|
Email: twistedjranch@hotmail.com
Mobile phone:
618-237-1306
Board Type: Annual Full Board
WITNESS THIS AGREEMENT this _______day of______________,
20 , by and between Twisted J
Ranch., hereinafter referred to as
"Stable," and Jona Lehr, hereinafter referred to as
"Owner."
1. Fees, Term, and Location. Owner acknowledges
and accepts those terms set forth in the rate schedule applicable on the
date above as issued by Stable, whether said rates be daily, weekly, or
monthly. This is an annual contract and rates are based on an annual
usage. Payment shall be issued in accordance with that rate schedule on a
timely basis. Any charges not paid in a timely manner shall be subject to
finance charges set forth in the rate schedule. In the event the subject
animal is removed from the premises for any reason and returned, this
agreement shall be deemed reinstated at rates applicable at the time of said
return. Stable reserves the right to notify Owner within fifteen (15) days
of the horse's arrival if the horse, in Stable's opinion is deemed to be
dangerous or undesirable for Stable's establishment. In such case, Owner
shall be solely responsible for removing the horse within seven (7) days of
said notice and for all fees incurred during the horse's presence upon the
premises. This Contract shall be deemed terminated and concluded upon the
payment of all fees.
Further, it is agreed and understood that any damage
caused by owner or his/her horse whether to stalls, fences, ranch property,
people or property either owned by stable or boarders, visitors, etc. is the
sole responsibility of the owner and owner must pay all related expenses
that result from said damage.
The boarding fee is due upon the first of the month.
In the event said payment is overdue by ten (10) days, Stable shall be
entitled to exert a lien against said horse, and the property upon the
premises as more further described below, for any amounts due, and shall be
entitled to enforce said lien and foreclose its interest against said horse
and/or equipment for the amount due in accordance with the laws of the State
of Illinois. A security deposit of One Months Board, payable with this
Contract, minus any charges due to stable, shall be refunded to Owner within
thirty (30) days of the date of completion of this Contract. The initial
monthly charge applicable to the services as set forth below shall be
$_____________per month or a TOTAL of $____________ annually.
2. Description of Horse(s) to be Boarded. Owner
agrees to submit a fully completed Owner Information Sheet for each horse
boarded upon execution of this agreement. The terms and conditions set
forth here in shall be applicable to each and every animal boarded by Owner.
3. Feed, Facilities, and Services. Stable
agrees to provide adequate feed and facilities for normal and reasonable
care required to maintain the health and well being of the animals. Owner
acknowledges Owner has inspected the facilities and finds same in safe and
proper order. The standard services to be provided herein and the charges
therefore are as posted in the office of Stable and are subject to change at
Stable's discretion. Owner agrees to reimburse stable for repair of any
damages caused by owners horse to stalls, fences or equipment because of
chewing, kicking, fighting, or otherwise unacceptable behavior.
4. Risk of Loss and Standard of Care. DURING
THE TIME THAT THE HORSE (S) IS/ARE IN CUSTODY OF STABLE, STABLE SHALL NOT BE
LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY WHICH MAY
BE SUFFERED BY THE HORSE (S) OR ANY OTHER CAUSE OF ACTION, WHATSOEVER,
ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF SAID HORSE
(S), EXCEPT IN THE EVENT OF NEGLIGENCE ON THE PART OF STABLE, ITS AGENTS,
AND/OR EMPLOYEES. This includes, but is not limited to, any personal injury
or disability the horse Owner, or Owner's guest, may receive on Stable's
premises.
The Owner fully understands that Stable does not carry
any insurance on any horse(s) not owned by it for boarding or for any other
purposes, whether public liability, accidental injury, theft or equine
mortality insurance, and that all risks connected with boarding or for any
other reason for which the horse(s) in the possession of, and on the
premises of Stable are to be borne by the Owner. Stable strongly recommends
equine mortality insurance be obtained applicable to the subject horse(s) by
Owner.
THE STANDARD OF CARE APPLICABLE TO STABLE IS THAT OF
ORDINARY CARE OF A PRUDENT HORSE OWNER AND NOT AS A COMPENSATED BAILEE.
IN NO EVENT SHALL STABLE BE HELD LIABLE TO OWNER FOR
EQUINE DEATH OR INJURY IN AN AMOUNT IN EXCESS OF FIVE HUNDRED DOLLARS ($500)
PER ANIMAL. OWNER AGREES TO OBTAIN EQUINE INSURANCE FOR ANY ANIMALS VALUED
IN EXCESS OF FIVE THOUSAND DOLLARS ($500), AT OWNER'S EXPENSE, OR FOREGO ANY
CLAIM FOR AMOUNTS IN EXCESS OF FIVE HUNDRED DOLLARS ($500). OWNER AGREES TO
DISCLOSE THIS ENTIRE AGREEMENT TO OWNER'S INSURANCE COMPANY AND PROVIDE
STABLE WITH THE COMPANY'S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO
DISCLOSE INSURANCE INFORMATION SHALL BE AT OWNER'S RISK.
5. Hold Harmless. Owner agrees to hold Stable
harmless from any and all claims arising from damage or injury caused by
owner's horse(s) to anyone, and defend Stable from any such claims. Owner
agrees to disclose any and all hazardous or dangerous propensities of
horse(s) boarded with Stable.
6. Emergency Care. Stable agrees to attempt to
contact Owner should Stable feel that medical treatment is needed for said
horse(s), however, if Stable is unable to contact Owner, Stable is then
authorized to secure emergency veterinary, and blacksmith care required for
the health and well-being of said horse(s). All costs of such care incurred
shall be paid by Owner within fifteen (15) days from the date Owner receives
notice thereof, or Stable is authorized, as Owner's agent, to arrange direct
billing to Owner.
STABLE SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF
RECOMMENDED BY A VETERINARIAN IN THE EVENT OF COLIC, OR OTHER
LIFE-THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR ON OWNER'S
INFORMATION SHEETS, BY OWNER THAT THE HORSE (S) IS/ARE NOT SURGICAL
CANDIDATES.
Owner agrees to notify Stable of any and all change of
addresses, emergency telephone numbers, itineraries or other information
reasonably necessary to contact Owner in the event of an emergency. In the
event Owner departs for vacation or is otherwise unavailable, prior to
departure Owner shall notify Stable as to what party is authorized to make
decisions in the Owner's place with regard to the health, well-being, and/or
medical treatment of the horse(s).
7. Limitation of Actions. Any action or claim
brought by Owner against Stable for breach of this Contract or for loss due
to negligence must be brought within one (1) year of the date such claim or
loss occurs.
8. Shoeing and Worming. Owner agrees to provide
the necessary shoeing and worming of the horse(s) as is reasonably
necessary, at Owner's expense. Owner agrees to provide Stable with all
health records with regard to the horse(s). Owner agrees to have the
horse(s) wormed and vaccinated on a regular schedule, and in the event same
is not accomplished and proof of same presented to Stable within thirty (30)
days from the date of such services or veterinary treatment, Stable is
authorized to arrange for such treatment, but not obligated to do so; such
expense shall be the obligation of Owner, and upon presentation by Stable of
the bill for such services rendered, including service charges, any bill
shall be paid within fifteen (15) days from the date the bill is submitted
to the Owner.
9. Ownership-Coggins Test and Health Certificate.
Owner warrants that he owns the horse(s) and will provide proof satisfactory
to Stable of the negative Coggins test upon request. A copy of original
Coggins Papers must be provided to the Stable. All out of state horses must
be accompanied with a current health certificate.
10. Changes or Termination of This Agreement.
It is agreed by the parties that this Agreement may be changed or terminated
upon thirty (30) days notice, regardless of the rental period. All notices
must be issued in writing unless otherwise agreed upon by the parties.
Should Owner decide to terminate this agreement prior to the end of 12 month
discounted contract period a 20% fee will be charged for each month that the
horse was here at the annual rate. Further, Owner agrees to forfeit
deposits contract is terminated prior to 12 months from date of signing.
The posting of updated rate schedules in a conspicuous
or open place in Stable's office shall constitute notice of any and all rate
changes or regulation changes as may be deemed appropriate by Stable. Upon
renewal, all rate changes will apply.
11. Rules and Regulations. The Owner agrees to
abide by all the rules and regulations of the Stable. In the event someone
other than the Owner shall call for the horse(s), such person shall have
written authority signed by the Owner to obtain said horse(s).
12. Right of Lien. The Owner is put on notice
that Stable has a right of lien as set forth in the laws of this state, for
the amount due for the board and keep of such horse(s), and also for storage
and services, and shall have the right, without process of law, to retain
said horse(s) until the amount of said indebtedness is discharged. However,
Stable will not be obligated to retain and/or maintain the horse(s) in
question in the event the amount of the bill exceeds the anticipated
unregistered value of the horse(s). In the event Stable exercises Stable's
lien rights as above-described for non-payment, this Agreement shall
constitute a Bill of Sale and authorization to process transfer applications
from any breed registration as may be applicable to said horse(s) upon
affidavit by Stable's representatives setting forth the material facts of
the default and foreclosure as well as Stable's compliance with foreclosure
procedures as required by law. In the event collection of this account is
turned over to an attorney, Owner agrees to pay all attorney's fees, costs,
and other related expenses for which a minimum charge of $500.00 will be
assessed.
13. Property in Storage on Stable's Premises.
Owner may store certain tack and equipment on the premises of Stable at no
additional charge to Owner. However, Stable shall not be responsible for
the theft, loss, damage or disappearance of any tack or equipment or other
property stored at Stable as same is stored at the Owner's risk. Stable
shall not be liable for the theft, loss, damage, or disappearance of any
tack or equipment taken to horse shows or clinics. Vehicles stored upon the
premises will be subject to a $10.00/day storage cost for all delinquent
accounts.
14. Inherent Risks and Assumption of Risk. The
undersigned acknowledges there are inherent risks associated with equine
activities such as described below and hereby expressly assumes all risks
associated with participating in such activities. The inherent risks
include, but are not limited to the propensity of equines to behave in ways
such as, running, bucking, biting, kicking, shying, stumbling, rearing,
falling or stepping on, that may result in an injury, harm or death to
persons on or around them; the unpredictability of equine's reaction to such
things as sounds, sudden movement and unfamiliar objects, persons or other
animals; certain hazards such as surface and subsurface conditions;
collisions with other animals; the limited availability of emergency medical
care; and the potential of a participant to act in a negligent manner that
may contribute to injury to the participant or others, such as failing to
maintain control over the animal or not acting within such participant's
ability.
Warning-Under Illinois law, an equine activity
sponsor or equine professional is not liable for an injury to, or the death
of, a participant in equine activities resulting from the inherent risks of
equine activities.
15. Entire Agreement. This contract represents
the entire agreement between the parties. No other agreements, promises, or
representations, verbal or implied, are included herein unless specifically
stated in this written agreement. This contract is made and entered into in
the State of Illinois, and shall be enforced and interpreted in accordance with
the laws of said State.
16. Enforceability of Contract. In the event
one or more parts of this contract are found to be unenforceable or illegal,
the other portions hereof shall be deemed in full force and effect.
OWNER (OR AUTHORIZED AGENT)
- By____________________________
- Signature
-
- _______________________________
- Print Name
- By_____________________________
- Signature
-
- _______________________________
- Print Name
OWNER'S PARENT OR GUARDIAN (IF OWNER
IS A MINOR)
Address:
_________________________________________________________
_________________________________________________________
Telephone: ___________________ Work
_____________________ Ext______
Home _______________________________
Pager:_____________________________ Cellular:
___________________________ |