Boarding contract
This Horse Boarding Agreement is made by and between Twisted M Farm, LLC, a Texas limited liability company, located at 3633 County Road 168, McKinney, Texas 75071 (hereinafter referred to as the "Stable") and the client stated at the bottom of this form (hereinafter referred to as the "Horse Owner").
PLEASE READ CAREFULLY BEFORE SIGNING. SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. THIS STABLE DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR BOARDED HORSE(S).
WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
Boarding Fees
The Stable shall provide boarding for each horse described below for the sum of _____*selected amount in the form below*___ Dollars per calendar month, payable in advance on or before the first day of each month at the Stable's above address in the specified drop off location, by personal delivery to the Stable representative or agents, or by the electronic delivery methods as specified in the list of stable policies. Board payments not received within 5 days of the due date are subject to a late charge of 15%. Any checks returned due to insufficient funds or for any reason will be assessed a fee of $50.00 and a late charge.
Stable's fee schedule may be changed upon 30-day written notice to the Horse Owner and the Horse Owner agrees to pay such new fees or provide the Stable with written notice of termination pursuant to paragraph 16 below.
The Stable may offer additional services to Horse Owner and, if requested by Horse Owner, such additional services will be billed monthly and Horse Owner agrees to pay such bills. Emergency services shall be provided by the Stable as outlined in the Stable’s rules and be billed accordingly. Horse Owner agrees to pay for all Emergency Services provided to the Horse by the Stable within three (3) days of receiving the Stable’s invoice for said services.
Horse Owner agrees that the Stable will have a possessory lien against on Horse Owner's Horse(s) for amounts due to the Stable.
Horse to be Boarded
Horse(s) to be boarded: ________*detailed in the below form*________ further described in the below for
The term "Horse" shall include Horse or Pony, and all Horses described on the attached list.
Horse Owner certifies to the Stable that the Horse Owner is the sole owner of the Horse and that the Horse Owner has full and complete power and authority to enter into this Agreement for the boarding of Horse.
All Horses shall be required to be on a regular worming schedule as approved by the Stable. Horse Owner shall be responsible for worming the Horse at Horse Owner's expense at such regular intervals as the Stable may require. If Horse Owner fails to comply, the Stable may elect to arrange for appropriate parasite control at Horse Owner's expense.
Horse Owner shall designate a veterinarian and farrier for the routine care of Horse Owner's horse and will be responsible for arranging for and coordinating with said veterinarians and farriers for all care. Horse Owner or their representative must be present for such visits unless Stable is notified prior to visit and agrees to be present in the Horse Owner’s absence. Fees may apply for such services.
In the event of an emergency due to injury or illness, as determined by the Stable's sole opinion, should Horse Owner not be immediately available, the Stable may call a veterinarian to treat the Horse. Horse Owner agrees to pay the costs and fees charged by the veterinarian as well as any other associated costs associated with the emergency care of the Horse. The stable will make immediate effort to contact Horse Owner in the event of the injury or illness of the Horse. Horse Owner agrees to release and hold harmless the Stable and the Stable’s representatives for all actions taken while rendering emergency aid to the Horse. Horse Owner shall provide Stable with contact information for Horse Owner and keep all contact information current in the event of change.
Each Horse to be boarded shall enter the premises free from transmissible diseases, and must be effectively wormed and current on immunizations for tetanus, rabies, Encephalomyelitis-Rhinopneumonitis-Influenza (EVW), West Nile virus, Strangles, and any other vaccinations recommended by the Stable.
Horse Owner shall provide up-to-date documents showing proof of required vaccinations prior to the Horse's arrival at the Stable and shall keep all required vaccinations current.
Horse Owner shall provide the Stable with a Worming and Immunization Record, and a negative Coggins test prior to the Horse's arrival at the Stable.
Horse Owner agrees to properly care for each Horse's hooves, including farrier care. If Horse Owner fails to do so in the Stable's sole opinion, the Stable may arrange for appropriate farrier care at Horse Owner's expense.
No unapproved trainers are to be allowed on the property.
Services Provided By Stable
Stable will furnish as part of the boarding service the following products, services and facilities:
Group pasture board. A stall can be requested and, if available, may be utilized at additional expense. Horses kept in a stall are regarded as “self care” and must be maintained according to the barn’s written Barn Rules agreement. No Horse shall be kept in a stall without a signed copy of the Barn Rules policies in effect.
Access to horse quality coastal hay.
Access to wash stalls and grooming areas.
Access to a communal tack room.
Access to grooming area.
Access to lit covered arena.
This Horse Boarding Agreement shall continue in effect until terminated by either the Stable or Horse Owner as follows:
a. Horse Owner may terminate this Agreement at any time by written notice to the Stable delivered thirty (30) days prior to the effective date of termination. Unless otherwise specifically agreed in writing by the Stable, the monthly board shall not be prorated.
b. The Stable may terminate this Agreement at any time upon three (3) days written notice for Horse Owner's failure to pay fees and charges under this Agreement when they are due, or for the failure of Horse Owner or Horse Owner's guests, invitees, or agents to comply with this agreement or any rules of the Stable, or for any other cause.
c. The Stable may terminate the Agreement without cause upon thirty (30) days written notice delivered to Horse Owner in advance of the termination date. No reason need be given.
d. Upon termination, Horse Owner agrees that all fees and other charges due under this agreement shall be paid in full before Horse Owner will be permitted to remove any Horse from the Stable. Horse Owner agrees that each Horse remaining on the Stable premises after termination shall be subject to the boarding fees and other charges in this agreement plus a holdover fee of $50 per day. Horse Owner agrees that any Horse remaining on the Stable premises 30 days after termination shall be considered abandoned and shall become the sole property of Stable, regardless of the amount due or the value of the Horse. Horse Owner agrees that Stable may sell or give away the Horse without further notice to Horse Owner. Horse Owner hereby authorizes Stable to execute any forms necessary to complete the sale or transfer of the Horse. Horse Owner waives all claims to such abandoned Horses.
e. Upon termination, Horse Owner shall promptly remove all personal property of Horse Owner. Any items of personal property of Horse Owner remaining on the property after 5 days shall be considered abandoned by Horse Owner and shall become the property of Stable and may be sold, given away, or otherwise disposed of by Stable without any notice of Horse Owner. Horse Owner waives all claims to such abandoned property. f. In the event that Horse Owner fails to pay any fees or other charges when due under this Agreement, or if Horse Owner fails to remove the Horse from the Stable's facilities upon termination of this Agreement, and the Stable retains an attorney to collect funds due, or to force the removal of the Horse from the Stable's facilities, Horse Owner shall be responsible for and pay to the Stable all costs and expenses the Stable incurs for attorney's fees, court costs and other expenses. All past due sums such accrue interest at 18% per year.
The Stable shall not be liable for, and Horse Owner hereby releases the Stable for, any sickness, disease, injury, or death of the Horse. The Stable shall not be liable for the theft of the Horse from the Stable premises. Horse Owner hereby assumes all risks of loss, injury, death, or theft of the Horse.
Horse Owner agrees to pay for any damage to the Stable caused by Horse Owner, any Horse, or any guest of Horse Owner. Horse Owner hereby agrees to defend, indemnify, hold harmless, and reimburse the Stable, Lessor, its affiliates owners, trainers, servants, agents, family members, managers, employees or officers against and for any claims, demands, injuries, causes of action, lawsuits, and/or property damage, including costs and attorney’s fees and expenses, directly or indirectly, including loss of income, arising from or related to any action or other proceeding brought by or for the benefit of Horse Owner or any guest of Horse Owner, or any third person as a result of any action on Horse Owner’s part, or in connection with Horse Owner or Horse Owner’s Horse, guests or property.
In the event someone other than the Horse Owner intends to handle the Horse, such person must have written permission or other agreed upon pre-arranged permission to handle or ride the Horse, and the Stable must be informed by the Horse Owner of such granted permission prior to activities.
Anyone riding, handling or caring for or near a horse can suffer bodily and other injuries, which can be severe, permanent and/or fatal. Horses are unpredictable by nature. When frightened, angry or under stress, the natural instinct of a horse is to jump (forward, sideways or back), back-up quickly, buck, rear-up, walk away or run away at a trot, canter or gallop. Horses are known to kick, buck, rear-up, spin-around, stumble and strike or bite. Horses can do any of these without warning. All horses, even if they have no history of inflicting injury, are large and powerful and are potentially dangerous to any person who is on, near or around the horse. Riding, handling or even being near a horse can expose a person to numerous hazards including, without limitation, the following examples:
the propensity of a horse to behave in sudden, unexpected ways that may result in immediate bodily injury or death to any person in the proximity of the horse;
the unpredictability of the reaction of a horse to a sudden sound, a sudden movement, a land or surface condition, or an unfamiliar object, person or other animal;
the failure of a horse to adequately respond to a land, surface or subsurface condition;
a collision with another animal, person or object; and/or (e) the potential of a rider or participant to act in an improper or negligent manner that may cause or contribute to injury to a person or other animal, including the failure to maintain control of a horse. Horse Owner understands that footing on the Stable premises, including the arena, pastures, paddocks, round pen, and other areas, can have holes, rocks, stones, uneven areas which can cause Horse Owner or horses to stumble, trip, or fall. Horse Owner understands, appreciates and acknowledges these risks, and understands and acknowledges that other risks not listed above are inherent in, or may arise from, Equine Activities. Horse Owner is not relying upon the Stable to state, list or otherwise warn or apprise Horse Owner of all risks inherent in Equine Activities. Horse Owner does hereby and voluntarily ASSUME ALL RISKS arising directly or indirectly, from use of or the presence upon the Stable premises, use of any equipment or property of the Stable, or from any Equine Activities, or from Stable’s own negligence. Horse Owner agrees not to sue the Stable or its owners, managers, trainers, employees, agents, servants, family members, or anyone acting on behalf of Stable or make any claim against such parties in connection with any injury, loss, damage or death occurring on the Stable premises.
Horse Owner agrees to make any guest or other authorized person aware of the risks associated with Horses and the handling and riding of them. It is entirely the responsibility of the Horse Owner to supervise, educate, and limit the activities of guests or anyone else near any horse on the property. It is the responsibility of the Horse Owner to obtain a copy of the Stable’s liability release and procure the signatures of all guests and persons accompanying the Horse Owner, or anyone acting in the Horse Owner’s absence, prior to any visits, riding, or handling of the Horse by said parties. Minors must ALWAYS be accompanied by the Horse Owner, and have parental or guardian permission to sign all waivers and releases.
Additional Provisions
Trailer parking is $25 per month and shall be limited to one trailer per Horse Owner. Stable is not responsible for damage, theft, or loss of any trailers or trucks on the property.
This agreement may not be assigned or transferred by Horse Owner without the written consent of the Stable.
Horse Owner shall promptly notify the Stable of any changes in Horse Owner's contact information.
This Agreement shall be governed by the laws of the State of Texas. Venue shall be Collin County, Texas.
This Agreement shall be the joint and several obligations of all Owners of the Horse, and shall be binding upon their personal representatives, heirs, successors and assigns.
The parties agree that if any term or condition is found to be invalid under the laws of Texas, such offending term or condition shall be stricken from the agreement without affecting the other terms and conditions.
This Agreement represents the entire agreement between the parties; it may only be amended in writing and signed by both parties. No oral modifications will be considered part of this agreement unless reduced to writing and signed by the parties to this agreement.
Horse Owner represents that Horse Owner has read this entire document and that Horse Owner fully understand each and all of the terms and conditions set forth within this document. Horse Owner represents that Horse Owner has read this entire document and that Horse Owner fully understand each and all of the terms and conditions set forth within this document. Horse Owner further represents that has discussed or has had the opportunity to discuss this document with an attorney of Horse Owner’s own selection and understands that this document is effective now and at all times in the future.
The Stable shall have the right to post in a conspicuous place such rules and regulations as the Stable shall deem to be appropriate. Horse Owner agrees to abide by all such rules and regulations as may be posted from time to time. Horse Owner's invitees, guests and agents shall also be required to abide by all rules and regulations and present all releases and permissions as required by the Stable, as outlined above in section 21(e).
SIGNER STATEMENT OF AWARENESS I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. I/WE, THE UNDERSIGNED, FURTHER ATTEST THAT FACTS STATED ARE TRUE AND ACCURATE.