1061 Capella School Road, King, North Carolina 27021 Telephone: (336) 972-8897 www.tokotahorsestables.com
1.
PARTIES. This agreement is made this day of , 20 by and between Tokota Horse Stables, a North Carolina limited liability company located in King,
Stokes County, North Carolina, and
(hereinafter referred to as “Boarder”).
2. HORSE. This contract pertains to the horse (hereinafter referred to as “horse”):
Name of horse:
Breed:
Age:
Sex:
Registration/Tattoo:
Color:
Markings:
Insurance Carrier/Policy No./Telephone No.(if applicable):
3. OWNERSHIP. Customer
has full title and registration
has purchased the horse on installment contract with final payment due on
leases the horse; or
manages the horse and full title and registration are currently held by
Address Telephone #:
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4. SERVICE PROGRAM. Boarder hereby contracts for Tokota Horse Stables services as defined herein for the following base fee, plus such other additional fees and expenses described below as may apply:
 $
 $
 $
per month for an individual stall boarding
per month for individual paddock boarding
per month for pasture boarding
5. FULL MONTHLY BOARD. This program is available to horses that remain at Tokota Horse Stables exclusively. In the event that the horse is to be permanently removed from the property, Boarder shall provide (30) days notice or shall pay an amount equal to one month’s board. All horses shall be provided grain and either hay or pasture grass for feeding and pasture for exercise. No forced exercise or grooming shall be provided except as requested below.
6.
LIMITATION OF LIABILITY AND INDEMNIFICATION. Tokota Horse Stables and its affiliates, agents, employees, officers and directors, shall not be liable for sickness, disease, astray, theft, death or injury that may be suffered by the horse while in the custody of Tokota Horse Stables, nor for any other loss, damages or injury arising out of or connected with breeding, boarding, conditioning, training, or other services pursuant to this Agreement, except as provided by law.
Boarder fully understands, authorizes and assumes the risks inherent in conditioning, training, breeding and transporting horses and acknowledges that mortality and other insurance is solely
Boarder’s responsibility. All implied warranties, including fitness, merchantability, or otherwise, and all special, incidental and consequential damages are hereby excluded, to the full extent permitted by law. In no event shall Boarder’s remedy exceed the amount of the fee paid for the services complained of. Tokota Horse Stables shall also not be liable for any personal injury or disability which the Boarder or his agents, representatives, families may receive while on or off Tokota Horse
Stables’ premises except as required by law. Boarder agrees to indemnify and hold Tokota Horse
Stables harmless from any claim related to damages, illness or injury caused by his horse, and from any claim by a buyer of the horse, and agrees to pay all expenses and attorney’s fees incurred by Tokota Horse Stables in defending such claims.
7. ACCEPTANCE. This Agreement is not effective until approved and executed by Tokota Horse
Stables, which reserves the right to reject any horse at its sole discretion. All service programs are subject to availability and Tokota Horse Stables reserves the right to discontinue any service program.
8. VACCINATIONS. Boarder warrants that the horse is free of all communicable diseases upon delivery to Tokota Horse Stables. On or prior to arrival, the Boarder shall provide a record of current vaccination for Equine Influenza, Tetanus, Eastern/Western, Rabies, Potomac Fever, West Niles
Virus, Rhino, and a negative Coggins test performed within (6) months prior to arrival. If the horse arrives without records of such vaccinations and test, Tokota Horse Stables may, at its option, refuse to accept the horse or provide the vaccinations and test at Boarder’s expense. THE HORSE MUST BE
DEWORMED 48 HOURS BEFORE ITS ARRIVAL AT Tokota Horse Stables. If the horse arrives without deworming within 48 hours, the horse will be wormed on arrival at Boarder’s expense and put in a stall for 48 hours.
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9. VET CARE. Boarder has the option of authorizing Tokota Horse Stables to maintain and provide vaccinations, dental care, hoof care, deworming and other horse care needs, including emergency care, at Boarder’s expense. Tokota Horse Stables shall immediately inform Boarder of any emergency involving Boarder’s horse and, if not life threatening, wait for Boarder’s consent prior to contacting a veterinarian. If, in our opinion, the injury is life threatening, Tokota Horse Stables is hereby authorized to summon veterinary assistance prior to contacting Boarder and without waiting for Boarder’s consent.
10. BILLING. All board is due and payable on the 1st day of each month in advance. If Boarder fails to pay any amount due hereunder for more than ten (10) days, Tokota Horse Stables may immediately charge a late charge of $25.00 per month until paid in full. In the event payment is overdue by thirty (30) days, Tokota Horse Stables shall be entitled to a lien against the horse stored upon Tokota Horse Stables’ premises in the full amount due. Enforcement of said lien shall be at the discretion of Tokota Horse Stables who may sell the horse for amounts outstanding in accordance with North Carolina law. Tokota Horse Stables reserves the right to retain possession of the horse until all invoices are paid in full. In the event collection of this account is turned over to an attorney, Boarder agrees to pay all reasonable attorney fees, cost, and other related expenses. At
Boarder’s request or as required in an emergency situation, Tokota Horse Stables shall provide, but not be limited to, veterinary services, farrier services, and incidental out-of-pocket expenses, at
Boarder’s expense.
11. RELEASE. Boarder shall make arrangements with Tokota Horse Stables for the horse’s release 48 hours in advance. Customer is solely responsible for determining whether the horse is sufficiently healthy to be moved and for obtaining any necessary blood tests, vaccinations, and health certificates. Upon commencement of preparing the horse for shipment, Boarder assumes full responsibility and releases Tokota Horse Stables from any responsibility or liability for the horse’s health, soundness, breeding condition, transportation and care.
12. LIEN. Boarder agrees that all outstanding balances due for board, conditioning, training, breeding, veterinary care, dental care farrier work and all other fees, charges, and expenses pursuant to this
Agreement shall be paid prior to Tokota Horse Stables’ release of the horse. Boarder grants Tokota
Horse Stables a lien upon and security interest in the horse to secure payment of all obligations and amounts due under this Agreement.
13. NON-ASSIGNABILITY. Boarder may not assign any rights or delegate any duties under this
Agreement without the written consent of Tokota Horse Stables.
14. TERMINATION AND WAIVER. Board may be terminated by Tokota Horse Stables upon (30) days written notice, except in the event of a default or as provided above. Time is of the essence and no delay or failure by Tokota Horse Stables to exercise any right shall be deemed a waiver of that or any right or remedy.
15. ENTIRE AGREEMENT, CONSTRUCTION, JURISDICTION, ATTORNEY’S FEES. This
Agreement contains the entire understanding of the parties concerning its subject matter, and may be modified only in writing except as otherwise provided. Headings are for convenience only and are not part of the Agreement. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the reminder. The Agreement shall be construed and governed by the laws of North Carolina. At Tokota Horse Stables’ option, jurisdiction and venue for all
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disputed matters connected with this Agreement shall be proper only in King, Stokes County, North
Carolina. If a lawsuit is filed with respect to this Agreement, the prevailing party shall be entitled to collect all reasonable attorney’s fees and costs for such suit.
This Agreement executed this the day of , 20
TOKOTA HORSE STABLES
.
By:
Lisa Motsinger Boarder Signature
Boarder’s Name
Boarder’s Address
City, State and Zip Code
Daytime Telephone Number
Evening Telephone Number
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