Crestone Farms – Boarding Agreement

advertisement
Crestone Farms – Boarding Agreement
This agreement is made on _____________ 2005, by and Between Crestone Farms
(referred to as “stable”), located at 15493 N.107th, Longmont, Colorado, and (name of
horse owner, referred to as “owner”) ______________ residing at (address of Horse
Owner), _____________________________________ horse described in Section 2.
1. Fees
(a) In consideration of __________________ ($______) Dollars per horse per month
paid by Owner in advance on the twenty-fifth (25th) day of the preceding month,
the stable agrees to board said horse beginning on _____________in a _______.
Checks are made payable to Crestone Farms.
(b) Late charges of Ten Dollars ($10.00) per day may apply after the first day of
the month. A $25.00 administrative fee may apply for all checks returned by
the bank.
(c) The fees are subject to change with thirty (30) days written notice by the Stable.
(d) The horse may not be removed from premises unless all board fees and late
charges have been paid in full (see Section 11)
2. Ownership and Description of the Horse.
Owner warrants that he/she owns the horse.
Name of horse:_______________________ Year of Birth:_______ Sex: __________
Color and Markings:____________________________________________________
Breed or Type:_________________________ Registration #____________________
3. Use of Facilities.
Owner is entitled to use of the outdoor arena, wash rack, space in the tack room and
parking on the southwest end of the facility. Trailer must be kept in good repair, licensed
and insured. Stable reserves the right to close or limit use of facilities for events, repairs
or maintenance.
4. Standard of care.
(a) Stable agrees to provide normal and reasonable care to maintain the health and
well being of said horse with the exception of vaccinations, dewormer and farrier
service.
(b) Owner is responsible for keeping said horse on an adequate vaccination,
dewormer and farrier schedule. Owner shall contact veterinarian to determine
what is adequate for said horse.
5. Rules and Regulations.
Owner agrees to comply with all stable rules and regulations as posted in the barn office
and with requests that may be directed by Stable or it’s appointed agents.
6. Risk of Loss/Hold Harmless/Indemnity.
(a) Owner agrees to hold harmless, release and discharges Stable, it’s owners, agents,
employees, officers, directors, representatives, assigns, members, owners of
premises and trails, affiliated organizations, insurers and others acting on its
behalf (hereinafter, collectively referred to as “Associates”) of and from all
claims, demands, causes of action and legal liability, whether the same be known
or unknown, anticipated or unanticipated, due to Stable’s and/or it’s Associates
ordinary negligence, he/she shall bring no claims, demands, actions and causes of
action, and/or litigation, against Stable and its Associates as stated above in this
clause, for any economic and non-economic losses due to bodily injury, death,
property damage sustained by Owner or caused by Owners horse in relation to the
premises and operations of the Stable, whether on or off the premises of Stable.
Owner agrees to pay legal fees incurred by Stable in defense of a claim resulting
from damage by said horse.
(b) Under Colorado law, an equine professional is not liable for injury to a
participant in equine activities resulting from the inherent risks of equine
activities, pursuant to Section 13-21-120, Colorado Revised Statutes.
8. Emergency Care.
If medical treatment is needed for the horse, Stable will cal owner. In the event Owner is
not reached, Stable has the authority to secure emergency veterinary and/or farrier care.
The welfare of the horse shall be first and foremost. However, Stable has no
responsibility to pay for such emergency care. Owner is responsible to pay all costs
relating to this care. Stable is authorized to arrange billing to Owner.
9. Termination.
(a) Either party may terminate this Agreement. In the event of a default, the wronged
party has the right to recover attorney fees and court costs, resulting from this
failure of wither party to meet a material term for this Agreement.
(b) Owner agrees to give Stable thirty (30) days written notice to terminate this
Agreement.
(c) Owner cannot assign this Agreement.
10. Right of Lien.
Stable has the right of lien as set forth in the law of the State of Colorado for the amount
de for board, late charges and additional agreed upon services and shall have the right,
without process of law, to retain said horse until the indebtedness is satisfactorily paid in
full.
11. Governing Law.
This Agreement is subject to the laws of the state of Colorado. Any legal action must be
taken in Boulder County. The parties have executed this Agreement this
day
of
, 2004.
12. Entire Agreement.
This constitutes the entire Agreement of the parties. Any modifications or additions must
be in writing and signed by all parties to this Agreement. No oral modifications or
additions will be considered to be part of this Agreement unless reduced to writing and
signed by all parties.
STABLE:
OWNER:
15493 North 107th,
Longmont
CO
(Signature)
(Address)
Download