Wayward Farm, LLC Boarding Agreement

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Polestar Farms, Inc.
Boarding Agreement
This agreement sets out and specifies the rights and obligations of Polestar Farms, Inc.
(hereinafter Polestar Farms ”) and _________________________ (“hereinafter “Boarder” )
in connection with the boarding of the horse or horses (hereinafter “the horse”) described below.
1. Horse(s) to be Boarded
Horse 1
a. Barn name:
___________________
Horse 2
___________________
b. Breed:
___________________
___________________
c. Color:
___________________
___________________
d. Markings:
___________________
___________________
e. Sex:
___________________
___________________
f. Registered name: ___________________
___________________
g. Registration #:
___________________
___________________
h. Identification
___________________
___________________
chip/tattoo/brand
2. Representations and Warranties by Boarder
a. Ownership. Boarder represents and warrants that she or he is the lawful owner and/or
possessor of the horse.
b. Health. Boarder represents and warrants that the horse has had a Coggins test within the
past six months and that the results of said test were negative, and that the horse is
currently free from disease. Boarder also warrants that if the horse is to be brought to
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Polestar Farms from out of state it has a current health certificate, and within the last three
months has been vaccinated for eastern/western encephalitis, influenza, rhinopneumontis,
rabies, tetanus, West Nile Virus, and Potomac horse fever. If the horse is coming from an in
state location, Boarder warrants that it has had the above vaccinations within the past six
months. Boarder also warrants that the horse has been vaccinated within the past three
months against strangles if the horse is from a barn that had a case of strangles within the
past three months.
c. Behavior. Boarder represents and warrants that except as hereafter stated, the horse is free
from vices and behaviors which could endanger it, other horses, or persons:
___________________________________.
3. Responsibilities of Boarder
a. Care of the horse. Boarder shall remain responsible for the health and welfare of the horse,
including but not limited to determining the need for veterinary care and treatment,
vaccinations, exercise, shoeing, and farrier care.
b. Current information. Boarder shall provide to Polestar Farms the information requested on
the attached information sheet and keep such information current.
c. Compliance with Polestar Farms rules. Boarder shall comply with the attached rules, and
such other rules as may be provided to the Boarder.
d. Payment of fees and costs. Boarder shall pay all fees and costs by the ___ of each month.
4. Responsibilities of Polestar Farms
a. Stall. The horse shall be provided with an individual stall to be assigned by Polestar Farms.
b. Bedding. The stall will have an appropriate layer of shavings as bedding, to be cleaned and
changed as needed.
c. Turnout. The horse shall be turned out daily, for a period of time as determined by Polestar
Farms.
d. Worming. Polestar Farms shall deworm the horse each six to eight weeks with an
appropriate deworming product. The charge for the service is $___10____ per worming and
said charge will appear on Boarder’s statement.
e. Hay. The horse will be provided with an appropriate quantity of horse quality _______ hay on
a daily basis.
f. Grain. The horse will be fed grain _____ times per day as determined by Polestar Farms.
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g. Supplements. Polestar Farms will provide supplements to the horse, if provided by Boarder
in bagged form.
h. Water. The horse will have continuous access to fresh water.
i.
Salt. The horse will have access to a salt block in its stall.
j.
Pasture. The horse will be turned out in pasture as available and determined by Polestar
Farms.
k. Coordination of farrier/vet calls. Polestar Farms will make reasonable efforts to coordinate
farrier and veterinary call for the convenience of Boarder. However, the Boarder is
responsible for both arranging and paying for adequate veterinary and farrier care for the
horse.
l.
Arena/Footing. Polestar Farms will make available to Boarder for his/her use the dressage
arena currently on the premises, with sand footing. Boarder, with advance coordination,
may have use of this facility during hours appropriate to the season. No jumps are currently
on the premises, and none may be brought in and used.
m. Tack storage. Polestar Farms will provide for Boarder’s use an area for tack storage, to be
shared with other boarders. Polestar Farms disclaims all responsibility for the safety or
security of items the Boarder chooses to store therein at the Boarder’s own risk.
n. Special services. With advance coordination, for an agreed upon additional fee, Polestar
Farms may provide the following special services: medication of horse in accordance with
veterinary instructions, extended lay-ups, extended bandaging, and grooming.
5. Fees
The fee for the services set out in paragraphs a-m above shall be $_____ per month, payable by the
___th of each month. Every six to eight weeks an additional $____ charge will be added to that
month’s bill for worming. A late fee of $20.00 will be charged for payments not received by the 10th
of each month. A charge of $29.00 will be added for any check returned.
6. Emergency Care
Should Polestar Farms, in the exercise of its sole discretion, determine that the horse may be in
need of veterinary care or treatment, it shall make reasonable efforts to notify Boarder at the
telephone numbers provided to it for such purposes by Boarder. If unable to reach Boarder,
Polestar Farms shall be authorized to request on behalf of Boarder the services of the veterinarian
specified by Boarder, or any other veterinarian if circumstances require. The Boarder shall state
any limitations on treatment in advance on the attached sheet. The cost of any such emergency
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calls, care or treatment shall be the sole responsibility of Boarder, and shall be paid promptly.
Under no circumstances shall Polestar Farms or its employees or affiliates be liable for any action
taken or not taken relating to emergency care of the horse, whether negligent or not, and Boarder
specifically agrees to this and waives any and all such rights or claims..
7. Term and Termination
a. For cause. Polestar Farms may terminate this agreement without notice for breach on the
part of Boarder, or if Polestar Farms has reason to believe that the horse may have a
communicable disease, or termination is necessary for safety reasons.
b. Upon notice. Either party may terminate this agreement upon 30 days advance notice.
c. This agreement has no fixed term.
8. Lien Rights
Boarder acknowledges and agrees that Polestar Farms has lien rights pursuant to the North Carolina
General Statute 44A for all fees of any sort arising under this boarding agreement and that pursuant
to that statute Polestar Farms may sell the horse to satisfy unpaid board bills. THE OWNER SHALL
NOT BE PERMITTED TO REMOVE THE HORSE FROM THE STABLE UNTIL ALL FEES, COSTS AND
EXPENSES OF ANY SORT PROVIDED HEREIN HAVE BEEN PAID IN FULL.
9. Liability, Risk of Loss or Damage, and Insurance
The parties have apportioned potential legal liability in a separate agreement entitled Equestrian
Activity Agreement which in incorporated herein by reference. Boarder again acknowledges and
accepts responsibility for any damage to property or others caused by the horse. Boarder also
acknowledges that Polestar Farms does not insure the horse.
10. Miscellaneous
This document sets out the entire agreement between the parties and may not be changed unless
in writing signed by both parties.
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WARNING
UNDER WASHINGTON STATE LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL
IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES
RESULTING EXCLUSIVELY FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT.
_____________________
Boarder
_______________
Date
Polestar Farms, Inc.
By:________________________________
Title/Name
________________
Date
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