Boarding Contract, Waiver, Liability Release, and Indemnification
Agreement
6635 Whiteford Rd, Ottawa Lake, MI
This boarding contract, Waiver, Liability Release, and Indemnification Agreement
(hereinafter, “Agreement”) is made by and between Amy Scheick Gasaway, Flying Change
Farm (referred to as “Stable”) and _______________________ (referred to as “Horse
Owner”).
A. Boarding Fees. As consideration for the boarding and care of horse(s) by Stable,
Horse Owner agrees to pay Stable fees of $_____ a month for board, which
includes: use of box stall, feeding grain and hay twice daily, watering stall bedding
and cleaning, daily pasture turnout, except in inclement weather, ___handling horse
for veterinarian and/or farrier, __ horse blankets put on or removed as needed.
__Other boarding services-specify and initial below:
Fees are due and payable to Stable on the first (1 st) day of each month that horse(s) are at
Stable. Payments made more than five (5) days after this date must include an
administrative charge/late payment of $15 per week in which board is unpaid. Interest on
any unpaid sums shall accrue at a rate of 8% per annum, or the highest rate under Michigan
law, whichever is greater. A charge of $25 will apply for each NSF/returned check. Horse
Owner understands and agrees that horse(s) boarded under this Agreement will not be
released from Stable until all fees are paid in full. Stable reserves the right to change its
rates by giving Horse Owner (30) days advance notice. The above board fee does not
include veterinary, farrier, training, conditioning, or other services.
B. First Payment. Stable acknowledges the receipt of a payment of $_______, which
has been paid by Horse Owner to Stable upon the signing of this Agreement. Stable
will apply this payment toward the first month’s fees and expenses due to Stable
under this Agreement.
C. Information About Horse Owner and Horses(s) to Be Boarded
1. Horse Owner. Horse Owner is the owner, part owner, or lessee of the
horse(s) listed in Section 2, below, and is desirous of having it stabled at
Stable pursuant to the terms of this Agreement.
Owner’s Name: ___________________________________________________
Address: _______________________________________________________
Telephone Home____________(work)___________ (cell-other)______________
Contact in Case of Emergency: __________________ Phone: ________________
Horse Owner agrees to keep Stable immediately notified of any changes in the above
information.
2. Horse Owner’s Horse(s):
Name of Horse: ________________
_____________
Age/Breed/Color: ______________
_____________
Vices/Habits: _________________
_____________
Other Information: _____________
_____________
Insurer & Policy #: _____________
____________
Insurer Emrgcy. #_____________
______
This horse(s) will hereafter be referred to as “Horse”. Horse Owner represents that the
horse(s) described in Section 2, above, is/are, to the best of Horse owner’s knowledge, free
from transmittable illnesses or diseased and is/are de-wormed and current on immunization
for tetanus, Potomac Fever, strangles, flu, and rhino. At stable’s request, Horse Owner
must provide Stable with (1) a negative Coggins Test taken of horse(s) by a licensed
veterinarian in the past 12 months; and (2) proof of recent inoculations before Horse may
enter Stable.
3. Receipt of Horse(s). Stable acknowledges the receipt of horse(s) from
Horse Owner on _______________ for boarding under this agreement.
Horse Owner has inspected the Stable’s premises and is satisfied with the
condition of it.
D. INHERENT RISKS. Horse Owner understands that there are many INHERENT
RISKS associated with riding or being near equines, which include, but are not
limited to the following:
(a) The propensity of an equine to behave in ways that may result
in injury, death, or loss to persons on or around the equine;
(b) The unpredictability of an equine’s reaction to sounds, sudden
movement, unfamiliar objects, persons, or other animals;
(c) Hazards, including, but not limited to, surface or subsurface
conditions;
(d) A collision with another equine, another animal, a person, or an
object; and
(e) The potential of am equine activity participant to act in a
negligent manner that may contribute to injury, death, or loss
to the person of the participant or other persons, including but
not limited to, failing to maintain control over an equine or
failing to act within the participant’s ability.
HORSE OWNER UNDERSTANDS THESE RISKS INHERENT IN EQUINE ACTIVITIES
AND EXPRESSLY AGREES TO ASSUME EACH ONE OF THEM AND TO HOLD STABLE
HARMLESS FROM THE CONSEQUENCES OF EACH OF THEM.
E. WAIVER AND RELEASE OF LIABILITY. In consideration of Stable, undertaking
the boarding and/or training under the terms of this Agreement, Horse Owner
agrees to hold harmless, release, discharge, and not sue Amy Scheick Gasaway,
Marilyn Scheick, Jam Partners, Flying Change Farm and their respective employees,
agents, heirs, member, insurers, representatives, assigns, and others acting on their
behalf from liability for any and all bodily injuries or damages that Horse Owner
may sustain when on or near Stable’s premises, whether riding or near horses,
caused in whole or in part by the ordinary negligence of Stable, its agents,
employees, and/or assistants.
The term “damages” means medical expenses;
expenses incurred because of bodily injury or property damages, and/or personal
property damages. Further, Horse Owner agrees to release, discharge and hold
harmless Amy Scheick Gasaway, Marilyn Scheick, Jam Partners, Flying Change Farm,
and their respective employees, agents, heirs, members, insurers, representatives,
assigns, and others acting on their behalf of and from all claims, demands, actions,
omissions, rights of action, or causes of action (present or future), liabilities or
obligations whether the same be known or unknown, anticipated or unanticipated,
resulting from or arising out of Horse Owner’s injury or damage that may be
sustained, or property damage, except if the injury or damage was caused by
Stable’s gross negligence or wanton and willful misconduct.
Horse Owner also agrees to hold harmless and release Amy Scheick Gasaway, Marilyn
Scheick, Jam partners, Flying Change Farm, and their respective employees, agents, heirs,
members, insurers, representatives, assigns, and others acting on their behalf from liability
for any and all injuries, damages, or losses that Horse Owner’s horse(s) may sustain arising
out of the boarding of same that may accrue from any cause whatsoever, including fire,
theft, running away accidents, illness, injuries or death during the term of this Agreement
and while horses(s) is/are in Stable’s care, custody, or control, except if caused by the
gross negligence or wanton and willful misconduct of Stable. It is also mutually understood
and agreed that Stable will not be liable for any loss of, damage to, or theft of Horse
Owner’s equipment or personal belongings kept at the Stable’s facility.
F. INDEMNIFICATION. Horse Owner hereby agrees to indemnify and hold harmless
Amy Scheick Gasasway, Marilyn Scheick, Jam Partners, Flying Change Farm, and
their respective employees, agents, heirs, members, insurers, representatives,
assigns, and others action on their behalf against all damages sustained or suffered
by any third person(s) [not parties to this Agreement, including, but not limited to,
Horse Owner’s horse(s) relatives, guests, etc.] that directly result from the
negligence or wrongful acts of Horse Owner while Horse Owner’s horse(s) is/are at
Stable, including any and all claims, damages, or injuries whatsoever. The
indemnification shall also include reimbursement of Stable’s attorney’s fees.
G. EXECUTION OF STABLE’S WAIVER, LIABILITLY RELEASE, AND
INDEMNIFICATION AGREEMENT. All persons entering the premises of Stable,
including Horse owner and his/her/their guest, must sign Stable Waiver, Liability
Release, and Indemnification Agreement. Parents or legally appointed guardians are
required to sign on behalf of minors under the age of 18.
H. OTHER SERVICES, RULES, EMERGENCIES.
1.
Rules. Horse Owner has received and reviewed a copy of the Stable’s rules
prior to execution of this Agreement. An extra copy is attached. Stable
reserves the right to amend its rules with thirty (30) days advance notice to
Horse Owner. Horse Owner agrees to strictly abide by the follow Stable’s
rules. Also, if Horse Owner discovers any defects in around Stable, Horse
Owner agrees to notify Stable immediately.
2. Emergencies. In the event that Stable determines that Horse Owner’s
horse(s) have become injured or ill, Horse Owner shall be notified as soon as
possible at the telephone numbers specified in this Agreement. However, if
Horse Owner is unable to be reached or does not immediately inform Stable
regarding measures to be taken, or if the horse(s)’s health requires
emergency action, the right to contact a veterinarian or to furnish other
advisable attention is within Stable’s discretion, and Stable shall, under
these circumstances, act as Horse Owner’s agent to procure medical
attention but not for payment of fees. Horse Owner is solely responsible
for payment of fees.
3. Inoculation Program. Horse Owner also agrees to participate in any horse
inoculation programs against equine epidemics, viruses, or other illnesses
(including, but not limited to, Potomac Fever, Rhino, influenza) if Stable
deems the program necessary for the general well being and safety of all
horses maintained at Stable. Horse Owner agrees to pay for the cost of any
such inoculations administered to his or her horse(s) by a veterinarian
pursuant to such program.
4. De-Worming Program. By signing this agreement, Horse Owner authorizes
Stable to de-worm Horse Owner’s horse(s) every 3 months using a
commercially available paste de-wormer recommended by Stable’s
veterinarian. Horse Owner agrees to pay for the cost of the wormer.
5. Insurance. Stable suggests that Owner purchase, at Owner’s sole expense, a
policy of liability insurance designed to protect Owner applicable to the
actions and behavior of Owner’s horse(s) at any location.
I. TERMINATION OF AGREEMENT
1.
By Horse Owner. Upon thirty (30) days written notice to Stable, Horse
Owner may terminate this agreement for any reason. Horse Owner agrees
to pay Stable all fees and expenses incurred up to the termination date and
until the horse(s) are removed from the Stable’s custody and control.
2. By Stable. Stable reserves the right to refuse to continue boarding Horse
Owner’s horse(s) for any reason. In such event, Stable shall give Horse
Owner thirty (30) days notice to remove horse(s) from Stable. Despite this,
however, if Stable determines that Horse Owner’s horse(s), or either of
them, present dangerous or destructive propensities, then Stable shall have
the right, in its sole discretion, to terminate this agreement with five (5)
day’s notice to Horse Owner. After Horse Owner has paid all fees in full,
Horse Owner’s obligations to stable under this Agreement shall be
concluded.
3. Survival of Release, Waiver, and Indemnification. It is mutually understood
and agreed that the other provisions of this Agreement, including but not
limited to the waiver, release of liability, and indemnification provisions set
for the above and contained in Stable’s other contracts signed by Horse
Owner (including the Waiver and Liability Release Agreement) shall survive
the termination of this Agreement, regardless of who terminates, and shall
remain valid and binding at all times in the future.
J. LIEN FOR CHARGES. Horse Owner hereby grants Stables a possessory lien
against the horse(s) of Horse Owner for the value of any unpaid boarding or other
charges due to Stable under this Agreement. Horse Owner agrees that in the event
that the specified boarding fees and charges are not fully paid when due, Stable
shall be permitted to exercise its lien rights, and, in connection with these rights, to
sell horse(s) in the manner permitted by Michigan Rev.Code or other applicable
Michigan law. Horse Owner agrees to reimburse Stable for the costs of any such
sale, including consignment fees, hauling, stabling, attorney’s fees, and other
charges.
K. MISCELLANEOUS PROVISIONS.
1. Horse Owner represents that all information provided herein is true and
accurate.
2. This Agreement shall be binding on, and inure to the benefit of, Stable and
Horse Owner, and their respective heirs, representatives, successors and
assigns, employees, agents or representatives.
3. Modifications are only binding if in writing and signed by Stable and Horse
Owner.
4. Michigan law shall govern this Agreement. If any provision is found invalid
or unenforceable, the remainder shall stay valid, binding, and enforceable at
all times now and in the future.
5. Horse Owner cannot assign the Agreement to anyone without Stable’s prior
written permission.
6. This Agreement (and Stable’s Waiver, Liability Release, and Indemnification
Agreement and other stable-generated documentation) contains the entire
agreement between Horse Owner and Stable with respect to its subject
matter and incorporates and integrated all previous promises or
understandings between horse Owner and Stable with respect to the
subject matter.
7. Horse Owner and Stable acknowledge that they have read this Agreement,
understand it, they are signing it as their free act and deed without coercion
by anyone, and they agree to be fully bound by its terms.
THE UNDERSIGNED HAVE READ AND UNDERSTAND THIS BOARDING
CONTRACT, WAIVER, LIABILITY RELEASE, AND AGREE TO BE FULLY
BOUND BY ITS TERM AND INDEMNIFICATION AGREEMENT (ALL THREE
PAGES),
Horse Owners or Horse Owner’s Parent/Guardian
By: _______________________ By: ________________________
Amy Scheick Gasaway
Print Name: ________________ Print Name: _________________
Date of Signature___________ Date of Signature: ____________