Horse Head Quarters, LLC

Horse Head Quarters, LLC Agreement for Boarding Services and Other Equine ActivitiesHorse Head Quarters, LLC, (“Stable”) located 11431 Old Snohomish-Monroe Road, Snohomish, WA 98290, Telephone 425.329.9518, enters into this Agreement with the undersigned individuals, as owners, lessors, lessees or client (“Client”) for boarding one or more horses (“Horse” or “Horses”)Name of Client: Day Phone: Address: Night Phone: Pager/Cell: Alternate Emergency Phone: Authorized handlers and/or riders: 1. 2. 3. Spouse or Emergency Contact: _ E-Mail Address:Name of Owner: ______Owner’s Phone: ______1. Horses. Client represents it is the owner, lessee or user of the following horse(s), the condition of which is warranted as described below. Any foals brought in with the horse, or in gestation or born during the boarding, shall be for all purposes, included within the herm “horse” as used herein: Name of Horse: Nickname: Registration Number: Sex: Date of Birth: Breed Color, markings, scars, and normal swelling __________________Horse’s vices, conditions, habits ______Page 1 of 7 Client Initials: ______Revised May 2008 Horse Head Quarters, LLC Agreement for Boarding Services and Other Equine ActivitiesVet Name: Phone: Alternate Vet: Phone: Farrier Name: Phone: Insurance Carrier: ______Phone: Policy No. Initial 2. Term. This agreement becomes effective on ______, 20______, and shall run on a month-to-month basis, commencing on the 1st day of each month. Client may not assign this Agreement unless the Stable agrees in writing. 3. Boarding and License to Use of Premises. a. Full Care Boarding of Horses. Client hereby agrees to board a Horse or Horses and Stable agrees to allow such boarding on the terms and conditions of this Agreement and on the terms and conditions of any Barn and Stable Policies and Regulations in effect from time to time. Full care services shall include, for each Horse boarded, a stall, morning and evening standard feeding and watering seven days per week, turnout up to seven days per week, stall cleaning 7 days a week, and individual tack/storage locker on a space-available basis. Turnout may not occur on days when the manager deems conditions unacceptable or when the manager is unavailable. Turnout will be shorter during the winter months, and longer during summer months. b. Feed. Stable provides up to 3 flakes per day of good quality hay, plus provide 1 pound LMF Super Supplement (or similar dependant on availability). If a custom feed program is required, Client is responsible for purchasing and setting up custom feed; Stable will provide the set-up custom-feed to horse at no additional charge. c. Client Responsibility. Client responsibility includes for each Horse boarded: Maintaining health of each horse, including periodic farrier service, immunization and worming, dental service, and vet check. Client responsibility includes exercise, salt block, and cleaning and overall health of the horse. Client is also responsible for ensuring compliance with all Barn Policies and Regulations, a copy of which is included with this document. d. Trailer. With the prior consent of Stables, Client may park a trailer on Stables property free of charge. Client understands that you “park at own risk”. Barn is not responsible for any vehicles left by client. See Barn Policies and Regulations under “Trailer”. The trailer owned by Client that may be parked at Stables property is the following make and model: ______4. Payments for Services. Client shall pay for the services and license granted or to be granted hereunder, as follows:Page 2 of 7 Client Initials: ______Revised May 2008 Horse Head Quarters, LLC Agreement for Boarding Services and Other Equine Activities a. Boarding and Fee Schedule. The fee for boarding and related goods and services shall be $______per month or shall be pro-rated for partial months. Stable may, at Stable’s option, increase the monthly fee upon thirty days notice to Client. Fees shall be payable in advance on the first day of the month. Fees are earned on the first day of the month and there shall be no refund for early removal from the Stable property of the Horse or Horses in any month for which rental is due. All payments may be mailed, placed in the mailbox in the barn, or given to the Stable owner. b. Deposit to Hold Stall. As earnest money, Stable acknowledges receipt of $______as deposit to be applied to the boarding of the Horse or Horses. No stalls will be held without a deposit.5. Default in Boarding Fees. Should Stable not receive boarding fees by the third (3rd ) day of each month, Client shall pay, in addition to the payment otherwise due, a late fee of $5.00 per day for five (5) days. Should payment (including the late fee) not be received by the eighth (8th) day of any month, Client will be in default. Upon default, all amounts due under this Agreement shall bear interest at 12% per annum. In the event of a default, Stable shall have the following remedies:(i) Stable may direct that Client’s Horse or Horses be immediately removed from the Stable property; b) Stable may commence action for money due;(i) Stable may direct that property of the Client be subject to the security interest created herein, and shall be delivered to Stable’s possession; (ii) Stable may foreclose its security interest granted hereunder as permitted by law or foreclose its Agister’s lien which arises under RCW 60.56.6. Health and care of Horses. a. General Health of Horses. All Horses shall be in good health and free from diseases before being brought to Stable property and while at Stable property. Stable reserves the right, in Stable’s exclusive discretion, to refuse to allow any Horse to be brought to Stable property or to remain at Stable property if, in Stable’s exclusive discretion, the Horse is not in good health or free from diseases. b. Worming of Horses. All Horses shall be wormed within two months prior to entering the facility and shall be placed on the worming schedule while at the Stable property. Horses while at the Stable will be wormed every two (2) months either by owner or by Stable at owner’s expense. Owners, who wish to worm their own horse, please provide documentation to Stable regarding date and type of worming. Failure to worm the Horse or Horses on the worming schedule will result in Stable worming the Horse at the Client’s expense. Client shall maintain a regular worming schedule for his or her horse, and provide dates and proof of completed worming. c. Immunization of Horses. The immunization of all Horses is to be current before being brought to the Stable property. Client will provide proof of immunization. Such immunization shall include the following: Page 3 of 7 Client Initials: ______Revised May 2008 Horse Head Quarters, LLC Agreement for Boarding Services and Other Equine ActivitiesImmunization Pre Boarding and Maintenance ScheduleEquine viral rhinopheumontis in the month previous to being brought to the Stable property and on Barn Schedule thereafter (twice a year).Influenza in the month previous to being brought to the Stable property and on Barn Schedule thereafter (twice a year)Tetanus within the year prior to being brought to the Stable property and annually thereafter West Nile Virus within the year prior to being brought to the Stable property and annually thereafter (subject to change depending on the arrival of virus in area). Strangles within the year prior to being brought to the Stable property and annually thereafter (subject to change depending on the arrival of virus in area). d. Farrier, Veterinary and Other Medical Services. Client will pay all costs and charges of farriers, veterinarians and other medical services that may be incurred for the horse while on Stable premises or in its care or in transportation, whether or not the services were incurred at the direction of Stable, as agent for Client. If for any reason Stable should pay for such services, Client shall immediately reimburse Stable. In the event that the horse shall, in the judgment of Stable staff, require the services of a veterinarian, Stable is hereby authorized, as agent for Client, to call any veterinarian of Stable choice, which Client will pay, or reimburse Stable therefore. This Agreement does not obligate Horse Head Quarters to order or provide veterinary services, not does Stable maintain a veterinarian on its staff. Accordingly, Stable has not duty to render any treatment or to call a veterinarian. In the event that veterinary treatment is obtained for Client’s horse, Stable shall not be responsible for any consequences of any such aid or treatment or lack thereof. e. Failure of Client to Follow Care Policies. If Client fails to follow any of the requirements of this document, and/or any of the Barn Policies and Regulations, Stable may require the removal of any Horse or Horses that are not being cared for as required. Such request shall be honored by Client within seven days of the request, unless Horse or Horses present(s) an immediate danger to other Horses at the Stable property, in which case Client shall immediately remove the Horse or Horses upon the request of Stable. If the horse is not removed from Stable premises within seven days, boarding fees will increase at a rate of Twenty ($20.00) dollars per day until such time as the horse is removed from Stable premises.7. Horse Training and Demeanor. The Horse must be able to be haltered and led, and must not be ill mannered or dangerous. If Stable, in its exclusive discretion, finds the Horse undesirable in temperament, Stable may, in its exclusive discretion, charge an additional amount for boarding under this Agreement or require that the Horse be Page 4 of 7 Client Initials: ______Revised May 2008 Horse Head Quarters, LLC Agreement for Boarding Services and Other Equine Activities removed from the Stable property. Client shall remove the Horse upon such request within seven days of the request. If the horse is not removed from Stable premises within seven days, boarding fees will increase at a rate of Twenty ($20.00) dollars per day until such time as the horse is removed from Stable premises. 8. Turnout of Horses. Client understands, that if Client’s horse is turned out by the stable in communal paddocks or pastures, horses which are confined together naturally seek and establish pecking order that is demonstrated by and achieved by biting, kicking and chasing. A consequence of this action is that a horse may be injured or die. All reasonable precautions will be taken to ensure the safety of the horse, but injuries can and do happen and Client assumes the risk of having Client’s Horse or Horses turned out. If Client requests his or her horse not be turned out Stable shall charge an additional fee of $15.00 per day to cover increased cost associated with additional stall cleaning. Pasture turnout will be determined by weather and conditions, based on Stable's goals of responsible pasture management, as detailed in Barn Policies and Regulations. 9. Supervision. Client agrees and understands that there will be occasional periods of time when Stable owners and barn managers are not on the Stable property and, as a consequence, horses will be unsupervised in their stall, paddock, or turnout. Client assumes the risk of having Client’s Horse or Horses unsupervised.10. Premises. Client acknowledges that he/she has inspected the premises and has determined them to be safe and acknowledges that Client’s presence, and his/her invitee or guests’ presence at any time on Stable premises is at their own risk. Client further acknowledges that no warranties or representations as to the condition of the premises have been made and Client agrees to adhere to all Rules and Regulations of Stable and agrees to ensure that any of his/her invitees or guests are aware of and comply with such policies and all signs posted at the Stable facility.11. Grant of Security Interest-Agister’s Lien. ANIMALS BOARDED ON THESE PREMISES ARE SUBJECT TO THE AGISTER’S LAWS OF THE STATE OF WASHINGTON AND THE OWNER OF THESE PREMISES MAY UTILIZE THESE LAWS TO ENFORCE THE AGISTER’S LIEN AND TO ENFORCE PAYMENT. In addition to the statutory rights available to the Stable under the Agister’s Lien (Chapter 60.56 RCW), Client grants a security interest to Horse Head Quarters, LLC in all of Client’s interest in the horse, tack, vehicles, trailers, equipment, and proceeds thereof, for which stabling services or storage have been provided on the property by Stable, and further agrees that a photocopy of this Agreement shall constitute a security agreement and financing statement under the Uniform Commercial Code, RCW 62A, Article 9A, all rights of which shall benefit Stable, and that possession of such horse and personal property shall constitute a pledge and promissory interest perfected thereby. The security interest is granted to secure Client’s performance and payment promised herein. Horses boarded on these premises are subject to the Agister’s laws of the State of Washington and the Stable may utilize these laws to enforce the Agister’s Lien and to enforce payment.12. Risk of Loss. While Client’s Horse or Horses is(are) boarded at Stable, Stable shall not be liable for any sickness, disease, theft, death or injury suffered by the Horse or any other cause of action arising from or connected to the boarding of this Horse. The Client assumes all such risks.Page 5 of 7 Client Initials: ______Revised May 2008 Horse Head Quarters, LLC Agreement for Boarding Services and Other Equine Activities13. Release. Client individually, and on behalf of its wards, charges, children, family, visitors, agents (hereinafter “Releasers”) accepts responsibility for all bodily and property damages, injuries, loss of life caused by or to the Releasers and animals of the Releasers while in the care, custody and control of Client or Stable, or located at the Stable; and releases and holds harmless Stable, its employees, officers, shareholders, owners and agents and owners of the real property thereof, from any and all damages and liabilities, for which Client agrees to maintain adequate accidental medical, liability and property damage insurance.14. Hold Harmless, Indemnity, Waiver, Pledge, Insurance. Client agrees to hold harmless and indemnify (including for the indemnity’s attorneys’ fees and costs) the Stable, its owners, agents, employees, officers, shareholders, issuers and others including owner of the Stable property for bodily and property damage, injuries, and/or loss of life of people or animals arising out of the action and conduct of the Horse and activities and or negligence of the Client, Client’s Horses, children, wards, family members and guests (whether in an individual capacity or in a representative capacity), and further waives and releases subrogation claims of all medical, and convalescent care, cost of support; and, as security for this hold harmless and indemnify Releaser grants and pledges a security interest in all money and proceeds from testate or intestate succession, which Releaser agrees not to relinquish or disclaim. Stable has limited Care/Custody/Control insurance. It is recommended that if Client's horse is valued above Three Thousand ($3,000) Dollars, Client obtain a policy of insurance covering Client's horse.15. Riding Horses at or from Stable. Only individuals who have signed the Hold Harmless Agreement will be allowed to ride a horse at Stable. Should the Client cause or allow any person to interact or have contact with their Horse while at Stable, the entire liability for damage or injury shall be that of the Client.16. Tack-Storage/Horse Vehicles. Stable is not responsible for lost or stolen items. Tack Storage will be provided on a space-available basis. Trailers left at the Stable shall be at the risk of the Client. See Barn Policies and Regulations for requirements on tack storage, and parking and cleaning of trailers. It is suggested that Client contact their insurance agent regarding personal homeowners/renters insurance coverage of both tack and trailer.17. Attorneys’ Fees. The prevailing party shall be entitled to an award of attorneys’ fees by a court in any proceeding to enforce or defend their respective rights under this Agreement.18. Termination. Either party shall have the right to terminate this Agreement without cause, by giving thirty (30) days’ written notice to the other; provided, however, Stable may terminate this Agreement in the exercise of its exclusive judgment for failure of the Client to follow rules and regulations of the Stable, and/or breach or default by the Client of this Agreement.19. Removal of Horse. Client shall make arrangements with Stable prior to the horse’s removal from the premises. Client shall have paid all charges owing under this Agreement before the horse may be removed from the premises. Client is responsible for determining Page 6 of 7 Client Initials: ______Revised May 2008 Horse Head Quarters, LLC Agreement for Boarding Services and Other Equine Activities whether the horse is sufficiently healthy to be moved and for obtaining necessary blood tests, vaccinations, and health certificates.20. Leased Horse Addendum. If Client is the lessee of a horse boarded at the Stable, the stabling for which the owner/lessor has elected not to be responsible, because that is the responsibility of the lessee, the owner of the leased horse(s) shall sign the attached Leased Horse Addendum, which once signed, shall be a part of this Agreement, whether or not physically attached.21. Barn Policies and Regulations. Client and their guests shall observe all rules, policies, and regulations posted by Stable.22. Quarantine. Stable reserves the right, at all times, to relocate any horse, within Stable, or to direct its immediate removal if, for any reason, it is reasonably determined that such horse poses a risk of communication of disease or injury or damage. Should Client learn or suspect the horse has a communicable disease, that fact immediately shall be communicated in writing to Stable.23. Lessons and Training. Client must contract separately for any training, riding instruction, exhibition or other equine activities that may be conducted at Stable. Stable does not employ trainers and is not responsible for the action, conduct, or obligation of individuals who contract to provide lessons or training to Client.24. Flood Plain. Client is advised that the barn is located on a flood plain. In the event of a flood all horses will need to be moved to Evergreen State Fairgrounds in Monroe. While every reasonable effort will be made by Stable to assist clients in moving their horses, Client is advised that responsibility of moving the horse lies with the Client not with Stable.25. Entire Agreement. This agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements between them respecting the subject matter hereof. There are no other representations, agreements, arrangements or understandings, oral or written, between the parties hereto or any of them, relating to the subject matter of this agreement. No amendment of or supplement to this Agreement shall be valid or effective unless made in writing and executed by the parties hereto.Date:______Client:______Print Name: ______Date:______Stable ______Date:______Client/ Owner Leased Horse______Page 7 of 7 Client Initials: ______Revised May 2008

Horse Head Quarters, LLC

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