Tally Ho Farm

HORSE BOARDING AGREEMENT AND LIABILITY RELEASE (2018-2019)

 

BETWEEN THE INDIVIDUAL(S) NAMED BELOW AND

TALLY HO FARM, LLP, hereinafter known as “THIS STABLE”.

Located at 21115 Blair Rd, Conroe, Tx 77385

 

PLEASE READ CAREFULLY BEFORE SIGNING

SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY.

THIS STABLE DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR BOARDED HORSE(S).

WARNING

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AND INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVIITES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES

IT IS HEREBY AGREED TO AS FOLLOWS: THAT

A. DEFINITIONS  The Term “OWNER” shall herein refer to the owner, part-owner, or lessee of the animals which are contracted to be boarded under this Agreement.  The terms “HORSE(S)” and “ANIMAL(S)” shall herein refer to all equine species, and also to the specific animals to which this agreement refers.  The terms “BOARD” and “BOARDING” shall herein refer to the provision for compensation of daily routine husbandry, food, and physical space for animals by a party who does not generally have financial interest in the animals.  The term “RIDER” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground.  The term “I”, “ME” or “MY” shall herein refer to the OWNER(S) and the parents or legal guardians thereof if a minor.

B. AGREEMENT PURPOSE and CONSIDERATION  At the commencement of this agreement OWNER agrees to pay the sum of $595 per month for stall board and/or $475 per month for pasture board per animal, in consideration for THIS STABLE undertaking the board of the animal(s) listed under Clause C. below.  Monthly charges are to be paid in advance and are due on the 1st day of the month.  A 10% late charge will be assessed after the 5th day of the month.  Any check(s) returned for “Insufficient Funds” will be assessed a fee of $25 and a late charge unless the check is honored by the 5th day of the month.

C. DISCLOSURE OF INFORMATION ABOUT HORSES TO BE BOARDED by THIS STABLE is hereby stated as follows:

D. ACTIVITY RISK CLASSIFICATION  I UNDERSTAND THAT:  Horse back riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions.
 
E. FEE SCHEDULE FOR BOARDING SERVICES  THIS STABLE shall provide OWNER with a fee schedule for boarding services in advance of the signing of this agreement, which shall become part of this agreement.
Stall board is inclusive of twice daily feeding, daily turnout, worming program, blanketing (if provided), supplements (if provided), Fans (charged on an as needed baise), and organization of vet and farrier work if using our professionals. All stall boarded horse must be in weekly riding lessons.
 
Pasture board  is inclusive of twice daily feeding, worming program, and organization of vet and farrier work if using our professionals. All pasture boarded horse must be in weekly riding lessons.
 
F. THIS STABLE’S FEE SCHEDULE MAY CHANGE AT ANY TIME  Should such a change be required, THIS STABLE shall give OWNER no less than 30 days written notice. 
 
G. BOARDED HORSE HEALTH WARRANTY  Each horse to be boarded shall enter the premises free from transmissible diseases, and must be effectively wormed and current on immunizations for tetanus, rabies, Encephalomyelitis-Rhinopneumonitis-Influenza (EVW),  West Nile virus, and Strangles.

The following up-to-date documents must be presented to THIS STABLE by OWNER prior to the entry of horse onto THIS STABLE’S premises:  Vet. Health Certificate, Worming and Immunization Record, Negative Coggins Test.

H. THIS STABLE’S RIGHT TO REFUSE BOARD  THIS STABLE reserves the right to refuse the continuation of board of any horse(s) for any reason, to include but not limited to:  animal’s poor health or unsoundness; dangerous propensities, habits and/or vices which THIS STABLE is not equipped to handle; OWNER’S refusal to obey stable rules or to cooperate with THIS STABLE on reasonable requests relative to the management, welfare and safety of animals and people on premises; and, also in event of the discontinuation of the business of boarding horses.  In such event, THIS STABLE shall give OWNER 30 days written notice to remove boarded animal(s) from premises unless there is imminent danger to THIS STABLE’S operation wherefore the written notice requirement will not be required and the animal(s) shall be removed immediately by the OWNER upon THIS STABLE’S written and/or verbal request.  After all fees have been paid in full, this Agreement is concluded.  Failure to pay boarding fees or other charges as due shall also entitle THIS STABLE to immediately terminate this Agreement, and to keep the animal(s) in THIS STABLE’S possession until all fees and charges are paid in full.

I. ROUTINE CARE, MEDICAL RECORD RELEASE AND LESSON PROGRAM PARTICIPATION REQUIREMENTS  The boarded horse(s) must participate in THIS STABLE’S worming, immunization and teeth floating programs, the cost of which shall be borne by OWNER.  OWNER agrees to unconditionally release all medical records for the horse(s) to THIS STABLE and agrees to indemnify and hold harmless THIS STABLE and any health care provider that provides these medical records to THIS STABLE.  OWNER also agrees that one family member will participate in THIS STABLE’S lesson program.  Failure to meet these requirements shall entitle THIS STABLE to immediately terminate this Agreement, and to keep the animal(s) in THIS STABLE’S possession until all fees and charges are paid in full.

J. IN EVENT OF BOARDED HORSE ILLNESS OR INJURY  Should the horse(s) become sick or injured, THIS STABLE shall attempt to contact the OWNER immediately.  If the OWNER does not immediately inform THIS STABLE regarding measures to be taken, or if the state of the animal’s health requires immediate action, THIS STABLE is authorized to request the services of a veterinarian of its choice or to give any other attention that appears necessary.  The OWNER shall promptly pay all expenses for all services and OWNER agrees to indemnify and hold harmless THIS STABLE from any and all damages, injury, or loss of life caused by the horse(s) or to the horse(s) due to this emergency situation.

K. OWNER ACCEPTANCE OF RESPONSIBILITY, INDEMNIFICATION AND HOLD HARMLESS  OWNER has inspected THIS STABLE’S premises and/or has in some other way satisfied himself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for OWNER’S horse(s) and OWNER, OWNER’S  family guests and visitors who enter the premises.  OWNER agrees to be responsible for any and all damages, injuries, loss of life caused by or to the animal(s) while in the care, custody and control of the OWNER, OWNER’S family members, invitee or other handler or agent appointed by them, and also for any acts of the horse(s) caused by vices or dangerous behavior not disclosed to THIS STABLE by OWNER.  If OWNER maintains personal liability insurance on the boarded horse(s), OWNER agrees to provide THIS STABLE with proof of same.  OWNER is also responsible for accidents, injuries, and loss of life sustained by OWNER, OWNER’S family members, invitees, and agents caused by or in relation to the OWNER’S boarded horse(s).  OWNER agrees to at all times maintain adequate accident/medical insurance to cover OWNER and family members.  OWNER agrees to indemnify and hold harmless THIS STABLE in the event of an incident on these premises caused by the OWNER’S horse(s) per the terms stated in the following paragraph L. RELEASE OF LIABILITY

L. RELEASE OF LIABILITY  In consideration of THIS STABLE undertaking the board and related services under the terms set forth herein, I, the undersigned OWNER, do agree to hold harmless and release THIS STABLE, its owner, agents, employees, officers, directors, representatives, assigns, members, owners of premises, affiliated organizations, insurers and others acting on THIS STABLE’S behalf (hereinafter, collectively referred to as “Associates”), of all claims demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to THIS STABLE’S and/or ITS ASSOCIATES ordinary negligence; and I do further agree that except in the event of THIS STABLE’S gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against THIS STABLE and ITS ASSOCIATES as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, and injury to, or loss by death, of the boarded animal(s), and/or sustained by me and/or my minor child and/or legal ward in relation to the premises and operation of THIS STABLE, to include being near horses owned by or in the care, custody and control of THIS STABLE, whether on or off the premises of THIS STABLE.

 M. INHERENT RISKS AND NATURE OF THE HORSE WARNING  I UNDERSTAND THAT:  Horse back riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions.  No horse is a completely safe horse.  Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human.  If a rider falls from a horse to ground, it will generally be at a distance from 3.5 to 5.5 feet, and the impact may result in injury to the rider.  Horseback riding is the only sport where one much smaller, weaker predator animal (human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other.  If a horse is frightened or provoked, it may divert from its training and act according to its natural survival instincts which may include, but are not limited to:  Stopping short; Changing directions or speed at will; Shifting its weight; Bucking, Rearing, Kicking, Biting, or Running from danger.

 N. PROTECTIVE HEADGEAR AND ATTIRE WARNING  I AGREE THAT:  I for myself and on behalf of my child and/or legal ward have been fully warned and advised by THIS STABLE that protective headgear which meets or exceeds the quality standards of the SEI CERTIFED ASTM STANDARD F 1163 Equestrian Helmet, should be purchased and worn while riding and being near horses and I do understand that the wearing of such headgear at these times may reduce severity of some of the wearer’s head injuries and possibly prevent the wearer’s death from happening as the result of a fall and other occurrences.  Horse handlers and riders should wear hard, smooth, full-soled boots or shoes that cover the ankle and have at least 1 inch heels.  Such boots or shoes provide protection for the feet in the event a horse steps on a foot, and also to assist in preventing the foot from slipping all the way through the stirrup and becoming caught while riding, mounting, dismounting, and/or other occurrences.  Horse handlers and riders should wear ankle length, flexible or moderately loose fitting pants to protect legs, and riders should also consider wearing equestrian pants, breeches, or jodhpurs, which have leather inner knee/calf patches, or chaps that provide inner leg grip and added stability in the saddle.

 O. DIRECT LOSS TO PERSONAL PROPERTY WARNING  OWNER is hereby warned that while on THIS STABLE’S premises, direct loss, damage, theft, or injury to OWNER’S horse(s), tack, equipment and trailer is not covered by THIS STABLE’S insurance.  The actual OWNER, having financial interest in such items, must carry their own personal property insurance under a homeowner’s, tenant’s or other insurance policy, or under a separate policy as in the case of the loss of a horse.

P. AGREEMENT SCOPE AND TERRITORY  This agreement shall be legally binding upon THIS STABLE and the OWNER and OWNER’S parents or legal guardians, should OWNER be a minor, when signed by both parties.  This agreement is entered into in the State of Texas, Montgomery County and will be interpreted and enforced under Texas State Law.  Any disputes by the OWNER shall be litigated in Montgomery County, Texas.  If any clause, phrase or word is in conflict with Texas State Law then that single part is null and void and the remainder shall be considered legally enforceable.

Q. LIEN AGAINST BOARDED ANIMAL  The Owner hereby grants a possessory lien against the boarded animal(s) to THIS STABLE for the value of all unpaid charges resulting from boarding and rendering any other services to the animal(s).  Services rendered include training of the horse inclusive of riding lessons, farrier, veterinarian, dental care and other miscellaneous services provided for the animal(s)’s benefit.  Should such charges go unpaid, THIS STABLE shall be entitled to exercise the right to enforce said lien according to Texas State Law.

R. COMMISSION ON SALE OR PURCHASE  Upon the sale and or purchase of the horse(s) a 10% commission payable to THIS STABLE will be due.  A 5% commission payable to THIS STABLE will be due if the horse(s) is sold to another client of THIS STABLE.  If purchasing a horse(s) from another client of THIS STABLE and upon execution of this agreement a 5% commission will be due and payable to THIS STABLE.

S. OWNER RIGHT OF TERMINATION  Upon 30 days written notice given no later than the 1st  of the month preceding the next calendar month to THIS STABLE the OWNER may terminate this Agreement for any reason.  THIS STABLE shall be paid for all fees incurred up to the termination date.  After all fees have been paid in full, this Agreement is concluded.

T. ADDITIONAL AGREEMENTS  Additional agreements should be individually initialed by each party

 

Additional Fees (Check all that Apply)
If Chosen, these will be automatically
done and applied to bill. *

All Owners and Parents or Legal Guardians must sign below after reading this entire document:

SIGNER STATEMENT OF AWARENESS

I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK.

I/WE FURTHER ATTEST THAT ALL STATED FACTS ARE TRUE AND ACCURATE.

Signature of Owner *
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