WITNESS
THIS AGREEMENT this _____ day of ____________,20___,
by and between
Painted Oaks Retired Horse Boarding LLC, hereinafter
referred to as "Stable," and
_______________________ address to be recorded at__________________________
______________________________________________________________________
(Telephone (______) ______- _________(Home), hereinafter
referred to as "Owner."
1.Fees, Term, and Location. Owner acknowledges
and accepts those terms set forth in the fee schedule,
attached hereto, applicable on the date above as issued
by Stable, whether said fees be daily, weekly, or monthly.
Payment shall be issued in accordance with that fee
schedule on a timely basis. Any charges not paid in
a timely manner shall be subject to charges set forth
in the fee schedule. In the event the subject animal
is removed from the premises for any reason and returned,
this agreement shall be deemed reinstated at fees applicable
at the time of said return. Stable reserves the right
to notify Owner within fifteen (15) days of the horse's
arrival if the horse, in Stable's opinion is deemed
to be dangerous or undesirable for Stable's establishment.
In such case, Owner shall be solely responsible for
removing the horse within seven (7) days of said notice
and for all fees incurred during the horse's presence
upon the premises. This Contract shall be deemed terminated
and concluded upon the payment of all fees.
The
boarding fee of $ (refer to the attached Fee Schedule)
is due upon the first day of the month. A late fee
of $5.00 per day shall be charged and become due
by owner if monthly boarding fee is not received as
outlined above. In the event said payment is overdue
by ten (10) days, Stable shall be entitled to exert
a lien against said horse, and the property upon the
premises as more further described below, for any amounts
due, and shall be entitled to enforce said lien and
foreclose its interest against said horse and/or equipment
for the amount due in accordance with the laws of the
State of Virginia.
Your
first month's boarding fee is due and payable upon the
signing and delivery of this Contract.
2.
Description of Horse(s) to be Boarded. Owner agrees
to submit a fully completed Owner Information Sheet
for each horse boarded upon execution of this agreement.
Owner agrees to submit copies of any and all registration
papers on horse/s that establishes proper ownership
of horse/s. The terms and conditions set forth herein
shall be applicable to each and every animal boarded
by Owner.
3.
Feed, Facilities, and Services. Stable agrees to
provide adequate feed and facilities for normal and
reasonable care required to maintain the health and
well being of the animals. If applicable, Owner acknowledges
Owner has inspected the facilities and finds same in
safe and proper order. The standard services to be provided
herein and the charges therefore are indicated in the
attached Fee Schedule and are subject to change at Stable's
discretion.
4.
Risk of Loss. During the time that the horse (s)
is/are in the custody of Stable, Stable shall not be
liable for any sickness, disease, estray, theft, death
or injury which may be suffered by the horse. This includes,
but is not limited to, any personal injury or disability
the horse may receive while on Stabless premises.
The Owner fully understands that Stable does not carry
any insurance on any horse(s) not owned by it for boarding
or for any other purposes, whether public liability,
accidental injury, theft or equine mortality insurance,
and that all risks connected with boarding or for any
other reason for which the horse(s) in the possession
of, and on the premises of Stable are to be borne by
the Owner. Stable strongly recommends equine mortality
insurance be obtained applicable to the subject horse(s)
by Owner.
5.
Hold Harmless. Owner agrees to hold Stable harmless
from any claim resulting from damage or injury caused
by said horse, Owner or his guests and invitees, to
anyone, including but not limited to legal fees and/or
expenses incurred by Stable in defense of such claims.
6.
Emergency Care. Stable agrees to attempt to contact
Owner should Stable feel that medical treatment is needed
for said horse(s), but, if Stable is unable to contact
Owner, Stable is then authorized to secure emergency
veterinary, and farrier care required for the health
and well-being of said horse(s). All costs of such care
incurred shall be paid by Owner within fifteen (15)
days from the date Owner receives notice thereof, or
Stable is authorized, as Owner's agent, to arrange direct
billing to Owner.
STABLE
SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF RECOMMENDED
BY A VETERINARIAN IN THE EVENT OF COLIC, OR OTHER LIFE-THREATENING
ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR ON OWNER'S
INFORMATION SHEETS, BY OWNER THAT THE HORSE (S) IS/ARE
NOT SURGICAL CANDIDATES.
Owner
agrees to notify Stable of any and all change of addresses,
emergency telephone numbers, itineraries or other information
reasonably necessary to contact Owner in the event of
an emergency. In the event Owner departs for vacation
or is otherwise unavailable, prior to departure Owner
shall notify Stable as to what party is authorized to
make decisions in the Owner's place with regard to the
health, well-being, and/or medical treatment of the
horse(s).
7.
Limitation of Actions. Any action or claim brought
by Owner against Stable for breach of this Contract
must be brought within one (1) year of the date such
claim or loss occurs.
8.
Shoeing, Worming and Vaccinations. Stable agrees
to pay for routine trims as required. Stable agrees
to have the horse(s) wormed and vaccinated on a regular
schedule at Stables expense. Owner agrees to provide
the necessary shoeing and other non-routine services
for the horse(s) as is reasonably necessary, at Owner's
expense. Owner agrees to provide Stable with all health
records with regard to the horse(s).
9.
Ownership-Coggins Test. Owner warrants that he owns
the horse(s) and will provide proof satisfactory to
Stable of the negative Coggins test upon signing of
this agreement.
10.
Changes or Termination of This Agreement. It is
agreed by the parties that this Agreement may be changed
or terminated upon Sixty (60) days notice, regardless
of the boarding period. All notices must be issued in
writing unless otherwise agreed upon by the parties.
11.
Right of Lien. The Owner is put on notice that Stable
has a right of lien as set forth in the laws of this
state, for the amount due for the board and keep of
such horse(s), and also for storage and services, and
shall have the right, without process of law, to retain
said horse(s) until the amount of said indebtedness
is discharged. However, Stable will not be obligated
to retain and/or maintain the horse(s) in question in
the event the amount of the bill exceeds the anticipated
unregistered value of the horse(s). In the event Stable
exercises Stable's lien rights as above-described for
non-payment, this Agreement shall constitute a Bill
of Sale and authorization to process transfer applications
from any breed registration as may be applicable to
said horse(s) upon affidavit by Stable's representatives
setting forth the material facts of the default and
foreclosure as well as Stable's compliance with foreclosure
procedures as required by law. In the event collection
of this account is turned over to an attorney, Owner
agrees to pay all attorney's fees, costs, and other
related expenses for which a minimum charge of $2,500.00
will be assessed.
12.
Entire Agreement. This contract represents the entire
agreement between the parties. No other agreements,
promises, or representations, verbal or implied, are
included herein unless specifically stated in this written
agreement. This contract is made and entered into in
the State of VA, and shall be enforced and interpreted
in accordance with the laws of said State.
13.
Enforceability of Contract. In the event one or
more parts of this contract are found to be unenforceable
or illegal, the other portions hereof shall be deemed
in full force and effect.
By
:
(Owner)
(Stable)
Painted Oaks Retired Horse Boarding LLC
FEE
SCHEDULE
Painted
Oaks Boarding
is devoted to retired horses, lay ups, and performance
horses in the off-season. Painted Oaks Retirement Horse
Boarding accept any horse from all disciplines - pleasure,
companion, racing, polo, dressage, barrel racers, or
steeplechase. Painted Oaks offer convenient and affordable
layover horse boarding in Virginia. If space permits,
we accept over-night layovers for those traveling in
the Virginia area with their horses.
Monthly board of $450 includes the following:
**
Pictures taken upon arrival and emailed to you
**Regular updates including pictures
**24-hour turnout with compatible groups
**Daily affection & treats
**Free choice grass and/or hay
**Triple Crown Senior Formula (or other Senior formula
as requested)
**Blanketing if requested (blanket provided by owner)
**Fly masks in summer (fly masks provided by Painted
Oaks)
**Fly Spray as needed in summer (fly spray provided
by Painted Oaks
**Maintenance medications and supplements fed daily
(provided by owner)
**De-worming 6 times per year (Wormer costs covered
in monthly board fee).
**Hooves trimmed 6 times per year (Farrier costs covered
in monthly board fee).
**Annual vaccinations (costs covered in monthly board
fee if horse has been boarded for 6 or more months.).
NOTE: Vaccinations requested by owner which are not
required for our area will be at owners expense. (Contact
Painted Oaks for list of standard vaccinations included
in board fee)
**Annual teeth float, if required (costs included in
monthly board fee)
**Sheath cleaning as needed
**Salt/mineral block
**Grooming 2x per month
**No holding fee for regular vet and farrier visits
Monthly
board of $600 includes all of the above, plus stall
with daily turnout.
Your first month's boarding fee is due and payable
upon the signing and delivery of this Contract.