Rustic Trail Stable - Boarding Agreement
This Agreement is made between Rustic Trail (referred to as "Stable") located at 4645 Rustic Trail, Milton, Florida, 32570 and ____________________ residing at _____________________, ______________________, owner (or parent of minor) of the horse described in Section 2.
1. Fees.
*(a) Payment of $ 500.00 per horse, per month, paid by Owner/Leaser on the 1st day of each month, the stable agrees to board said horse beginning __________. Owner/Leaser agrees that if monthly payment is five (5) or more days late, a ten (10) percent charge will be required, and if payment is more than ten (10) days late, Owner/Leaser is required to remove the said horse(s) immediately. (*See Variance for Reduced Board Fee)
(b) Options to the basic fee paid in the same timely fashion are available as listed below. Each additional requested service may be arranged as needed/desired by Owner. The following options can be changed at any time at the request of either Stable or Owner.
(1) Full service/stall care due to injury, illness, training requirements, or owner discretion (i.e., horse is stalled for eight or more hours per day). Additional $125 per month or $4.50 per day (partial month).
(2) Transportation, training, exercising, well-being care, and grooming. Contact stable for fee.
2. Description of the Horse.
Name: __________________ DOB: _________ Color:__________ Sex:_________ Breed:____________
3. Turn-Out/Stalling Procedures.
Said horse(s) will remain turned-out on pasture (unless boarded with stall care). A stall will be available for said horse in the event of injury, illness, or at Owner's request; thereby, the fee provisions stated in paragraph 1.(b)(1) apply. Said horse(s) may also be temporarily stalled at Stable's discretion; thereby, the fee provisions in paragraph 1.(b)(1) do not apply.
4. Standard of Care.
Stable agrees to provide normal and reasonable care to maintain the health and well being of said horse. Quality grain will be provided. Hay will be provided as needed. Stable agrees to administer feed supplements provided by Owner (if desired).
5. Risk of Loss/Hold Harmless
(a) Under Florida law, an equine activity sponsor or equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. (Fla. Stat. s 773.05 (1993))
(b) Owner agrees to hold Stable harmless from any act of ordinary negligence of Stable or any of his/her agents, contractors, or employees arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, or corporations occurring during such term of this Boarding Agreement and arising out of the use or care of said horse.
(c) Owner agrees that Stable will be held harmless in regard to said horse(s) life or health, and Owner's equipment, which is stored on premise, including but not limited to, theft, breakage, or condition.
6. Vet Care.
If medical treatment is needed, Stable will call Owner. In the event owner is not reached, Stable has the authority to secure veterinary and/or farrier care. However, Stable has no responsibility to pay for such care. Owner is responsible to pay all costs relating to this care. Stable is authorized to arrange billing to the Owner.
7. Worming.
Stable agrees to administer routine worm medication consistent with recognized standards. Stable will administer worming medication at no additional cost to Owner.
8. Farrier.
Stable agrees to implement a hoof care program. Owner's horse is obligated to participate in the Stables farrier care program and pay all expenses of farrier services. Such fee may be submitted directly to the farrier on the day of services; or, shall be paid to Stable. Farrier bill shall be paid to stable no later than the month following services.
9. Ownership - Coggins Test.
Owner warrants that he/she owns the horse and will provide proof of a negative Coggins test prior to the time of delivery. Owner agrees to have an annual Coggins test performed on said horse and is responsible to pay all costs relating to this service.
10. Payment for Well-Being Services.
Owner warrants that he/she will authorize Stable to provide 'well-being' care to Said Horse in the event Owner is not able to provide adequate care. Owner shall pay Stable for services that were provided to ensure well-being. Examples of Well-Being Care include: Grooming matted horses, hosing off several days of accumulated sweat/salts, applying needed medications to coat, caring for wounds/injuries, hand walking ill horse, providing needed medications, blanketing due to illness, or temporarily stalling an ill/injured horse. Owner will reimburse Stable for these services.
11. Lessons/Activities
Owner may authorize Stable to use Said Horse in the Stable Lesson/Activities Programs for a reduced board. Stable will only use Said Horse 3 or 4 days each week and only for scheduled lessons and stable activities. Owner will not be able to use Said Horse during Stable-Scheduled Lessons and Activities or interfere with their use during Stable operations.
12. Owner Operated/Managed Leases.
Owner may not lease Said Horse to third parties without Stable approval.
13. Stable Operated Leases.
Owner may authorize Stable to manage a lease for Said Horse. Owner will receive a discount board for day(s) that Said Horse is leased to a third party via a Stable-Operated Lease Program. Said horse will not be leased without Owner approval. Owner may select the days the Said Horse is to be leased. Owner may discontinue the Stable-Operated lease program with two weeks notice. Third party is not liable to Owner in any manner.
14. Termination.
Either party may terminate this Agreement. In the event of a default, the wronged party has the right to recover attorneys' fees and court costs, resulting from this failure of either party to meet a material term of this Agreement.
15. Notice.
Owner and/or Stable agree to give thirty (30) days notice to terminate this Agreement.
16. Right of Lien/Indebtedness to Stable.
Stable has the right of lien as set forth in the law of the State of Florida for the amount due for board and additional agreed upon services and shall have the right, without process of law, to retain said horse(s) until the indebtedness is satisfactorily paid in full. Stable reserves the right to either sell or assume ownership of said horse(s) if indebtedness to stable exceeds $1,000.
17. Governing Law.
This Agreement is subject to the laws of the State of Florida. Any legal action must be taken in Santa Rosa County, Florida.
18. Entire Agreement.
This constitutes the entire Agreement between the parties. Any modifications or additions MUST be in writing and signed by all parties to this Agreement. No oral modifications or additions will be considered to be part of this Agreement unless reduced to writing and signed by all parties.
STABLE:
Signed by: ____________________________ Date:___________________
4645 Rustic Trail, Milton, FL 32570 Phone: 850-626-7760
OWNER:
Signed by:_________________________________ Date:____________ Phone:_____________________
*Variance to Board Fees
Boarding Fee $225/month when owner's horse is used by stable 3 or 4 days/week for scheduled lessons or activities.
Board Fee $325/month when owner's horse is used by stable 1 or 2 days/week for scheduled lessons or activities.
Board Reduced $25/month/day when horse is leased to third party by stable-operated lease.
Riders participating in weekly riding program at Stable may qualify for $100/mo discount.