This Equine Boarding Agreement (“Boarding Agreement”) is being entered into by {{owner_name}}(Name), of {{owner_street_address}}(Street Address), {{owner_city}}(City), {{owner_state}}(State) {{owner_zip_code}}(Zip Code) (“Owner”), along with {{boarder_name}}(Name), of {{boarder_street_adress}}(Street Address), {{boarder_city}}(City), {{boarder_state}}(State) {{boarder_zip_code}} (Zip Code) (“Boarder”), (collectively “Managers”), and SAS Farms, LLC, doing business as Shenanigans Stables (“Shenanigans Stables”), located at 7310 Abbey Road North-East, Carrollton, Ohio 44615.
- Term
- This Boarding Agreement shall be effective from {{start_date}}* until terminated by either party or as otherwise stated below.
- The term of this Boarding Agreement shall be for {{duration}} months, commencing on the date set forth above, and shall renew automatically for successive periods of the same length thereafter, unless canceled by any party with written notice at least 30 days before renewal date.
- Managers’ Contact Information
- Owner
- (Name)* {{contact_info_owners_name}}
- (Address)* {{contact_info_owners_address_line_1}}
- {{contact_info_owners_address_line_2}}
- (Home phone) {{contact_info_owners_home_phone}}
- (Cell phone)* {{contact_info_owners_cell_phone}}
- (Email) {{contact_info_owners_email}}
- Boarder
- (Name)* {{contact_info_boarders_name}}
- (Address)* {{contact_info_boarders_address_line_1}}
- {{contact_info_boarders_address_line_2}}
- (Home phone) {{contact_info_boarders_home_phone}}
- (Cell phone)* {{contact_info_boarders_cell_phone}}
- (Email) {{contact_info_boarders_email}}
- Identification of Horse(s)
Managers’ horse(s) (“Horse(s)”) to be housed by Shenanigans Stables are as follows:- (registered name)* {{registered_name_horse_1}}
- (barn name)* {{barn_name_horse_1}}
- (breed)* {{breed_horse_1}}
- (sex)* {{sex_horse_1}}
- (age)* {{age_horse_1}}
- (registered name) {{registered_name_horse_2}}
- (barn name) {{barn_name_horse_2}}
- (breed) {{breed_horse_2}}
- (sex) {{sex_horse_2}}
- (age) {{age_horse_2}}
- (registered name) {{registered_name_horse_3}}
- (barn name) {{barn_name_horse_3}}
- (breed) {{breed_horse_3}}
- (sex) {{sex_horse_3}}
- (age) {{age_horse_3}}
- Ownership of / Authority over Horse(s)
Owner represents and warrants that they are the owner of record of Horse(s) listed above, and Boarder represents and warrants that they have express authority of Owner to manage or otherwise control Horse(s). Managers represent and warrant that they have the authority and legal right to enter into this Boarding Agreement and to house Horse(s) with Shenanigans Stables. Managers agree to be fully bound by the terms of this Boarding Agreement and liable for all sums hereunder, as well as all liabilities that could arise as a result of boarding Horse(s).
- Boarding Fee
PREMIER BARN- Full Care Board: $500.00 per month
Boarding Fee is due on the date of arrival, and each month thereafter on the same respective date. Payment received five days after due date is subject to a $25.00 late fee, plus $5.00 in late fees for each additional day thereafter on which Boarding Fee, plus accrued late fees, remain unpaid. There will be a $30.00 charge for returned checks. - Shenanigans Stable’s Services
- Shenanigans Stables agrees to provide a stall for each Horse. This stall shall be mucked daily and bedded back as needed.
- Horse(s) will be provided with turn-out time at Managers’ request.
- Horse(s) will be fed age-appropriate feeds (up to 6 pounds daily). All supplements and specialty feeds are responsibility of Managers.
- Horse(s) will be fed a first and/or second cut mixed hay every feeding as needed.
- Shenanigans Stables shall have the right to use reasonable and customary restraints and training implements to move Horse(s) should they be necessary.
- Shenanigans Stables shall have the right to modify this service as necessary for the safety of Horse(s), other horses, the property of Shenanigans Stables, and/or persons if necessary. For example, should Horse(s) refuse to move or becomes a danger to itself or other horses or persons, Shenanigans Stables need not muck Horse(s)’s stall or provide turn-out time. Should such modification be required, Shenanigans Stables will alert Managers as soon as safely possible.
- Horse(s)’ Physical Condition / Special Care
To the best knowledge of Managers, Horse(s) is currently sound, disease-free, and in good condition, and not in need of any special care unless stated below.
Exceptions:
{{exceptions}}. - Horse(s)’s Behavior
Managers states that the Horse(s) exhibits the following notable behavioral traits:
{{behavior}}. - Veterinary Care
- Managers agree and understand that it is the Managers’ responsibility to provide Horse(s) with proper veterinary care and veterinary services. Managers understand that if Horse(s) is or appears sick or injured, Shenanigans Stables will first try to contact Boarder, then Owner, before taking any action. If Managers are unavailable, or Horse(s) has an emergency, Managers give Shenanigans Stables permission to call Managers’ veterinarian, {{vetrerinary_clinic_name}}(clinic), at {{vetrerinary_clinic_number}}(phone number). If Managers’ veterinarian is unavailable, Managers authorize Shenanigans Stables to call its veterinarian, Carrollton Animal Hospital, and that Mangers will be fully responsible for all veterinarian charges or other costs so incurred.
- Managers agree that Managers will keep Horse(s) current on all customary worming and vaccinations, including, but not limited, to Rabies, TET, West Nile, EHV-1 EHV-4 Flu Rhino, and East and Western Equine Encephalomyelitis. Horse(s) may be subject to a McMaster Fecal performed by a local veterinarian.
- Farrier Care
Managers agree and understand that it is their responsibility to provide Horse(s) with proper hoof care and farrier services. Managers’ farrier is {{farrier_name}}(name), at {{farrier_number}}(phone) and {{farrier_email}}(email). Managers’ farrier shall have access to Shenanigans Stables and Horse(s) during hours of visitation, which are {{farrier_hours_of_visitation}}. If Managers farrier is unavailable and Mangers’ Horse(s) is in need of farrier services, Managers authorizes Shenanigans Stables to call its farrier, and that Managers will be fully responsible for all farrier charges and costs so incurred.
- Trainer
Horse(s)’ trainer is {{trainer_name}}(Name), at {{trainer_number}}(Phone number). Horse(s)’ trainer shall have access to Shenanigans Stables and Horse(s) during hours of visitation, which are {{trainer_hours_of_visitation}}. Trainers not associated with Shenanigans Stables are required to provide a proof of insurance coverage.
In addition to Horse(s)’ trainer, Shenanigans Stables’ trainer has the right to train Horse(s) in the best interest of the Horse(s), unless told not to by Mangers or Horse(s)’ trainer. If Managers want additional specific training, they must enter into an agreement for such with Shenanigans Stables’ trainer or provide their own.
- Prohibited Activities
Neither Managers, nor their assigns, including Horse(s)’ trainer, shall feed, turn-out, walk, work, ride, saddle, or otherwise use or interact with any other horse at Shenanigans Stables without permission of Shenanigans Stables and that horse’s owner.
- Safety and Release from Liability Waivers
-
Shenanigans Stables is a business name of SAS Farms, LLC (“SAS Farms”), a limited liability company registered in the State of Ohio. SAS Farms is an agritourism destination that features equestrian activities in an imperfect environment. This means that the ground is not leveled, there may be poison ivy, bees, or other hazards, or a horse may take offense to your actions and react accordingly. By signing this Boarding Agreement, you understand and accept all risks of boarding Horse(s) on a working farm, including, but not limited to, risks from other equines.
SAS Farms is committed to your safety and to conducting all equine activities in a safe manner. SAS Farms attempts to reduce risks and insists that you follow safety rules and instructions that are designed to protect your, and Horse(s), safety; however, Managers must recognize that there is an inherent risk of injury to Managers and Horse(s) when choosing to board Horse(s) in the facility. Managers are responsible for this risk, and release SAS Farms from any liability so arising.
WARNING: Under Ohio law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if that injury or death results from the inherent risks of that agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the risk of injury inherent to land, equipment, and animals as well as the potential for you as a participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity. Managers recognize that the same warning applies to the possibility of an injury or death of Horse(s), and accept this risk of boarding Horse(s) at this facility.
Please read this Boarding Agreement carefully and be aware that by participating in equine activities at an agritourism destination, including, but not limited to, boarding Horse(s), trail riding, riding instruction, caring for equines, and/or recreational riding, you are expressly assuming the risk and legal liability, and waiving and releasing all claims for injuries, damages or loss, which you might sustain as a result of participating in any and all equine activities on SAS Farms’ premises. Managers recognize that the same risk, waiver, and release applies to the possibility of an injury or death of Horse(s), and accept this risk, waiver, and release in relation to boarding Horse(s) at this facility.
You acknowledge that, pursuant to R.C. 2305.321, by participating in equine activities, including but not limited to, boarding Horse(s), trail rides, riding instruction, caring for equines, and/or recreational rides, you are an equine activity participant. As an equine activity participant, you are subject to the inherent risk of an equine activity as defined in R.C. 2305.321 as a danger or condition that is an integral part of an equine activity, including, but not limited to, any of the following:
- The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine;
- The unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals;
- Hazards, including, but not limited to, surface or subsurface conditions;
- A collision with another equine, another animal, a person, or an object;
- The potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, as well as Horse(s), including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant.
Managers recognize that the same warning and risks apply to their Horse(s), and accept this risk of boarding Horse(s) at this facility.
By signing this Boarding Agreement, you acknowledge that the neither the Managers, nor their trainer, farrier, veterinarian, and/or Horse(s), has a claim or cause of action upon which a recovery of damages may be based against, and may not recover damages in court or other civil action against, any and all equine activity sponsors, other equine activity participants, equine professionals, veterinarians, farriers, or other persons associated with this activity, including, but not limited to, SAS Farms, its owners, officers, agents, employees, sponsors, representatives, independent contractors, successors, and assigns.
You voluntarily agree to assume the full risk of any and all injuries, damages or losses, regardless of severity, that you and/or Horse(s) and/or your assigns may sustain as a result of said participation in an equine and agritourism activity. You further agree to waive and relinquish all claims that you and/or Horse(s) and/or your assigns may have (or that may accrue to you and/or Horse(s) and/or your assigns) as a result of participating in equine activities against SAS Farms, including SAS Farms’ owners, officers, agents, employees, sponsors, representatives, independent contractors, successors, and assigns. You agree to fully release, hold harmless, and indemnify SAS Farms, its owners, officers, agents, employees, sponsors, representatives, independent contractors, successors, and assigns from all claims or liabilities of any kind arising out of your participation in this activity, even though liability may arise out of negligence or carelessness on the part of the SAS Farms. You represent that you are fully authorized to bind to the terms of this document yourself, Horse(s), and your assigns, the estates of such, and all other persons who may be entitled to claim damages as a result of your, theirs, or Horse(s) death or injury and, further, you agree and affirm that you will indemnify, and hold harmless, SAS Farms from any claims, liabilities, and/or damages that may incur as a result of your participation in this equine and agritourism activity.
BY SIGNING THIS BOARDING AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF MANAGERS’, HORSE(S)’, AND/OR ASSIGNS’ PARTICIPATION IN EQUINE AND AGRITOURISM ACTIVITES, INCLUDING BOARDING, AT SAS FARMS, INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OF SAS FARMS.
READ THIS BOARDING AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.
I have read, understood, and agree to the above warnings and concerns
- Boarder’s Signed Name*: {{signature_boarder_liability}}
- Owner’s Signed Name*: {{signature_owner_liability}}
- Helmets and Safety Gear
I understand that it is the recommendation of Shenanigans Stables to wear a riding helmet and utilize other safety gear appropriate to my level of experience while on a horse. I accept full responsibility for accident or injury to Managers, Horse(s), and/or other assigns if I or they choose not to use a riding helmet or other appropriate safety gear. Persons under the age of 18 MUST wear a helmet while mounted on a horse.
- Boarder Initials*: {{boarder_initial_safety_gear}}
- Owner Initials*: {{owner_initial_safety_gear}}
- Horses are Inherently Dangerous
I understand that engaging in equine and agritourism activities is an inherently dangerous activity, and that, by doing so, I expose myself to dangers both known and unknown. Horses are large, unpredictable animals which may be dangerous no matter how much training they have, no matter the level of experience I have, and no matter what the situation. I agree and understand that Shenanigans Stables cannot control the horses it boards, and that I shall release and hold harmless Shenanigans Stables form any injury arising out of or related to equine or agritourism activities at Shenanigans Stables’ facilities, including but not limited to injuries and deaths to myself, Horse(s), and/or other assigns.
- Boarder Initials*: {{boarder_initial_horse_danger}}
- Owner Initials*: {{owner_initial_horse_danger}}
- I am Responsible for my own Conduct and that of Horse(s)
I understand that I will ride and handle Horse(s), and will conduct myself, at my own risk while I am on Shenanigans Stables’ property.
- Boarder Initials*: {{boarder_initial_horse_danger_2}}
- Owner Initials*: {{owner_initial_horse_danger_2}}
- Release and Waiver of Liability and Assumption of Risk
I take full responsibility for myself, and for any Horse(s), or assigns, that I may bring onto the property and will not hold Shenanigans Stables, including its owners, officers, agents, employees, sponsors, representatives, independent contractors, successors, and assigns, responsible for accident or injury to myself, Horse(s), and/or assigns. I hereby indemnify and shall act to indemnify and hold harmless Shenanigans Stables from any concern arising from such an assumption of risk.
- Boarder Initials*: {{boarder_initial_assumption_risk}}
- Owner Initials*: {{owner_initial_assumption_risk}}
- Death or Injury to Horse
It is advised that Managers seek insurance on Horse(s) prior to, and for the duration of, the Boarding/Training of Horse(s). Shenanigans Stables, including its owners, officers, agents, employees, sponsors, representatives, independent contractors, successors, and assigns will not be held responsible for injury or death of Horse(s). Managers hereby indemnify and shall act to hold harmless Shenanigans Stables from any concern arising from such an assumption of risk.
- Boarder Initials*: {{boarder_initial_injured_horse}}
- Owner Initials*: {{owner_initial_injured_horse}}
- Hold Harmless, defend and indemnify
Managers agree to defend, indemnify, save, and hold harmless Shenanigans Stables including its owners, officers, agents, employees, sponsors, representatives, independent contractors, successors, and assigns from and against any loss, liability, damage, attorney’s fees, or costs that they may incur arising out of or in any way connected with: Boarder’s, Owner’s, Horse(s)’, and/or assigns’ use of, or presence at, Shenanigans Stables’ facilities; Horse(s)’ conduct; Boarder’s, Owner’s, Horse(s)’, and/or assigns’ use of, or access to, Horse(s); and/or Boarder’s, Owner’s, Horse(s)’, and/or their assign’s actions, breaches, failures, or omissions in performing or furthering this Boarding Agreement or any related agreement, obligation, or conduct, or as they may relate to or arise out of the subject matter of this Boarding Agreement or use of Shenanigans Stables.
- Boarder Initials*: {{boarder_initial_defend}}
- Owner Initials*: {{owner_initial_defend}}
- Costs, Attorney’s Fees, and Expenses
In any legal actions brought in connection under this Boarding Agreement, arising out of this Boarding Agreement, or arising out of any activity of Horse(s), Boarder, Owner, or their assigns, against Shenanigans Stables, including its owners, officers, agents, employees, sponsors, representatives, independent contractors, successors, and assigns, Managers will be responsible for payment to Shenanigans Stables of their costs incurred, and Managers will be further responsible for the payment of any costs otherwise ordered paid by Shenanigans Stables to any other party. For the purpose of this section, “costs” will include any costs actually incurred, including, but not limited to, attorney’s fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating or copying cost, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements.
- Boarder Initials*: {{boarder_initial_fees}}
- Owner Initials*: {{owner_initial_fees}}
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- Stable’s Remedies
If Managers, or their assigns, breach this Boarding Agreement, if Horse(s) becomes sick, disabled, injured, or a danger to itself or others, or if Shenanigans Stables ceases to be able to provide services to Managers and Horse(s) hereunder, Shenanigans Stables reserves the right to require Managers immediate removal of Horse(s). Managers agree they will be fully responsible for all alternative boarding charges so incurred, as well as all costs otherwise associated with such a removal.
- Amendments and Modifications
The parties may amend this Agreement only by a written agreement executed by all parties.
- Assignment of Transfer
No party may assign or transfer this Boarding Agreement without the prior consent of the other parties.
- Entire Agreement
This Boarding Agreement contains the entire agreement among the parties. Any modifications or additions must be in writing and signed by all parties to the Boarding Agreement. No oral modifications will be considered part of the Boarding Agreement unless reduced to writing and signed by all parties. This Boarding Agreement may be executed in several counterparts with the same effect as if the parties executing the several counterparts had all executed one counterpart. This Boarding Agreement may be signed electronically with the same effect as if the parties signed it in person with ink on paper.
- Comprehension
Each party herby affirms and acknowledges that they have been given the opportunity to obtain independent legal review by an attorney of their choosing, that they have read this entire Boarding Agreement, that it is in plain language, and that they fully understand and appreciate the meaning of each of its terms.
- Governing Law and Venue
This Boarding Agreement shall be governed by the laws of Ohio. Venue for resolution of disputes shall be proper in the Court of Common Pleas, Carrollton County, Ohio, unless otherwise required by law.
- Termination
Shenanigans Stables has the right to terminate this Boarding Agreement at any given time with a written notice pursuant to the terms above. Managers are to remove Horse(s) within the time frame requested by Shenanigans Stables.
- Stable Rules
Shenanigans Stables may from time to time post reasonable rules in connection with the operation of its facilities. Such rules shall become a part of this Boarding Agreement and any failure to observe them on the part of Managers, and/or their assigns shall constitute a violation under this Boarding Agreement, permitting Shenanigans Stables to, at their discretion, terminate this Boarding Agreement immediately.
By signing this Boarding Agreement, you indicate that you understand and agree to all the terms contained herein.
- Boarder:(Signature)*
- {{boarders_signature}}
- {{boarders_printed_name}}(Printed Name)*
- {{boarders_signature_date}}(Date)*
- Owner:(Signature)*
- {{owners_signature}}
- {{owners_printed_name}}(Printed Name)*
- {{owners_signature_date}}(Date)*
- On Behalf of Shenanigans Stables:(Signature)*
- {{shenanigans_stables_signature}}
- {{shenanigans_stables_printed_name}}(Printed Name)*
- {{shenanigans_stables_signature_date}}(Date)*
