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Agreement for Equine Boarding
William O. Autry & Sarah E. Leach
d.b.a. Chez Chevaux Farm
20170 Whitmer Road
South Bend, IN 46614-4815
Tel: 574/231.9196
EMail:
billoa@chezchevaux.com
or seleach@chezchevaux.com
This agreement is made and entered into by and between ______________________________,
(Boarder/Owner of Horse), hereinafter designated "Horse Owner", and Chez
Chevaux Farm, hereinafter designated as the "Farm". This agreement covers
the horse(s) described as follows:
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#2 |
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Chez Chevaux Farm agrees that
(1) It will provide each horse with paddock board/shed access
and pasture turnout, and will feed (grain & hay), water, and care for
each horse in a good and responsible manner. Each horse will also have
a stall in the barn to be used only in case of injury and at the sole discretion
of the Farm during periods of severe inclement winter weather.
(2) It will provide a securable space for tack and equipment
and a lighted arena with suitable footing for year-round indoor riding.
A Horse Owner's trailer may also be parked in designated areas. The Farm assumes
no liability for tack, equipment, and horse trailers stored on the premises.
(3) Paste de-wormers will be administered at approximately
8-week intervals to all horses on the Farm at no additional cost to Horse
Owners. Additional nutritional supplements and medications may be administered
to horses when Horse Owners provide them.
(4) The boarding fee will not be raised without 30
days written notice. In the case of Owners with more than one horse at
the Farm, a 10% discount will be applied to the boarding fees for the 2nd
, 3rd, etc. horses.
The Horse Owner agrees that
(1) Boarding fee of $200.00 per month per horse will
be due on the first of each month. Checks should be made payable to "Sarah
E. Leach", "William O. Autry", or "Chez Chevaux Farm." In the event
of non-payment and after written notification to the Horse Owner, the Farm
shall be entitled to a general lien against the boarded horse(s) for the
boarding fees and shall be entitled to enforce said lien according to the
laws of the state of Indiana. Horse(s) may not leave the premises while such
a lien is in effect. Additional charges of $15.00/day, plus the actual
cost of bedding, will be incurred if a horse must be stalled for injuries.
There will be no additional charges when horses are stalled for inclement
weather at the Farm's discretion.
(2) Current negative "Coggins" test results for Equine Infectious
Anemia are required for each horse before the horse arrives at the Farm.
(3) Horse(s) will be on a regular preventative health care
program, including vaccinations twice a year in the spring and fall, and
will receive appropriate farrier care. Horses will not be shod with rear
shoes without the advice & consent of the Farm.
(4) Horse Owners, and/or any one else the Horse Owner allows
to ride their horse(s), has a signed "Waiver of Liability and Assumption
of Risk" on file with the Farm.
(5) Horse Owners and their guests shall conduct themselves
in a manner which respects the person and property of others, the safety
of all persons and horses, and exercise good judgment in all activities undertaken
at the Farm.
Horse Owner and Chez Chevaux Farm mutually agree that
(1) Newly-arrived horse(s) shall be on probation for a period
of 30 days in order to determine whether or not the horse(s) is/are compatible
with the care arrangements at the Farm. As soon as such a determination
has been made, the Horse Owner will be notified. If the horse(s) is/are to
be removed, the Farm and Horse Owner will arrange for such action as soon
as possible.
(2) In the event the horse(s) shall require the services
of a veterinarian, the Farm will immediately contact the Horse Owner. In
the event the Horse Owner cannot be reached in an emergency, the Farm is
hereby authorized, as the agent for the Horse Owner, (a) to call the
veterinarian of the Horse Owner's choice (see Emergency Care section
below), and should that vet be unavailable, (b) to call any other
licensed vet of the Farm's choice. All fees charged by the responding vet
shall be the sole and exclusive responsibility of the Horse Owner, with no
liability whatsoever on the part of the Farm. If the Horse Owner wishes to
set limits on the type of emergency care that can be administered, it is
the Horse Owner's responsibility to inform the Farm in writing of such wishes
and limits in the Limitations section of Emergency
Care (below).
(3) The Farm and/or the Horse Owner, each has the right
to cancel this agreement with 30 days written notice to the other party.
In the event of such a cancellation, removal of horse(s) will be mutually
arranged and agreed upon as soon as possible.
(4) This document and the "Waiver of Liability and Assumption
of Risk" constitute the entire agreement between the undersigned parties
and no oral representations or agreements supersede the terms specified in
this written agreement.
Emergency Care
In the event of an emergency, if the Horse Owner cannot be contacted,
the Farm is authorized to contact the following veterinarians selected by
the Horse Owner:
First Choice ___________________________________________________________________
Second Choice _________________________________________________________________
Third Choice __________________________________________________________________
If none of the above listed veterinarians is available, the Farm,
acting as an agent of the Horse Owner, is authorized to contact an alternate
veterinarian.
Limitations to Emergency Care
In the event of an emergency where I cannot be reached, I, the undersigned
Horse Owner would like to impose the following guidelines (limits, if any,
to type and cost of care and emergency procedures):
(1) Do everything possible to save the life of the
horse, no matter what the cost or time involved. Yes
No
Comment:
(2) Do everything possible to administer aid to
the horse, e.g., broken leg, but immediate loss of life not eminent.
Yes No
Comment:
(3) Leave the choice to the attending vet as to
whether it is feasible to use drastic care measures or euthanize the horse.
Please indicate if you wish a second opinion . Yes
No
Comment:
(4) Is there a dollar ($) limit that you do not
wish to exceed in emergency care? e.g., the vet states that leg is
broken and may be saved, or that the horse has colic and may
be saved by surgery at the farm or hospital, but the initial cost will be
$XXXX and continued care cost is unknown. Remember that even if there are
complications during emergency care and costs exceed this amount, you are
responsible as the Horse Owner. Amount $_____________
Comment:
(5) If the horse needs to be transported to a veterinary
hospital, who do we contact to move the horse?
(6) Is the horse covered by insurance? If so, what
is the name of the company and the telephone contact number for the company?
(7) Additional Guidelines and Comments:
Signatures & Contact Information
____________________________________________ _______________________
Horse
Owner
date
Address__________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Telephones ___________________________(home) _____________________________(work)
___________________________ (cellular) ___________________________(other)
EMail ___________________________________________________________________
_____________________________________________ _______________________
Chez Chevaux Farm
date
WAIVER OF LIABILITY AND ASSUMPTION OF RISK
Chez Chevaux Farm, 20170 Whitmer Road, Centre Township,
St. Joseph County, South Bend, Indiana 46614-4815
I, the undersigned, wish to ride horses. I understand that riding
horses involves accepting certain risks. Those risks include, but are not
limited to, the risk of injury resulting from falling from a horse, being
stepped on or kicked by a horse, from a horse running into fences, trees,
or buildings, and injuries resulting from tripping or falling over obstacles
in the riding areas. In addition, I understand that the injuries sustained
from riding horses could be serious or could even result in death.
Despite this and other risks, and fully understanding such risks,
I wish to ride horses. I hereby assume all the risks of riding horses.
I also hereby hold harmless the horse owner, if not my own horse, and the
owners of Chez Chevaux Farm, and agree to defend them against any
claims or actions resulting from my riding horses, including all expenses
and attorney fees. I hereby release Chez Chevaux Farm, owners Sarah
E. Leach and William O. Autry, Jr., and other horse owners with animals
stabled there from any and all liability, and I understand that this release
shall be binding upon my estate and all my representatives.
I further acknowledge and understand that any horse activity, including,
but not limited to, feeding, grooming, handling, even being in close proximity
to horses, carries a certain amount of risk. I fully accept this risk for
myself and any guests with me. I release Chez Chevaux Farm, its owners,
and/or other horse owners with animals stabled there from any and all liability
for any injury or death that may occur from such horse activities while
on the premises and indemnify and hold Chez Chevaux Farm, its owners,
and/or other horse owners with animals stabled there harmless against any
such liabilities, such indemnification to include attorney fees.
I hereby certify to Chez Chevaux Farm, its owners, and other
horse owners with animals stabled there that I am in good health and do
not suffer from any physical limitation that could be aggravated by riding
horses.
This release applies to the owners of horses on the premises of
Chez Chevaux Farm, to the owners of Chez Chevaux Farm, to owners
of any equipment on the premises of Chez Chevaux Farm, and to any
of their heirs, successors, and assignees.
I agree to ask the owners of Chez Chevaux Farm for clarification
of any rule or safety procedures, for further instruction as regards anything
that I do not understand about the equipment and the animals, or as regards
anything else that may affect the safety of, or riding of, horses on the
premises. I also acknowledge that the owners of Chez Chevaux Farm strongly
recommend the use of relevant equine safety gear, such as helmets, but
do not specifically require its use. As such, I accept full responsibility
for any and all injuries whether or not I choose to accept this recommendation.
I have fully read this Waiver of Liability and Assumption of Risk
carefully and understand that by signing below I am agreeing, on behalf
of myself, my estate, my heirs, representatives and assigns not to sue Chez
Chevaux Farm, its owners Sarah E. Leach and William O. Autry, Jr.,
and/or horse owners with animals stabled there, or to hold him/her/them
liable for any injury, including death, from riding horses. I understand
the terms of this waiver of liability and assumption of risk, and I intend
to be fully bound by this agreement.
Warning
Under Indiana law, an equine professional is
not liable for any injury to, or the death of, a participant in equine
activities resulting from the inherent risks of equine activities.
By virtue of my signature, I acknowledge and agree to all terms
and conditions set forth on this form and further acknowledge that I have
carefully read this agreement and understand what I am signing.
Signature __________________________________________________________
Date ________________________
Date of birth (if < 18 years of age) ________________________________________
Parent(s) or Guardian of Minor Applicant
As the parent(s) or Guardian of the applicant, We/I hereby certify that
this applicant (child) is less than 18 years of age. We are/I am aware of
the risks incurred in riding horses and the other horse activities described
in the waiver and have discussed them with our/my child. We/I have discussed
the rules and safety procedures with our/my child and are/am satisfied that
s/he understands them. We/I understand that by signing below we are/I
am agreeing, along with our/my child, on behalf of ourselves/myself, our/my
representatives and assigns, not to sue Chez Chevaux Farm, its owners,
or other horse owners with animals stabled there, or to hold him/her/them
liable for any injury, including death, that results from our/my child riding
horses or from any other horse activity. We/I understand the terms of this
Waiver of Liability and Assumption of Risk, and We/I intend to be fully bound
by this agreement.
Signature(s) _______________________________________________________
Date _______________________
(Please print) Name(s) ________________________________________________________________________________
Street Address __________________________________________________
State_____________ Zip __________
Telephones ___________________________(home) ______________________________
(work)
__________________________ (cellular)
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