Cedar haven ranch boarding agreement
This Contract for Services is made effective as of between client (hereafter referred to as "OWNER"), and Cedar Haven Ranch, LLC of 8803 North Cedar Fort Circle, Eagle Mountain, UT 84005, Cedar Haven Obstacle Course Arabian Meadows / Sterling Gardner of 10211 N 600 W St. Highland, UT 84003, and LR Horsemanship of 14245 South 6200 West Herriman, UT, 84096 (hereafter referred to as "STABLE").
1. DESCRIPTION OF SERVICES.
a. Beginning on board start date, STABLE will provide to OWNER the following services (collectively, the "SERVICES")
i. Boarding for horse(s).
ii. Regularly feed and water in a manner that maintains the health and well-being of the horse(s).
iii. Normal and reasonable handling to maintain health and well-being of horse(s).
iv. STABLE agrees to allow OWNER to store feed, hay, certain tack, and equipment on the premises of STABLE at no additional cost, but is subject to guidelines (verbal or otherwise) provided by the STABLE.
v. STABLE will bear the cost of hay and water that is necessary to maintain the health and well-being of the horse(s).
vi. OWNER is responsible for the purchase of any additional feed, grain, or other supplements.
2. FACILITY.
a. OWNER acknowledges that OWNER has inspected the facilities, and finds facilities in safe and proper order.
3. PAYMENT.
a. OWNER agrees to pay in full payments of agreed amount per month to STABLE in advance on the first day of each month.
b. Partial months boarding shall be paid on a pro-rata basis based on the number of days boarded in a standard 30-day month.
c. If payment is not made when due, interest will be added to and payable on all overdue amounts at 15 percent per year, or the maximum percentage allowed under acceptable Utah laws, whichever is less.
d. If payment becomes more than 60 days delinquent, OWNER shall forfeit to STABLE all personal property that is located on STABLE premises. After forfeiture, STABLE shall sell, retain, dispose of, or otherwise utilize forfeited property at STABLE's discretion.
4. TERM.
a. This Contract may be terminated by either party upon 30 days prior written notice to the other party. An electronic notice by one party will suffice.
5. GUESTS AND INVITEES.
a. OWNER accepts responsibility for the conduct of his/her guests and invitees.
b. OWNER accepts responsibility for any damages, harm, or loss caused by or received by his/her guests while on STABLE premises.
6. HORSE(S) HEALTH.
a. OWNER is responsible for all aspects of horse(s) health and well-being which are not previously specified as SERVICES.
b. Upon arrival of horse(s) to STABLE proof of current tetanus, eastern equine encephalitis virus, influenza vaccinations, and negative Coggins test may be required.
c. Proof of tetanus and eastern equine encephalitis virus vaccines may be required once yearly.
d. Proof of influenza vaccine may be required twice yearly.
e. OWNER agrees to have the horse(s) wormed and vaccinated on a regular schedule and at OWNER's expense.
i. In the event the same is not accomplished, and proof of same presented to STABLE within thirty (30) days from the date of such services or veterinary treatment, STABLE is authorized to arrange for such treatment, but not obligated to do so; such expense shall be the obligation of OWNER, and upon presentation by STABLE of the bill for such services rendered, including service charges, any bill shall be paid within fifteen (15) days from the date the bill submitted to the OWNER.
7. EMERGENCY CARE.
a. Should STABLE feel that medical treatment is needed for said horse(s), STABLE agrees to attempt to contact OWNER, at their emergency telephone number(s) provided.
b. In the event the STABLE is unable to so contact OWNER within a reasonable time, which time shall be judged and determined solely by STABLE, STABLE is then hereby authorized to secure emergency veterinary care and/or farrier care, and by any licensed providers of such care who are selected by STABLE, as STABLE determines is required for the health and well-being of said horse(s). The cost of such care secured shall be due and payable by OWNER within fifteen (15) days from the date OWNER receives notice thereof.
c. If OWNER cannot be contacted, OWNER authorizes STABLE to spend no more than said dollars for the emergency care of said horse(s) below.
8. INHERENT RISK AND ASSUMPTION OF RISK.
a. OWNER acknowledges there are inherent risks associated with equine activities such as described below and hereby expressly assumes all risks associated with participating in such activities.
b. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability.
c. OWNER further agrees to reimburse and pay for any damages, harm, or loss incurred by STABLE which is caused by OWNER, OWNER's horse(s) or OWNER's guests.
d. If OWNER's horse(s) becomes excessively destructive, or STABLE is unable to handle the horse(s) because of behavioral problems, and such inability to handle such horse(s), causes a risk to any horse(s) or to the STABLE and/or any person or property on STABLE premises, STABLE may terminate this Contract and OWNER must remove the horse(s) from the property within ten (10) days of written notice of such termination pursuant to said conditions. Electronic notice is sufficient.
9. RISK OF LOSS.
a. During the time that the horse(s) is/are in the custody of STABLE, STABLE shall not be liable for any sickness, disease, theft, death, or injury which may be suffered by the horse(s). This includes, but is not limited to, any personal injury or disability the horse(s) may receive while on STABLE's premises.
b. OWNER fully understands and hereby acknowledges that STABLE does not carry any insurance on any horse(s) not owned by STABLE, including, but not limited to, such insurance for boarding or any other purposes, for which the horse(s) is/are covered under any public liability, accidental injury, theft or equine mortality insurance, and that all risks relating to boarding of horse(s), or for any other reason, for which the horse(s) is/are in the possession of STABLE, are to be borne by OWNER.
c. OWNER does not hold STABLE liable for any loss, theft, damages, or harm to any of OWNER's property, horse(s), persons, or guests located at any time on STABLE premises.
10. HOLD HARMLESS.
a. OWNER agrees to hold STABLE harmless from any claim resulting from damage or injury caused by OWNER's horse(s), OWNER, or his guests or invitees, to anyone, including but not limited to legal fees and/or expenses incurred by STABLE in defense of such claims.
11. DEFAULT.
a. The occurrences of any of the following may constitute a material default under this Contract:
i. Failure to make a required payment when due.
ii.Insolvency or bankruptcy of either party.
iii.Failure to deliver the SERVICES in the time and manner as provided in this Contract.
12. ADDITIONAL INFORMATION OR PROVISIONS.
a. This Contract shall be construed in accordance with the laws of the State of Utah.
b. 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.
c. OWNER acknowledges that STABLE is an equine facility and is subject to the Utah Equine Inherent Risk. Code of Utah 78-27b-101.
Facility expectations:
Pick up any manure, hoof trimmings, shedding hair, hay, shavings, etc. on property. This includes the indoor arena, outdoor arena, driveways, tacking stations, and aisle-ways around the paddocks.
Empty manure buckets after each use into the dumpster. Manure buckets live on the south-side outside the barn & south side outside the indoor arena.
Clear the arena of any jumps, standards, barrels, or equipment into the south-west and north-east corners after use. This ensures the arena’s can be dragged/watered each day.
Park cars on the west side of the property, passing in-between the barn and the arena.
If there is ice, please be careful walking around the property!
During winter, hoses in the barn can freeze. Use the red heated hose plugged into the wall. Don’t coil it / leave any kinks in it. To store, let it fall the way it naturally wants to fall inside the big black bucket. If any kinks are in it, it will break the electrical wires. Finally, disconnect red heated hose from spigot after use each time, but you may leave it plugged into the wall.
Read entire agreement carefully before signing below.