NCTC Boarding Contract

Transcription

1 North Central Texas College, Equine Science Program 1525 W. California, Gainesville, Texas This boarding contract is made and entered into on this day of, 20, by and between North Central Texas College, the North Central Texas College Equine Science Program and its agents, employees and representatives, hereinafter designated Manager or Stable and, hereinafter designated Student/Owner. Manager agrees to accept Student/Owner s horse for boarding; and, it is the intention of the Student/Owner to board the below described horse. Description of Horse: Horse s Barn Name: Registered Name: Breed: Registration / Tattoo No.: Age: Sex: Height: Weight: Color/ Markings: Habits: Condition, Obvious Defects, Vices or Special Remarks: Special Medical Instructions: For and in consideration of the agreements hereinafter set forth, the Student/Owner and the Manager mutually agree as follows: (1) A stall deposit of $ per stall must be held by the Manager prior to initiation of this contract. Failure to pay all stall rental fees in full, damage to horse center property, including but not limited to stall feeders, fences, gates, and other equipment, or failure to totally strip and clean stall upon termination of this contract will result in forfeiture of the stall deposit. Damage to the stall feeder will result in a $40 deduction. (2) Student/Owner shall pay Manager for boarding services, as described below, the fee of $ per month $ per day for any period less than a full month. Stable agrees to board the herein described horse on a month to month basis commencing, 20 and terminating, 20. Board shall include the following: 1 flake of hay morning and evening = $ per month ($ /day pro-rated) 2 flakes of hay morning and evening = $ per month ($ /day pro-rated) All feed will be fed by NCTC personnel and student feed crews. Feed personnel will feed Student/Owner provided grain only if it is in front of the stall and stored in a Sealed Container at the time of feeding. Only 3 FEEDINGS worth of grain are allowed in front of the stall at a time, if you are out of town, you MUST get someone to look after your horse. No excess Student/Owner feed is to be left in front of the stall. It must be stored in the student feed area. Student/Owner Page 1 of 6 Rev2012

2 (3) FEED CREW POLICY: Student Boarders not enrolled in a course that has a 20 day feed crew requirement must participate in the mandatory Boarder Feed Crew Program. If applicable, a completed and signed Boarder Feed Crew Contract must accompany this contract. (4) Board will be due at the 1 st of each month, a late fee of $5 each day late will be assessed after the 5 th of the month. In the event said payment is overdue by thirty (30) days, Stable shall be entitled to exert a lien against said horse, and the property upon the premises as more further described by attached list, for any amounts due, and shall be entitled to enforce said lien and foreclose its interest against said horse and/or personal property for the amount due in accordance with the laws of the State of Texas. In addition to all other remedies provided by law, Stable may detain the horse in his custody and possession until payment in full had been rendered in good funds. The right of detention by Stable of the horse and/or personal property (tack, furnishings, other gear, trailer or vehicle) until full payment has been received, has priority over and is not subject to any existing lien, security interest or other charge or encumbrance of whatever nature or kind affecting that horse and/or personal property. If the Student/Owner does not reclaim the horse and/or personal property by discharging his indebtedness within one month from the time it was incurred, the Stable may by private sale or public auction sell the horse and/or personal property on giving 2 weeks notice of sale. Such notice to be sent to the address the Student/Owner has provided to the Manager, it is the responsibility of the Student/Owner to notify the Manager of a change in current address. Manager shall also post notice of intention to sell the horse and/or personal property by advertisement in the newspaper published nearest to the stable or if more than one newspaper is published in the same locality, then in either of them, and by posting up notices of the intended sale in the barn. Proceeds collected from said sale above Student/Owner s indebtedness will be sent to last known address. (5) RIGHT OF LIEN: The Student/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, and also for storage and services, and shall have the right, without process of law, to retain said horse until the amount of said indebtedness is discharged. However, Stable will not be obligated to retain and/or maintain the horse in question in the event the amount of the bill exceeds the anticipated unregistered value of the horse. In the event Stable exercises Stable's right of lien as above-described for non-payment, this Agreement shall constitute a Bill of Sale and a power of attorney for authorization to process transfer applications from any breed registration as may be applicable to said horse 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. If Student/Owners horse is seized, Student/Owner agrees to sign over all registration papers and titles to Stable without compensation other than settlement of indebtedness. In the event collection of this account is turned over to an attorney, Student/Owner agrees to pay all attorneys fees, costs, and other related expenses for which a minimum charge of $ will be assessed. (6) Failure to pay boarding fee will result in a block on transcripts, registration of classes, and a forfeiture of the stall deposit. Boarding will be charged until the stall is stripped, feed bin cleaned out, and walls scrubbed down regardless when the horse departs. (7) A two week written notice must be given to the Manager before a horse is taken home. Prorating of stall fees will only occur if a horse begins boarding or leaves permanently anytime during the month. Prorating will not occur for a horse leaving for a weekend, week, or holiday, ext. Student/Owner Page 2 of 6 Rev2012

3 (8) Student/Owner agrees that North Central Texas College, their agents and employees are not liable for death, sickness, and/or accident including consequential damages caused to the horse, except if caused by the willful and wanton negligence of the Manger; in addition Student/Owner agrees to hold North Central Texas College, their agents and employees completely harmless and not liable for an injury or death whatsoever caused to the student/owner, and/or any loss or damage to any personal property. (9) Student/Owner fully understands that Stable does not carry any insurance on any horse(s) and/or personal property 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 in the possession of, and on the premises of stable are to be borne by the Student/Owner. Stable strongly recommends insurance coverage and it is the responsibility of the Student/Owner to carry full insurance including coverage on his/her horse and all personal property. Horse insurance company: Policy # phone # Agent: Declared Value: $ (Please provide us with a copy of policy and a detailed list of all personal property on site) (10) All equipment, goods and personal property of any kind in or on the premises will be the sole responsibility of the student, and in no event will North Central Texas College and its agents, employees and other representatives be liable for any loss, or damage to these goods or property for any reason whatsoever, except the gross negligence of North Central Texas College and its agents, employees and other representatives. Vehicles stored upon the premises will be subject to a $5/day storage cost for all delinquent accounts. (11) The horse shall be free from infectious, contagious, and transmissible diseases. A current negative coggins is required upon arrival at the facility, and a copy of this should be given to Manager. The Manager strongly suggests that the Student/Owner have horse up to date on vaccinations, including: Flu/Rhino, EWT, Rabies, Strangles, and West Nile. Manager reserves the right to refuse horse within (7) days after arrival if the horse is found to not be in proper health. Manager or instructors will only medicate horses when given written approval by owner. In an emergency NCTC medication may be used and will be charged to owner. Student/Owner acknowledges that Manager is not liable for any damages, injury and/or death caused to Student/Owners horse due to medications administered by Manager or its staff. (12) Manager reserves the right to refuse continuation of boarding services and will notify the Student/Owner if, in the Manager s opinion, the horse is deemed dangerous or undesirable for any reason, to include but not limited to: animal's poor health, unreasonable body condition score or unsoundness; dangerous propensities, habits and/or vices for a boarding stable, or if the Student/Owner fails to uphold this contract and the NCTC Rules of the Barn accompanying this contract or to cooperate with Manger on reasonable requests relative to the management, boarding, welfare and safety of animals and people on premises. In such a case, Student/Owner is responsible for removing horse within (3) days of written notice and for all fees incurred during the horse s stay. After all fees have been paid, this contract is concluded. (13) Regular veterinarian and farrier attention will be the sole responsibility of Student/Owner. In the event of a sickness and/or accident to the horse, and after all reasonable effort has been made to contact Student/Owner, Manager has permission to contact a veterinarian for treatment and instruct him/her to invoice the student. Horses must be dewormed regularly and maintained in good health. Student/Owner Page 3 of 6 Rev2012

4 STABLE SHALL ASSUME THAT STUDENT/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 STUDENT/OWNER'S INFORMATION SHEETS, BY STUDENT/OWNER THAT THE HORSE (S) IS/ARE NOT SURGICAL CANDIDATES. (14) Student/Owner agrees to notify Manger of any and all change of addresses, emergency telephone numbers, itineraries or other information reasonably necessary to contact Student/Owner in the event of an emergency. In the event Student/Owner departs for vacation or is otherwise unavailable, prior to departure Student/Owner shall notify Manger as to what party is authorized to make decisions in the Student/Owner's place with regard to the health, well-being, and/or medical treatment of the horse. (15) If Student/Owner utilizes a pen for their horse, the pen must be cleaned immediately after the horse is removed from the pen, and the horse may only be turned out for a period of 3 Hours, or the Student/Owner will forfeit access to the pens. No boarder horse may be turned out in a NCTC pasture. (16) Student/Owner is responsible for keeping the stall and surrounding area clean at all times. Student/Owner must provide the feed and water buckets, bucket hangers, shavings, and any other items needed in the stall. Stable will provide picks and muck buckets for the Student/Owner to use during the contract, however should this equipment be misused or broken student will have to replace it. Student/Owners should be aware that manure from the stall is to be dumped in the far west bin. Should the front of the bin become full you will need to push the wheelbarrow to the back of the bin in order to dump in the next available bin. If a Student/Owner does not keep stall and surrounding area clean and in a sanitary condition the Student/Owner will be notified both verbally and in written form. The Student/Owner will have the opportunity to fix the problem however, if the owner incurs three warnings they will be asked to remove the horse from the NCTC barn. (17) Student/Owners must ride their horses in the proper riding areas (arenas, round pens), and must not ride inside the stall barn, on gravel, or concrete. Classes and team practices take precedence in all riding areas. (18) The NCTC Equine Facility has adopted a three strikes you re out policy. Should a Student/Owner not comply with the rules stated in this contract the student will receive a verbal and written warning. Each warning will be documented and signed by both the Student/Owner and either the facility manager or NCTC faculty. Once a Student/Owner receives their third warning they will be given one week to remove the horse and any personal equipment from the facility and pay all fees incurred. (19) The facility will open at 7am and locked at 9:30pm. Student/Owners will not be allowed to ride after hours due to the liability involved. Should a Student/Owner bring someone out to ride their horse or help them at the facility the Student/Owner assumes the risk and liability while working with and around their horse and the facility. As well the Student/Owner agrees to hold North Central Texas College and its agents, employees and other representatives harmless and indemnify North Central Texas College and its agents, employees and other representatives for all payments, expenses, costs, reasonable attorney s fees, and all claims and liabilities for losses or damage to property, injury and/or death to persons caused wholly or in part by or resulting from any act or omission by Student/Owner or the Student/Owner s guests, licensees, invitees or for any cause or reason whatsoever arising out of or by reason of the occupancy by Student/Owner. The Student/Owner agrees that North Central Texas College and its agents, employees and other representatives will be utilizing the facility in conjunction with Student/Owner. Student/Owner Page 4 of 6 Rev2012

5 (20) All trailers are to be parked in the designated area. This area is locked at 9:30pm each evening. Student/Owner is responsible for removing debris (shavings/fecal matter) that may fall from the trailer during loading and unloading of horses. (21) North Central Texas College and its agents, employees and other representatives shall not be responsible or liable for any damage, injury and/or death that may be sustained by Student/Owner or any other person, resulting from carelessness, negligence or improper conduct on the part of the Student/Owner or Student/Owner s agents, guests, licensees, invitees, assignees, which is beyond the control of North Central Texas College. (22) LIMITATION OF ACTIONS: Any action or claim brought by Student/Owner against Stable for breach of this Contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs. (23) MEDIATION/ARBITRATION BY EQUINE DISPUTE RESOLUTION SERVICE: In the event of any dispute or disagreement relating in any manner whatsoever to this AGREEMENT the parties agree and consent to engage in mediation in a good faith effort to resolve the dispute amicably before either party resorts to court action. Mediation shall be conducted by and according to the rules of the Equine Dispute Resolution Service (EDRS) and shall be commenced within 45 days of such disagreement or the request of either party to mediation. In the event that the parties are unable to successful resolve said dispute through said mediation, then, in that event, the parties agree to submit the dispute to binding arbitration by and according to the rules of Equine Dispute Resolution Service (EDRS), within 30 days of any declaration of impasse by EDRS. (24) WARNING: Under Texas Law (chapter 87, Civil Practice and Remedies Code), a farm animal professional is not liable for an injury to or death of a participant in farm animal activities resulting from the inherent risks of farm animal activities. (25) INHERENT RISKS AND ASSUMPTION OF RISK - The undersigned acknowledges there are inherent risks associated with farm animal activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of farm animals to behave in ways such as, running, bucking, biting, stopping short, changing direction or speed at will, shifting its weight from side to side, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them or to ANIMAL itself or to other animals around them; the unpredictability of farm animal 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 farm animal or not acting within such participant's ability. (26) This contract, Rules of the Barn, and the information on Student/Owner s horse represents the entire agreement between the parties. No other agreements or promises, verbal or implied, are included unless specifically stated in this written agreement. This contract is made and entered into the State of Texas, and shall be enforced and interpreted under the laws of this state. If any clause, phrases or word is in conflict with State Law then that single part is null and void and the other portions hereof shall be deemed in full force and effect. When the Manager or other NCTC representative and Student/Owner sign this contract, it will then be binding on both parties, subject to the above terms and conditions. (27) This contract is non-assignable and non-transferable. Student/Owner Page 5 of 6 Rev2012

6 ALL OWNERS AND PARENTS OR LEGAL GUARDIANS, OR AUTHORIZED AGENT FOR SUCH PARTIES, MUST SIGN AFTER READING THIS ENTIRE DOCUMENT. IF THERE ARE SECTIONS IN THIS AGREEMENT WHERE AN OWNER IS SUPPOSED TO CHOOSE AN OPTION AND IT IS NOT CHECKED THEN IT IS ASSUMED THAT THE MOST EXPENSIVE OPTION IS DESIRED. SIGNER STATEMENT OF AWARENESS: I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, ASSUMPTION OF RISK AND RELEASE AGREEMENT. I/WE FURTHER ATTEST THAT ALL STATED FACTS ARE TRUE AND ACCURATE. SIGNATURE NCTC Personnel DATE: SIGNATURE of Student/Owner DATE: Student/Owner s NAME(S) Student/Owner s ADDRESS DAYTIME PHONE EVENING PHONE CELL PHONE Please list name, address and phone number of Veterinarian, Farrier, and other important people Manger can contact regarding your horse. Tack and equipment inventory that is stored on the premises of Stable. Attach additional paper if needed: Student/Owner Page 6 of 6 Rev2012