THE ELK CREEK HIGHLANDS EQUINE BOARDING AGREEMENT. This Agreement is made and entered into this day of, 20, by

Transcription

1 THE ELK CREEK HIGHLANDS EQUINE BOARDING AGREEMENT This Agreement is made and entered into this day of, 20, by and between (Client) and Elk Creek Highlands / Meadows Property Owners Association- Horse Corral (ECHPOA), doing business at 86 Elk Creek Drive, Bailey CO Said place of business is referred to herein as the Facility. This Agreement concerns the standards and criteria for the care of the horse or horses (the Horse ) described on the attached Horse Information Sheet. 1. Services and Charges The ECHPOA agrees to board the Horse at the Facility. To be a Member Client one must own property, or rent full time property within the Elk Creek Highlands / Meadows Property Owners Association AND keep one s association dues current. Non Member Clients must pay an additional fee. Non Member Clients residing outside the ECHPOA community may board their horses at the facility but will also be subject to an additional fee. Openings for new boarding positions will be posted through s to the members, on the blog, and on the bulletin boards. All new boarders will be interviewed and approved by the current boarder clients and the Board of Directors of ECHPOA. Member Clients agree to compensate the ECHPOA for services and facilities pursuant to this Agreement at the rate of $50.00 per month. Non Member and Non Resident Clients agree to compensate the ECHPOA at the rate of $125 per month. However, Member Clients who were renting from ECHPOA prior to January 1, 2016 shall remain at $35 per month until changed by the ECHPOA Board of Directors. Part time or seasonal residents will not be allowed to board horses at the ECHPOA Facility. The client s fee may be changed from time to time by mailed notice or a change in the boarding agreement. Any such change shall be effective from the date set forth in any notices. The ECHPOA will make an effort to provide at least a 30-day notice period. All fees due the ECHPOA must be paid prior to the removal of the Horse from the Premises. One month s Client's fee to be used as a deposit, must be paid by Client at the time of execution of this Agreement, and shall be applied to the final month s charges for stabling and other services rendered. Invoices will be mailed to the Client. The absence of receiving an invoice does not relieve the Client of paying their fees. Electrical charges for the use of water tank heaters will be divided into shares per horse. There will be no more that (8) eight horses boarded on the Facility at one time (as grandfathered with Park County) and the limit set by the ECHPOA Board. 2. Veterinarian and Treatment. Client agrees to maintain and adhere to Worming and Vaccination schedule as provided by ECHPOA in accordance with all other horses on premises. Unless otherwise agreed in writing, Client will be responsible for providing veterinary care for the Horse. Notwithstanding the above, if the ECHPOA realizes that a Horse is sick or injured, and if the ECHPOA representatives or Barn Manager does not reach Client upon telephoning Client at the numbers provided by Client to the ECHPOA, the ECHPOA in its discretion may obtain veterinary care for the Horse. The fees and expenses of such vet care will be paid for by the Client. The ECHPOA reserves the right to have the Horse examined and treated by a veterinarian of the ECHPOA s choice at any time the ECHPOA deems such examination prudent for the welfare of the Horse, or other animals on the Premises. If, in the exercise of the ECHPOA s reasonable judgment, the ECHPOA determines that a veterinarian or member of the ECHPOA should examine or administer medical aid or medicine to the Horse, Client agrees to pay or reimburse the ECHPOA for the cost of same, and to hold the ECHPOA or members harmless from any

2 liability. Nothing in this paragraph will be deemed to create or imply any obligations on the part of the ECHPOA to indemnify or investigate any injury to the Horse or to provide veterinary treatment. The ECHPOA assumes no liability for injury or death of the Horse from acts of God or war, illness or injury, and the Client expressly waives any claim against the ECHPOA therefore. In the event of a horse death the boarder will arrange and pay for removal. 3. Authorization of Riders. Client represents and warrants to the ECHPOA that: The Horse has no vicious or dangerous habits or propensities; Client must be sufficiently knowledgeable and experienced in the handling and riding horses in a safe manner. A questionnaire, as well as a demonstration of positive interaction between the client and their horses to include basic ground work, ground manners, picking up feet, and grooming will be required. Client is not relying on ECHPOA for advice or supervision with respect to Client's use of Client s Horse. Client will not permit any person to handle or ride the Horse unless such person has executed and delivered to the ECHPOA a release in such form as ECHPOA shall provide from time to time. provide. All new horses will be required to be quarantined for a period of two weeks. New clients must provide current veterinary records showing health conditions and negative Coggins before they are delivered to the facility. All horses must be up to date on vaccinations, as referenced in ECHPOA Client Policies and Rules. 4. Release of Liabilities Client agrees to indemnify and hold harmless the ECHPOA, its officers, directors, members, successors and assigns from and against all claims, liabilities, damages, losses costs and expenses (including attorney s fees) arising out of or based upon any act of the Horse, any negligence or willful misconduct of Client or any breach by Client of any representation or warrant contained in this Agreement. Client acknowledges that the Horse may injure itself or may be injured on the Premises or while being transported or stabled at the ECHPOA. Such injuries are assumed by Client as a risk of ownership and Client waives any claim against the ECHPOA, its agents or members, for any such damage or injury. Client agrees to hold the ECHPOA harmless if the Horse should escape its stall and or pasture. The ECHPOA assumes no responsibilities should the Horse escape other than for attempts to recapture the Horse, which can be effected without unreasonable harm to the Horse, people or property. Client acknowledges that riding and handling of horses is a hazardous activity, which can result in injury or death. Client expressly assumes the risks associated with such activity. Client further hereby waives and releases all the Indemnified Parties from any and all liability with respect to any damage to property or injury or death to Client or the Horse in connection with such activities, including but not limited to any damage, injury or death arising from any negligent act or omission of any Indemnified Party (but excluding any injury or death arising from any gross negligence or willful misconduct of any Indemnified Party). 5. Tack and Storage The ECHPOA will provide hay storage which will be divided by Eight sections, and Client will be provided with One section per horse. ECHPOA assumes no liability or responsibility for the care or safekeeping of any personal property including Hay, Tack, Grooming Equipment, etc Client assumes all responsibility

3 for damage, loss or theft of any personal property left on the Premises, and waives all claims against ECHPOA for said damage, loss or theft. Any personal property left on the Premises for thirty (30) days after termination of this Agreement shall be deemed abandoned. 6. Maintenance of Facility Pens are to be cleaned daily or within a reasonable time and kept in good repair. Horse manure and general waste are to be to be placed onto areas outside horse pens as agreed upon by boarding members. Water scheduling and maintenance is determined among the boarder members. Lower pasture opens in June or July when grass is good and may be closed for short periods of time during the growing season to allow additional grass to grow. This pasture closes again after the first snow or ice. Repairs and maintenance on fencing and buildings, etc., are done by boarders whose horses have damaged any parts of the facility. Failure to repair damage will be grounds for termination of this agreement. All physical materials used for the reparation and maintenance of the facility must be agreed upon by the horse boarding members as being safe for horses well-being. 7. Rules Client acknowledges receipt of a copy of ECHPOA s Policies and Rules. Client agrees to be bound by these Policies and Rules. Said Rules may be amended by ECHPOA by delivering or mailing a copy of the amended Policies and Rules to Client. At all times, Client will, and will cause all persons who are guests or invitees of Client to obey the Policies and Rules of the ECHPOA as are in effect; and otherwise to behave in a safe and prudent manner. Client will treat other members and any other persons on the Premises in a professional and polite manner. At any time, in the sole and exclusive discretion of ECHPOA, persons violating any of these Policies and Rules may at the ECHPOA s discretion be thereafter forever barred from the ECHPOA property. Client and any and all of Client s guests or invitees agree to abide by and not to violate the ECHPOA S Drug and Alcohol Policy. The ECHPOA's Drug and Alcohol Policy is specifically incorporated into this Agreement to enhance the health and safety of everyone using the ECHPOA s Premises. Client and Client s guests or invitees, while on the ECHPOA s Premises, shall not: Have illegal drugs or their metabolites in their system. Possess, sell, give, or circulate drugs or sources of drugs, intoxicants, illegal drugs or narcotics to other members or to anyone else; No alcohol use at the horse corral/pens/riding arena. Anyone appearing intoxicated will be asked to leave the facility. There will be no riding allowed while under the influence of alcohol. No opened alcohol containers are allowed in the horse boarding facility No children less than 12 years of age are allowed in the horse corral or pen areas without a supervising boarder or other adult being present. This is a community horse facility for pleasure riding. No stallions may be boarded.

4 Clients must not feed or turn out horses other than your own without permission from the horses appropriate boarders.. 8. Termination. The ECHPOA may terminate this Agreement without cause by giving thirty (30) days advance notice to Client. Client shall give thirty (30) days advance notice to ECHPOA before terminating this Agreement or Client will be responsible for stabling fees for thirty (30) days after giving notice. The ECHPOA may terminate this Agreement immediately upon any breach by Client of this Agreement. Upon termination of this Agreement, Client will have forty-eight (48) hours in which to remove the Horse and all of Client s belongings from the ECHPOA. If Client fails to do so, Client shall be liable to ECHPOA and shall pay on demand a daily charge at the holdover rate of $5 per day; alternately ECHPOA may, but shall not be required to, put the Horse out to pasture at its Premises or at a third party facility, and Client shall be liable to the ECHPOA for the full value thereof plus an additional administration fee of $10 per day. Client agrees to pay all costs of collection of any amounts not paid when due under this Agreement, including attorney s fees. Additionally, a Lien may be placed on the Client s home. Any personal property of Client, including Horse, tack and related equipment, left on the Premises for thirty (30) days after termination of this Agreement shall be deemed abandoned and subject to disposal. Any horse and/or boarder members causing physical damage to the facility or causing dissidence among boarder members causing unsafe conditions are subject to removal by majority vote of horse boarding members with notice and final approval from the governing board of ECHPOA 9. Ownership of Horse. Client warrants that the ownership of the Horse, and Client s interests therein, is as set forth on the Horse Information Sheet attached hereto, and that Client has the unrestricted right and authority to possess the Horse and to direct and control its boarding use, care and possession. In the event any third party should claim or assert any conflicting interest in the Horse, Client agrees to furnish the ECHPOA with satisfactory evidence of Client s ownership and right of possession and control of the Horse. Until such evidence is received, the ECHPOA may (but shall not be required to) retain possession of the Horse, and take such action as it deems necessary to resolve the conflicting claims and to preserve and protect the Horse and its health and safety. Notwithstanding any assertion to the contrary of Client or any third party, Client agrees to indemnify and hold the ECHPOA harmless from any loss, liability, cost or expense (including attorney s fees and court costs) arising out of the exercise by the ECHPOA of its right under this Paragraph Clients Fee Due Date. The Client s Fee, together with any other unpaid charges for goods and services provided by the ECHPOA to or for the account of Client, shall be invoiced monthly to owner. All such charges shall be due and payable on the first day of each month and shall become delinquent if not received by the 16th day of each month. A late fee of $25 shall be charged if all Client's Fees are not received by the 16th day of each month. 11. Delinquency Client is expected to pay ECHPOA all fees in full each month. ECHPOA relies on payments by the Client to maintain the stabling facility. Therefore, if a Client becomes more than two (2) months delinquent, Client has until the first day of the third month to pay in full. In the event that Client still has an outstanding balance on the first day of the third month, Client and all of their Horses will be removed from the premises and not be allowed to return.

5 12. Security Interest. Client hereby grants to the ECHPOA a Security Interest in and to the Horse, and all Horses, tack and related equipment of Client now or hereafter stored or located on the Premises, and the proceeds and products thereof as collateral to secure payment of all sums now or hereafter owed by Client to the ECHPOA. In the event Client is delinquent in payment of any amounts owing to the ECHPOA, the ECHPOA may proceed under the Uniform Commercial Code as enacted in Colorado or any other applicable Colorado laws, as to all or any part of the collateral and shall have any may exercise all rights, remedies and powers of a secured party under the Uniform Commercial Code, including and without limitation, the right and power to take exclusive possession of, and to sell same in any manner provided in the Uniform Commercial Code. Client agrees that any notice required by the Uniform Commercial Code shall be sufficient if mailed postage prepaid, to Client, at the address set forth below, at least thirty (30) days before the time of any sale or disposition of the collateral. All expenses of retaking, holding, preparing for sale, lease or other use or disposition, selling, leasing or otherwise using or disposing of collateral, which are incurred or paid by ECHPOA, including attorney s fees, legal expenses and cost, shall be added to the indebtedness secured by the Security Interest herein above granted and Client shall be liable therefore. Any copy of this Agreement, which is signed by Client, may be filed by the ECHPOA as a financing statement under the Uniform Commercial Code. 13. Stable Keeper s Lien. The ECHPOA shall have a lien against the Horse and other personal property of Client on the Premises for amounts owing by Client to the ECHPOA pursuant to this Agreement, in accordance with C.R.S In addition to any other available remedies, and consistent with Colorado law, the Horse and said personal property may be sold, and or a Lien may be placed on the Client s home, and the proceeds applied by the ECHPOA in satisfaction of Client s account. 14. Miscellaneous. This Agreement supersedes any and all prior Agreements between the ECHPOA and Client, with respect thereto. This Agreement shall not be amended or modified except by written instrument signed by the ECHPOA and Client. 15. Temporary Off Premises. When the Horse is leaving the Premises for any reason, the monthly rent must be paid to reserve your spot. WARNING Under Colorado 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 pursuant to Section , Colorado Revised Statutes. CLIENT: Date Date By: By:

6 THE ELK CREEK HIGHLANDS EQUINE MEDICAL HISTORY AND RELEASE (TO BE COMPLETED IN FULL BY EACH RIDER AND HANDLER) The information below is intended solely for the ECHPOA s use in aiding and rendering of appropriate emergency care. It is not used as a device for the screening of riders. Name: Date of Birth: Age: Sex: Home Address: City State ZIP Home Telephone: Cell Telephone: Have you had any spinal or coronary injuries or defects, or been diagnosed as having an arthritic condition? Yes No If Yes, give details Date of most recent tetanus inoculation:, 20. Are you allergic to any medication? Yes No If Yes, indicate all know allergies. Have you ever been advised by a doctor NOT to participate in equestrian sports? Yes No If Yes, give details

7 IN CASE OF EMERGENCY, CONTACT Name: Address: Home Telephone: Cell Telephone: Relationship: Name of Physician: Telephone: The undersigned (and parent/guardian or Rider, if minor) consents to any x-ray examination, anesthetic, medical or surgical diagnosis or emergency treatment, and emergency hospital service that may be rendered to the Rider under the instruction of any physician or hospital. It is understood that this consent is given in absence of any diagnosis or treatment which may be required, and is given to enable the ECHPOA, its members, hospital staff and physicians, to exercise their best judgment as to the necessity for and requirements of diagnosis and treatment. The undersigned (or parent/guardian of the Rider if a minor) shall pay all fees for doctors, hospitals, ambulances and other medical charges incurred. WARNING Under Colorado law, an 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, pursuant to Section , Colorado Revised Statutes. RELEASE In consideration of the use of the ECHPOA Premises, including but not limited to all riding areas and trails, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Rider hereby generally releases The Elk Creek Property Owner s Association, its officers, directors, agents and Corral Members from any and all claims and causes of action for injury, loss, damage or death of the Rider/Handler resulting from any of the inherent risks of equine activities. I certify that the foregoing information is true and correct and I agree to the consent and release set forth above. Date: Rider or Handler Date: (Parent or guardian if Rider or Handler is a minor)

8 DRUG AND ALCOHOL POLICY Drug and alcohol abuse anywhere on the Premises in an operation such as the ECHPOA, presents a threat to the safety of its clients and horses and to the reputation of the ECHPOA and the Clients, Trainers, riders, and guests that use the Premises. For this reason, it is the policy of the ECHPOA not to allow Clients, Trainers, independent contractors, guests or anyone using the Premises to abuse drugs or alcohol while at the ECHPOA. DRUG AND ALCOHOL RULES The following conduct is prohibited: Have illegal drugs or their metabolites in their system. Possess, sell, give, or circulate drugs or sources of drugs, intoxicants, illegal drugs or narcotics to other members or to anyone else; No alcohol use at the horse corral/pens/riding arena. Anyone appearing intoxicated will be asked to leave the facility. There will be no riding allowed while under the influence of alcohol. No opened alcohol containers are allowed in the horse boarding facility Being under the apparent influence of alcohol, an intoxicant, a legal drug (an over the counter or a prescribed medication) or an illegal drug or narcotic, or Having, possessing, selling, giving, or circulating drugs or sources of drugs, intoxicants, illegal drugs or narcotics to other employees or to anyone else, or Using or possessing alcohol without authorization or illegal using or possessing alcohol, or Having illegal drugs or their metabolites in the Rider s system.

9 ECHPOA CLIENT POLICIES AND RULES ADMINISTRATIVE Client(s) must complete and place on file the following, before moving the Horse into a stall: Equine Boarding Agreement, including Medical Forms Release Forms Current Coggins Certificate (EIA) Proof of Ownership Stabling Fee is due and payable on the first day of the month, regardless of whether you have received billing. For Horses that move in the middle of the month, the first month must be paid in full. The second month will be prorated for any partial months. Only the authorized Riders /Handlers designated in this Agreement may ride the Horse on the ECHPOA Premises. Client and any and all of Client s guests or invitees agree to abide by and not to violate the ECHPOA S Drug and Alcohol Policy. The ECHPOA's Drug and Alcohol Policy is specifically incorporated into this Agreement to enhance the health and safety of everyone using the ECHPOA s Premises. Client and Client s guests or invitees, while on the ECHPOA s Premises, shall not: Have illegal drugs or their metabolites in their system. Possess, sell, give, or circulate drugs or sources of drugs, intoxicants, illegal drugs or narcotics to other members or to anyone else; No alcohol use at the horse corral/pens/riding arena. Anyone appearing intoxicated will be asked to leave the facility. There will be no riding allowed while under the influence of alcohol. No opened alcohol containers are allowed in the horse boarding facility No children less than 12 years of age are allowed in the horse corral or pen areas without a supervising boarder or other adult being present. This is a community horse facility for pleasure riding. No stallions may be boarded. Clients must not feed or turn out horses other than your own without permission from the horses appropriate boarders. BARN/PADDOCKS/PASTURE All dogs on the Premises must be kept under leash control at all times

10 No riding in pasture with loose horses No alcohol or smoking on premises Please clean up after your horse

11 Horse Information ECHPOA HORSE INFORMATION AND RELEASE Horse Name: Trainer: Owner's Name: Home Phone: Work Phone: Cell/Pager: Alternate Emergency Contact: Veterinarian: Vet s Phone: Ferrier Farrier Phone Age: Breed: Sex: Color: Registration Registration No. Insurance Information: Company: Phone: Policy # Do you have surgery coverage? Yes / No At what level? Does your coverage require permission before surgery is done? Yes / No If you do not have insurance on your Horse, please think about and answer the following questions: Bearing in mind that colic surgery can cost $5,000 or more, is your Horse a surgical candidate? Yes / No Is there a dollar amount beyond which you are unwilling to go in the emergency treatment of your Horse? Yes / No If so, what is that limit? $ Do you authorize ECHPOA members to make these decisions for you if we are unable to get in touch with you or your Veterinarian? Yes / No Has this Horse ever had colic in the past? Yes / No When? What treatment was performed? Is this Horse on any medication? Yes / No Please list Does this Horse have any chronic health problems? Yes / No Please list Does this Horse have any known allergies? Yes / No Please list NOTE: Your named veterinarian will be called to attend your Horse. The owner of the Horse is responsible for all costs associated with the treatment of the Horse. Signature of Owner Date: