Signal Mountain Equestrian Center, LLC Boarding Agreement

PLEASE READ CAREFULLY

The Equine Boarding Agreement (the "Agreement") is being entered into by:

("Boarder") as of [choose current date or upon arrival pending arranging transport] agrees to the following terms and conditions of the ("Agreement")

1. TERM

   The term of this agreement shall be for 12 months commencing on the date set forth above, and shall renew

   automatically for successive periods thereafter unless canceled on 30 days written notice by either party.

2. IDENTIFICATION OF HORSE

   Boarder’s horse(s) to be housed by Signal Mountain Equestrian Center:

Barn Name:

Signal Mountain Equestrian Center - Horse Barn

3. OWNERSHIP OF / AUTHORITY OVER HORSE

   a. Boarder represents and warrants that they are the owner of record of Horse, or that they have express authority of the owner of record to enter into this Agreement and to house Horse with Signal Mountain Equestrian Center (SMEC) if Boarder is not the owner of record of Horse, Boarder nonetheless agrees to be fully bound by the terms of this agreement and liable for all sums hereunder.

   
   

   b. Identification of owner of record if different than Boarder - if Boarder is not the owner of record of Horse, the owner of record is:

4. BOARDING FEE

   Board is due on the 1^st day of each month. Payment received after the 5th of the month will be subject to a $5.00 late fee, plus $5.00 in late fees for each additional day thereafter on which Board plus accrued late fees remain unpaid. There will be a $35.00 charge for returned checks. Payments shall first be credited to the accrued late fees and returned-check charges.

5. DEPOSIT

   A refundable deposit of $950 is required at the commencement of this Agreement. Unpaid Board or Late Fees, damages to SMEC, its facilities and equipment, veterinary charges, and any other unreimbursed expense incurred by SMEC for Boarder’s or Horse’s benefit (other than Boarding as covered by this Agreement) shall be deducted from the deposit. If Boarder choose to remove Horse prior to giving full and proper notice of cancellation, no deposit will be refunded.

6. OTHER FEES

   None unless otherwise stated and discussed prior to this agreement and will be recorded.

7. SIGNAL MOUNTAIN EQUESTRIAN CENTER SERVICES

   a. Stable agrees to provide a covered stall for inside boarded horses which will be cleaned twice a day with shavings provided by SMEC at no additional cost.

   b. Horse will be provided with turn-out time at owner’s request whenever possible.

   c. Horse will be fed twice a day with owner provided grain;  hay will be provided by SMEC at no additional cost and will be available in stalls and in pastures in covered hay feeders.

   d. Stable shall have the right to use reasonable and customary restraints and training implements to move Horse should they be necessary if, for example, horse refuses to move or becomes a danger to itself or others. Further, if Horse becomes a danger to itself or others, Stable need not clean horse’s stall or provide turn- out time.

   e. If blanketing is necessary, at NO additional charge will apply October through May for blanketing and un-blanketing.

8. TANGIBLE PERSONAL PROPERTY / EQUIPMENT OF OTHERS

   Signal Mountain Equestrian Center is not responsible or liable for any tangible personal property,  including personal property such as goods, chattels, and other articles of value that are capable of manual or physical possession, and certain machinery and equipment, separate and apart from any real property, and the value of which is intrinsic to the article itself, left on the Premises by contracting boarders, their family members, guests or other such persons as may accompany them onto the Premises at any time.

9. HORSE'S PHYSICAL CONDITION / SPECIAL CARE

   Except as specified in this section, to Boarder's knowledge, Horse is currently sound, disease-free, has a current negative Coggin's test (annual proof must be provided), in good condition, and not in need of any special care.

   If no special care is required, please put "N/A" in the box below.

10. HORSE'S BEHAVIOR

    Boarder states that the Horse exhibits the following behavioral traits:

11. HOURS OF VISITATION / ACCESS TO HORSE

    Boarder shall have access to their horse at will, access for veterinarian, farrier, trainer, and designated guests shall have access to Stable and Horse on the following schedule:

    • Monday thru Friday - 7:30AM to 6PM

    • Saturday - 7:30AM to 6PM

    • Other times will be at the approval of SMEC

12. VETERINARY CARE

    a. Boarder agrees and understands that it is the Boarder's responsibility to provide Horse with proper veterinary care and veterinary services. Boarder understands that if Boarder’s horse is or appears sick or injured, stable will first try to contact the Boarder. If Boarder is unavailable, or Horse has an emergency as deemed by the SMEC, Boarder gives SMEC permission to call Boarder’s veterinarian, identified as:

If the Boarder’s veterinarian is unavailable, Boarder authorizes SMEC to call its veterinarian, and that Boarder will be fully responsible for all veterinarian charges so incurred.

b. Boarder also agrees that Boarder will keep Horse current on all

customary worming and vaccinations, including but not limited to

West Nile, Strangles, Potomac Fever, and any and all other

worming or vaccinations as may be prevailing or customary in the

locale and surrounding areas.

13. FARRIER CARE

    Boarder agrees and understands that it is Boarder’s responsibility to provide Horse with proper hoof care and farrier services. Boarder’s farrier is:

Boarder’s farrier shall have access to Stable and Horse during Hours of Visitation. If Boarder’s farrier is unavailable and Boarder’s Horse is in need of farrier services, Boarder authorizes Stable to call its farrier, and that Boarder will be fully responsible for all farrier charges so incurred.

14. TRAINER

    Training services are to only be provided by SMEC. Other training services require SMEC approval with proper waiver, release and certificate of liability insurance naming SMEC as covered party.

15. PROHIBITED ACTIVITIES

    Neither Boarder nor their guests or agents shall feed or turn-out any Horse at Stable. No Boarder shall walk, work, ride, saddle, injure, whip, harass, or otherwise use or interact with any other horse at Stable without permission of a SMEC representative or the horse’s owner.

16. AUTHORIZED USERS

    Stable has discretion when and under what circumstances to allow Boarder’s designated Users to have access to Horse and Stable’s facilities. Boarder shall designate all users in writing to SMEC and must include: Name, Street address, City, State, Zip code, Phone, Sex, Age, E-mail, Level of experience with horses in general.

17. SAFETY AND RELEASE FROM LIABILITY

    BY SIGNING THIS 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 YOU, ANY OTHER FAMILY MEMBER OR A GUEST'S PRESENCE AND/OR PARTICIPATION IN EQUINE ACTIVITIES AT SMEC, INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OF SMEC.

READ THE BELOW SECTION CAREFULLY BEFORE SIGNING IT.

YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.

a. Helmets and Safety Gear:

I understand that it is the recommendation of SMEC to wear an SEI approved 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 myself, family members, guests, and or others if I or they choose not to use a riding helmet or other appropriate safety gear.

b. Horses are Inherently Dangerous:

I also understand that engaging in equine activities is an inherently-dangerous activity, and that, by so doing, 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 what level of experience I have, and no matter what the situation. I agree and understand that SMEC cannot control the horses it boards, and that I shall release and hold harmless Never Ending Farm from any injury arising out of or related to equine activities at Stable’s facilities.

c. I am Responsible for my own Conduct and That of my Horse:

I understand that I will ride and handle my horse, and will conduct myself, at my own risk while I am on the Stable’s property and or presence.

d. RELEASE AND WAIVER OF LIABILITY, AND ASSUMPTION OF RISK:

I take full responsibility for myself, my family members, and for any guest that I may bring onto the property and will not hold SMEC, it’s owners, agents, or employees responsible for accident or injury to myself, my family members, my guest, or my agents.

e. Death or Injury of Horse:

Signal Mountain Equestrian Center, its owners, trainers, agents, or employees will not be held responsible for injury or death to Horse absent active negligence on their part.

f. HOLD HARMLESS, DEFEND AND INDEMNIFY:

Boarder agrees to defend, indemnify, save and hold harmless SMEC and its principals, agents, and affiliates 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 use of Stable, presence at Stable’s facilities, Horse’s conduct, Boarder’s use or access to Horse, or Boarder’s or their agents’ actions, breaches, failures, or omissions in performing or furthering this Agreement or any related agreement, obligation or conduct, or as they may relate to or arise out of the subject matter of this Agreement.

g. Costs, Attorneys’ Fees, and Expense:

In any legal actions brought in connection with this Agreement, arising out of this Agreement, or arising out of any activity of Horse, Boarder, or their quest or agents, the prevailing party will be entitled to prompt payment of expenses from the other party following final adjudication in favor of the prevailing party. For the purpose of this Section, “expenses” will include the following costs actually incurred by the prevailing party: attorneys’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating or copying costs, printing and binding costs, telephone charges, postage, delivery service fees, canceled lessons, and all other disbursements.

18. STABLE’S REMEDIES

    If Boarder breaches this Agreement, if Horse becomes sick, disabled, injured, or a danger to itself or others, or if SMEC ceases to be able to provide services to Boarder and Horse hereunder, SMEC reserves the right to require owner’s immediate removal of Horse, and to find alternative boarding for Horse if Boarder fails to do so. Boarder agrees they will be fully responsible for all alternative boarding charges so incurred.

19. AMENDMENTS AND MODIFICATIONS

    The parties may amend this agreement only by written agreement executed by all parties.

20. NOTICE

    a. Notice to Stable:

    All notices must be in writing and delivered to SMEC at the following address, in a manner which provides proof of delivery:

    
    

    Signal Mountain Equestrian Center, LLC

    1070 Miller Road

    Signal Mountain, TN 37377

     

    b. Notice to Boarder:

    All notices must be in writing and delivered to Boarder’s address listed above in this agreement, in a manner which provides proof of delivery of the other parties.

21. ENTIRE AGREEMENT

    This Agreement contains the entire agreement among the parties. Any modifications or additions must be in writing and signed by all parties to the Agreement. No oral modifications will be considered part of the Agreement unless reduced to writing and signed by all parties.

22. COMPREHENSION

    Each party hereby affirms and acknowledges that they have been given the opportunity to obtain independent legal review by an attorney of their choosing if so desired, that they have read this entire Agreement, that it is in plain language, and that they fully understand and appreciate the meaning of each of its terms.

23. GOVERNING LAW AND VENUE

    This Agreement shall be governed by the laws of Tennessee. Venue for resolution of disputes shall be proper in Hamilton County, Tennessee.

Under Tennessee 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 Tennessee Code Annotated, title 44, chapter 20.