WITNESS THIS AGREEMENT May 1, 2024, by and between THE WINNERS CIRCLE STABLES, LLC, 2442 North Creek Road, Lakeview, NY 14085, hereinafter referred to as "Stable," and the undersigned herinafter referred to as the Lessee. 1. FEES, TERM, AND LOCATION. Lessee acknowledges and accepts those terms set forth in the rate schedule applicable on the date of this agreement as issued by Stable. Payment shall be issued in accordance with that rate schedule on a timely basis. Any charges not paid in a timely manner shall be subject to finance charges set forth in the rate schedule. Stable acknowledges this agreement allows the Lessee to use assigned barn stall(s), paddocks, track, and property in accordance with Property and Barn Rules and Pool Rules. Stable reserves the right to notify Lessor within fifteen (15) days of the horse's arrival if the horse, in Stable's opinion, is deemed to be dangerous or undesirable for Stable's establishment. In such case, Lessee shall be solely responsible for removing the horse within seven (7) days of said notice and for all fees incurred during the horse's presence upon the premises. This Agreement shall be deemed terminated and concluded upon the payment of all fees. The stall rental fee is due upon the first of the preceding month. In the event said payment is overdue by ten (10) days, Stable shall be entitled to exert a lien against said horse(s), and the property upon the premises as more further described below, for any amounts due, and shall be entitled to enforce said lien and foreclose its interest against said horse and/or equipment for the amount due in accordance with the laws of the State of New York. A security deposit may be required with this Contract, and shall be refunded to Lessee within thirty (30) days of the date of completion of this Agreement less any damage fees and cleaning fees. Vacated stalls must be left in a clean and rentable condition. A minimum of $25 per stall cleaning fee will be assessed for dirty stalls. There is a monthly charge for stall rent and or Barn rent. Rental amounts are subject to annual increases. You will be notified in advance of any increase. This agreement shall remain in place and renew monthly unless terminated by the Lessee or the Stable. 2. FEED, FACILITIES, AND SERVICES. Stable agrees to provide a stall only. All care and stall cleaning required to maintain the health and wellbeing of the animals is the responsibility of the Lessee. Lessee acknowledges Lessee has inspected the facilities and finds same in safe and proper order. Any additional services to be provided by the Stable and the charges therefore will be in writing and subject to change at Stable's discretion. In the event, at its sole discretion, the Stable determines a horse has been abandoned or neglected the proper care and feeding, the Lessee agrees to pay the Stable its usual and customary fees for the care of the animal(s) including reimbursement for all expenses incurred in the care and treatment for the animal(s). 3. RISK OF LOSS AND STANDARD OF CARE. DURING THE TIME THAT THE HORSE (S) IS/ARE BOARDED AT THE STABLE, STABLE SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY WHICH MAY BE SUFFERED BY THE HORSE (S) OR ANY OTHER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF SAID HORSE (S), EXCEPT IN THE EVENT OF GROSS NEGLIGENCE ON THE PART OF STABLE, ITS AGENTS, AND/OR EMPLOYEES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY PERSONAL INJURY OR DISABILITY THE HORSE LESSEE, OR LESSEE’S GUEST, MAY RECEIVE ON STABLE'S PREMISES. The Lessee fully understands that Stable does not carry any insurance on any horse(s) 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(s) in the possession of, and on the premises of Stable are to be borne by the Lessee. Stable strongly recommends equine mortality insurance be obtained applicable to the subject horse(s) by Lessee. THE LESSEE IS RESPONSIBLE FOR THE FEEDING AND CARE AND WELBEING OF THEIR HORSE(S). IN NO EVENT SHALL STABLE BE HELD LIABLE TO LESSEE FOR EQUINE DEATH OR INJURY IN AN AMOUNT IN EXCESS OF ONE THOUSAND DOLLARS ($1,000) PER ANIMAL. LESSEE AGREES TO OBTAIN EQUINE INSURANCE FOR ANY ANIMALS VALUED IN EXCESS OF TWO THOUSAND DOLLARS ($1,000), AT LESSEE’S EXPENSE, OR FOREGO ANY CLAIM FOR AMOUNTS IN EXCESS OF ONE THOUSAND DOLLARS ($1,000). LESSEE AGREES TO DISCLOSE THIS ENTIRE AGREEMENT TO LESSEE'S INSURANCE COMPANY AND PROVIDE STABLE WITH THE COMPANY'S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO DISCLOSE INSURANCE INFORMATION SHALL BE AT LESSEE'S RISK. 4. HOLD HARMLESS. Lessee agrees to hold Stable harmless from any and all claims arising from damage or injury caused by Lessee’s horse(s) to anyone, and defend Stable from any such claims. Lessee agrees to disclose any and all hazardous or dangerous propensities of horse(s) boarded with Stable. Lessee acknowledges that all guests, visitors and employees of the Lessee must agree to the Stable rule, regulations and Hold Harmless Agreement. The must register on the property on the website (myRaceFarm.com) otherwise they are trespassing. 5. EMERGENCY CARE. Stable agrees to attempt to contact Lessee should Stable feel that medical treatment is needed for said horse(s), but, if Stable is unable to contact Lessee, Stable is then authorized to secure emergency veterinary, and blacksmith care required for the health and well-being of said horse(s). All costs of such care incurred shall be paid by Lessee within fifteen (15) days from the date Lessee receives notice thereof, or Stable is authorized, as Lessee's agent, to arrange direct billing to Lessee. STABLE SHALL ASSUME THAT LESSEE 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 LESSEE'S INFORMATION SHEETS, BY LESSEE THAT THE HORSE (S) IS/ARE NOT SURGICAL CANDIDATES. Lessee agrees to notify Stable of any and all change of addresses, emergency telephone numbers, itineraries or other information reasonably necessary to contact Lessee in the event of an emergency. In the event Lessee departs for vacation or is otherwise unavailable, prior to departure Lessee shall notify Stable as to what party is authorized to make decisions in the Lessee's place with regard to the health, wellbeing, and/or medical treatment of the horse(s). 6. PROPERTY DAMAGE. Lessee accepts entire responsibility for all damages to Stable property caused by Lessee, Lessee’s Horse(s), guests or employees. Lessee agrees to pay all costs of repairs and/or replacements of Stable property within thirty (30) days from the date Lessee receives notice thereof, or Stable is authorized, as Lessee's agent, to arrange direct billing to Lessee. 7. LIMITATION OF ACTIONS. Any action or claim brought by Lessee against Stable for breach of this Agreement or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs. 8. SHOEING AND WORMING. Lessee agrees to provide the necessary shoeing and worming of the horse(s) as is reasonably necessary, at Lessee's expense. Lessee agrees to provide Stable with all health records with regard to the horse(s). Lessee agrees to have the horse(s) wormed and vaccinated on a regular schedule, and in the event 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 Lessee, 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 is submitted to the Lessee. 9. OWNERSHIP-COGGINS TEST. Lessee will provide proof satisfactory to Stable of the negative Coggins test and horse ownership upon request. 10. CHANGES OR TERMINATION OF THIS AGREEMENT. It is agreed by the parties that this Agreement may be changed or terminated upon thirty (30) days’ notice, regardless of the rental period. All notices must be issued in writing unless otherwise agreed upon by the parties. The posting of updated rate schedules in a conspicuous or open place in Stable's office shall constitute notice of any and all rate changes or regulation changes as may be deemed appropriate by Stable. 11. RULES AND REGULATIONS. The Lessee agrees to abide by all the rules and regulations of the Stable. In the event someone other than the Lessee shall call for the horse(s), such person shall have written authority signed by the Lessee to obtain said horse(s). 12. RIGHT OF LIEN. The Lessee 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 stall rent, property damage, and keep of such horse(s), and also for storage and services, and shall have the right, without process of law, to retain said horse(s) until the amount of said indebtedness is discharged. However, Stable will not be obligated to retain and/or maintain the horse(s) in question in the event the amount of the bill exceeds the anticipated unregistered value of the horse(s). In the event Stable exercises Stable's lien rights as above-described for non-payment, this Agreement shall constitute a Bill of Sale and authorization to process transfer applications from any breed registration as may be applicable to said horse(s) 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. In the event collection of this account is turned over to an attorney, Lessee agrees to pay all attorney's fees, costs, and other related expenses for which a minimum charge of $500.00 will be assessed. 13. PROPERTY IN STORAGE ON STABLE'S PREMISES. Lessee may store certain tack and equipment on the premises of Stable at no additional charge to Lessee. However, Stable shall not be responsible for the theft, loss, damage or disappearance of any tack or equipment or other property stored at Stable as same is stored at the Lessee's risk. Stable shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment. Vehicles stored upon the premises will be subject to a $10/day storage cost for all delinquent accounts. 14. INHERENT RISKS AND ASSUMPTION OF RISK. The undersigned 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. 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. 15. ENTIRE AGREEMENT. This contract represents the entire agreement between the parties. No other agreements, promises, or representations, verbal or implied, are included herein unless specifically stated in this written agreement. This contract is made and entered into in the State of New York, and shall be enforced and interpreted in accordance with the laws of said State. 16. ENFORCEABILITY OF CONTRACT. 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. 17. PAYMENTS: All payments should be made by check payable to: The Winners Circle Stables, LLC P.O Box 796, Williamsville, NY 14231, Or paid online at MyRaceFarm.com ( there is a 3% service charge for online payments). |
