THIS AGREEMENT, for good and valuable consideration receipt of which is hereby acknowledged, dated below, made by and between Regina Esterman of Haile Equestrian LLC, hereinafter referred to as "MANAGER", providing services as an independent contractor, located at 7680 SW 46th Blvd., Gainesville, FL 32608 and the undersigned, hereinafter referred to as "OWNER." These parties warrant that they have the right to enter into this AGREEMENT.
1. FEES, TERMS AND LOCATION
In consideration of $ (selected below) per horse per month paid by OWNER in advance on the first day of each month, MANAGER agrees to board the herein described horse commencing (date below) Partial months boarding shall be paid on a pro rata basis based on the numbers of days boarded in a standard 30 day month. Late Fees: Boarding fees paid after the third day of the month will be subject to a late fee of 3% per day. Fees can be paid by check, cash, money order, or cashiers check. Credit cards are accepted with a 4% processing fee. All deposits to hold stalls for future boarding and pre-paid boarding payments are non-refundable.
2. DESCRIPTION OF HORSE (below)
3. FEED AND FACILITIES
MANAGER agrees to provide the following, in addition to normal and reasonable care and handling to maintain the health and well being of the horse.
- $675/month main barn, $650/month wood barns
-Twice daily feedings of Buckeye feed (or equivalent, up to 4 lbs per feeding) and coastal hay
-Daily stall cleaning
and weekly rebedding
-Daily small group or private turnout
-Use of private tack locker
-Blanketing (one blanket on/off included in board when below 50°F, additional charge for more)
-Fly mask on/off, fly spraying (additional charges for fly sheets, etc)
-Up to 5 days per month layup (in stall 24/7, double stall cleaning/hay), $10/day after 5 days
If the additional feed is requested beyond 1 scoop (4 lbs) twice daily, it will be charged at $50 per half scoop fed at two feedings per day (at cost). If different hay is requested, it will be charged per bale at the market cost from Sparr Building and Farm Supply. No delivery fee will apply if ordered with the farm's routine feed delivery.
OWNER agrees to keep the said horse in good health and physical condition. OWNER acknowledges OWNER has inspected the facilities and finds them in safe and proper order, and additionally agrees that they are satisfactory. OWNER also agrees to pay for any property damaged by the horse beyond normal wear and tear. Damages include, but are not limited to fencing, buckets, stall boards, hardware, and stable supplies.
Upon arrival of horse to MANAGER proof of current rabies, tetanus, EEE, WEE, rhinopneumonitis, and west nile vaccinations are required. A current negative Coggins test is also required for all horses. While boarded at MANAGER’s facility, OWNER agrees that the horse will be vaccinated every six months for tetanus, EEE, WEE, rhinopneumonitis, and west nile, as well as annually for rabies, and proof will be provided to MANAGER. If OWNER does not provide proof of vaccinations, MANAGER has the right to secure vaccinations by a licensed veterinarian for the horse at cost of the OWNER.
OWNER is responsible for deworming their own HORSE and presenting MANAGER with proof of deworming at least every three months. If OWNER does not provide proof of deworming, MANAGER has the right to deworm the horse at cost of the OWNER. OWNER may elect to provide the results of a negative fecal float instead of deworming their horse.
6. RISK OF LOSS
OWNER understands that keeping horses at any stable, including the MANAGER’s premises, is inherently risky. For example, in common areas, such as arenas, tie racks and wash racks, other horses could bite, kick, run into or otherwise injure such horses. Similarly, horses could suffer bites, kicks or other injuries from other horses in neighboring paddocks or runs. Horses may be allergic to feed or bedding materials and they may catch diseases or other contagious conditions from other horses. Farm machinery, traffic or other hazards may spook the horses. Horses may become cast, be bitten or kicked by neighboring horses or otherwise become injured. In wet or cold weather, paddocks, and runs may become muddy or slippery, injuring horses. Footing on the premises, including pasture, paddock, run, round pen and arena footing can contain holes, rocks, and uneven portions or otherwise be unpredictable. Horses in shared pasture or shared paddocks may be bitten or kicked by other horses, consume plants, trees or other items that may injure or kill them, be bitten by poisonous snakes or other animals, become tangled in fencing, or be injured by stepping in animal holes, on rocks or other natural hazards. Horses in pasture may founder or colic as a result of the grasses and other plants available for grazing. As at any stable, there is always a risk of fire or theft. OWNER understands and expressly assumes all risks of keeping horses on the MANAGER’s premises, including the risk that MANAGER, owners, employees, contractors and agents (collectively, the "MANAGER’s Parties") may be negligent. Accordingly, OWNER, on behalf of OWNER's heirs, successors and assigns, agrees to hold the MANAGER Parties harmless for loss of or injury to horses.
7. HOLD HARMLESS
OWNER agrees to hold MANAGER harmless from any claim resulting from damage or injury caused by said horse, OWNER or his guests and invitees, to anyone, including but not limited to legal fees and/or expenses incurred by MANAGER in defense of such claims.
8. EMERGENCY CARE
MANAGER agrees to attempt to contact OWNER, at the following emergency telephone number listed below, should MANAGER feel that medical treatment is needed for the said horse, provided however, that in the event the MANAGER is unable to so contact OWNER within a reasonable time, which time shall be judged and determined solely by MANAGER, MANAGER is then hereby authorized to secure emergency veterinary care and/or blacksmith care, and by any licensed providers of such care who are selected by MANAGER, as MANAGER determines is required for the health and well-being of the said horse up to the amount listed below. The cost of such care secured shall be due and payable by OWNER within fifteen days from the date OWNER receives notice thereof, provided however, that MANAGER is authorized to arrange direct billing by said care provider to the OWNER.
9. STABLE RULES
Owner hereby acknowledges receipt and understanding of the current MANAGER Rules, which are incorporated by reference in full, as if fully set forth herein. OWNER agrees he/she and his/ her guests and invitees will be bound and abide by these Rules, and accepts responsibility for the conduct of his guests and invitees according to these Rules.
MANAGER may revise these Rules from time to time and OWNER agrees any revision shall have the same force and effect as current Rules. Failure, as determined in MANAGER’s sole discretion, of OWNER or OWNER’s guests and invitees to abide by MANAGER Rules may result in MANAGER declaring OWNER in default hereunder and result in termination of this AGREEMENT.
Either party may terminate this AGREEMENT for failure of the other party to meet any material terms of this AGREEMENT, including but not limited to item 9 Stable Rules. In the case of a default by one party, the other party shall have the right to recover legal fees and expenses, if any, incurred as a result of said default. Any payment due MANAGER under this AGREEMENT shall be due and payable prior to the horse leaving the facility. Failure to make any payment by said due date shall place OWNER in default hereunder. Acceptance by MANAGER of any late payment shall not constitute a waiver of subsequent due dates or determinations of default.
11. TERM OF AGREEMENT & NOTICE OF TERMINATION
OWNER agrees that thirty (30) days notice shall be given to MANAGER as to the termination of this AGREEMENT. Should the OWNER choose to move the horse prior to the end of the 30 days notice, the OWNER is responsible for full payment of boarding fees through the end of the 30 days.
12. RIGHT OF LIEN
OWNER is put on notice that MANAGER has and may assert and exercise a right of lien, as provided for by the laws of the State of Florida for any amount due for the board and keep of the horse, and also for any storage or other charges due hereunder, and further agrees MANAGER shall have the right, without process of law, to attach a lien to your horse after one (1) months of non-payment or partial payment and MANAGER can then sell horse to recover its loss.
13. PROPERTY IN STORAGE ON STABLE PREMISES
OWNER may store certain tack, equipment, and horse trailers on the premises of MANAGER at no additional charge to OWNER. However, MANAGER shall not be responsible for the theft, loss, damage or disappearance of any tack, equipment, horse trailer, or other property stored with the MANAGER as same as stored at the OWNERS risk.
If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be in any way impaired.
This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Each party shall perform its obligations herein in accordance with the terms and conditions of the Agreement. Venue for purposes of any action brought to enforce or construe this Agreement shall lie in Alachua, County, Florida.
16. WAIVER OF BREACH
The failure on the part of either party to enforce any material provision of this Agreement on any single occasion shall not constitute a waiver of a right to enforce any and all material provisions of this Agreement
Under Florida law, an equine activity sponsor or 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.
THIS AGREEMENT IS SUBJECT TO THE LAWS OF THE STATE OF FLORIDA.
Executed at 7680 SW 46th Blvd., Gainesville, FL 32608 on the date first set forth below.
Under Florida law, an equine activity sponsor or 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. FLORIDA STATUTES 1993, Title XLV TORTS, CHAPTER 773 EQUINE ACTIVITIES, Fla. Stat. § 773.01 (1993).
1. I, the undersigned, signing as the legal parent or guardian of the minor (if applicable), have read and understand, and freely and voluntarily enter into this Release and Hold Harmless Agreement with Regina Esterman and Mauricio Cazanova, Plantation Community Club LLC, their agents and employees, collectively known as Haile Equestrian LLC (“Farm”), understanding that this Release and Hold Harmless Agreement is a waiver of any and all liability(ies).
2. I have read and fully understand the “WARNING” posted above.
3. I understand the potential dangers that I could incur in mounting, riding, walking, boarding, feeding said horse; including, but not limited to, any interactions with other horses. Understanding those risks I hereby release that Farm, its officers, directors, shareholders, employees and anyone else directly or indirectly connected with that Farm from any liability whatsoever in the event of injury or damage of any nature (or perhaps even death) to me or anyone else caused by or incidental to my electing to mount and ride a horse owned or operated by Regina Esterman, Mauricio Cazanova, or Eclipse Sporthorses LLC. I have read and understand FLORIDA STATUTES for EQUINE ACTIVITIES, Fla. Stat. § 773.01 (1993).
4. I understand and recognize and warrant that this Release and Hold Harmless Agreement, is being voluntarily and intentionally signed and agreed to, and that in signing this Release and Hold Harmless Agreement I know and understand that this Release and Hold Harmless Agreement may further limit the liability of equine professionals beyond that statutorily provided by the above referenced Florida Statutes; to include any activity, whatsoever, involving an equine, including death, personal injury and/or damage to property.
5. I recognize and agree that I know which equine professional(s) I will be working with, and acknowledge that I agree said equine professional(s) has/have made reasonable and prudent efforts to determine my ability to engage in the equine activity, and has/have sufficient knowledge of my equine and horseback riding skills as to relieve, release and hold harmless said equine professional(s) from any continuing duty to monitor my equine activities.
6. I further voluntarily agree and warrant to Release and Hold Harmless this (these) equine professional(s) from any liability whatsoever, including, but not limited to, any incident caused by or related to said equine professional’s (s’) negligence, relating to injuries known, unknown, or otherwise not herein disclosed; including, but not limited to, injuries, death or property damage from: mounting; riding; dismounting; walking; grooming; feeding; use of horse barn, paddock, trails or horse ring, in any capacity; falling off horse whether horse is bucking, flipping, spooked; or my failure to understand any equine professional’s directions relating to my riding or otherwise use and control, or lack thereof, of my horse or the horse I have been assigned to.
NOTICE: Wearing an ASTM/SEI approved hard hat is REQUIRED for ALL independent riders. Wearing an ASTM/SEI approved hard hat is HIGHLY RECOMMENDED, but not required for leadline horse or pony rides.
By signing this agreement, you certify that you are at least 18 years of age.
I am voluntarily entering into this Release and Hold Harmless Agreement
Additional Services Available by Request
*Rates subject to change**
Service - Rate
Holding for outside vet/farrier, up to 30 minutes $20
Holding for dental, up to 1 hour $30
Blanket on or off (for pasture boarded horses) $5
Blanketing for pasture boarded horses $50/month
Double blanketing $50/month
Topical or oral medication, once daily, under 5 minutes - No Charge
Wrap or medicate (under 5 minutes) $5
Wrap or medicate (5-15 minutes) $10
Full body clip $150
Face, whisker, bridle path clip $30
Mane pull or trim $25
Tail detangle and condition $25
Ground work/lunging, 30 minutes $35
Ground work/lunging, 1 hour $55
Training ride, 1 hour $55
Private riding lesson, 1 hour $55
Groom/tack for ride $10
Groom/tack/untack for ride $15
Layup, first 5 days of month - No Charge
Layup, beyond 5 days, double hay/stall cleaning - $10/day
$50 + $1.50/loaded mile ($75 minimum)
Long distance transport - Inquire for rates