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KILHAM FARM BOARDING CONTRACT 

 

This Boarding Contract ( “ Contract ” ) is entered into this day of May 9, 2024 by and between Kilham Farm, Inc, a California Corporation and the owner or parent or guardian of the minor owner ( " Owner " ) of the horse or horses named in this contract .

Agreement

In exchange for the mutual promises set forth below , the parties agree as follows :

1. Boarding . Owner shall board the following horse or horses at Kilham Farm :

2 . Release and Indemnification Agreements . Owner ' s execution and delivery to Kilham Farm of that certain Release and Indemnification Agreement is a condition precedent to Kilham Farm ' s obligation to Owner under this Boarding Contract . Owner acknowledges and agrees that the terms of the Release and Indemnification Agreement are incorporated herein by reference as if set for herein in their entirety .

3 . Insurance . Owner shall provide Kilham Farm copies of any insurance policies for coverage of the Owner ' s horse ( s ) . Owner shall maintain at all times insurance coverage for any and all personal property brought onto the premises of Kilham Farm by Owner . Kilham Farm shall not responsible for the loss or damage of any personal property .

4 . Boarding . Owner hereby elects to board the horse ( s ) listed in paragraph 1 in the following type of boarding facility at Kilham Farm which is initialized by Owner below :
stall
paddock
pasture

  • No guarantee can be made by Kilham Farm to Owner that the particular facility choice is available
  • No guarantee can be made as to the exact location of the facility
  • No guarantee can be made that the facility will be retained by an Owner over a period of time . Kilham Farm may find it necessary to move horses from time to time .
  • Owner acknowledges that a pasture situation is with other horses and the Owner ' s horse ( s ) may be injured . Owner hereby agrees to indemnify and hold harmless Kilham Farm for any injuries .

Feed included in the boarding service fee , paragraph 6 , is equal to 2 flakes of oat hay or the equivalent , alfalfa , a combination thereof , morning and night .

5 . Additional Services . Owner hereby elects to receive the additional services which are initialized by Owner below : If owner wishes to change any of these services listed above , then Owner shall provide Kilham Farm with no less than forty - eight ( 48 ) hours notice to the office . : additional feed above the basic allotment : trailer parking grooming assistance

6 . Fees . Owner shall pay the following fees to Kilham Farm on or before the first calendar day of each month . Fees are subject to change by Kilham Farm upon ( 30 ) calendar days prior written notice to Owner . Payment of fees may be made with cash , check or credit card .

Boarding Feeds . Boarding service fee of $ __ per month . See attached rate sheet . . Additional feed . Extra Feed and lunches . Flat fee for horses needing extra hay or equine senior , and feeding of additional supplements , does not include purchase of supplements and / or vitamins . Monthly Training Program . Training fee of $ _ - per month . See attached rate sheet . Includes lessons , professional schooling , turnouts , longing , blanketing , and overall care as needed .

7 . Late Payment Owner shall pay to Kilham Farm a late payment penalty in the amount of $ 35 per horse for any payment which is seven ( 7 ) calendar days or more past due . If the payment has not been received by the tenth ( 10 ) calendar day , the late fee shall increase to $ 50 per horse.

In addition , the amount of such late payment shall bear interest at the lesser of 10 % or the maximum legal rate from the due date of such payment until the date of payment . Owner acknowledges and agrees that , pursuant to California Civil Code Section 3080 et seq . , Kilham Farm has a general livestock service lien upon Owner ' s horse ( s ) to secure payment of all amounts due hereunder . Further , the parties agree that if any payment due and owing by Owner to Kilham Farm remains outstanding for sixty ( 60 ) calendar days or more , Kilham Farm may sell Owner ' s horse ( s ) and apply the proceeds to the outstanding amount owed by Owner , pursuant to the provisions of the California Civil Code Sections 3080 et seq . The foregoing sentence shall not be deemed nor interpreted to limit Kilham Farm's other rights and remedies in law and equity in the event of late payment or nonpayment by Owner.


You agree to pay the late payment if your fees are not paid in the first seven calendar days of each month .

8 . Security Deposits . Concurrently with Owner ' s execution of the Contract , Owner shall pay to Kilham Farm and security deposit in the amount of one full month board as security for the performance of Owner ' s obligations under this Contract . Upon any increase in board service fees as described in Section 6 . 1 , Owner shall pay to Kilham Farm the difference . Kilham Farm may use , apply or retain all or any portion of the deposit for the payment of fees , late penalties and interest or to compensate Kilham Farm for any loss or damage that it may suffer because of the actions or inactions of Owner or Owner 's horse (s) . If Kilham Farm uses or applies any portion of the deposit , Owner shall within ten ( 10 ) calendar days after demand by Kilham Farm , deposit cash with Kilham Farm in an amount sufficient to restore the deposit in full and Owner ' s failure to do so shall constitute a material breach of this Contract . Kilham Farm shall not be required to keep the deposit separate from its general accounts . If Owner performs all of Owner ' s obligations hereunder , the deposit or the amount not applied or used by Kilham Farm , shall be returned to Owner without interest within thirty ( 30 ) calendar days after the date of the termination of the Contract .

As stated above , you may no use your security deposit as your last month board .


 

9 . Health of Horse ( s ) . Owner represents and warrants to Kilham Farm that O wner ' s horse ( s ) are free from infectious , contagious and transmissible disease . Kilham Farm may in its sole discretion , quarantine Owner ' s horse ( s ) for a period of seven ( 7 ) calendar days or more upon arrival of the horse ( s ) to Kilham Farm . Kilham Farm shall arrange for routine worming and vaccination for Owner ' s horse ( s ) by a licensed veterinarian at Owner ' s expense . If Owner elects not to include Owner ' s horse ( s) in such routine vet treatment , Owner shall provide Kilham Farm with written notice together with documentation from the Owner ' s vet confirming that Owner ' s horse ( s ) have met the vaccination and worming requirement of the barn . In the event of illness of injury of O wner ' s horse ( s ) , Kilham Farm shall have the right to retain a licensed vet for treatment of the horse ( s ) at Owner 's expense . Owner hereby authorizes Kilham Farm to administer any treatment and / o r medication prescribed by , and under the direction of , such licensed vet . Upon diagnosis of extreme and fatal suffering of Owner ' s horse ( s ) by a licensed vet , Owner hereby authorizes Kilham Farm to arrange for a licensed vet to administer euthanasia for such horse ( s ) at Owner ' s expense . If an Owner ' s horse must be trailered to a vet hospital , Kilham Farm will not be responsible for location and providing such transportation .

10 . Rules and Policies . Owner hereby acknowledges receipt of the rules and policies of Kilham Farm and agrees to abide by the same .


  You have received and read the policies of Kilham Farm .

 Owner hereby acknowledges that Owner hereby agrees to indemnify and hold harmless Kilham Farm for any claims , obligations , or liabilities with respect to any injury caused by Owner's dog , on or off a leash .

  Owner hereby acknowledges that minors must be supervised at all times .

11 . Guests and Invitees . Prior to , or at the time , any guest or invitee of Owner shall be permitted onto the premises of Kilham Farm , such person must first sign and deliver to Kilham Farm a copy of Kilham Farm ' s Release and Indemnification Agreement then in effect . In addition , the parents or legal guardians of any minor also first sign and deliver to Kilham Farm a copy of its Release and Indemnification Agreements then in effect applicable to minors . Any minor invited or permitted to be on the premises of Kilham Farm by Owner must be supervised by a responsible adult at all times . Any breach of this paragraph by Owner shall constitute a material breach of this Contract ( Owner ' s initial ) you know where the Releases are kept ( outside the office ) and understand the above responsibility .

12 . Termination . This Contract shall terminate and Owner shall remove Owner ' s horse ( s ) from Kilham Farm upon the first to occur of the following events .

12 . 1 Within seven ( 7 ) calendar days after Kilham Farm , in its sole and absolute discretion , has notified Owner in Writing that Owner ' s horse ( s ) are dangerous , unreasonably disruptive or has an infectious , contagious or transmittable disease ;

12 . 2 Thirty ( 30 ) calendar days after either party provides the other party with prior written notice of termination ; or 12 . 3 Within forty - eighty ( 48 ) hours after Kilham Farm delivers written notice to Owner setting forth Owner ' s material breach of this contract. ( Owner ' s initials ) Under paragraph 12 . 2 , there is no refund of board if the Owner leaves prior to 30 days . Under paragraph 12 . 1 and 12 . 3 , the horse and property must be removed within the stated time and there is not refund of board . See paragraph 8 for any return of the security deposit .

13 . Authority . Owner represents and warrants to Kilham Farm that Owner has full legal authority to enter into and perform this Contract and that Ow need the consent of any third party with respect to the same .

14 . Assignment . Neither party may assign this Contract without the express written consent of the other party .

15 . Notices. All notices and other communication required or permitted under this Contract shall be in writing and shall be deemed to have been duly given ( i ) on the date of personal delivery , if personally served on the party to whom the notice is given , or ( ii ) on the second ( 2nd ) business day after mailing , by first class certified mail , return receipt requested . Owner shall notify Kilham Farm in writing promptly upon any change of address or phone number .

16 . Governing Law ; Prevailing Party . This Contract shall be construed and enforced in accordance with the laws of the State of California . In the event there is a prevailing party in any action relating hereto , the prevailing party shall recover from the losing party all costs , including , but not limited to , all reasonable attorneys ' and exert witnesses ' fees and costs paid by the prevailing party . The parties expressly waive any right to have any dispute determined by a jury .

17 . Entire Agreement . The parties agree that , except for the Release and Indemnification Agreements , there are no other agreements or understandings between them relating to the subject matter of this Contract. This Contract supercedes all prior agreements or understandings , oral or written , between the parties and is : intended as a complete and exclusive statement of the agreements between the parties . This Contract may only be modified or amended by a written document signed by both parties .

IN WITNESS WHEREOF , the parties have executed this Contract as of the date set forth above . 

DATED: May 9, 2024

First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Boarding service fee of $ per month

Training fee of $ per month
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Boarding service fee of $ per month

Training fee of $ per month
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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