Aurum Equestrian, LLC Boarding Agreement This Agreement is made and entered into this April 27, 2025 and between (“Boarder”) and Aurum Equestrian, LLC (“Farm”) doing business at 11230 E. Daley Circle, Parker, Colorado, 80134. Said place of business is referred to herein as the "premises." This Agreement concerns the standards and criteria for the case of the horse (the "Horse") described on the attached Boarding Information Sheet and incorporates as part of this Agreement the posted Designation of Services and Care (the "Fee Schedule"). Services and Charges a. Farm agrees to board and feed the Horse at the Premises and to provide such other available services as Boarder may request from time to time. Farm may require written confirmation from Boarder of any services requested by the boarder prior to the rendering of same, but Farm's failure to require or receive written confirmation shall not relieve Boarder of its obligation to pay for services actually performed or furnished by Farm at request of Boarder or any authorized rider/handler. b. Boarder agrees to compensate Farm for its services pursuant to this Agreement at the rates set forth in the Farm's Fee Schedule. A copy of the Farm's current fee schedule is posted in the barn and may be requested by email. There are no reductions in rates while Horse is off premises for extended periods of time due to competition or travel if Boarder wishes to retain the stall. The Fee Schedule may be changed by the Farm from time to time, by posting a revised fee schedule for public view at the Farm, any such change to be effective from and after the date set forth therein, which shall not be less than thirty (30) days after the date of the first posting. The terms of this Agreement shall continue in full force and effect unless specifically negated in the revised Fee Schedule. All fees due Farm must be paid prior to the removal of the Horse from the Premises. c. Boarder agrees to a final month of board to be held on deposit due prior to move in. Upon termination of this agreement, the final month of board will be charged at the difference between the going rate at move out and the amount on deposit. This shall be paid in full prior to the removal of the horse from the premises. Veterinarian and Treatment Farm will inspect the Horse daily, and, if in its sole judgment, it determines the animal to be injured or sick, Farm will notify Boarder. If Farm is unable to contact Boarder, Farm will contact the Veterinarian designated on the Boarding Information Sheet. If Farm cannot contact designated Veterinarian, Farm may contact a veterinarian of its choice. Farm reserves the right to have the Horse examined and treated by veterinarian of Farm's choice at any time Farm deems such examination prudent for the welfare of the Horse, or other animals on the Premises. If, in the exercise Farms reasonable judgement, Farm determines that a veterinarian or an employee of Farm should examine or administer medical aid or medicine to the Horse, Boarder agrees to pay or reimburse Farm for cost of same, and to hold Farm harmless from any liability for the actions of the veterinarian, trainer or employee. Farm assumes no liability for injury or death of the Horse from acts of God, illness or injury, and Boarder expressly waives any claim against Farm therefore. Release of Liabilities Boarder agrees to hold Farm harmless and indemnify Farm from all claims of any sort, whether for damage illness or injury to person or property, arising from acts of Boarder, authorized riders, guests, minor children, or agents of Boarder b. Boarder acknowledges that the Horse may become ill or injure itself or may be injured on the Premises or while being transported or cared for by Farm. Such injuries and illnesses are assumed by Boarder as a risk of ownership and Boarder waives any claim against Farm, its agents and employees, for any such damage, illness or injury. c. Boarder agrees to hold Farm harmless if the Horse should escape Farm assumes no responsibility should the Horse escape other than for attempts to recapture the Horse which can be effected unreasonable harm to the Horse, people or property. d. Boarder agrees to hold Farm harmless and indemnify Farm from all claims regarding illness, injury or damage to third parties or their property arising from the acts of the horse. e. Boarder acknowledges the wild fire risk inherent in the area and agrees to hold farm, owner and/or employees harmless in the event of a wildfire. Farm assumes no liability for Horse or property for wildfire risk. f. Boarder acknowledges the use of video equipment in and around the property to protect the horses, equipment, and staff as well as documenting any accidents that may occur. Tack and Storage Farm will provide a locker or tack room for tack and related equipment of Boarder but assumes no liability or responsibility for the care and safekeeping of the same. Boarder assumes all responsibility for damage, loss or theft of any personal property left on the Premises, and waives all claims against Farm for said damage, loss or theft. Any personal property left on the Premises twenty four hours after termination of this Agreement shall be deemed abandoned and become property of the facility Rules Boarder acknowledges receipt of a copy of Farm's General Rules and Regulations and its statement of Admission and Boarding Procedures, and Boarder agrees to be bound by them. Said Rules, Regulations and Procedures may be amended by Farm on mailing a copy of same, as amended, to Boarder. Farm may in its sole discretion terminate this agreement for failure of Boarder or Boarder's authorized riders, guests or invitees to obey Farm's Rules, Regulations and Procedures. In the event of such termination, Boarder will have twenty four (24) hours to remove the Horse and all Boarder's personal property from the Premises. Termination Farm may terminate this Agreement without cause by giving 30 days written notice to Boarder. Boarder shall give 30 days written notice to Farm before terminating this Agreement. Final month of board will be applied on the month beginning on the 1st day of the month following receipt of notice of termination. After termination of this Agreement by either party (including termination by Farm pursuant to Section 5 above), the Horse shall be removed immediately from its stall and the Boarder will pay $100.00 for each day which the Horse remains on the Premises. Prorated board for any partial month on move in will be charged at the amount stated on the most current fee schedule. Ownership of Horse Boarder warrants that ownership of the Horse, and Boarder's interest therein, is as set forth on the Boarding Information Sheet attached hereto, and that the Boarder 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 interesting the Horse, Boarder agrees to furnish the Farm with satisfactory evidence of Boarder's right of possession and control of the Horse. Until such evidence is received, the Farm may (but shall not be required to) retain possession of the Horse, and take such action as it deems reasonable to resolve the conflicting claims and to preserve and protect the Horse and its health and safety; notwithstanding any evidence to the contrary of the Boarder or any third party, Boarder agrees to indemnify and hold the Farm harmless from any loss, liability, cost or expense (including attorney's fees and court costs) arising out of the exercise by Farm of its rights under this paragraph 7 Due Date Charges accrued hereunder, as set forth on the Farm's Fee Schedule, together with any unpaid charges for goods and services provided by the Farm to or for the account of the Boarder, shall be automatically charged by credit card on the 1st of the month. All such charges shall be due and payable in full on the fifth of each month and shall become delinquent and subject to a Finance Charge if not paid at that time. Finance Charge Boarder agrees to pay the Farm a Finance Charge on all amounts which become delinquent pursuant to paragraph 8 above. Such Finance Charge will be charged and accrued in the amount of 10% per month. Accounts remaining delinquent after thirty days are subject to termination of this agreement by the Farm in accordance with paragraphs 5 and 6. Security Interest a. Boarder hereby grants to Farm a Security Interest in and to the Horse, and all horses, tack and related equipment of Boarder whether owned or leased now or hereafter stored or located on the Premises, and all proceeds and products thereof as collateral to secure payment of all sums now or hereafter owed by Boarder to Farm. In the event Boarder is delinquent in payment of any amounts owing to Farm, Farm may proceed under the Uniform Commercial Code as to all or any part of the collateral and shall have and may exercise all rights, remedies and powers of a secured party under the Uniform Commercial Code, including, without limitation, the right and power to take exclusive possession of, and to sell same in any manner provided in the Uniform Commercial Code. b. Boarder agrees that any notice required by the Uniform Commercial Code shall be sufficient if mailed postage prepaid, to Boarder, 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 the Farm, including attorney's fees, legal expenses, brokerage fee, stabling, transport and cost, shall be added to the indebtedness secured by the security interest herein above granted, and Boarder shall be liable therefore. Any copy of this instrument which is signed by Boarder may be filed by Farm as a financing statement under the Uniform Commercial Code. Agistor's Lien Farm shall have a lien against the Horse and other personal property of Boarder on the Premises for amounts owing by Boarder to Farm pursuant to this Agreement, in accordance with the Colorado Property Code. In addition to any other available remedies, the Horse and said property may be sold, subject to the provision of the Colorado Property Code, and the proceeds applied by the Farm in satisfaction of the Boarder's account. Arbitration of Disputes If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, either party shall be entitled to initiate proceedings to settle the dispute by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Emergency Interim Relief Procedures) and judgment on the award rendered by the arbitrators shall be final, non-appeal able and may be entered in any court having jurisdiction thereof. OR In the event of any dispute or disagreement relating in any manner whatsoever to this Agreement the parties agree to submit the dispute to binding arbitration by and according to the rules of Equine Dispute Resolution Service (EDRS), within thirty (30) days of any declaration of impasse by EDRS. Liability Insurance Boarder warrants that he/she presently carries in full force and effect, and throughout the period of this Agreement shall continue to carry and maintain in full force and effect, liability insurance protection Boarder and Farm from any claims arising out of or relating to this agreement. Miscellaneous This agreement supersedes any and all prior agreements between Farm and Boarder, with respect to the Horse and constitutes the entire agreement between parties with respect thereto. This Agreement shall not be amended or modified except by written instrument signed by Boarder and Farm. This agreement shall be for the benefit of and bind the heirs, executors, administrators, assigns and successors of parties hereto. (entered electronically) Aurum Equestrian, LLC Farm Rules and Regulation
- All riders and persons handling a horse must sign a release before riding and/or handling and horses in any way. Boarders are responsible for having guests sign the Aurum Equestrian Liability Release Form.
- Speed Limit on the property is limited to 5 MPH for the safety of the horses and riders.
- Children under 12 years old are required to be supervised.
- Parents of riding school children must be on premises during their kids lessons
- Current ASTM approved equestrian safety helmet and boots with heels must be worn at all times while mounted on Farm Property (NO EXCEPTIONS).
- Horses must be kept under control at all times, either attached to cross ties or attached to a human or in a stall/paddock.
- All jumping must be in a lesson situation with an approved Aurum Equestrian, LLC trainer.
- Absolutely NO LUNGING in any arena when a rider is present without permission. Horses under saddle have priority in all arenas. It is preferred that lunging take place in the lunging room.
- Lessons have priority in the arenas.
- Horses flatting must give way to horses jumping.
- Pass left shoulder to left shoulder unless communicated otherwise.
- Do not walk two abreast in the arena if other riders are present.
- No turn out in the indoor or outdoor arena due to arena footing destruction.
- Twenty feet of free space must be left around the barn at all times for emergency service.
- When snow is present, do not park under the stable eaves for risk of falling snow.
- Horses may be in their stables with a stall guard only if the responsible party is present in the barn.
- Feed, medications, supplements, and treats must be stored in rodent proof containers and stored in the feed room, or in the individuals' locker.
- Smoking is prohibited in all areas indoors and outdoors on the property.
- Dogs are not allowed at Aurum Equestrian, please leave them at home or in your car.
- Turn off all lights if you are the last person riding
- Grooming must be done in the grooming stalls, farrier stall, or the horses individual stall. Wash stalls are for washing only. It must be understood that dirt, hair, and hoof pickings will clog the drains in the wash stalls and so must be cleaned up after use. Please pick feet before using the wash stalls.
- All manure in the arena must be picked up immediately. Manure is damaging to our footing, therefore it is of utmost importance to pick up manure before it is ridden through.
- Clean up immediately after your horse in the grooming stalls, wash rack, and barn isles.
- Helps us stay Green and use the recycling bins and trash bins provided.
- Keep tack rooms clean and do not leave equipment and personal effects lying around.
- If you don’t do it at home, don’t do it at the farm! Please use common sense and courtesy at all times.
April 27, 2025
|