WARNING
Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of participating in this domestic animal activity. Inherent risks of domestic animal activities include, but shall not be limited to:
The propensity of a domestic animal to behave in ways i.e., 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 a domestic animal'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 domestic animals or objects; 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 domestic animal or not acting within such participant's ability. THIS AGREEMENT, for good and valuable consideration receipt of which is hereby acknowledged, dated March 14, 2025 made by and between Eagle View Equestrian, LLC, hereinafter referred to as “STABLE”, providing services located at 13030 East Stampede, Wichita, KS 67230, and Owner/Rider/Boarder 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 Boarding and Associated Fees paid by the OWNER no later than the FIRST day of each month (3-day grace period), STABLE agrees to board the herein described horse on a month-to-month basis. Partial months boarding shall be paid on a prorated basis based on the number of days boarded in a 30-day month.
- Farrier fees, veterinarian fees and any lesson/training fees are not included in the monthly board and will be detailed on a monthly invoice.
- There are NO REFUNDS on ANY fees.
- Late Fees: Boarding fees paid between the fourth and fifth day of the current month due will be subject to a late fee of $50.00. Fees received after fifth day of the current month will be subject to additional late fees of $25.00 per day.
- Non-Sufficient Funds (NSF) fee is $30.00, and appropriate late fees will be added.
- If OWNER fails to pay rent as and when agreed, or defaults under this lease in any other respect, STABLE may, at STABLE’S option, do the following:
- Agister Lien Law
- Kansas law recognizes a stable keeper’s lien and an agister’s lien. The stable keeper’s lien attaches to the horse and covers the feeding and caring for the horse. Kan. Stat. Ann. § 58-207. The agister’s lien attaches to the horse as well and covers the payment of rent for the pasture lands. Kan. Stat. Ann. § 58-220. The liens are self-enforcing. The owner of the horse has a sixty day opportunity to cure the lien. The agister or stable keeper is required to give the owner of the horse fifteen days written notice prior to the sale of the horse. The written notice must be sent to the owner’s residence or place of business. If the owner’s residence or place of business is unknown, the notice must be published in the county newspaper at least once a week for three consecutive weeks. Additionally, notices must be filed with the county clerk. Kan. Stat. Ann. § 58-211. Once the horse has been sold, the stable keeper or agister should give the County Treasurer the balance of the sale after the deduction of the lien. Kan. Stat. Ann. § 58-221.
- OWNER agrees that STABLE shall not be responsible to OWNER or to any other party asserting an interest in the property stored on the premises if STABLE elects to remove same or dispose of same pursuant to the Agister Lien Law.
- STABLE reserves the right to amend any details of this contract with a 30-day written notice to OWNER. OWNER agrees any such revision and/or amendment shall be covered under this agreement with the same force and effect.
2. FEED AND FACILITIES STABLE agrees to provide the following, in addition to normal and reasonable care and handling to maintain the health and wellbeing of the animal: - Stalls will be cleaned daily. Water buckets are cleaned once per week. Stall shavings are added as needed. Horses are fed hay and grain (2 lbs AM and 2 lbs PM) daily. Special supplements, additional grain, and care items are at OWNER’S expense and will be invoiced monthly if not provided by the OWNER. Board fee is not reduced if OWNER chooses to purchase their own feed or if the included grain and/or hay is too much for the horse. Pasture horses are fed hay and grain (2 lbs AM and 2 lbs PM) daily and cannot be fed additional grain and/or supplements unless in a private pasture. Pasture horses are not separated for feeding.
- Stall will be assigned by STABLE and reasonable care will be provided to accommodate special needs all in the interest of safety, health, and wellbeing of all horses in the STABLE. Stall cards will post horse’s specific requirements. OWNER is responsible for notifying STABLE in writing of any and all care changes to be made.
- Daily turnout is provided weather permitting. The STABLE reserves the right to determine turnout based on weather and horse safety.
- Arenas (indoor and outdoor) will NOT be used for turnout. Do not leave your horse unattended in the arenas or let them run loose. When they roll, it damages the arena footing.
- All common areas (indoor and outdoor arenas, wash racks, hallway, surrounding property) must be kept clean and free of trash, manure, mud, and/or hoof pickings. Failure to pick up after yourself and your horse in any of the common areas will result in being assessed a $20 fine per occurrence. On the third occurrence, OWNER will be given 30-day's notice of termination of this agreement.
- Barn and arenas may be closed at any time with or without notice by STABLE. OWNER agrees not to disrupt any activity/work ongoing in this case.
- Each horse is entitled to one (1) tack space. The STABLE is not responsible for damage, theft, or loss of personal property. Carrying a rider on OWNER’s insurance is advisable.
- Trailer parking is included. Please park along the north side of the barn in the space assigned. Do not run over culverts or drive on the grass if it is muddy.
- OWNER may blanket their own horse(s). If blanketing of a STALL horse by STABLE is desired, an additional monthly charged will be assessed. STABLE will NOT blanket pasture-board horses.
- Only STABLE approved instructors are allowed to train, school, and/or provide lessons. Any other trainer must be APPROVED IN ADVANCE by STABLE. Instructor must provide a copy of their insurance with STABLE listed as additional insured and must provide general liability insurance that provides coverage of at least $1,000,000.
- ALL RIDERS must complete the LIABILITY RELEASE AND CONSENT AGREEMENT to ride at the STABLE.
- ALL VISITORS (TO INCLUDE THEIR MINOR CHILDREN) must complete the LIABILITY RELEASE AND CONSENT AGREEMENT upon entering the STABLE. Failure to have OWNER’S guest(s) complete the LIABILITY RELEASE AND CONSENT AGREEMENT moves any and all liability to OWNER and releases any claims or judgments against STABLE.
- No firearms are allowed on the property unless authorized (Law Enforcement Officer (LEO) or you have a concealed carry permit issued by the state of Kansas or other state with Kansas reciprocity). This specifically serves as notice excluding Constitutional Carry on the property. The purpose is to ensure permitted individuals have received training in the laws and practical use of firearms.
- Proper attire and footwear are required at all times.
- Notify STABLE if something is in need of repair. Turn off lights, fans, radios, etc., when not in use. Please do not use equipment which does not belong to you unless you have been granted permission to use it.
- SMOKING, DRUG USE and DRUG POSSESSION are NOT allowed on the property. Consumption of alcohol is discouraged. At no time should any OWNER, trainer, or guest be intoxicated or under the influence of drugs.
- The speed limit on property is 10 mph, and pedestrians, riders, horses, and farm equipment have the right-of-way. Do NOT drive or park on the grass. Park only in designated spaces.
- Facility Social Dynamics
- Social Dynamics, being defined for this contract, refers to the attitude and behavioral characteristics of a societal group which concerns how that group forms, evolves, functions, and increases morale among its members.
- Any social interactions between owners, representatives of the facility, or any other regular visiting person that leads to a disruption to the facility’s social dynamics or social environment will be brought only to the STABLE to be resolved immediately with all parties involved.
- OWNER agrees not to make or publish any written or oral disparaging or defamatory statements regarding the facility, its current and former employees, or management or other clients.
- Any owner found to be disrupting the social dynamics or social interaction environment of the facility may be given one warning. If deemed necessary, STABLE is not required to give a warning before a notice to vacate is issued. If an additional issue arises after the warning, OWNER will be given notice to vacate without referral.
- Examples of social dynamic disruptions: bullying of any kind, misrepresentation of a situation that causes harm to another, undesirable advances to another, inappropriate touching, abusive behavior, etc.
- Be considerate of others by being respectful in actions and speech.
3. VACCINATIONS, WORMING, DENTAL CARE, AND SHOEING OWNER warrants that it owns or leases said horse, that there are no liens against said horse, express or implied by law, and will provide prior to time of delivery of said horse to STABLE, satisfactory proof of a negative Coggins test current within a twelve (12) month period and proof of current vaccinations required by the STABLE (listed below). If said horse is leased, copies of such lease agreement must be provided along with vaccination documents. OWNER will be solely responsible for any and all fees concerning horse described in the agreement, owned or leased. OWNER will maintain the vaccinations and will be required to provide necessary shoeing and/or trimming of the horse as is reasonably necessary. Such expense for the same shall be the obligation of the OWNER. The STABLE will not tolerate any acts of neglect, cruelty, or abuse to animals. 4. RISK OF LOSS During the time that the horse is in the custody of STABLE, STABLE shall not be liable for any sickness, disease, theft, death, or injury which may be suffered by the horse. This includes, but is not limited to, any personal injury or disability the horse may receive while on STABLE premises. OWNER fully understands and hereby acknowledges that STABLE does not carry insurance on any horse not owned by STABLE, including, but not limited to, such insurance for boarding or any other purposes, for which the horse is covered under any public liability, accidental injury, theft, or equine mortality insurance, and that all risks relating to boarding of horse, or for any other reason, for which the horse is in possession of STABLE, are to be borne by OWNER. OWNER is encouraged to carry equine insurance. 5. HOLD HARMLESS OWNER agrees to hold STABLE harmless from any claim resulting from damage or injury caused by said horse, OWNER or their guests and invitees, to anyone, including but not limited to legal fees and/or expenses incurred by STABLE in defense of such claims. OWNER agrees to pay for any and all attorney fees for STABLE if any lawsuit occurs due to OWNER’S horse causing damage, injury, delinquent on payment regarding rents, repair, etc. 6. OWNER LIABILITY OWNER agrees to pay for any damages to the property done by any horse(s) they are handling or boarding such as kicking/breaking/biting/chewing any stall walls, boards, cross ties, ripping/breaking/biting through fence or electric fence, turnout posts/boards/gates, damages to grain buckets, water buckets, manure forks, etc. STABLE will provide an invoice of the amount due and payment is expected within 7 days. OWNER shall make no alterations or improvements without the prior written consent of STABLE. The STABLE is to be used only for the boarding and recreation of domestic animals. Trash or other waste materials shall not be allowed on or near the leased premises. OWNER shall not store on the premises any items which shall be in violation of any order or requirement imposed by any Board of Health, Sanitary Department, Police or Fire Department or other governmental agency or in violation of any other legal requirement, or do any act or cause to be done any act which creates or may create a nuisance in or upon or connected with the STABLE. 7. EMERGENCY CARE STABLE agrees to attempt to contact OWNER, at the emergency number provided, should STABLE feel that medical treatment is needed for said horse, provided however, that in the event the STABLE is unable to contact OWNER within a reasonable time, which time shall be judged and determined solely by STABLE, STABLE is then hereby authorized to secure emergency veterinary care by any licensed providers of such care who are selected and determined by STABLE. Your listed veterinary contact will be the first one contacted. The cost of such care secured shall be due and payable by OWNER once OWNER receives notice of invoice from the veterinarian. 8. STABLE RULES OWNER hereby acknowledges understanding of the STABLE rules included within this agreement and the associated general LIABILITY WAIVER. OWNER agrees and their guests/invitees will abide by these rules and accepts responsibility for the conduct of said guests/invitees according to these rules. STABLE may revise the rules from time to time, and OWNER agrees any revision shall have the same force and effect as current rules. OWNER will be notified of any rule changes in writing. Default hereunder can result in termination of this AGREEMENT. 9. ASTM/SEI Helmet/Headgear - OWNER understands that OWNER should purchase and wear properly fitted and secured ASTM-standard/SEI-certified protective headgear that is designed for use when riding, driving, or are near equines. OWNER is not relying on STABLE to provide a helmet for OWNER, to check any strap or helmet that OWNER might wear, or to monitor OWNER’S compliance with this suggestion at any time. Choosing to wear a helmet, choosing to not wear a helmet, and the type of helmet an OWNER might wear are the OWNER’S decision. OWNER is fully aware and understands that ALL riders under 18 years of age are required to wear and use safety equipment (helmet, gloves, riding boots) at all times.
10. APPLICABLE LAW This AGREEMENT shall be construed according to the laws of the State of Kansas. 11. ASSIGNMENT This AGREEMENT may not be assigned by OWNER without the express written consent of STABLE. No subleasing allowed unless STABLE approves subleaser in WRITING. 12. NOTICE OF TERMINATION OWNER agrees that thirty (30) days written notice shall be given to STABLE to terminate this AGREEMENT. OWNER has read and understands this AGREEMENT and releases from all liability Eagle View Equestrian, LLC, its agents, owners, managers, and tenants. This AGREEMENT and RELEASE FROM LIABILITY has been signed on March 14, 2025. |