Persimmon Ridge Farm & Stables Contract for Equine Boarding

Boarder Name: __________________________________________ Date: _______________________ □ Cell: _____________________ □ Home: ________________ Email:__...
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Boarder Name: __________________________________________ Date: _______________________ □ Cell: _____________________ □ Home: ________________ Email:___________________________________ Address:_____________________________________________________________________________________

Persimmon Ridge Farm & Stables Contract for Equine Boarding

Owners: Steve and Erica Medlock 8001 S. Rockport Rd. Bloomington, IN 47403 812-322-6989/812-320-3140 www.thepersimmonridgefarm.com

Content

Page

Contract Agreement for Equine Boarding

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Agreement for Emergency Care

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Liability-Assumption of Risk

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Barn Rules and Regulations

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This agreement is made and entered into by and between ______________________________, (Boarder/Owner of Horse), hereinafter designated "Horse Owner" or “Boarder”, and Persimmon Ridge Farm and Stables, hereinafter designated as the "Stable” or "PRF". This agreement covers the horse(s) described as follows: Horse Name

Sex

Breed

Color

Age

Registration #

Boarding Type (Stall or Pasture)

Please initial the boxes to the left of each section header.

Persimmon Ridge Farm & Stables agrees: (1) Board



Pasture board: to provide each horse with year around pasture turnout. Will feed hay during cold weather months (when pasture grass is unavailable), water, feed grain (if provided) once daily, and care for each horse in a good and responsible manner. Horse Owner responsible to provide the grain.



Stall board: to provide each horse with a stall and daily pasture turnout. Will feed (grain & hay) and water twice daily in a good and responsible manner. Stalls picked daily and stripped weekly.

(2) To provide a secured space for tack, equipment, and the use of the outdoor arena to all boarders. The Stall board fee includes unlimited access to indoor arena. Pasture Boarders may also have access for an additional fee of $40.00 per month or $7.00 per day use. The Horse Owner's trailer may be parked in designated areas free of charge. The Stable assumes no liability for tack, equipment, and horse trailers stored on the premises. (3) Paste de-wormers will be administered at 8-week intervals to all horses in the Stable provided by Horse Owner. If Horse Owner does not provide paste de-wormer, the Stable will provide and charge Horse Owner on next boarding invoice. Additional nutritional supplements may be administered to horses when Horse Owner provides them. Each new horse will also be administered a paste wormer upon arrival (cost added to first monthly fee). (4) The boarding fee will not be raised without 30 days prior notice either written or by email.

The Horse Owner/Boarder agrees: (1) Boarding fee of $_________* per month per horse will be due on the first day of each month. Checks should be made payable to Persimmon Ridge Farm & Stables. If payment is not received by the 15th of the month a $25.00 late fee will be charged. (2) If payment is late beyond thirty days, and after written notification to the Horse Owner, the Stable shall be entitled to a general lien against the boarded horse(s) for the boarding fees and shall be entitled to enforce said lien according to the laws of the state of Indiana. Horse(s) may not leave the premises while such a lien is in effect. If horse(s) is removed from premises, Horse Owner will be prosecuted to the fullest extent of the law. (3) The Horse Owner agrees to board horse(s) for minimum of 60 days. If after 30 day trial period, but prior to 60 days the horse owner terminates agreement, no prorate will be given for the remainder of contract term. (4) Current negative "Coggins" test results for Equine Infectious Anemia and a veterinarian signed vaccination record, including Strangles, are required for each horse before the horse arrives at the Stable. (5) It will be the horse owner’s responsibility to arrange for their horse(s) to be on a regular preventive health care program, including proof of annual vaccinations, deworming every other month, and routine farrier care. Horses will not be shod with rear shoes without the advice and consent of the Stable. (6) Horse Owners, and/or anyone else the Horse Owner allows on the property, must sign a "Waiver of Liability and Assumption of Risk" on file with the Stable and follow all Barn Rules. THE BOARDER TAKES FULL RESPONSIBILITY AND LIABILITY FOR ANY PERSON(S) THEY ALLOW BEING NEAR, HANDLING, OR RIDING THEIR HORSE OR ANY OTHER HORSES ON THE PREMESIS.

(7) Horse Owner will be responsible for covering expenses for excessive barn or property damage caused by their horse. (8) Although staffed several hours throughout the day, the Horse Owner understands management and/or staff is not on site 24 hours per day, therefore horses are not continually monitored. (9) It will be the Horse Owner’s (or Horse Owner’s appointed designee) responsibility to administer medications, care for wounds, and apply dressings. While PRF staff may be available to assist on occasion, we are not able to commit to performing these tasks, so it should be assumed to be the sole responsibility of the Horse Owner. Horse Owner/Boarder and PRF Mutually agrees: (1) Newly-arrived horse(s) shall be on probation for a period of 30 days in order to determine if the horse(s) and Owner are a good fit and are compatible with the care arrangements at the Stable. If the horse(s) is/are to be removed, the Stable and Horse Owner will arrange for such action as soon as possible, not to exceed 15 days. (2) In the event the horse(s) shall require the services of a veterinarian, the Stable will immediately contact the Horse Owner. In the event the Horse Owner cannot be reached in an emergency, the Stable is hereby authorized, as the agent for the Horse Owner, (a) to call the veterinarian of the Horse Owner's choice (see Emergency Care section), and should that vet be unavailable, (b) to call any other licensed vet of the Stable's choice. All fees charged by the responding vet shall be the sole and exclusive responsibility of the Horse Owner, with no liability whatsoever on the part of the Stable. If the Horse Owner wishes to set limits on the type of emergency care that can be administered, it

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is the Horse Owner's responsibility to inform the Stable in writing of such wishes and limits in the Limitations section of Emergency Care. (3) The Stable and/or the Horse Owner, each has the right to cancel this agreement with 30 days written notice to the other party. In the event of such a cancellation, removal of horse(s) will be mutually arranged and agreed upon as soon as possible, not to exceed 30 days. In the event the horse is or becomes a danger to other horses or to stable attendants, minimal handling and care will be carried out only to ensure food and water for the horse. The Horse Owner in this circumstance will have the horse removed as soon as possible, not to exceed 10 days. If horse is not removed in 10 days, each day thereafter will incur a charge of $50/day. (4) Release of Liability and Care; PRF will be free of all liability and care at any time the Horse Owner has loaded their horse onto a trailer to be transported off the premises. (5) The Horse Owner has inspected Persimmon Ridge Farm & Stables facilities to include the grounds, fences, arenas, barns and stables, and all structures to which said horse has access and agrees the facility is consistent with Horse Owners expectations for safety and security. INDEMNIFICATION: (1) Boarder agrees to indemnify and hold Persimmon Ridge Farm & Stables harmless from any and all claims or liabilities for personal injuries or injuries to horse, losses, or property damage arising due to the activities of the Stable by Boarder and said horse to the extent that the said claims are not covered by insurance. This shall include the assumption for full responsibility for any injuries to other riders, other horses, users, guests, invites, or persons incidentally involved in the use of said Stable. Stable is also not responsible for missing items, such as tack, medications, etc. Stable recommends Boarder keep belongings in a locked tack box or take them home daily. (2) Boarder agrees not to hold this Stable, the Stables insurance company, other boarders, any horse owners or any insurance companies liable for any personal injury, and injury to said horse, or any injury to any guest of the boarders. (3) Boarder agrees to indemnify and hold Persimmon Ridge Farm & Stables, LLC, Owners, Heirs, Employees, representatives, and volunteers harmless from any and all claims or liabilities for personal injuries or injuries to said horse, losses or property damage. (4) Insurance coverage for Boarder’s horse and any belongings is the sole responsibility of the Boarder. WARNING! Under Indiana 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 risk of equine activities. (Indiana statute: 34-31-5-5) Signatures & Contact Information: ________________________________________________________________ Horse Owner

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Persimmon Ridge Farm & Stables AGREEMENT FOR EMERGENCY CARE Emergency Care: It is strongly suggested you have an emergency treatment plan pre-established with your veterinarian. A copy provided for Persimmon Ridge Farm and Stables is recommended. In the event of an emergency, if the Horse Owner cannot be contacted, the Stable is authorized to contact the following veterinarians selected by the Horse Owner: _________________________________________________________________ . If none of the above listed veterinarians is available, the Stable, acting as an agent of the Horse Owner, is authorized to contact an alternate veterinarian. Limitations to Emergency Care: In the event of an emergency where I cannot be reached, I, the undersigned Horse Owner, would like to impose the following guidelines (limits, if any, to type and cost of care and emergency procedures): 1) Do everything possible to save the life of the horse, no matter what the cost or time involved even if death is highly possible. (Example: Severe colic or traumatic injury). Yes___ No___ Comment: 2) Use judgment of attending veterinarian whether to treat, and/or intervene with heroic measures or euthanasia. Yes___ No___ Comment: (3) Is there a dollar ($) limit that you do not wish to exceed in emergency care? e.g., the vet states that leg is broken and may be saved, or that the horse has colic and may be saved by surgery at the farm or hospital, but the initial cost will be $XXXX and continued care cost is unknown. Remember that even if there are complications during emergency care and costs exceed this amount, you are responsible as the Horse Owner. Amount $_____________ Comment: (4) Persimmon Ridge Farm and Stables is not responsible for horse transport. If the horse needs to be transported to a veterinary hospital, who do we contact to move the horse if you are not available? (Please list name and contact number). _________________________________________________________________________________________ (5) Is the horse covered by insurance? If so, what is the company and the telephone contact number? __________________________________________________________________________________________ (6) Horse Owner must prearrange with veterinarian(s) of choice to establish an account for billing in the event emergent care is necessary. Horse Owner signature: _____________________________________________________Date___/___/________ PRF Stable signature:________________________________________________________Date__/___/________

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Persimmon Ridge Farm & Stables RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU (AND YOUR CHILD) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE TRAINER, THE STABLE, ITS OWNERS, EMPLOYEES AND AGENTS (“THE RELEASEES”).

I, _______________________________ (and my minor child, if applicable, ______________________________), (Hereinafter the “Undersigned”) reside at (Street Address) ____________________________________________, in (City) ______________________________, (State, Zip) ________________________. In consideration for allowing me (or my minor child) to handle and ride a horse (my own horse or a stable owned horse) and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, THE UNDERSIGNED HEREBY: 1. Acknowledge that a horse may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, saddles or bridles may loosen or break - all of which may cause the rider to fall or be jolted resulting in serious injury or death to the Undersigned or any person within close proximity of a horse. 2. ACKNOWLEDGE THAT HORSEBACK RIDING, THE HANDLING OF A HORSE OR BEING IN CLOSE PROXIMITY TO A HORSE IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH because of the unpredictable nature and irrational behavior of horses, regardless of their training or past performance. 3. Voluntarily assume the risk and danger of injury or death inherent in the handling or riding of the horse or being in close proximity to a horse or on the premises of the stable or the failure to wear a protective helmet when riding a horse, and use of saddles, bridles, equipment and gear provided to me by Persimmon Ridge Farm and Stables. 4. RELEASE, DISCHARGE AND PROMISE NOT TO SUE Persimmon Ridge Farm and Stables for any loss, damage, injury (including death) or cost to me or my child’s arising out of the handling or riding of a horse or being in close proximity to a horse or on the premises of the stable or the failure to wear a protective helmet when riding a horse, and use of any saddles, bridles, equipment and gear provided by Persimmon Ridge Farm and Stables. 5. Release Persimmon Ridge Farm and Stables from any claim that such Persimmon Ridge Farm and Stables were negligent in connection with my or my child’s riding a horse including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction on riding skills or leading and supervising riders or the use of any equipment provided by Persimmon Ridge Farm and Stables or being on the premises of the Stable, which resulted in loss, damage, injury or death. 6. INDEMNIFY, AND SAVE AND HOLD HARMLESS Persimmon Ridge Farm and Stables from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my or my child’s handling or riding the horse or being in close proximity to a horse or on the premises of the stable or the failure to

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wear a protective helmet when riding a horse and/or and use of saddles, bridles, equipment and gear provided therewith from or contributed to by my or my child’s own negligence. 7. Agree to abide by and follow any instructions given or rules established by the Persimmon Ridge Farm and Stables or any of its employees, guides or wranglers with regard to my or my child’s riding or handling of the horse or being in close proximity to a horse or on the premises of the stable or the failure to wear a protective helmet when riding a horse or any saddles, bridles, equipment and gear provided therewith. 8. Agrees that the Undersigned has read and understands the following language of Indiana statute: 34-31-5-1 Immunity from civil liability; Section 1: An equine activity sponsor or equine professional is not liable for:(1) an injury to a participant; or (2) the death of a participant; resulting from an inherent risk of equine activities.(b) A participant or participant's representative may not: (1) make a claim against;(2) maintain an action against; or (3) recover from; an equine activity sponsor or equine professional for injury, loss, damage, or death of the participant resulting from an inherent risk of equine activities. 9. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by laws of the State of Indiana and is intended to be as broad and inclusive as is permitted by Indiana law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. 10. Acknowledge that this document is a contract and agree that if a lawsuit is filed against the Stable or its owners, agents, employees, guides or wranglers for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by the Stable in defending such an action. 11. IT IS STRONGLY RECOMMENDED ALL ADULT RIDERS 18 YEARS OR OLDER, WEAR A PROTECTIVE HELMET. ALL RIDERS UNDER THE AGE OF 18 ARE REQUIRED TO WEAR A HELMET. AS AN ADULT 18 YEARS OR OLDER, I AM DECLINING TO WEAR A HELMET. I KNOW BY CHOOSING NOT TO WEAR A HELMET I AM INCREASING MY RISK FOR SERIOUS INJURY OR DEATH. (PLEASE INITIAL HERE): ___________. 12. Persimmon Ridge Farm & Stables may take pictures of general activities and horses on the property. Please initial here if you would allow pictures that may include you and/or your horse and possibly posted on the farm website or brochures. (Initial here ________ ). Comments__________________________________________. I have read this document. I understand it is a promise not to sue and to release and indemnify the Trainer, the Stable, its owners, employees and agents for all claims. I have made a free and deliberate choice to sign the Release and Waiver as a condition to Persimmon Ridge Farm and Stables allowing me or my child to ride or handle a horse. I have concluded that the risks involved and the Release and Waiver of Liability is worth the pleasure of horseback riding experience and acknowledges that the same is valuable consideration for this Release and Waiver of Liability. This signed waiver is valid in perpetuity. ______________________________________________________________________________/________/______ Boarder or Barn Patron Date

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Persimmon Ridge Farm & Stables BARN RULES AND REGULATIONS

Welcome to Persimmon Ridge Farm and Stables! We are happy to have you here! In order to provide a fun and safe environment for horses, riders, and owners, we ask that you observe and respect the rules so that all may have a safe and enjoyable experience. Rules and Regulations Note: Management reserves the right to change any rules or policies at any time. Barn hours are 8:00 AM to 9:00 PM (unless otherwise authorized). Doors will be locked after 9:30 PM. All boarders must sign a boarder’s contract/agreement. A Waiver of Liability form must be signed by all boarders, guests and guest riders, and anyone in the immediate area of a horse. Ride only in designated areas; round pen, riding arena, and wooded trails. Riding is prohibited in residential areas, including immediate wooded yard and pond, unless accompanied or approved by stable management. Minor children must be under direct adult supervision at ALL times. All riders must wear a certified ASTM helmet if under the age of 18. Proper riding attire is strongly encouraged for your safety; e.g., heeled boots, long pants, helmet, etc. Horses are not to be left unattended in any area. It is strongly recommended horses have a safety break-away halter during turn-out in the event they need to be urgently retrieved, as well as make turn-in for stable horses more timely and efficient. Please tie horses using only quick release snaps or quick release type knots. Tie only to designated tie rings or areas approved by stable management. Smoking is not allowed on the premises. The speed limit on the property is 10 MPH. This is for the protection of riders and barn pets. Do not park or block entrance to barn or to gates. Please park at the sides of the barn. All gates should be kept closed and secured at all times. Be mindful of electric fence in use on the property. No alcoholic beverages or illegal drugs allowed on premises.

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Dogs are discouraged. ANY dog brought on premises must first be approved by stable management. Barking dogs will not be tolerated for safety concerns and consideration of others. MUST be on a leash and away from direct horse areas. Must be cat and people friendly. Scheduled lessons and arena grooming needs have priority in the round pen or arena. Tack and equipment, when not in use, needs to be stored in proper area. Please keep tack room locked when not in use. It is advised you label all of your items. Persimmon Ridge Farm is not responsible for any lost, stolen or damaged items. Do not use tack, equipment, or grooming supplies that are not your own. Please clean up after yourself. Keep wash bay and areas in and around the barn clean. Pick up any manure your horse drops and place in wheel barrow or muck bucket for dumping. This includes round pen and arenas. Please make sure water is turned off and hoses are coiled up and out of the way when not in use. Make sure your horse’s stall door is secure, tack room is closed and locked, and feed room is secure before leaving the barn. Please check communication board and calendar for notices or special information. Be considerate and respectful of others in the barn and riding areas. Be aware of things that may spook another horse/rider. Use proper ring etiquette. There may be a variety of disciplines among boarders and arena time for each should be shared and respected. Unless you privately reserve the arena, the arena is considered open to any rider. Inhumane, neglectful or malicious treatment will not be tolerated. Please respect the private residence of Stable Owner. If you need anything, please do not hesitate to call.

WARNING! Under Indiana 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 risk of equine activities. (Indiana statute: 34-31-5-5) I hereby acknowledge and understand all rules/regulations stated above: __________________________________________ Horse Owner or Barn Patron

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Date_______/______/__________

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