Boarding Contract

Each new boarder is given two copies of this contract–one to keep and one to fill out and give back to me. I have shamelessly stolen most of the wording used in this contract from a fellow boarding stable–they had such an incredibly eloquent way of writing out the contract, I couldn’t resist. (I will say that imitation is the sincerest form of flattery.)

Firefly Farm LLC

3180 Hagadorn Road

Mason, MI 48854

BOARDING CONTRACT

WARNING:

UNDER THE MICHIGAN EQUINE ACTIVITY LIABILITY ACT, AN EQUINE PROFESSIONAL IS

NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN AN EQUINE

ACTIVITY RESULTING FROM AN INHERENT RISK OF THE EQUINE ACTIVITY.

This Equine Boarding Contract (the “Contract”) is being entered into by Firefly Farm LLC

and _______________________, the Owner/Boarder of the Horse (“Owner”), on this day of this month of 20 .

1. Fees and Terms. The term of this agreement shall be for months

commencing on the date set forth above, and shall renew automatically for successive

periods thereafter unless canceled in writing 30 days in advance. The owner

acknowledges and accepts the terms set forth in the rate schedule applicable on the

date above as issued by Firefly Farm, whether said rates be daily, weekly or monthly.

Payment shall be issued in accordance with that rate schedule on a timely basis. Any

charges not paid in a timely manner shall be subject to finance charges set forth in the

rate schedule. In the event the subject animal is removed from the premises for any

reason and returned a period of fourteen (14) days or longer, this agreement shall be

deemed reinstated at rates applicable at the time of said return. Stable reserves the

right to notify Owner within fifteen (15) days of the horse’s arrival if the horse, in

Stable’s opinion is deemed to be dangerous or undesirable for Stable’s establishment.

In such case, Owner shall be solely responsible for removing the horse within seven (7)

days of said notice and for all fees incurred during the horse’s presence upon the

premises. This Contract shall be deemed terminated and concluded upon payment of

all fees.

The boarding fee is due upon the first of the preceding month. In the event said

payment is overdue by five (5) days, a twenty dollar ($20) late fee will be added along

with five dollars ($5) per day for each additional day that payment is late. Late fees are

due immediately upon receipt of late payment and will continue to accrue if not paid.

In the event said payment is overdue by ten (10) days, Stable shall be entitled to exert a

lien against said horse, and all of Owner’s property upon the premises as more further

described below, for any amounts due, and shall be entitled to enforce said lien and

foreclose its interest against said horse and/or equipment for the amount due in

accordance with the laws of the State of Michigan.

If said horse dies, is sold, or upon thirty (30) days written notice to Firefly Farm, the

Owner may terminate this Contract. In such case, the Stable shall be paid for all fees

incurred up to the termination date. After all fees have been paid in full, this Contract is

concluded.

The Owner chooses the board option of:   Pasture     Stall    (circle one)

at the daily / weekly / monthly (circle one) rate of $___________ per day /

week / month. These charges are for services as set forth below.

This Contract is non-assignable and non-transferrable. In the case of closure of the

Stable, Stable will give Owner thirty (30) days written notice and Stable will be held

harmless.

2. Owner/Boarder information. The Owner agrees to supply all necessary and needed

contact information for general and emergency purposes. If any of Owner’s information

changes, Owner agrees to contact Stable immediately and supply any new information,

or fill out a new Owner contact sheet if needed. Owner also agrees to have their

photograph taken upon commencement of this Contract for identification and security

purposes. This information is for use by Firefly Farm and its employees and will not

be distributed or published in any manner without Owner consent.

Name:

Street address:

Mailing address (if different from above):

Permanent address (if different from above):

Home phone:

Cell phone:

Work phone:

Work hours:

(We will only call boarders at the work number in case of emergency)

Email:

Sex:

D.O.B.:

Driver’s License number:

(Parent or legal guardian if “owner” under 18 years of age)

3. Horse Information. The Owner agrees to supply all necessary and needed

information about said horse. Owner also agrees to have photograph of said horse

taken upon commencement of this Contract for identification and security purposes.

This information is for use by Firefly Farm and its employees and will not be

distributed or published in any manner without Owner consent.

It is OK for Firefly Farm to publish photos of my horse on the Firefly Farm Website:  Y   N

Horse name (registered name, if registered, and barn name):

Breed:__________________________________________________________________

Sex: ____________________________________________________________________

Color:___________________________________________________________________

Marking(s):

Age/D.O.B.:

Registration #/Tattoo:

Insurance Carrier, Policy # and Phone number:

Value of Horse (owner estimated or insured amount): $

4. Feed, Facilities and Services. Stable agrees to provide adequate feed and facilities

for normal and reasonable care required to maintain the health and well-being of the

horse. Owner acknowledges that Owner has inspected the facilities and finds facilities

in safe and proper order. The standard services to be provided are listed herein and the

charges therefore are as previously stated, these services and the charges for are

subject to change and Owner will be notified in writing upon any changes. The Stable

and its employees reserve the right to use reasonable and customary practices,

restraints, and/or training implements to handle or move the horse should they be

necessary (if horse refuses to move or becomes a danger to itself or others). Further, if

said horse becomes a danger to itself or others, Stable reserves the right to not provide

turnout time, or clean stall. If this situation happens Owner will be notified

immediately.

The current services provided for stall and pasture board are listed below:

Stall board: One assigned stall per horse. Daily turnout (weather permitting) to pasture

or paddock (one (1) time out and one (1) time in), Stable will not guarantee a definite

schedule for turn-out. Access to free choice water (heated in the winter). Feeding of

hay and grain two (2) times daily, (a mid-day feeding of grain may be arranged with Stable). Grain

will be fed up to six (6) pounds per horse per day, and up to three (3) flakes of hay

will be fed per day. Any additional amounts of hay, grain, or other items may be

arranged at an additional cost. Owner supplied supplements and/or medications

applied to the feed will be added as instructed if Owner packages as directed by Stable.

Free choice trace mineral salt block in pastures. Daily stall cleaning. Blanket on

one (1) time and off one (1) time. Use of facilities (Indoor arena, Outdoor arena)

as they become available. Space to store two (2) saddles, two (2) bridles and brushes.

Pasture board: Access to shelter. Free choice water (heated in the winter). Unlimited

access to pasture, square bale hay may be fed two times daily. Feeding of grain two (2) times daily. Grain will be fed up to six (6) pounds per horse per day. Owner supplied supplements and/or medications applied to the feed will be added as instructed if Owner packages as directed by Stable.

Free choice trace mineral salt blocks in each pasture. Any additional amounts

of grain or other items may be arranged at an additional cost. Space to store two (2)

saddles, two (2) bridles.

5. Risk of Loss and Standard of Care. DURING THE TIME THAT SAID HORSE IS IN

CUSTODY OF STABLE, STABLE SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE,

ESTRAY, THEFT, INJURY OR DEATH WHICH MAY BE SUFFERED BY THE HORSE OR ANY

OTHER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED IN

ANY WAY WITH THE BOARDING OF SAID HORSE, EXCEPT IN THE EVENT OF NEGLIGENCE

ON THE PART OF STABLE, IT’S AGENTS, AND/OR EMPLOYEES.

THIS INCLUDES, BUT IS NOT LIMITED TO, ANY PERSONAL INJURY, DISABILITY, OR DEATH

THE HORSE OWNER, OR OWNER’S GUEST MAY RECEIVE ON STABLE’S PREMISES.

IN NO EVENT SHALL STABLE BE HELD LIABLE TO OWNER FOR EQUINE DEATH OR INJURY

IN AN AMOUNT IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000)PER ANIMAL. OWNER AGREES TO OBTAIN EQUINE INSURANCE FOR ANY ANIMALS VALUED IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000.00), AT OWNERS EXPENSE, OR FOREGO ANY CLAIM FOR AMOUNTS IN EXCESS OF FIVE

THOUSAND DOLLARS ($5,000.00). OWNER AGREES TO DISCLOSE THIS ENTIRE CONTRACT TO OWNER’S INSURANCE COMPANY AND PROVIDE STABLE WITH THE COMPANY’S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO DISCLOSE  INSURANCE INFORMATION SHALL BE AT OWNER’S RISK.

THE STANDARD OF CARE APPLICABLE TO STABLES IS THAT OF ORDINARY CARE OF A

PRUDENT HORSE OWNER AND NOT AS A COMPENSATED BAILEE.

6. Hold Harmless. Owner agrees to defend, indemnify, save and hold harmless Stable

and it’s principals, agents, and affiliates from and against any loss, liability, damage,

attorney’s fees or costs and all claims arising from or in any way connected with damage

or injury caused by owner’s horse to anyone, Owner’s use of the facilities, Owners or

guests at Stable facilities, horse’s conduct, Owner’s use or access to horse, or Owners or

guests actions and defend Stable from any such claims. Owner agrees to disclose any

and all hazardous or dangerous propensities of said horse boarded with Stable.

7. Emergency Care. Stable agrees to attempt to contact Owner should Stable, its

agents or employee’s feel that medical or farrier attention is required for said horse. If

Stable, its agents or employee’s are unable to contact Owner, then an attempt will be

made to contact the emergency contact person. If any or all of these are unable to be

reached in a reasonable time, which shall be judged and determined solely by Stable,

Stable is then authorized to secure emergency veterinary, and/or farrier care as

required for the health and well being of said horse. All costs of such care secured shall

be billed directly to the Owner. If Stable is not able to arrange direct billing to Owner,

then Stable will pay emergency bill up to two hundred dollars ($200), which will be due

within seven (7) days upon presentation of paid bill to Owner. This amount will be

subject to fees and liens as described in the Fees and Terms section above.

STABLE SHALL ASSUME THAT OWNER DESIRES MAJOR MEDICAL AND SURGICAL CARE IF

RECOMMENDED BY A VETERINARIAN IN THE EVENT OF COLIC, FRACTURED BONE, OR

OTHER LIFE-THREATENING ILLNESS. THIS WILL BE THOUGHT TO BE TRUE UNLESS STABLE

IS INSTRUCTED OTHERWISE HEREIN OR ON OWNER’S INFORMATION SHEETS, BY

OWNER THAT THE SAID HORSE IS NOT A CANDIDATE. IN WHICH CASE, OWNER WILL

DECLARE A DOLLAR AMOUNT WHICH WILL BE USED AS A GUIDE BY STABLE AND

ATTENDING VETERINARIAN FOR APPROPRIATE CARE. The dollar amount declared is

($                 )

IF EMERGENCY IS NEAR FATAL AND ATTENDING VETERINARIAN STRONGLY

RECOMMENDS EUTHANASIA, OWNER GIVES STABLE AUTHORITY FOR CONSENT FOR

EUTHANASIA. ALL NECESSARY AND REQUIRED ATTEMPTS WILL BE MADE TO CONTACT

OWNER OR OWNER’S EMERGENCY CONTACT FOR DIRECT PERMISSION FIRST. OWNER

WILL BE RESPONSIBLE FOR REMOVAL/BURIAL/CREMATION OF SAID HORSE AS SOON AS

IS POSSIBLE POST EUTHANASIA.

Owner agrees to notify Stable of any and all changes of addresses, phone numbers,

emergency contacts, itineraries or other information reasonable necessary to contact

the Owner in an emergency. In the event that Owner departs for vacation, work, etc or

is otherwise unavailable, prior to departure Owner shall notify Stable as to the contact

that is able to make decisions in regard to the health, well-being and/or medical treatment of said horse, whether emergency or not. If none is provided Stable will contact person listed on emergency contact sheet. You may list Sarah as your main emergency contact, but be absolutely certain you’d prefer her to make your horse’s end-of-life decisions before you put her name there. She believes in not letting horses suffer, but that you also need to try and keep them alive. SHE WILL MAKE THE DECISION AS IF IT WERE FOR HER PERSONAL HORSE.

8. Limitation of Actions. Any action or claim brought about by Owner against Stable for

breach of this contract or for loss due to negligence must be brought about within six months (6 months) of the date such claim or loss occurs.

9. Farrier Care and General Health Practices. Owner agrees to provide the necessary

trimming and/or shoeing, along with the following vaccinations and reasonably

necessary deworming. The vaccinations required at Firefly Farm is/are Eastern and

Western equine encephalomyelitis, Influenza, Tetanus, Strangles, and Potomac Horse

Fever. West Nile virus along with Rabies is highly recommended but not required. A

deworming schedule of daily dewormer or rotational paste dewormer every 8 weeks,

with a once to twice yearly addition of a product to eliminate tapeworms is suggested to keep parasite counts low. These services can be arranged with the Stable for the Stable farrier and Stable

veterinarian to provide, or may be scheduled with the farrier or veterinarian of Owner’s

choice. The Stable will provide free handling of said horse if these services are

scheduled during the Stable’s herd health program. Otherwise if Owner arranges for a

different farrier or veterinarian then Owner is responsible for being present and

handling own horse, or must arrange payment with Stable for Stable’s employees to

handle said horse.

Owner agrees to have all routine health practices completed on a regular basis, and

agrees to provide Stable with all health records of said horse. In the event that services

are not rendered, or proof of same is not provided to Stable within thirty (30) days from

date of such service, Stable is authorized to arrange for such treatment, but not

obligated to do so; such expense shall be the obligation of Owner, and upon

presentation of bill by Stable for such services rendered, including any service charges,

any bill shall be paid within seven (7) days from the date the bill is submitted to Owner.

10. Ownership. Owner warrants that they are the owner of record of the horse listed in

this agreement, or that they have the express authority of the actual owner of record to

enter into this Contract and to board the horse with the Stable. If Owner is not the

record of owner of said horse, then the person signing as Owner nonetheless agrees to

be fully bound by the terms of this agreement and liable for all sums hereunder. Any

and all owners of said horse warrant that they have good and clear title and that the

horse is free from any liens or encumbrances, expressed or implied by law.

11. Changes or Termination of This Contract. It is agreed by the parties that this

Contract may be changed or terminated upon thirty (30) days written notice, regardless

of the rental period. If you have pre-paid for the following month, you may leave at any time.

All notices must be issued in writing unless otherwise agreed upon

by the parties. The posting of updated rate schedule/regulation changes in a

conspicuous or open place in Stable’s tack rooms shall constitute notice of any and all

rate/regulation changes as may be deemed appropriate by Stable.

12. Rules and Regulations. The Owner agrees to abide by all the rules and regulations

of the Stable. In the event someone other than the Owner shall call for the horse, such

person shall have written authority signed by the Owner to obtain said horse. If Owner

is removing the horse from Stable property for the purpose of showing or trail riding,

Owner agrees to inform Stable at least twenty-four (24) hours prior to said horse

leaving. If Stable is not notified and said horse is found to be missing, the Stable will

contact Owner, emergency contact and Police in that order to alert to the missing horse.

Owner hereby acknowledges receipt and understanding of current Stable Rules. Owner

agrees that they and all of their guests and invitees will abide by and be bound by these

Rules. Owner also agrees to accept full responsibility for the conduct of all guests and

invitees. The Stable may revise these Rules from time to time and Owner agrees that

any revision shall have the same force and effect as current Rules. Failure, as

determined by the Stable’s sole discretion, of Owner or Owner’s guests and invitees to

abide by Stable Rules may result in Stable declaring Owner in default hereunder and

result in termination of this Contract.

13. Right of Lien. The Owner is put on notice that Stable has a right of lien as set forth

in the laws of the State of Michigan, for the amount due for the board and keep of such

horse, and also for storage and services, and shall have the right, without process of law,

to retain said horse until the amount of said indebtedness is discharged. However

Stable will not be obligated to retain and/or maintain the horse in question in the event

the amount of the bill exceeds the anticipated unregistered value of the horse. In the

event Stable exercises Stable’s right of lien as above described for non-payment, this

Contract shall constitute a Bill Of Sale and authorization to process transfer applications

from any breed registration as may be applicable to said horse upon affidavit by Stable’s

representatives setting forth the material facts of the default and foreclosure as well as

Stable’s compliance with foreclosure proceedings as required by law. In the event

collection of the account is turned over to an attorney, Owner agrees to pay all

attorneys’ fees, costs, and other related expenses for which a minimum charge of two

hundred and fifty dollars ($250.00) will be assessed.

14. Property in Storage on Stable’s Premises. Owner may store certain tack and

equipment on the premises of Stable at no additional charge to Owner. Horse trailers

may be stored on Stable premises in the designated area. However, Stable shall not be

responsible for the theft, loss, damage or disappearance of any tack, equipment, trailer or other property stored at Stable or on Stable premises. Stable shall not be liable for any of Owner’s items when removed from premises for any reason.

15. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are

inherent risks associated with equine activities such as described below, and hereby

expressly assumes all risks associated with participating in such activities. The inherent

risks include, but are not limited to the propensity of equines to behave in ways such as

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 an equine’s reaction to such things as sounds, sudden movements

and unfamiliar objects, persons, or other animals; certain hazards such as surface and

subsurface conditions; collisions with other animals; the limited availability of

emergency medical care; 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 animal or not acting within such participant’s ability.

Owner expressly releases Stable from any and all claims for personal injury or property

damage, even if caused by negligence (if allowed by the laws of this State) by Stable or

its representatives, agents or employees.

16. Prohibited Activities. Prohibited activities include, but are not limited to, Smoking

in any barn or barn area; also, feeding, turning-out, walking, riding, working, saddling,

injuring, whipping, harassing, or otherwise use or interaction with any other horse at

Stable without permission of Stable or owner of said horse. Using spurs of any variety is

forbidden, and owners are asked to use whips as an aid only. Chains over horse noses as a

punishment are strictly forbidden and are grounds for immediate dismissal from Firefly

Farm. Owners agree that neither they nor their guests or invitees will participate in any

of these aforementioned items.

Owner also agrees that if anyone is to be allowed to handle, turn-out, administer

medications and/or ride said horse then Owner will provide a full Authorized User

information sheet for each Authorized User. Stable has discretion when and under what

circumstances to allow Owner’s Authorized Users to have access to said horse and

Stable’s facilities.

17. Entire Contract. This Contract represents the entire agreement between the

parties. No other agreements, promises, or representations, verbal or implied, are

included unless specifically stated in this written agreement. This Contract is made and

entered into in Michigan, and shall be enforced and interpreted in accordance with

Michigan Law.

18. Enforceability of Contract and Severability. If one or more parts of the Contract

are found to be unenforceable or illegal, the other portions of the Contract shall be

deemed in full force and effect

19. Comprehension. Each party hereby affirms and acknowledges that they have been

given the opportunity to obtain independent legal review by an attorney of their

choosing, that they have read this entire Contract, that it is in plain language, and that

they fully understand and appreciate the meaning of each of its terms.

Owner (or Authorized Agent) signature:

Printed name:

IF OWNER IS A MINOR THEN SIGNATURE OF AT LEAST ONE (1) PARENT OR LEGAL

GUARDIAN IS REQUIRED. THE SIGNING OF THIS CONTRACT BY ONE (1) PARENT OR

LEGAL GUARDIAN CONSTITUTES FOR PURPOSES OF THIS CONTRACT TO BE VIEWED AS

AGREEMENT AND A WAIVER OF ALL RIGHTS BY THE OTHER NON-SIGNING PARENT OR

LEGAL GUARDIAN.

Firefly Farm owner signature: