BOARDING & FOALING OUT CONTRACT

 

This Boarding & Foaling Out Agreement is made and executed this                         day of                                , 20         , between Messick Quarter Horses of Pine Ridge Acres,L.L.C., Brenda Messick, hereinafter designated "Manager", and                                                           , hereinafter designated "Owner," and if owner is a minor, Owner's parent or guardian,                                                                                   .

 

Messick Quarter Horses agrees to accept Owner’s horse,                                                             Reg.#                         Year             Sex          Color                         for Boarding & Foaling Out, and the Owner and Messick Quarter Horses mutually agree to the following conditions:

 

1.  Owner shall pay Messick Quarter Horses the one-time foaling-out fee of $50.00, payable at the signing of this contract, in addition to the board fees of:
                Dry Mare, Barn Stall........$ 7.00 per day
                Dry Mare, Outside Stall....$ 5.00 per day
                Wet Mare, Barn Stall.......$10.00 per day
                Wet Mare, Outside Stall....$ 7.00 per day
which includes full stall or lot care, bedding, and hay.  The Mare Owner is charged the Dry Mare rate until the mare foals, then the Wet Mare rates apply from the day the mare foals until the Mare and foal leave the premises.  All Board and Mare and Foal fees are to be paid before the mare leaves the premises.  Foal tetanus anti-toxin vaccination and veterinarian health care instructions are extra.  Grain is an extra charge. Monthly rates and all other charges are subject to change.  At Messick Quarter Horses’ discretion, if turn-out is inadvisable due to weather conditions, the horse will be turned out in the indoor arena for a limited time.

 

2.  In addition to the Boarding services, Owner agrees to Special Services, as described below.  Costs are subject to change.  The services to be included for the fee stated on the Current Fee List are:                

                                                                        

3.  A Veterinarian's current health certificate and a health, worming, and immunization record are required and must be provided to Messick Quarter Horses on the Mare Health Form before the horse is allowed on the premises.  Out-of-state horses require a current negative Coggins Test. 

 

4.  Boarding fees and/or Special Services are due when the mare arrives, and on the First (1st) of each month thereafter, and timely payments are strictly enforced.  If payment is overdue by 30 days, the contract will be terminated.  The Owner must remove the horse immediately at the Owner's expense.  Shall either party breech this contract, the breaching party shall pay the other party's court costs. 

 

5.  Security Deposit in the amount of 1 month board fee is required.  Upon termination of the contract, any deposit held will be applied to any outstanding fees and/or any damages and/or expenses which Owner, Owner's horse and/or Owner's personal property has caused and the remainder of the security deposit will be refunded.

 

6. Messick Quarter Horses are responsible for their own safety and that of the Employees of Messick Quarter Horses, Pine Ridge Acres, and Owner is not liable for any injury or damage to Messick Quarter Horses, Employees, or personal property that is used.

 

7.  Owner accepts full responsibility to carry full and complete insurance coverage on Owner, Owner's horse(s), and Owner's personal property.  Owner agrees that Messick Quarter Horses, Pine Ridge Acres and their Employees are not liable for the health, sickness, accident, theft, death and/or act of nature to Owner’s horse(s).  Owner agrees that Messick Quarter Horses, Pine Ridge Acres, and their Employees are not liable for any injury and/or accident caused to owner and/or any loss, damage, and/or theft to owner’s personal property caused by an injury and/or accident.  Messick Quarter Horses are not liable for any or all gestation and/or foaling complications, both to the mare and/or to the foal, or to the sickness and/or death of the mare and/or foal pertaining to foaling or pre-foaling or post-foaling care.  During outside turnout, the mare and/or mare and foal will be turned out in a small pasture/large lot with other broodmare(s) and/or /broodmare(s) and foal(s). The mare owner accepts all responsibilities for any injuries and/or death that may occur, either to the mare and/or mare and foal during turnout and/or to any time while on the premises of Messick Quarter Horses.  The value placed on the horse,                                                         , is $                   ,and foal,                                               , is $                    , subject to change.  Value changes need to be revised on this Boarding contract, dated and initialed by the Owner and Messick Quarter Horses.

 

8.  At the time of delivery, and at Messick Quarter Horses and/or Employee’s discretion, if a horse seems sick, dangerous, or otherwise undesirable, the Messick Quarter Horses and/or Employee has the right to not allow the animal on the premises and to refuse boarding the horse.  Owner warrants that the horse shall be free of infectious, contagious, or transmissible disease.

 

9.  Messick Quarter Horses will use a Veterinarian of their choice as the Farm Veterinarian.  The Owner will be responsible for regular Veterinarian and Farrier attention, will be responsible for expenses incurred, and expenses will be invoiced directly to the Owner.  In case of an emergency, the Veterinarian will be contacted at Messick Quarter Horses’, and/or Employee’s, discretion and the Owner will be contacted immediately.  After reasonable efforts have been made to contact the Owner, the Owner gives Messick Quarter Horses permission to proceed with Veterinarian care and/or treatments.  If, in the opinion of the Veterinarian, the horse needs to be isolated, the Owner gives the Messick Quarter Horses permission to provide for the isolation and/or removal of the horse, and make arrangements for proper care.  Messick Quarter Horses will use a veterinarian and farrier of their choice to provide necessary care, unless Owner has requested his Veterinarian,                                                     and his Farrier,                                                  be used. If they are unavailable, Messick Quarter Horses will contact the Farm’s  choice.  Owner agrees to be responsible for all expenses, including transportation.

 

10.  Owner acknowledges the fact that damages, injuries, accidents, and/or death can occur due to circumstances with the Owner's horse and/or due to circumstances with other horses and Owner takes full responsibility of any damages, injuries, accidents and/or death to their horse, themselves or their personal property while on the premises.  For the Owner's protection and for the security of the Owner's horse(s), 24 hour notice shall be given by the Owner to Messick Quarter Horses and/or Employees upon the intended visit of the Owner to a horse(s), so that Messick Quarter Horses and/or Employees are aware of the visit in case of an emergency and/or damages, injuries, and/or accidents shall occur.

 

11.  No children under the age of 16 will be allowed on the premises without a parent, legal guardian, or responsible adult over 18 years of age, unless previous arrangements with Messick Quarter Horses have been made. NO DOGS will be allowed on the premises by boarders or guests.

 

12.  Absolutely NO SMOKING, DRINKING OF ALCOHOLIC BEVERAGES, OR PROFANE LANGUAGE will be tolerated on the premises.  Owner takes full responsibility of conduct of family, friends, and/or guests, including that of the Veterinarian and Farrier.  Violation of inappropriate behavior will result in the offender being asked to leave the premises.  Contract may be terminated if this policy is  violated.

 

13.  Messick Quarter Horses, Pine Ridge Acres, and/or Employees acknowledge animals' rights and the humane treatment of all animals.  All persons, including Owner and Owner's family and/or guests will treat all animals on premises humanely and with respect.  The harassment of horses and/or other animals by Owner, family, and/or guests is prohibited.  Messick Quarter Horses, Pine Ridge Acres, and/or Employees will not tolerate abusive mistreatment of any animal.  Any person on the premises in violation of this policy will be asked to leave.  The contract may be terminated if this policy is violated.

 

14.  Messick Quarter Horses’ Decision about policy is final and is enforceable by Messick Quarter Horses and/or Employees.  PARK ONLY ON THE GRAVEL ROAD or designated spaces. KEEP HORSES OFF THE GRASS.

 

15.    This Boarding & Foaling Out Agreement is  entered into the State of Nebraska and will be enforced under the laws of Nebraska.  If any clause in this Boarding & Foaling Out Agreement is against Nebraska law, then that clause only  shall be null and void.  This Boarding & Foaling Out Agreement is non-assignable and non-transferable.  This Boarding & Foaling Out Agreement represents the entire agreement between the parties.  No other agreement or promise, verbal or  implied, is enforceable unless stated in this written Boarding & Foaling Out Agreement.  When Messick Quarter Horses and Mare Owner sign this Boarding & Foaling Out Agreement, and this signed Boarding & Foaling Out Agreement, along with a  Mare Health Form and $100 non-refundable foaling fee, is received by Messick Quarter Horses, then it is  binding on both parties. Messick Quarter Horses and/or Owner may terminate this contract for any reason.

 

Boarding & Foaling  Contract begins on ____________,200   .

 

                                                         

               

WARNING! Under Nebraska Law an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to sections 25-21, 249 to 25-21, 253 N.R.S.