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Boarding Agreement
Page 2 of 3
______4. OWNER acknowledges that training and
boarding services provided to the horse maintain or appreciate its
value. OWNER therefore expressly acknowledges that Missouri statute,
§430.150 gives OPERATOR a first and prior lien on any horses boarded
at OPERATOR’s, in an amount reasonably necessary to secure the
payment of fees for same. OWNER acknowledges OPERATOR’s contractual
right to place an enforceable lien on the horse for any unpaid fees
accrued under this contract. OWNER agrees that all outstanding
balance due for board, veterinary care, farrier work, transportation
fees, show fees, and/or all other fees, charges and expenses
incurred pursuant to the care, training and/or competition of the
horse under this contract shall be paid prior to OPERATOR's release
of the horse, and to the extent any such sums remain due and owing,
OWNER further grants OPERATOR a lien upon and security interest in
the horse, and any foal produced by the horse, if applicable, to
secure payment of all obligations and amounts due under this
contract. OPERATOR may, at any time until all amounts due hereunder
are fully paid, file a photocopy of this contract in the County and
State in which the horse or foal is kept, and/or where the OWNER
resides, and when so filed, the copy shall be effective as a
financing statement as well as security agreement. At any time the
OWNER’s fees remain unpaid for more than 30 days past the due date,
OPERATOR may foreclose its security interest in the horse. Ten days
prior written notice shall be deemed reasonable notice of any
foreclosure sale. Time is of the essence in regards to cure of
default.
______5. This agreement may be terminated without cause by either
party upon thirty (30) days prior written notice. OWNER is expressly
prohibited from removing horse prior to payment in full of all
outstanding accounts with OPERATOR. Should OWNER remove horse in
violation of this paragraph 5, such action will be deemed a
conversion and a trespass upon property.
______6. OWNER understands and agrees that OWNER will make payment
to the OPERATOR for any damage to said premises caused by Horse,
excluding reasonable wear and tear. Owner and Operator will inspect
stall before horse is moved in and agree on existing condition of
said stall.
Condition:
______7. OWNER understands and agrees that OWNER shall not hold the
OPERATOR responsible for any disease, illness, injury or death to
the horse(s) or to OWNER, OWNER’s friends, relatives, or
acquaintances occurring on OPERATOR’s property, including that
arising from water, electricity, snow, ice, hail, fire, building
structure, building structure default, wind, act of carelessness,
negligence, vandalism or misjudgment, or act of God.
______8. OWNER understands that the OPERATOR shall not be liable for
any injury to the horse(s) or damage to any property resulting from
the horse should it escape from any of OPERATOR’s enclosures or
while on OPERATOR’s property. OPERATOR shall not be liable for any
injury to the horse resulting from the inherent behavior of horses
beyond OPERATOR’s control, including, but not limited to, running,
bucking, biting, kicking, shying, stumbling, rearing, or falling.
______9. OWNER does hereby give permission to the OPERATOR to secure
regular vaccination and worming services for horses, said costs to
be included as an extra charge in OWNER’s monthly billing if
Operator should choose to do so anytime in the future. All boarders
will provide Coggins and health papers prior to the OPERATOR’s
acceptance of the horse; or permit OPERATOR to isolate horse until
such time as OPERATOR can secure Coggins and health papers, said
costs to be billed to OWNER. OWNER additionally gives permission to
OPERATOR, in the event the horse becomes ill or in need of major or
medical attention, to care for the horse to the best of OPERATOR’s
professional knowledge, to secure such emergency care as is deemed
reasonably necessary, including emergency surgery, and to make
reasonable attempts to notify the OWNER by telephone to provide
information or to secure instructions. OWNER shall be fully
responsible for all incurred costs, and authorizes OPERATOR, as
OWNER’s agent, to direct emergency care providers to direct bill
OWNERS for same. OWNER understands that an extra charge will be
added to the board if extra attention or care is necessary for
treatment of the horse. Page
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