Boarding Agreement
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______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.

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