AMERICAN CANYON TRAINING CENTER
BOARDING AGREEMENT
This Agreement is made between William Erkelens and Marie Roehm dba American Canyon Training Center at 2130 American Canyon Road, American Canyon, California 94503 (Stable) and ________________________________________ (Owner), the owner or Leasor of the horse(s) described in Paragraph 3. This Agreement is subject to the laws of the State of California. The parties have executed this Agreement this ____ day of ___________________, 2021, in (Napa) _______ County, California.
1. Fee
In consideration of the posted rate per month to be paid by Owner in advance on the first day of each month, Stable agrees to provide a stall and to board the horse(s)described in Paragraph 3. or in any Intake Form filled out by or on behalf of Owner beginning ____________________________ on a month to month basis.
This fee includes the services listed below:
(i) Hay twice a day in stall
(ii) Trailer parking
(iii) Daily cleaning of stall.
Board is due in full for each month regardless of whether the horse occupies the stall.
Board unpaid by the 10th of the month is subject to a $15.00 late fee. Bills that are unpaid after 30 days will accrue a late fee of $25.00 per month or 2%, whichever is greater. Returned checks incur a fee of $25.00.
The fees and the services provided are subject to change given thirty (30) days written notice by Stable. THIS MEANS THAT YOU MUST GIVE 30 DAYS WRITTEN NOTICE BEFORE YOUR OBLIGATION TO PAY BOARD ENDS, EVEN IF YOU TAKE YOUR HORSE OUT BEFORE THAT PERIOD EXPIRES.
Long term horses (those intended to stay more than 90 days) that arrive after the first of the month or leave (with 30 days advance notice) during the month will pay a daily rate based on a 30 day month for the partial month’s board. Short term horses (those intended to stay 90 days or less) will pay each month’s board in advance, with any remaining partial month’s stay to be calculated and paid once the departure date is set.
Bills will be sent to Owner unless Owner directs otherwise.
2. Rights of Stable for Unpaid Board and Services
Stable has the right of lien, action and sale as set forth in the law of the State of California (Civil Code §§3080 et seq.) for the amount due for board and additional agreed upon services and shall have the right, without process of law, to retain said horse until the indebtedness is satisfactorily paid in full. This right is in addition to any other remedies available to Stable, including but not limited an action for breach of contract, account stated, money due and owed, etc.
If at any time board is unpaid for 60 consecutive days, Stable may give Owner 30 days written notice that the horse is deemed abandoned. Failure by Owner to make arrangements to bring the account current within those 30 days shall give Stable the right to take possession and title of the horse and to use, relocate, sell, give away or euthanize the horse as Stable deems appropriate. Should Stable sell the horse, any proceeds in excess of the board owed plus any services necessary or owed (including but not limited to trainer, veterinarian and farrier fees owing) and transaction costs incurred (such as advertising) shall be remitted to the Owner.
Owner so understands and agrees: ____________ (INTIALS OF OWNER)
3. Description of Horse(s)
Name: _____________________________________________________
Age:_____________ Sex: _____________________ Height: __________
Breed: ____________________________
Registration number (if any): ___________________________________
Color/markings: _____________________________________________
Other: _____________________________________________________
Name: _____________________________________________________
Age:_____________ Sex: _____________________ Height: __________
Breed: ____________________________
Registration number (if any): ___________________________________
Color/markings: _____________________________________________
Other: _____________________________________________________
4. Standard of Care
Stable and Owner agree to work together to provide normal and reasonable care to maintain the health and well-being of the horse. Stable shall provide a stall or shed, hay for the horse, an area for storage of Owner’s horse food, tack, and other normal and reasonable equipment, access to the other facilities available at the premises, such as the arena, and the services listed above.
Owner is responsible for shoeing, worming, vaccinations, veterinary care, grooming, and other care of the horse. Notwithstanding, Stable has the option to worm the horse on a regular schedule and to provide hoof trimming and any other needed farrier or veterinarian services to keep the horse healthy and to prevent unreasonable risks of illness or damage and to charge Owner for such services or to have Owner billed for them.
Owner, Owner’s guests, representatives, and all others on the Stable premises in connection with Owner or the horse will each sign a RELEASE form, will each abide by the “Rules of Conduct,” will each follow any posted Rules of Stable and will cooperate with all instructions or requests by Stable relating to the safety of the horses and people on the premises.
5. Ownership
Owner warrants that she/he owns or has the right to control the horse. If Owner is the lessee of the horse, or has an interest or title other than full ownership, Owner will provide Stable with evidence of Owner’s right to possession and control of the horse and to incur debts secured by the horse.
6. Emergency Care
If emergency treatment is needed, Stable will attempt to contact Owner or Owner’s designated agent but, in the event Owner or Owner’s designated agent is not reached, Stable has the authority to secure emergency veterinary and/or farrier care. Owner is responsible to pay all costs relating to this care. Stable is authorized as Owner’s agent to arrange billing to Owner.
Veterinary: __________________________________________________________
__________________________________________________________
__________________________________________________________
OWNER SO UNDERSTANDS AND AGREES: ______________ (INITIAL)
If Owner has mortality or medical care insurance for the horse, Owner will so inform Stable and will provide Stable with the information necessary to give the appropriate notice to the insurance company if Owner or Owner’s agent cannot be reached.
Insurance information: ________________________________________________
________________________________________________
7. Risk of Loss
While the horse is boarded at Stable, Stable shall not be liable for any injury, sickness, death or theft suffered by the horse or any other cause of action arising from or connected to the presence or boarding of the horse, whether or not caused or contributed to by any negligence of Stable. Owner fully understands that Stable does not carry any insurance for horses not owned by it; all risks are assumed by Owner. Owner agrees to hold Stable harmless from any loss or injury to or caused by said horse, including but not limited to any loss or injury caused or contributed to by any negligence of Stable. All costs connected with boarding or for any other reason for which the horse is on the premises of Stable are to be borne by Owner.
OWNER SO UNDERSTANDS AND AGREES: ______________ (INITIAL)
8. Hold Harmless
Owner acknowledges that horses are not completely predictable animals, are large and powerful, and may be dangerous. Owner agrees to hold Stable harmless from any claim resulting from any alleged or actual damage or injury caused in whole or in part by the horse and agrees to pay legal fees incurred by Stable in defense of any claim resulting from alleged or actual damage or injury that is alleged or in fact caused or contributed to by the horse, whether or not also caused by or contributed to by any negligence of Stable. Owner and any other rider or handler of the horse and all guests shall read and sign a RELEASE.
OWNER SO UNDERSTANDS AND AGREES: ______________ (INITIAL)
9. Removal or Restraint of Dangerous Horse
Stable may demand that Owner remove the horse, either immediately or within 48 hours, should Stable determine, with good cause, that the horse is a hazard to itself or to other horses, to persons or to property and presents risks greater than those usually acceptable. Such horses, including but not limited to horses that attack other horses or humans, that engage in violent or self-destructive behavior, or that are diagnosed with a highly contagious disease or condition, may be removed to a safer place and will be removed at Owner’s expense should Owner fail to do so after notice or should Owner or Owner’s designated agent be unavailable. Alternatively, Stable may require that the horse be isolated, tranquilized, restrained, or otherwise prevented from continuing the dangerous behavior and may do so at Owner’s expense should Owner fail to do so after notice or should Owner or Owner’s designated agent be unavailable. Stable may without notice also take any steps reasonably necessary to protect persons, the horse, other horses or property from harm but will attempt to notify Owner as soon as possible.
OWNER SO UNDERSTANDS AND AGREES: ______________ (INITIAL)
10. Designated Agent (Trainer)
Owner hereby authorizes Stable to accept instructions from ________________________ in lieu of Owner with respect to the care of the horse, including but not limited to feed, other services, veterinary or emergency care, and shoeing. Owner may revoke this authorization at any time by written notice to Stable.
- 11. Rules
Owner and all riders and handlers of the horse and all guests agree to read and abide by the RULES posted by Stable and in accordance with any other Rules, Notices or Warnings posted by Stable.
OWNER SO UNDERSTANDS AND AGREES: ______________ (Initial)
12. Termination
Either party may terminate this Agreement by giving thirty (30) days written notice to the other. THIS MEANS YOU MUST GIVE 30 DAYS NOTICE BEFORE YOU STOP PAYING BOARD, EVEN IF YOUR HORSE LEAVES SOONER.
Owner cannot assign this Agreement unless Stable agrees in writing.
13. Waiver
The waiver of any notice, condition or other provision of this Agreement by Owner or Stable is not a waiver of any other notice, condition or other provision in this Agreement or in the board contract of any other Owner.
OWNER SO UNDERSTANDS AND AGREES: ______________ (Initial)
14. RELEASE OF CLAIMS AND WAIVER OF CIVIL CODE SECTION 1542.
By signing this Agreement, Owner(s) waive and relinquish all rights and benefits under the provisions of Section 1542 of the California Civil Code, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
OWNER SO UNDERSTANDS AND AGREES: ______________ (Initial)
IT IS SO AGREED.
Owner:
______________________________________________________
[Signature]
______________________________________________________
______________________________________________________
[Address & Email Address]
____________________________________________________________________________
[Telephone number(s)]
[Alternate billing and contact address:]
______________________________________________________
______________________________________________________
______________________________________________________
Stable:
_______________________________________________________________
[Signature]
William J. Erkelens or Marie L. Roehm
2130 American Canyon Road
American Canyon CA 94503
(707) 557-3801
Date: __________________