1. Equine to be boarded: This Agreement applies to all equine listed in this agreement.
2. Boarder Warranty of Equine Ownership: Boarder agrees that Boarder is sole, lawful and registered owners of each equine and has unlimited rights to care, custody, and sale of equine.
- 2.2 Stable is hereby authorized to handle, gather, and board the equine per ARS 3-1293
3. Fees and Payment Terms: Boarder is responsible for paying all “fees” owed by Boarder arising from this Agreement, including but not limited to, those scheduled fees selected in this agreement, per equine for boarding at equine Stable. Stable may change the “scheduled fees” upon 30-day written notice to Boarder. Boarder shall pay amended scheduled fees by the date specified in the written notice or provide Stable with written notice of termination. Scheduled fees are due on the 1st of each month. If an invoice is unpaid after 5 days, there will be a $5.00 charge for each day it remains unpaid beginning the sixth day.
4. Care of Equine: Stable agrees to provide water and feed three times daily. Equine’s stall will be cleaned of manure and urine at least once daily and the turnout pastures and paddocks will be cleaned on an as-needed basis. Josh Lyons 3 & 5 day clinic riders are responsible for providing their own feed and mucking. Stable reserves right to change feed after supplying a 10 day written notice to Boarder. Should the Boarder wish for supplements or grain to be included in feeding, Boarder will be responsible for providing supplements and an approved container for storage. An additional feeding fee will be assessed.
5. Equine Health: Boarder must provide Stable with proof that Equine has current, appropriate vaccinations before bringing Equine on Stable premises. Thereafter, Border must promptly provide Stable with proof that boosters are current. If Boarder fails to provide Stable with proof of vaccinations, Stable will provide Boarder with a 10-day advance written notice that Stable will arrange for vaccinations to be administered unless Boarder provides proof of Vaccination within the time period specified in the notice. Boarder is responsible for all veterinary costs and fees associated with this action; in addition, an administrative fee of $50.00 will be assessed.
- 5.1 De-worming: Boarder shall follow a de-worming schedule that is acceptable to the Stable and is responsible for all costs associated with administering de-worming medication to each Equine. Stable (at their discretion and expense) can perform fecal checks as deemed necessary. Should a fecal check be administered and equine found to have worms Boarder will be required to increase de-worming at their expense until equine is parasite free. Boarder will assume costs associated with subsequent fecal checks, to verify equine is parasite free.
- 5.2 Farrier Care: Boarder shall properly care for each Equine’s hooves. If Boarder fails to provide appropriate care for an Equine’s hooves, at the Stables sole and absolute discretion, Stable may arrange “Farrier Care” for Equine. Boarder is responsible for paying all costs incurred by Stable for arranging Farrier Care. An administrative fee of $50.00 will be assessed should Stable have to arrange for farrier services.
- 5.3 Urgent Veterinary Care: All decisions regarding urgent “Veterinary Care” may be made at Stable’s sole and absolute discretion. If an Equine appears to require urgent Veterinary Care, Stable will contact Boarder at the telephone numbers provided. If Stable is unable to reach Boarder promptly, Stable may select a Veterinarian of their choice to provide urgent Veterinary Care at Boarder’s expense. Appropriate Veterinary Care may include euthanasia. If Boarder does not want Equine to receive certain types of Veterinary Care, including euthanasia, or Veterinary Care beyond a certain dollar limit, Boarder must notify Stable of such limitations in writing. Should Equine require euthanasia, Boarder is responsible for all charges associated with said procedure to include but not limited to rendering fees. It is the Boarders sole discretion to ensure that Stable has all pertinent insurance documentation on file in case an insurance agent would need to be notified of an injury/illness. Ultimately, it is the Boarders responsibility to notify the appropriate insurance agent. Stable does not guarantee that Insurance Agent will be notified in case of emergency.
- 5.4 Exercise: Boarder is solely responsible for providing adequate exercise for each equine.
- 5.5 Grooming: Boarder is solely responsible for providing adequate grooming for each equine.
6. Boarder’s Responsibility to Follow Stable Rules: Boarder has read, understands, and agrees to follow the “Stable Rules” included in this agreement, or issued in writing by Stable from time-to-time. At its discretion, Stable may issue or amend the Stable Rules by providing 10 days written notice to Boarder, which Boarder agrees shall be legally binding. Violation of the Stable Rules are grounds for termination of this Agreement.
7. Damage to Stable Property: Boarder agrees that Boarder will pay for any damage to Stable property caused by Boarder, Equine, or any guest of Boarder. All amounts owed by Boarder are due upon receipt of invoice from Stable.
8. Termination of Boarding Agreement: Boarder and Stable each may terminate this Agreement for any reason. The party terminating the Agreement must provide 30 days written notice to the other party. Should Boarder not provide 30-day notice, boarding fees of 30 days will be incurred from date of notification and Boarder will be held liable for said expenses. If Stable determines, in its sole discretion, that Boarder has materially breached this Agreement, Stable may terminate this Agreement for cause immediately upon written notice to Boarder. Examples of a “Material Breach” include, but are not limited to, violation of the Stable Rules, theft of Stable property, or of property belonging to another Boarder, failure to timely pay a fee (not limited but to include); Board, Veterinarian bill, deworming charge, charges for Farrier Care, charge for damage to Stable Property, interest, attorneys’ fees, or amount owed by Boarder arising from this Agreement.
9. Removal of Equine upon Termination: All amounts due to Stable under this Agreement must be paid-in-full before Boarder will be permitted to remove Equine from Stable premises. Per A.R.S. Section 3-1295, Stable has a lien on the Equine for all charges arising under this Agreement: “A person who furnishes pasture, feed, or other services for livestock on the premises of that person has a lien on the stock for the amount of charges that are due and unpaid. A person having such lien may retain the stock until the charges are paid, the person retaining possession of the stock may perfect the amount of the lien by filing an action in either superior court or justice court, according to the amount in controversy, in the jurisdiction of the holder of the stock. The hearing shall be held not less than ten and not more than twenty days after the date the action is filed in court. If the prevailing party does not receive payment due within ten days after the final judgment of the court, the prevailing party becomes the owner of the stock. The court shall award the prevailing party court costs and reasonable attorney’s fees On presenting a judgment of the court in the appropriate jurisdiction awarding ownership to the holder of the stock in satisfaction of the lien, the department shall issue to the holder of the stock such ownership and hauling certificates, certificates of inspection or other papers ordinarily required on the transfer of livestock.” A.R.S. 3-1295
10. Removal of the Boarder’s Personal Property upon Termination: Boarder shall remove all of their Personal Property from the Stable premises upon termination of this Agreement. Items remaining on the Stable premises following termination of this Agreement will be subject to a “Storage Fee” of $10 per day. On the 60th day after the termination of this Agreement, all Personal Property of the Boarder remaining on the Stable premises will automatically become the property of Stable and Boarder Shall forfeit Boarder’s interests in property, regardless of its value. Thereafter Stable may sell the Personal Property at public auction in accordance with A.R.S. 33-1023.
11. Boarder’s Assumption of Risks, Agreement to Hold Stable Harmless and Indemnification Agreement
- 11.1 Risk of Loss or Injury to Equine: Boarder understands and expressly assumes all risks of “Boarding” Equine on the Stable premises, including the risk that Stable, Stables Owners, officers, members, managers, employees, contractors, or agents (collectively known as “Stable Parties”) may be negligent including but not limited to, the following: Boarding Equine at any boarding Stable, including Stable is inherently risky. For example, in common areas such as arenas, tie racks, and wash racks, other Equines could bite, kick, run into, or otherwise injure Equine. Equine may be allergic to feed or bedding materials and they may catch diseases or other contagious conditions from other Equines. Farm machinery, traffic, or other hazards may spook Equine. Equines in stalls or paddocks may become cast, be bitten, or kicked by neighboring Equines or otherwise become injured. In wet or cold weather, Stable grounds, including paddocks, round pens, and arenas may become muddy or slippery and may injure Equines. There may be defects in the footing, holes, rocks or uneven areas which may injure Equines. There is always a risk of fire or theft. Equine may come in contact with wildlife.
- 11.2 Risk of Loss or Damage to Boarder’s Personal Property: Boarder understands and expressly assumes all risks of keeping Personal Property on the Stable premises, including the risk that the Stable Parties may be negligent. Boarder is solely responsible for safeguarding and insuring Boarder’s Equine and own Personal Property. Boarder understands that keeping “Personal Property,” such as tack, equipment, feed, automobiles, or trailers at Stable is inherently risky and that keeping Personal Property in a shared tack room is particularly risky.
- 11.3 Risk of Injury or Death to Boarder: Equine related activities are inherently dangerous. Boarder expressly assumes all “Risks” arising from this Agreement, including but not limited to, handling, caring for, and riding or driving Equines on the Stable premises, including but not limited to the following: Equines are inherently unpredictable animals since even the most docile Equine may occasionally bolt, spook, buck, rear, bite, kick, pull back, or otherwise act in such a way that may injure Boarder or others. Stable premises may contain defects such as uneven footing, holes, rocks or other unpredictable surfaces. Boarder expressly assumes all Risks of engaging in all Equine related activities on and off the Stable premises, including the possibility that the Stable Parties may be negligent. Accordingly, Boarder agrees upon behalf of him or herself, his or her heirs, guardians, and legal representatives, not to sue the Stable Parties or otherwise make a claim against such parties in connection with any injury or death occurring on or off the Stable premises.
- 11.4 Trail Riding: Boarder understands that riding or driving Equines outside of the designated riding areas incorporated in Stable (i.e. “Trail Riding”) is inherently dangerous, including, but not limited to, the following: Equines may become spooked by traffic, wild animals, other Equines, or hazards, causing Boarder to fall and become injured or die. Equines may also stumble or trip over natural or manmade objects, injuring Equine and/or Boarder. Boarder understands that Stable does not inspect or maintain any trails or paths, on or off the Stable premises, and Stable makes no warranty whatsoever regarding the safety of paths, trails, arenas and turnouts. Boarder understand and expressly assumes all risks associated with Trail Riding, including the risk that the Stable Parties may be negligent and agrees upon behalf of him or herself, his or her heirs, guardians and legal representatives, not to sue the Stable Parties or otherwise make a claim against such parties in connection with Trail Riding.
- 11.5 Waiver of Unknown Claims: Boarder understands that Boarder’s state laws or regulations may contain provisions designed to prevent Boarder from waiving claims that are unknown to Boarder at the time Boarder agrees to waiver of claims. Boarder shall waive all rights that Boarder might otherwise have under such laws or regulations
- 11.6 Release: This Agreement is agreed to be a full “Release” of all claims per A.R.S. 12-553 by Boarder against the parties defined herein.
- 11.7 Boarder shall protect, defend, indemnify, and hold the Stable Parties harmless for, from, and against all claims or charges: including costs and attorneys’ fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for Boarder’s benefit or the benefit of Boarder’s heirs, guardians or brought by others against the Stable Parties in connection with Equine or any action or inaction taken by Stable Parties and/or by Boarder, Boarder’s guests, family members, agents, employees, or contractors, arising from Trail Riding, arising from Boarding the Equine, arising from injury or death on Stable premises, arising from damage or loss of Personal Property, arising from a Risk defined above.
12. Contact Information and Notices
- 12.1 Payment and Notices to Stable may be sent to:
8A Chaparosa Ranch, LLC
31316 N 152nd St
Scottsdale, AZ 85262
- 12.2 Notices must be sent to mailing address above or via email at:
contact@8Achaparosaranch.com
*Email Notices to Stable are only accepted if receipt is acknowledged by Stable
- 12.3 Payment may be delivered to Stable office drop box in cash or check.
- 12.4 Payment may be processed automatically via this form. There will be a charge of 3% for credit card transactions.
- 12.5 Notices to Boarder will be sent by mail or email to Boarders contact information included in this Agreement.
- 12.6 Changes to Contact Information: Each party has the duty to notify the other parties immediately upon a change in contact information. If a party does not provide the other parties with notice of changes, a notice will be delivered to the last contact information given under this Agreement. Notice delivered by U.S. Mail is effective on the third business day after notice of receipt in the U.S. Mail. Notice sent by reputable overnight courier or by hand delivery is effective on the next business day after receipt.
13. Assignment or Transfer: Boarder may not assign or transfer this Agreement. Should equine come under new ownership Stable will issue contract with new Boarder. Although unlikely, Stable reserves the right to deny contract with any new Boarder.
14. This Agreement contains the entire Agreement among the parties. Any modifications or additions must be in writing and signed by all parties to this Agreement. No oral modifications will be considered part of the Agreement unless put in writing and signed by all parties.
15. Governing Law and Jurisdiction: This Agreement is governed by the laws of Arizona. Boarder will agree to mandatory mediation in Maricopa County, Arizona with a mutually acceptable, trained mediator prior to filing for arbitration, provided, however, that this clause does not apply to a lawsuit filed by Stable against Boarder, arising from Boarder’s failure to pay Fees or to enforce its lien against the Equine. The parties hereby agree that the exclusive venue for legal action by the Boarder is binding arbitration in Maricopa County, Arizona in accordance with the Rules of the American Arbitration Association. However, this clause does not apply to Stable’s right to sue Boarder for failure to pay Fees or to enforce a lien.
16. Attorney’s Fees and Costs: In any legal actions brought in connection with this Agreement, the prevailing party is entitled to prompt payment of Expenses from the other parties, following final adjudication in favor of the prevailing party. For the purpose of this section, “Expenses” will include costs actually incurred by the prevailing party: attorneys’ fees, retainers, court costs, transcript cost, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements.
17. Severability: If any parts of this Agreement are found to be invalid or unenforceable, the remainder of the contract will remain valid and enforceable.