BOARDING AGREEMENT


This BOARDING AGREEMENT (“Agreement”) is made on December 12, 2024, by and between Equine Obsession and (hereinafter "Owner").

W I T N E S S E T H:

WHEREAS, Equine Obsession has agreed to board Owner’s horse as identified below (the “Horse”), upon the terms and subject to the conditions set forth herein:

HORSE'S NAME:
BREED:
REGISTRATION NO. (or "Grade"):
COLOR:
SEX:

WHEREAS, Owner desires to board Owner’s Horse at the Equine Obsession premises and understands that executing this Agreement is a condition precedent to Equine Obsession agreeing to board Owner’s Horse; 

NOW THEREFORE, IN CONSIDERATION of the premises and the covenants contained herein, the receipt and sufficiency of which are hereby acknowledge and confessed, the parties hereto agree as follows:

  1. First and Last Month’s Board. Contemporaneously with executing this Agreement, Owner will deposit with , representing the first and last month’s board for Owner’s Horse, which deposit is non-refundable. 
  2. Board. This rate is for the following services (CHECK APPLICABLE BOX):

  • Pasture Board.  $450.00 per month. This includes Equine Obsession providing coastal hay per Equine Obsession’s feeding schedule and providing water.
  • Stall Board. $800.00 per month. This includes Equine Obsession providing coastal hay, alfalfa and grain per Equine Obsession’s feeding scheduling, and providing water.  Equine Obsession will provide turnout for the Horse twice a day. Equine Obsession will be responsible for cleaning out the stall daily. No tack boxes shall be permitted. Equine Obsession will provide a saddle rack, saddle blanket holder, bridle holder and locker to store other personal property for the Horse, in the location determined by Equine Obsession.

Except as expressly provided above, Owner is responsible for all other care for the Horse, this includes without limitation farrier services, veterinary care, supplements, chiropractic, etc.

If Owner stores a trailer on the premises, Owner shall be responsible for additional rent in the amount $100.00 per month, per trailer.

Rent for any partial months will not be prorated.

All rent must be paid electrically pursuant to the instructions provided by Equine Obsession. No checks or cash will be accepted. Weekends, holidays and other delays do not excuse Owner’s obligation to pay board.  Board not actually received by Equine Obsession on or before the 3rd day after the due date shall be delinquent and shall incur a late charge of Fifty and No/100 Dollars ($50.00).  Owner further agrees to pay a handling charge of $50.00 for each returned payment by the bank for insufficient funds or any other reason.  Equine Obsession may apply funds received from Owner first to any non-board obligations of Owner including but not limited to late charges, returned charges, and then to board.  Unpaid board and any unpaid amounts under this agreement are reportable to credit reporting agencies. 

  1. Premises and Hours of Operation. Owner is given privileges consisting of use of the facility (i.e. barn, riding arenas, wash facilities, paddocks, turnouts, and riding areas); however, Owner is not granted access to the surrounding acreage.  Equine Obsession’s hours of operation are 7:00 a.m. until 9:00 p.m. daily (which may be changed by Equine Obsession from time to time without notice).  Equine Obsession has the right to require all trainers to schedule a time with Equine Obsession for training.  Owner will not be permitted on the premises outside the hours of operation except by prior written approval of Equine Obsession.
  2. Notice of Termination and Board Changes. Except as otherwise provided herein, either Equine Obsession or Owner may terminate this Agreement by giving the other party at least thirty (30) days prior written notice of their intention to terminate this Agreement. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination. In no event will Owner’s Horse be removed by Owner or any other person from Equine Obsession premises without prior written consent until all sums due and owing to Equine Obsession have been paid in full.  Equine Obsession board charges are subject to change at any time. Should such change in board be required, Equine Obsession will provide Owner with at least thirty (30) days prior written notice.    
  3. Owner's Covenants: Owner covenants and agrees as follows:
    1. Dogs. No dogs shall be permitted on the premises.
    2. Permitted Use. Owner shall use the premises exclusively for horse related activities; provided that, the use of the premises to give instruction is prohibited without the express written consent of Equine Obsession.
    3. Guests. Owner may allow no more than one (1) guests at any time to accompany them to the premises.  Any guest or trainer who wishes to enter the premises must sign a waiver of legality and release of claims before entry is permitted by Equine Obsession.
    4. No Smoking, Alcohol or Illegal Activities. Owner may not smoke, possess or consume alcoholic beverages, or conduct any illegal activity on the premises, or permit any other person to smoke, possess or consume alcoholic beverages, or conduct any illegal activity on the premises.
    5. Trash and Recycling. Owner is responsible for disposing of Owner’s and their guests trash from the premises and use recycling bins for applicable items.
    6. Other Owners and Guests. Equine Obsession asks that Owner and your guests be courteous to other owners.  Disagreements, disputes or conflicts with other Owners will not be grounds to terminate the Agreement without providing the required notice herein.
  4. Boarding Horse Health Warranty. Owner’s Horse shall enter the premises free from infectious or transmissible diseases, and must be effectively wormed, and current on immunizations for tetanus, rabies, strangles, West Nile Virus and flu/rhino.  The following up-to-date documents must be presented to Equine Obsession prior to the entry of Owner’s Horse onto the Equine Obsession premises: (1) Health, worming and immunization record and (2) Proof of negative Coggins Test within six months of date of actual arrival.  If a Horse leaves the facility for any reason, Equine Obsession reserves the right to require a new negative Coggins Test before the Horse comes back to the premises.  Without limiting the foregoing, Owner agrees to indemnify and hold Equine Obsession completely harmless and not liable for any injury and/or damage whatsoever caused to their horse or other horses by any illness or disease suffered by any horse.
  5. Routine Horse Care. Immunizations, teeth floatings, sheath cleanings, veterinary services and farrier services will be the responsibility of Owner. 
  6. Boarded Horse Illness or Injury. It is Owner’s responsibility to provide veterinary care and monitor Owners horse for illness, injury, sickness, or death.  Equine Obsession, nor any of its owners, employees, or agents will be responsible for accident, sickness, damage or death of or to Owner’s horse.  Should Owner’s Horse need immediate attention and Equine Obsession cannot reach Owner, Owner authorizes Equine Obsession to request the services of a veterinarian of its choice or to give any other attention that appears necessary.  Owner shall promptly pay all expenses for all services.  If the Owner’s Horse dies on the premises, Owner is obligated to pay for removal of the horse. If Equine Obsession contacts Owner regarding an accident, sickness, or injury to Owner’s horse or requests veterinary services, it is a courtesy and no liability is assumed regarding the same.
  7. Riding Helmet Warning. Owner on behalf of Owner and on behalf of Owner’s children and/or legal wards have been fully warned by Equine Obsession that all horse handlers and riders should purchase and wear properly fitted and secured protective headgear which meets or exceeds the quality standards of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, while riding and being near horses, and I understand that wearing of such headgear while mounted, riding, dismounting, and being around horses, may prevent or reduce severity of some head injuries and may even prevent death happening as a result of a fall and/or other occurrence.  Owner agrees to abide by the Equine Obsession policy stipulating that all persons under the age of 18 are required to wear protective headgear at all times on horseback.  In addition, Owner agrees to abide by the policy of Equine Obsession that stipulates that any person jumping obstacles on horseback must wear protective headgear.  Equine Obsession strongly advises that all persons on horseback and near horses wear protective headgear.
  8. Equine Obsession’s Right to Refuse Board. Equine Obsession reserves the right to refuse the continuation of board of any horse for any reason including without limitation animal’s poor health or unsoundness, dangerous propensities, habits and/or vices, Owner’s refusal to obey Equine Obsession’s rules or to cooperate with Equine Obsession on reasonable requests relative to the management, welfare and safety of animals and people on the premises, and also in event of discontinuation of the business of boarding horses.  If this occurs, Equine Obsession shall give Owner forty-eight (48) hours notice to pay any amounts owed through the termination date and remove Owner’s Horse from the premises.  Equine Obsession may keep Owner’s Horse in its possession until all fees and charges are paid in full and enforce its lien as allowed herein and by law.
  9. Direct Loss to Personal Property Warning. Owner is hereby warned that while on the premises, Equine Obsession is not responsible for direct loss, damage (including without limitation weather, water, fire or rodent damage), theft, or injury to Owner’s Horse, tack, equipment, and trailer.  All of the aforementioned (loss, damage, theft, or injury) is not covered by Equine Obsession’s insurance.  The actual owner, having a financial interest in such items, must carry his/her own personal property insurance under a homeowner’s, tenants or other insurance policy, or under a separate policy as in the case of the loss of a horse.
  10. Guests and Invitees. Owner agrees to indemnify, and hold harmless and defend Equine Obsession, and their owners, representatives, employees, and agents (“indemnified Parties”) against and from any and all claims and damages of every kind for injury or death of any of Owner’s guests, invitees, or other third parties, and for damages to or loss of any property, and all costs and expenses associated therewith incurred in connection with the guests, invitee, or third party’s participation in care of, use of, handling of, or riding Owner’s horse, or while engaged in any other activities whatsoever, with respect to Equine Obsession, or arising out of or attributable directly or indirectly to any act or omission of an indemnified party regardless of whether or not such claims or damages were due to the sole or concurrent negligence of the indemnified parties.   Owner understands that Equine Obsession is relying upon Owner’s agreement with this paragraph to indemnify, hold harmless and defend indemnified parties, and that absent Owner’s agreement to do so, Equine Obsession and its management would not enter into a boarding contract with Owner.
  11. Owner’s Acceptance or Responsibility. Owner has inspected the premises and/or has in some other way satisfied himself/herself that the condition of the premises, the facilities, and the horse hay/feed (if applicable), will provide adequate level of health and safety for Owner’s Horse and Owner, Owner’s family, guests and visitors who enter the premises.  Owner agrees to be responsible for any and all damages, injuries, loss of life caused by or to the animal(s) while in care, custody and control of Owner, Owner’s family members, trainer and invitees or other handler or agent appointed by them.  Owner agrees to pay repair costs associated with any damage their horse does to its stall or pen; and any property damage caused by Owner’s Horse.  Owner agrees and understands that Equine Obsession does not have insurance to cover Owner’s Horse or personal injury or property damage. Owner agrees to maintain personal liability insurance on the Horse.  Owner is also responsible for accidents, injuries, and loss of life sustained by Owner, Owner’s family members, invitees, and agents caused by or in relation to Owner’s Horse.  Owner agrees at all times to maintain adequate accidental/medical insurance to cover Owner and family members.
  12. Vacating Premises. Owner agrees not be remove Owner’s Horse from the premises until all charges accrued are paid in full.  After all fees have been paid in full and the horse has been removed from the premises, this Agreement is concluded.  Any tack, equipment, or other personal property left at Equine Obsession for thirty (30) days after vacating becomes property of Equine Obsession.
  13. Release of Liability and Indemnity. In consideration of boarding owner’s horse at the premises, owner, for themselves, and on behalf of his/her children and/or legal wards, heirs, administrators, personal representatives or assigns, do hereby fully, completely, and finally release, acquit and forever discharge Equine Obsession, and all of their predecessors, successors, heirs, executors, administrators, representatives, parent companies, subsidiaries, affiliated firms and entities, partners, agents, servants, employees, officers, directors, trustees, assigns, and all other directly related persons and entities (“Equine Obsession parties”), of and from any and all claims, complaints, charges, liabilities, obligations, promises, controversies, damages for death, personal injury or to property, demands, debts, actions and causes of action, of every nature and kind whatsoever, whether in contract or in tort, whether for bad faith or unfair claims settlement practices, and whether statutory or common law, past, present and future, whether known or unknown, including those caused by or in any way contributed to the negligence of Equine Obsession parties which arise from or are related to the owner boarding their horse at the premises, or accidents or occurrences at the premises or transporting their horse to and from the premises.

    Owner, for themselves, and on behalf of his/her children and/or legal wards, heirs, administrators, personal representatives or assigns agree to indemnity and hold Equine Obsession parties harmless from all claims brought by, through or on behalf of owner, which arise from or are related to the owner boarding their horse at the premises or accidents or occurrences at the premises or transporting their horse to and from the premises. Equine Obsession parties claims for indemnity shall include but not be limited to, reimbursement for all costs and attorneys fees associated with defense of any claims made against it.

    It is Owner’s express intent that this Agreement shall bind Owner’s family, children, wards, spouse, and guests if Owner is alive, and Owner’s heirs, assigns and personal representative, if Owner is deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue.

  1. Holdover. If Owner fails to remove Owner’s Horse after this Agreement has ended, Owner will pay Equine Obsession board for the holdover period and indemnify Equine Obsession and prospective Owners for damages, including but not limited to lost board, costs, and attorney’s fees.  Board for any holdover period will be three (3) times the monthly board, calculated on a daily basis, and will be immediately due and payable daily without notice or demand.   Notwithstanding the foregoing, Owner may not remove Owner’s Horse if Equine Obsession has not been paid in full without Equine Obsession’s consent.
  2. Lien Against Boarded Animal(s) and Personal Property. Owner hereby grants Equine Obsession a security interest and possessory lien against Owner’s Horse and personal property stored on the premises for the value of all unpaid charges resulting from boarding and rending any other services.  In the event Owner fails to pay any charges herein when due, Equine Obsession is entitled to enforce said lien and sell the horses(s) for the amount due according to Texas state law (Texas Business & Commerce Code, Article 9).  If Equine Obsession must sell the boarded horse(s) and personal property to recoup charges, all expenses pertaining to the sale will be charged to Owner. 
  3. Assignment/Subletting. Owner shall not assign this agreement or sublet any portion of the premises, or grant any concession or license to use the premises or any part thereof, without the prior written consent of Equine Obsession.  A consent by Equine Obsession to one assignment, subletting, concession or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession or license.  An assignment, subletting, concession or license without the prior written consent of Equine Obsession shall be void and shall, at Equine Obsession’s option, terminate this Agreement.
  4. Attorney's Fees and Costs. Owner agrees to pay all costs, expenses, fees, and charges incurred by Equine Obsession in enforcing, by legal action or otherwise, any of the provisions, covenants or conditions of this Agreement, including reasonable attorney's fees. Owner also agrees to pay pre-judgment interest and post-judgment interest at a rate of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is less.
  5. Representations. Owner’s statements in this Agreement are material representations.  If Owner makes a misrepresentation in this Agreement, Owner is in default.
  6. Notice. Any notice required or permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown below. Notice may also be given by regular mail, email, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

Equine Obsession to:

200 Highland Circle
Argyle, Texas 76226
Phone: 940-240-5800
Email: lori@ustrinity.com

Owner to:

Street Address:
City:
State:
ZIP:
Phone:
Email:
    1. Miscellaneous Provisions.
    1. Entire Agreement. There are no oral agreements between Equine Obsession and Owner. This Agreement constitutes the entire agreement between the parties, and it may not be modified or changed except by written instrument executed by both parties.
    2. Time is of the Essence. Time is of the essence regarding all provisions of this Agreement.
    3. Binding Effect. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors and permitted assigns.
    4. Severable Clauses. In the event any term, provision or condition of this Agreement is held invalid, the other provisions shall not be effected.  Furthermore, the rule of strict construction against the drafter of a document shall not be used in interpreting this Agreement.
    5. Waiver. No failure of Equine Obsession to enforce any term hereof shall be deemed a waiver, nor shall any acceptance of a partial payment of rent be deemed a waiver of Equine Obsession’s right to the full amount thereof.
    6. Joint and Several. All Owners are jointly and severally liable for all provisions of this Agreement.  Any act or notice to, or signature of, any one or more of the Owner regarding any term of this Agreement, or its termination is binding on all Owners executing this Agreement.
    7. Controlling Law. The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this Agreement.  Exclusive venue shall be in Denton County, Texas.
    8. Agreement Scope. This Agreement shall be legally binding upon Equine Obsession and Owner and Owner’s parents or legal guardians should Owner be a minor, when signed by both parties. 
    9. Rules and Regulations. Equine Obsession reserves the right to make additional rules and regulations pertaining to the premises in writing and Owner will be obligated to follow those rules and regulations.
  1. Statutory warning. under Texas law (Chapter 87, Civil Practice and Remedies Code), a farm animal professional or farm owner or lessee is not liable for an injury to or the death of a participant in farm animal activities, including an employee or independent contractor, resulting from the inherent risks of farm animal activities.
  1. Additional Provisions.
     

All owners and both parents or legal guardians if owner is a minor, or authorized agent for such parties, must sign below after reading the entire document. both spouses must sign for themselves. 

Signer statement of awareness.  I/We the undersigned, have read and do understand the foregoing Agreement, Warnings, Assumptions of Risk and Release Agreement.  I/we understand that by signing below I am waiving valuable legal and equitable rights and assuming important legal obligations.  I/we have carefully considered the risks involved in signing this Agreement and sign with full knowledge of those risks.  I/we further attest that all stated facts are true and correct.  

Please consult your attorney with any questions regarding any part of this Agreement.   

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Signature Certificate
Document name: BOARDING AGREEMENT
lock iconUnique Document ID: 0e99ebc4f144994b0d9742765ccedca33b2d0a05
Timestamp Audit
March 19, 2024 1:09 pm CSTBOARDING AGREEMENT Uploaded by Equine Obsession - admin@equineobsession.com IP 172.108.167.50
March 19, 2024 1:15 pm CST Document owner david@ustrinity.com has handed over this document to admin@equineobsession.com 2024-03-19 13:15:09 - 172.108.167.50