CAUTION: PLEASE READ CAREFULLY BEFORE SIGNING
1. PARTIES. This agreement is made this day of , 20 by and between Black Creek Hill Farms, a North Carolina limited liability company located in Benson, Johnston County, North Carolina, and (hereinafter referred to as “Boarder”).
2. HORSE. This contract pertains to the horse (hereinafter referred to as “horse”):
Name of horse:
Insurance Carrier/Policy No./Telephone No.(if applicable):
3. OWNERSHIP. Boarder
has full title and registration
has purchased the horse on installment contract with final payment due on
leases the horse; or
manages the horse and full title and registration are currently held by
Address Telephone #:
4. SERVICE PROGRAM. Boarder hereby contracts for Black Creek Hill Farms services as defined herein for the following base fee, plus such other additional fees and expenses described below as may apply:
o $ 300.00 per month for Full Stall boarding
o $ 250.00 per month for Partial Stall boarding
o $ 200.00 per month for Full Pasture boarding
o $ 150.00 per month for Partial Pasture boarding
5. FULL MONTHLY BOARD. This program is available to horses that remain at Black Creek Hill Farms exclusively. In the event that the horse is to be permanently removed from the property, Boarder shall provide (30) days notice or shall pay an amount equal to one month’s board. All horses will be provided grain and either hay or pasture grass for feeding twice daily and daily turnout for exercise (with stall boarding). Fresh water will also be included. No forced exercise or grooming shall be provided except as requested below.
6. PARTIAL MONTHLY BOARD. This program is available to horses that remain at Black Creek Hill Farms exclusively. In the event that the horse is to be permanently removed from the property, Boarder shall provide (30) days notice or shall pay an amount equal to one month’s board. Boarder shall provide all horses with grain and hay for feeding twice daily and shavings (with stall boarding). Black Creek Hill Farms will feed the boarders pre determined amount to each horse. Fresh water will also be included. Daily turnout for stall boarding is included. No forced exercise or grooming shall be provided except as requested below.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION. Black Creek Hill Farms and its affiliates, agents, employees, officers and directors, shall not be liable for sickness, disease, astray, theft, death or injury that may be suffered by the horse while in the custody of Black Creek Hill Farms, nor for any other loss, damages or injury arising out of or connected with breeding, boarding, conditioning, training, or other services pursuant to this Agreement, except as provided by law. Boarder fully understands, authorizes and assumes the risks inherent in conditioning, training, breeding and transporting horses and acknowledges that mortality and other insurance is solely Boarder’s responsibility. All implied warranties; including fitness, merchantability, or otherwise, and all special, incidental and consequential damages are hereby excluded, to the full extent permitted by law. In no event shall Boarder’s remedy exceed the amount of the fee paid for the services complained of. Black Creek Hill Farms shall also not be liable for any personal injury or disability which the Boarder or his agents, representatives, families may receive while on or off Black Creek Hill Farms’ premises except as required by law. Boarder agrees to indemnify and hold Black Creek Hill Farms harmless from any claim related to damages, illness or injury caused by his horse, and from any claim by a buyer of the horse, and agrees to pay all expenses and attorney’s fees incurred by Black Creek Hill Farms in defending such claims. NO OUTSIDE TRAINERS OR INSTRUCTORS ARE ALLOWED TO USE BLACK CREEK HILL FARMS FACILITIES FOR ANY REASON.
8. ACCEPTANCE. This Agreement is not effective until approved and executed by Black Creek Hill Farms, which reserves the right to reject any horse at its sole discretion. All service programs are subject to availability and Black Creek Hill Farms reserves the right to discontinue any service program.
9. VACCINATIONS. Boarder warrants that the horse is free of all communicable diseases upon delivery to Black Creek Hill Farms. On or prior to arrival, the Boarder shall provide a record of current vaccination and a negative Coggins test performed within (11) months prior to arrival. If the horse arrives without records of such vaccinations and test, Black Creek Hill Frams may, at its option, refuse to accept the horse or provide the vaccinations and test at Boarder’s expense. THE HORSE MUST BE DEWORMED 48 HOURS BEFORE ITS ARRIVAL AT Black Creek Hill Farms. If the horse arrives without deworming within 48 hours, the horse will be wormed on arrival at Boarder’s expense and put in a stall for 48 hours.
10. VET CARE. Boarder has the option of authorizing Black Creek Hill Farm to maintain and provide vaccinations, dental care, hoof care, deworming and other horse care needs, including emergency care, at Boarder’s expense. Black Creek Hill Farms shall immediately inform Boarder of any emergency involving Boarder’s horse and, if not life threatening, wait for Boarder’s consent prior to contacting a veterinarian. If, in our opinion, the injury is life threatening, Black Creek Hill Farm is hereby authorized to summon veterinary assistance prior to contacting Boarder and without waiting for Boarder’s consent.
11. BILLING. All board is due and payable on the 1st day of each month in advance. If Boarder fails to pay any amount due hereunder for more than ten (10) days, Black Creek Hill Farm may immediately charge a late charge of $25.00 per month until paid in full. In the event payment is overdue by thirty (30) days, Black Creek Hill Farm shall be entitled to a lien against the horse stored upon Black Creek Hill Farm’ premises in the full amount due. Enforcement of said lien shall be at the discretion of Black Creek Hill Farm who may sell the horse for amounts outstanding in accordance with North Carolina law. Black Creek Hill Farm reserves the right to retain possession of the horse until all invoices are paid in full. In the event collection of this account is turned over to an attorney, Boarder agrees to pay all reasonable attorney fees, cost, and other related expenses. At Boarder’s request or as required in an emergency situation, Black Creek Hill Farm shall provide, but not be limited to, veterinary services, farrier services, and incidental out-of-pocket expenses, at Boarder’s expense.
12. RELEASE. Boarder shall make arrangements with Black Creek Hill Farm for the horse’s release 48 hours in advance. Customer is solely responsible for determining whether the horse is sufficiently healthy to be moved and for obtaining any necessary blood tests, vaccinations, and health certificates. Upon commencement of preparing the horse for shipment, Boarder assumes full responsibility and releases Black Creek Hill Farm from any responsibility or liability for the horse’s health, soundness, breeding condition, transportation and care.
13. LIEN. Boarder agrees that all outstanding balances due for board, conditioning, training, breeding, veterinary care, dental care farrier work and all other fees, charges, and expenses pursuant to this Agreement shall be paid prior to Black Creek Hill Farm’ release of the horse. Boarder grants Black Creek Hill Farm a lien upon and security interest in the horse to secure payment of all obligations and amounts due under this Agreement.
14. NON-ASSIGNABILITY. Boarder may not assign any rights or delegate any duties under this Agreement without the written consent of Black Creek Hill Farms.
15. TERMINATION AND WAIVER. Board may be terminated by Black Creek Hill Farms upon (15) days written notice, except in the event of a default or as provided above. Time is of the essence and no delay or failure by Black Creek Hill Farms to exercise any right shall be deemed a waiver of that or any right or remedy.
16. ENTIRE AGREEMENT, CONSTRUCTION, JURISDICTION, ATTORNEY’S FEES. This Agreement contains the entire understanding of the parties concerning its subject matter, and may be modified only in writing except as otherwise provided. Headings are for convenience only and are not part of the Agreement. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the reminder. The Agreement shall be construed and governed by the laws of North Carolina. At Black Creek Hill Farms’ option, jurisdiction and venue for all disputed matters connected with this Agreement shall be proper only in Benson, Johnston County, North Carolina. If a lawsuit is filed with respect to this Agreement, the prevailing party shall be entitled to collect all reasonable attorney’s fees and costs for such suit.
This Agreement executed this the day of , 20 .
Black Creek Hill Farms
Boarder Signature Brenda Jernigan
City, State and Zip Code
Daytime Telephone Number
Evening Telephone Number