Boarding Agreement

1.  FEES, TERM AND LOCATION

Boarder acknowledges and accepts those terms set forth in the rate schedule applicable as issued by Owner, whether said rates be daily, weekly or monthly.  Payment shall be due 15 days after invoices are issued to the Boarder by the Owner.  The amounts listed on the attached rate sheet, or latest revision thereof, as, and for, the cost of boarding and maintaining the stall or corral in which the Horse(s) is/are located, plus any additional services, includingwaste removal.  Any payment received later than 15 days after issuing of an invoice shall be subject to a late penalty fee as set forth in the rate sheet.

In the event the subject animal is removed from the premises for any reason and returned, this Agreement shall be deemed reinstated as rates applicable at the time of said return.  Owner reserves the right to notify Boarder if the horse(s), in the Owner’s opinion, is deemed to be dangerous or undesirable for Owner’s establishment.  In such case, Boarder shall be solely responsible for removing the horse immediately upon receipt of said notice and for payment of all fees incurred during the horse’s presence upon the premises.  This Contract shall be deemed terminated and concluded upon payment of all fees.

The boarding fee is due 15 days after invoices are issued.  In the event said payment is overdue by thirty (30) days from the date invoices are issued, Owner shall be entitled to exert a lien against said horse(s), and the property upon the premises as more further described below, for any amounts due, and shall be entitled to enforce said lien and foreclose its interest against said horse(s) and/or equipment for the amount due in accordance with the laws of the State of Wyoming.

2.  DESCRIPTION OF HORSE(S) TO BE BOARDED

Boarder agrees to submit a fully complete Boarder Information Sheet for each horse boarded upon execution of this Agreement.  The terms and conditions set forth herein shall be applicable to each and every animal.

3.  FEED, FACILITIES AND SERVICES

Boarder understands they are responsible in providing adequate feed for normal and reasonable care required to maintain the health and well‑being of their animal(s).  Boarder acknowledges Boarder has inspected the facilities and finds them in safe and proper order.  

4.  RISK OF LOSS AND STANDARD OF CARE

During the time that the horse(s) is/are in the care, custody and control of the Boarder, Owner shall not be liable for any sickness, disease, estray, theft, or death or injury which may be suffered by the Horse(s) or any other cause or action, whatsoever, arising out of or being connected in any way with the boarding of said horse(s).  This includes, but is not limited to, any personal injury or disability the horse Boarder,  Boarder’s guest, or Boarder’s grooms or contract laborers may receive on the Stable premises.

The Boarder fully understands that Owner does not carry any insurance on any horses not owned by it for boarding or for any other purposes, whether public liability, accidental injury, theft or equine mortality insurance and that all risks connected with boarding or for any other reason for which the horse(s) in the possession of, and on the premises of Stable are to be borne by the Boarder.  Owner strongly recommends equine mortality insurance be obtained applicable to the subject horse(s) by Boarder.

THE STANDARD OF CARE APPLICABLE TO STABLE IS THAT OF ORDINARY CARE OF A PRUDENT HORSE OWNER AND NOT AS A COMPENSATED BAILEE.

BOARDER AGREES TO OBTAIN EQUINE INSURANCE FOR ANY ANIMALS VALUED IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000) AT BOARDER’S EXPENSE, OR FOREGO ANY CLAIM FOR AMOUNTS IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000).  BOARDER AGREES TO DISCLOSE THIS ENTIRE AGREEMENT TO BOARDER’S INSURANCE COMPANY AND PROVIDE OWNER WITH THE COMPANY’S NAME, ADDRESS AND POLICY NUMBER.  FAILURE TO DISCLOSE INSURANCE INFORMATION SHALL BE AT BOARDER’S RISK.

5.  HOLD HARMLESS

Boarder agrees to hold Owner harmless from any and all claims arising from damage or injury caused by said horse(s) to anyone, and defend Owner from any such claims.  Boarder agrees to disclose any and all hazardous or dangerous propensities of horse(s) boarded with Owner.

6.  EMERGENCY CARE

Owner agrees to attempt to contact Boarder should Owner feel that medical treatment is needed for said horse(s), but, if Owner is unable to contact Boarder, Owner is then authorized to secure emergency, veterinary, and blacksmith care required for the health and well being of said horse(s).  All costs of such care required for the health and well‑being of said horse(s) shall be paid by Boarder within fifteen (15) days from the date Boarder receives notice thereof, or Owner is authorized, as Boarder’s agent, to arrange direct billing to Boarder.

OWNER SHALL ASSUME THAT BOARDER DESIRES SURGICAL CARE IF RECOMMENDED BY A VETERINARIAN IN THE EVENT OF COLIC, OR OTHER LIFE‑THREATENING ILLNESS, UNLESS OWNER IS INSTRUCTED HEREIN OR ON BOARDER’S INFORMATION SHEETS, BY BOARDER THAT THE HORSE(S) IS/ARE NOT SURGICAL CANDIDATES.

Boarder agrees to notify Owner of any and all changes of address, emergency telephone numbers, itineraries or other information reasonably necessary to contact Boarder in the event of an emergency.  In the event Boarder departs for vacation or is otherwise unavailable, prior to departure Boarder shall notify Owner as to what party is authorized to make decisions in the Boarder’s place with regard to the health, well‑being, and/or medical treatment of the horse(s).

7.  LIMITATION OF ACTIONS

Any action or claim brought against Owner for breach of this Contact or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.

8.  SHOEING, WORMING AND MEDICAL

The Horse(s) must be current on all inoculations and wormings AT THE TIME IT IS DELIVERED to Owner as evidenced by a current Veterinary Certificate.  Horse(s) not accompanied by a current Veterinary Certificate will be vaccinated and/or wormed upon arrival at the expense of Boarder.

To be considered current the Veterinary Certificate must have been issued within thirty (30) days prior to horse(s) arriving at barn.

Boarder agrees to provide Owner with all health records with regard to the horse(s)  Boarder agrees to have the horse(s) wormed and vaccinated current and to keep on a regular schedule, and in the event same is not accomplished and proof of same presented to Owner within thirty (30) days from the date Owner requests of such services or veterinary treatment, Owner is authorized to arrange for such treatment, but is not obligated to do so;  such expense for same shall be the obligation of Boarder, and upon presentation by Owner of the bill for services rendered, including service charges, such bill shall be paid within fifteen (15) days from the date the bill is submitted to the Boarder.

9.  OWNERSHIP‑COGGINS TEST

Boarder warrants that he owns the horse(s) and will provide proof satisfactory to Owner of the negative Coggins test upon request.

10.  CHANGES OR TERMINATION OF THIS AGREEMENT

It is agreed by the Parties that this Agreement may be changed or terminated by Owner upon seven (7) days notice.  All notices must be issued in writing unless otherwise agreed upon by the Parties.  The receipt of updated rate schedules shall constitute notice of any and all rate changes or regulation changes as may be deemed appropriate by Owner.

11.  RULES AND REGULATIONS

The Boarder agrees to abide by all the rules and regulations of the Owner and acknowledges receipt of same.

In the event someone other than the Boarder shall call for the horse(s), such person shall have written authority signed by Boarder to obtain said horse(s).

12.  RIGHT OF LIEN

The Boarder is given notice that the Owner has a right of lien as set forth in the laws of the State of Wyoming, for the amount due for the board and keep of such horse(s), and also for storage and services, and shall have the right, without process of law, to retain said horse(s) and other property until the amount of said indebtedness is discharged.  Owner also has the right to demand that all indebtedness be paid in cash, cashier’s check or money order.  However, Owner will not be obligated to retain and/or maintain the horse(s) in question in the event the amount of the bill exceeds the anticipated unregistered value of the horse(s).  In the event Owner exercises Owner’s lien rights as above‑described for nonpayment, this Agreement shall constitute a Bill of Sale and authorization to process transfer applications for any breed registration as may be applicable to said horse(s) upon affidavit by Owner’s representatives setting forth the material facts of the default and foreclosure as well as Owner’s compliance with foreclosure procedures as required by law.  In the event collection of this account is turned over to an attorney, Boarder agrees to pay all attorney’s fees, costs and other related expenses for which a minimum charge of $250.00 will be assessed.

13.  PROPERTY IN STORAGE ON OWNER’S PREMISES.

Owner shall not be responsible for the theft, loss, damage or disappearance of any tack or equipment or other property stored at Owner as same is stored at Boarder’s risk.  Owner shall not be liable for the theft, loss, damage or disappearance of any tack or equipment taken to horse shows or clinics.  

14.  ENTIRE AGREEMENT.

This Contract represents to entire agreement between the Parties.  No other agreements, promises or representations, verbal or implied, are included herein unless specifically stated in this written agreement.  This Contract is made and entered into in the State of the Owner’s domicile, and shall be enforced and interpreted in accordance with the Laws of said State.

16.  ENFORCEABILITY OF CONTRACT AND SEVERABILITY.

In the event one or more parts of this Contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.

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POLO PLAYERS WAIVER AND RELEASE

AGREEMENT AND RELEASE

The undersigned, in consideration of the premises, including the right to participate directly or indirectly or as a spectator in the events and activities hereinafter described, and other good and valuable considerations, does hereby acknowledge and agree as follows:

1.       Activities including but not limited to hunting or shooting of animals, clays and other targets, or sport shooting of any kind including being in the presence of firearms; horseback riding, fishing, polo, and other sporting or recreational activities conducted at or around Flying H Ranch, or at any of its related or affiliated properties whether owned or leased, are inherently dangerous activities which may result in serious bodily injury or death.

2.         The undersigned, for himself (herself), his (her) successors and assigns, does hereby fully and irrevocably assume any and all of the risks of personal injury, death or property damage associated with any recreational activities, including the above described activities; and furtherincluding, but not limited to the acts or omissions of hunters, shooters, riders, fishermen, or other third parties, whether such persons are present with or without permission, and whether such injury or damage result from the physical condition of Flying H Ranch property, machinery or equipment, forces of nature or acts of God, and/or for any negligence of the Flying H Ranch or any of its agents, employees, guests or invitees.

3.         The undersigned further acknowledges, represents and understands that there will be other persons on the properties described above, and agrees to act prudently and carefully to avoid causing any injury to any third parties.  The undersigned further certifies that he (she) is familiar with the proper use and operation of firearm(s) and/or other sporting equipment to be used while at Flying H Ranch and familiar with the rules and etiquette of hunting, shooting, firearm safety, riding and fishing and other recreational activities undertaken, viewed or participated in by the undersigned.

4.         The undersigned for himself (herself) fully, irrevocably, and forever releases and discharges Flying H Ranch, its owners, employees, agents and representatives, and all other persons whomsoever directly or indirectly liable from any and all claims, demands, actions and damages, and/or legal liability of any kind, nature or description in any way arising out of or resulting in the personal injury, death or property damage sustained by the undersigned from the above mentioned activities conducted at or around Flying H Ranch, or in connection with Flying H Ranch, including those that may be caused by negligence and/or any other cause.  The undersigned does expressly stipulate and agree to indemnify and hold harmless Flying H Ranch, its owners, employees, agents and representatives from any and all claims, causes of action and damages, which they or any of them may incur as a result of participation by the undersigned, or any minor or other person for whom the undersigned is a legal guardian, in the above specified activities conducted in or around Flying H Ranch.

The undersigned further acknowledges and agrees to conduct himself (herself) according to the USPA Code of Conducts:  “Players must respect their teammates, opponents, and the officials”.

5.         Flying H Ranch is defined to include, but is not limited to S.K. Johnston, Jr., individually, and to any and all properties owned or leased by S.K. Johnston, Jr. and any other members of the Johnston Family, Recreational Properties, LLC., Bendabout Land and Cattle Co., LLC., Big Sky Land Co. LLC, and Wilwalka, LLC, and other related companies, partnership, or entities.

The undersigned gives this release and assumes all the risks attendant thereto in consideration of being allowed to enter into and hunt, shoot, ride, fish or engage in any other activity at Flying H Ranch.

The undersigned further acknowledges and agrees that the terms of this release and assumption of risk are contractual and not mere recitals, contain the entire agreement between the undersigned and Flying H Ranch, and shall be binding upon the undersigned, his (her) heirs, executors, successors, and assigns, and shall be construed according to the laws of the State of Wyoming.

I have read and understand the above document.

In the event recreational activities will be engaged in by any minor (being a person under the age of 18 years) the undersigned executes this release on behalf of the minor child, as the parent or guardian of said minor.