HORSE BOARDING AGREEMENT Owner________________________________________ Trainer_______________________________ Address______________________________________________________________________________ Home Phone________________________ Work Phone______________________________________ Driver's License # _______________________________ Horse(s) Name(s) _____________________________________________________________________ THIS AGREEMENT, for good and valuable consideration, receipt of which is hereby acknowledged, is entered into this _______ day of _____________, 20__ by and between HGS Management, LLC (hereinafter referred to as "STABLE") providing services as an independent contractor, located at 4057 Via Opata, Palos Verdes Estates, California and _______________________________________ (hereinafter referred to as "OWNER"). These parties warrant that they have the right to enter into this agreement. 1. FEES AND TERM: In consideration of OWNER'S payment of fees according to STABLE'S fee schedule, STABLE agrees to board, feed and water the horse(s) hereinafter described. STABLE shall provide OWNER with a fee schedule for boarding services in advance of the signing of this agreement, which shall become a part of this agreement. STABLE’S FEE SCHEDULE MAY CHANGE AT ANY TIME. Should such a change occur, STABLE shall give OWNER no less than a 30 days written notice. STABLE shall provide boarding services to owner on a month-to-month basis. Monthly board is to be paid in advance on the first of each month. At the commencement of this agreement, OWNER shall pay the sum of $__________ (first and last month's board) in consideration for STABLE undertaking the board of the horse(s) hereinafter listed under item 4 Description. Said sum shall be credited equally to the boarding charges incurred for the first and last month of this agreement. Charges for special services will be invoiced and due on the first day of the next month. Late Charges: The parties hereto acknowledge that it would be impractical or extremely difficult to affix the amount of extra expense involved in handling a delinquent payment if fees for boarding services are not paid when due. OWNER therefore agrees to pay STABLE a late charge for any payment not received by the fifth of each month. An initial late charge of $25 shall apply plus a charge of $3.50 per day per horse(s) thereafter until STABLE receives full payment for boarding services and late charges. A fee of $25 will apply to all checks that are returned NSF. Failure to pay boarding fees or other charges as due shall entitle STABLE to immediately terminate this agreement, and to keep the horse(s) in STABLE’S possession until all fees and charges are paid in full. The foregoing is not intended nor shall be construed in any way to limit the rights of STABLE under this agreement, or otherwise compel prompt performance hereunder or to exercise any other right or remedy to which STABLE is lawfully entitled. 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 2. BOARDED HORSE HEALTH WARRANTY: Each horse to be boarded shall enter the premises free from transmissible diseases, and must be effectively wormed, and current on immunizations, tetanus and rabies. OWNER represents and warrants that horse(s) is/are healthy and current with distemper, tetanus, influenza/rhino, sleeping sickness, worming and other required vaccinations. OWNER acknowledges that OWNER shall be responsible for worming, vaccination and shoeing costs. The following up-to-date documents must be presented to STABLE by OWNER prior to the ENTRY of horse(s) on STABLE’S premises: (1) Veterinarian Health Certificate of shots for this year; (2) Worming for the year; and (3) A negative Coggins Test within the last 6 months for horses coming from out-of-state. 3. STABLE’S RIGHT TO REFUSE BOARDING: STABLE reserves the right to refuse the continuation of board of any horse(s) for any reason, to include but not limited to: horse’s poor health or unsoundness; dangerous propensities, habits and/or vices; OWNER's refusal to obey stable rules or to cooperate with STABLE on reasonable requests relative to the management, welfare and safety of animals and people on premises; and, also in the event of the discontinuation of the business of boarding of horses. In such event, STABLE shall give OWNER a 14 days written notice to remove boarded horse(s) from premises. After all fees have been paid in full, this agreement is concluded. 4. DESCRIPTION OF HORSE(S) TO BE BOARDED: Name: . Age: Color: Registration/Tattoo Sex: Breed: Number (if applicable): Disclose Horse's Vices, Unique Habits, etc. __________________________________ 5. EXERCISE: OWNER shall be responsible for the exercise of the horse(s) described above. OWNER and STABLE, however, agree that an absolute minimum exercise for a healthy horse is either THREE TURNOUTS or THREE HANDWALKS a week. If STABLE determines that OWNER's horse is NOT being exercised at the minimum level, thus posing a health threat to itself and/or staff, then STABLE will notify OWNER in writing to meet STABLE'S minimum exercise requirement. If OWNER still fails to meet the minimum exercise requirement and OWNER cannot demonstrate a medical condition excusing the horse(s) from exercise, then STABLE may exercise horse at the stated minimum level. OWNER will be charged per fee schedule for said exercise and the additional fees will be due on the first day of the next month. 6. WARRANTY OF OWNERSHIP: OWNER warrants that OWNER is the legal owner of the horse(s) described above, free and clear from any claims or interests of any third party. Notwithstanding any arrangement between OWNER and any third party, OWNER shall be liable for any and all boarding fees and compliance with this agreement. 7. RULES AND REGULATIONS: OWNER shall abide by all rules and regulations promulgated by STABLE, whether now in effect or as later adopted, and shall comply with all laws, ordinances and government regulations. OWNER hereby acknowledges receipt of the current rules, as stated in the Palos Verdes Stable Handbook, which is attached hereto as Exhibit A and is incorporated by reference as if fully 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 set forth herein. OWNER agrees he and his guests and invitees will be bound and abide by these rules, and accepts responsibility for the conduct of his guests and invitees according to these rules. STABLE may revise these rules from time to time and OWNER agrees any revision shall have the same force and effect as current rules. Failure, as determined in STABLE’S sole discretion, of OWNER or OWNER’s guests and invitees to abide by rules may result in STABLE declaring OWNER in default hereunder and result in termination of this agreement. 8. RISK OF LOSS: OWNER acknowledges that he inspected STABLE'S premises and satisfied himself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for OWNER'S horse and OWNER, OWNER'S family, guests, and visitors who enter the premises. OWNER agrees to assume and singularly bear all responsibility and risk to himself, his employees, agents and invitees while upon the premises of STABLE or while participating or engaging in equestrian activities. OWNER further agrees that during the time that the horse(s) is/are in STABLE'S custody, STABLE shall not be liable for any sickness, disease, theft, death or injury which may be suffered by the horse. This includes, but is not limited to, any personal injury or disability the horse may receive while on STABLE’S premises. OWNER fully understands and hereby acknowledges that STABLE does not carry any insurance on any horse(s) not owned by STABLE, including, but not limited to, such insurance for boarding or any other purposes, for which the horse(s) is/are covered under any public liability, accidental injury, theft or equine mortality insurance, and that all risks relating to boarding of horse(s), or for any other reason for which the horse(s) is/are in the possession of STABLE, are to be borne by OWNER. OWNER acknowledges being advised by STABLE to purchase insurance, including all hazards, liability and animal mortality to protect OWNER'S interests. 9. INDEMNIFICATION AND HOLD HARMLESS: OWNER agrees to defend, indemnify and hold STABLE harmless from any claim resulting from damage or injury caused by said horse(s), OWNER or OWNER's employees, agents, guests and invitees, to anyone, including but not limited to legal fees and/or expenses incurred by STABLE in defense of such claims. 10. LIABILITY INSURANCE: OWNER warrants that he presently carries in full force and effect, and throughout the period of this agreement shall continue to carry and maintain in full force and effect, liability insurance protecting OWNER and STABLE from any and all claims arising out of or relating to this agreement. OWNER shall provide STABLE with an original evidence of authorized insurance that meets the requirements set forth in the insurance statement attached hereto as "Exhibit B". 11. DIRECT LOSS TO PERSONAL PROPERTY WARNING: OWNER is hereby warned that while on STABLE'S premises, direct loss, damage, theft or injury to OWNER'S tack, equipment and trailer is not covered by STABLE'S insurance. OWNER shall carry his own personal property insurance for said items. 12. EMERGENCY CARE: STABLE agrees to attempt to contact OWNER, at the following emergency telephone number (_____) ________________________, should STABLE feel that medical treatment is needed for said horse(s). In the event STABLE is unable to so contact OWNER within a reasonable time, which time shall be judged and determined solely by STABLE, or if the state of the horse's health requires immediate action, then STABLE is hereby authorized to request the service of a veterinarian or blacksmith of its choice or to give any other attention that appears necessary. The cost of such care shall be due and payable by OWNER within 15 days from the date OWNER receives notice thereof. STABLE is authorized to arrange direct billing to the OWNER for such care as may be provided by third parties. Name and phone number of Veterinarian that should be contacted in case of emergency: Veterinarian: ________________________ Phone Number_________________ 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 Optional Waiver of Emergency Care: OWNER waives the requirement that STABLE contact OWNER's veterinarian and/or secure care in case of an emergency. OWNER initials: ____________ 13. ENTRY ON PREMISES: OWNER shall not cause or attempt to cause entry by independent contractors, tradesmen or other persons onto the premises of STABLE without the prior written consent of STABLE. OWNER shall not solicit, enlist or hire any STABLE employee to perform any service for OWNER. 14. ASSIGNMENT: OWNER cannot assign this agreement, or the rights and obligations hereunder, to a third party without the express written consent of STABLE. 15. NOTICE OF TERMINATION: OWNER agrees that thirty (30) days notice shall be given to STABLE as to the termination of this agreement. In the event that OWNER gives notice of termination, any fee, cost, charge or other amount incurred under this agreement shall be immediately due and payable. 16. DEFAULT: Either party may terminate this agreement for failure of the other party to meet any material terms of this agreement, including but not limited to item 7 Rules and Regulations. In the case of a default by one party, the other party shall have the right to recover legal fees and expenses, if any, incurred as a result of said default. OWNER'S failure to pay any fee, cost, charge or other amount due under this agreement shall place OWNER in default hereunder. 17. GRANT OF SECURITY INTEREST: OWNER is put on notice that STABLE has and may assert and exercise a right of lien, as provided for by the laws of the State of California for any amount due for the board and keep of horse(s), and also for any storage or other charges due hereunder, and further agrees STABLE shall have the right, without process of law, to attach a lien to OWNER'S horse(s). It is the intention of the parties that such security interest shall be governed by the provisions of Division 9 of the California Commercial Code and without limitation shall not diminish any right in which STABLE may have a possessory lien inuring to its benefit pursuant to the provisions of Chapter 6 or Title 14 of the California Civil Code, Section 3501 et seq. OWNER acknowledges that this agreement grants a security interest to STABLE as a secured party in any and all horse(s) described above. Applicable California law, among other rights, entitles STABLE to sell the horse(s) described above in the event of OWNER's default. OWNER hereby acknowledges that STABLE advised OWNER to consult legal counsel in regard to said security interest. 18. MEDIATION/ARBITRATION BY EQUINE DISPUTE RESOLUTION SERVICE: In the event of any dispute or disagreement relating in any manner whatsoever to this agreement, the parties agree and consent to engage in mediation in a good faith effort to resolve the dispute amicably before either party resorts to court action. Mediation shall be conducted by and according to the rules of the Equine Dispute Resolution Service (hereinafter referred to as "EDRS") and shall be commenced within 45 days of such disagreement or the request of either party to mediation. In the event that the parties are unable to successfully resolve said dispute through mediation, then the parties agree to submit the dispute to binding arbitration by and according to the rules of EDRS, within 30 days of any declaration of impasse by EDRS. 19. NOTICE: Any notice, demand, request, content, approval or communication that either party desires or is required to give to the other party shall be in writing and served personally or sent by prepaid, certified or registered mail with return receipt to the address set forth in the introductory paragraph of this agreement. Either party may change address by notifying the other party in writing of the change of address. Notice shall be deemed communicated upon the first to occur (1) actual receipt of notice, or (2) forty-eight (48) hours after the time of the mailing. 20. ATTORNEYS FEES: If either party commences an action or otherwise seeks recovery against the other party out of, or in connection with, this agreement (including an action seeking a declaration of rights hereunder) then the prevailing party shall be, in addition to any other relief awarded or obtained, 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 whether by settlement, arbitration, complete adjudication or otherwise, entitled to have and recover from the losing party reasonable attorneys fees and court costs. 21. GOVERNING LAW AND SEVERABILITY: This agreement shall be construed and interpreted in accordance with the laws of the State of California. In the event that any provision of this agreement is declared by a court of competent jurisdiction to be void, invalid or unlawful, then such provision shall be deemed severed from the remainder of this agreement and the balance shall remain in full force and effect. 22. INTEGRATION: This agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 23. COUNTERPARTS: The parties may execute this agreement in two or more counterparts, which shall in the aggregate, be signed by all parties. Each counterpart shall be deemed an original instrument as against any party who signed it. 24. CANCELLATION: It is mutually agreed that in the event that STABLE is unable to operate financially or the City of Palos Verdes Estates renders a decision to discontinue current horse boarding operations, no less than a 30 days written notice of cancellation will be given to OWNER. Executed as of the date first set forth above. STABLE: By: ________________________________________ HGS Management, LLC Date: __________________________ OWNER: By: ________________________________________ (Owner's Signature) Date: __________________________ Owner’s Name: _______________________________ ACKNOWLEGEMENT OF THE PALOS VERDES STABLE RULES AND REGULATIONS I, ____________________________________, have read and do understand the rules and regulations of the Palos Verdes Stable as stated in the handbook and will abide by them at all times while on the property of the Palos Verdes Stable. I understand that if I disregard or violate the rules in any way, I may be held responsible for any damage incurred. I understand that Palos Verdes Stable is neither responsible nor liable for my actions and I will hold them blameless in case of injury. By: ________________________________________ (Owner's Signature) Date: __________________________ 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 EXHIBIT B – INSURANCE STATEMENT The contractor/renter shall provide an original evidence of authorized insurance for the term of the agreement protecting legal liability of the City of Palos Verdes Estates, or HGS, LLC., their officers, agents, servants, and employees, from occurrences as to commercial general liability insurance and other liability coverage is required. This may be provided by: 1. Insurance Certificate – The contractor/renter providing HGS with a signed original certificate (the ACORD form is acceptable), lawfully transacted, which sets forth the following A. List as the Additional Insured: “HGS Management, LLC and The City of Palos Verdes Estates c/o HGS Management, LLC. 4057 Via Opata, Palos Verdes Estates, CA 90274.” B. Coverage: Commercial general liability in not less than the following amounts per occurrence: $500,000 for contracts for which liability insurance is required by the State of California. C. Cancellation Notice: A Statement by the insurance company that it will not cancel said policy or policies without giving 10 days prior written notice to HGS Management. D. Company: The Company providing coverage much be acceptable to the California Department of Insurance. 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 INDEMNIFICATION FOR ADULTS I attest and verify I am physically and mentally able to participate in the use of the Palos Verdes Stables and adjacent area (the “Facility”). Located at 4057, Via Opata, Palos Verdes Estates, California 90274. Furthermore, I hereby waive, release and discharge any and all claims or rights to claims for damages for death, personal injury or property damage which I may have or which may hereafter accrue to me, as a direct or indirect result of my arrival at, departure from or use of the Facility. This Release is intended to discharge in advance the City of Palos Verdes Estates, HGS Management, LLC and each of their officers, officials, employees and agents from and against any and all liability arising out of or connected in anyway with my arrival at, departure from or use of the Facility, even though that liability may arise out of negligence or carelessness on the part of any of the persons or entities mentioned above, except to the extent caused by gross negligence or willful misconduct of any of those persons. I further understand serious accidents may occur during my arrival at, departure from or use of the Facility and could result in mortal or serious personal injuries, and property damage, as a consequence thereof. Knowing the risks, nevertheless, I hereby agree to assume those risks and to release and hold harmless all of the persons or entities mentioned above who, through negligence or carelessness, might otherwise be liable to me, or my heirs or assigns for damages. It is further understood and agreed this waiver, release and assumption of risk is to be binding on my heirs and assigns. I agree to accept and abide by the rules and regulations of the City of Palos Verdes Estates and HGS Management, LLC. Effective Date: ____________________ _________________________________ Participant Name (Please print) _________________________________ Participant Signature Address 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 TO BE SIGNED BY PARENTS/GUARDIANS OF A MINOR I attest and verify I am the parent/guardian of _______________ and my child/ward is physically and mentally able to participate in the use of the Palos Verdes Stables and adjacent area (the “Facility”). Located at 4057, Via Opata, Palos Verdes Estates, California 90274. Furthermore, I hereby agree to indemnify, defend and hold harmless the City of Palos Verdes Estates, HGS Management, LLC and each of their officers, officials, employees and agents from and against any and all liability arising out of or connected in anyway with my child/ward’s arrival at, departure from or use of the Facility, even though that liability may arise out of negligence or carelessness on the part of any of the persons or entities mentioned above, except to the extent caused by gross negligence or willful misconduct of any of those persons. This Indemnification is intended to indemnify in advance the City of Palos Verdes Estates, HGS Management, LLC and each of their officers, officials, employees and agents from and against any and all liability arising out of or connected in anyway with my child/ward’s arrival at, departure from or use of the Facility, even though that liability may arise out of negligence or carelessness on the part of any of the persons or entities mentioned above, except to the extent caused by gross negligence or willful misconduct of any of those persons. I further understand serious accidents may occur during my child/ward’s arrival at, departure from or use of the Facility and could result in mortal or serious personal injuries, and property damage, as a consequence thereof. Knowing the risks, nevertheless, I hereby agree to assume those risks and to release and hold harmless all of the persons or entities mentioned above who, through negligence or carelessness, might otherwise be liable to me, or my heirs or assigns for damages. It is further understood and agreed this Indemnification and assumption of risk is to be binding on my heirs and assigns. I agree my child/ward accepts and shall abide by the rules and regulations of the City of Palos Verdes Estates and HGS Management, LLC. Effective Date: __________ _____ _________________________________ Parent/Guardian Name (Please print) 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527 4057 via Opata, Palos Verdes Estates, California 90274 Tel. 310-378-3527