(the “Horse(s)”), for boarding at the Club; and, it is the plan and intention of Boarder to board the Horse at the Club. For and in consideration of the terms set forth herein, Boarder and Club mutually agree as follows:
Fees: Boarder acknowledges and accepts those terms set forth in the rate schedule applicable on the date above as issued by Club. Stall fees are due the 4th of each month. Monthly stall fees will only be prorated if the stall is unutilized for more than 14 days in any given month. This policy is in place in order to maintain a full time grooming staff, cover facility costs and offer reasonably priced fees. As a not for profit member club all profits are reinvested into the facilities.
The Club reserves the right to adjust the Fees with at least 30 days notice to Boarder. Should Boarder not accept the new Fees, Boarder can elect to give termination notice as outlined below.
Boarding and Riding members must give the Club 30 days notice for termination of this contract.
Feeding, Turnout and other Services Included in Board: The Club agrees to provide adequate feed, hay, and facilities for normal and reasonable care required to maintain the health and wellbeing of the horse(s). Hay is provided 2 times a day. Grain is provided 2 times per day as in an amount required by that individual horse. If Boarder desires the horse(s) to be fed something other than the Club’s usual grain, Boarder must purchase and supply this special feed. Graining and medication supplements are to be provided by Boarder.
Included in the board will be feeding, haying, watering, and turnout as directed by Club, feeding of any supplements provided by Boarder, blanketing and unblanketing (using Boarder-provided blankets) as reasonably needed, electrolytes provided in summer if requested, automatic fly system, stall cleaning and use of indoor and outdoor riding areas, wash racks, and tack rooms.
Club reserves the right to restrict the use of the outdoor areas if the weather has created areas that are unsafe for riding at the discretion of Club.
Tack: Boarder may store a reasonable amount of tack on the premises of the Club at no additional charge. Tack in excess of 2 saddles, 2 bridles and one modest trunk per horse will be on a case by case basis. The Club shall not be responsible for the theft, loss, damage or disappearance of any tack or other property that is stored at the Boarder's risk.
Vet and Farrier: Boarder will arrange regular veterinarian and farrier attention. The Horse shall be free from infectious, contagious or transmissible disease. This should follow the guidelines that are congruent with the Health/Vaccine schedule approved by the American Association of Equine Practitioners. Furthermore, the Horse must be maintained in good health. The Boarder will provide a copy of vaccination records and proof of negative coggins test within 12 months. In the event of sickness and/or accident to the Horse, reasonable efforts will be made to contact Boarder. Boarder will have the first option to select the DVM to treat their horse. In the event Boarder cannot ultimately be reached, Boarder hereby authorizes Club to contact a veterinarian of its choice to treat the Horse at Boarder’s sole cost. Club will require the treating veterinarian to direct bill Boarder and Boarder will be liable for all fees and costs incurred.
Vaccination & Health Policy:
To ensure the health and safety of all horses on property, FPRL/HPC requires the
following for all boarded horses:
- Annual Vaccinations (required once per year)
- 8-way Vaccine
- Rabies Vaccine
- Strangles Vaccine
- Flu/Rhino Booster Vaccine (required 6mo after Annuals)
- Negative Coggins (required once per year)
- Strangles Vaccine Requirement for New Arrivals
- If a horse has not previously been vaccinated for strangles, it must receive the strangles vaccine prior to arrival.
-After receiving the vaccine, the horse must remain quarantined at its current location for at least 14 days before moving to our facility.
All vaccination and Coggins documentation must be submitted to FPRL before the
horse(s) may arrive on the property and kept up to date thereafter. Failure to comply
may result in the suspension of boarding services until requirements are met.
Grooming: Club shall not provide grooming services as part of the standard board agreement. Grooming is available as an additional service and fee and such arrangements must be made outside of this agreement.
Right of Lein: The Boarder is put on notice and fully understands that Club has a right of lien, as set forth in the laws of the state of Texas in Texas Property Code 70.003 et seq., for the amount due for the board. Boarder understands and agrees that Club may keep Boarders' horse(s) and shall have the right, without process of law, to retain the horse(s) until the amount of such indebtedness is paid or to sell the horses at a time and place chosen by Club if Boarder fails to pay board for more than thirty (30) days. Boarder understands and agrees that Club may exercise its rights under this lien without having to file anything with a court of law and Boarder hereby agrees to waive any and all statutory notice requirements.
Notice of Termination: Boarder agrees that thirty (30) days notice shall be given to Club as to the termination of this agreement and agrees that the Club has a right of lien on the horse(s) in the event fees remain unpaid to the Club and outstanding under this contract, and that Boarder may not remove the horse(s) until all outstanding board and expenses.
Boarder agrees to remove Boarder’s horse(s) within three (3) days under the following circumstances:
- Boarder’s horse becomes a danger to other horses, persons or property; or
- Boarder engages in conduct on the premises that is illegal, violent, dangerous, or unreasonably disruptive.
Circumstances creating an immediate termination is the sole determination of the Club.
Inherent Risk/Inspection of Premises: Boarder understands and recognizes that horseback riding and driving is classified as a Rugged Adventure Recreational Sport Activity and that there are numerous obvious and non-obvious inherent risks always present in any activity involving horses despite all safety precautions. Boarder realizes and acknowledges that no horse is a completely safe horse.
Boarder acknowledges that Boarder has inspected the premises of Club prior to entering into this contract and is satisfied that the condition of the premises and the facilities are in acceptable condition to provide an adequate and reasonable level of safety for Boarder, Boarder’s Horse(s), Boarder’s family and Boarder’s visitors.
Risk of Loss: During the time that the horse is in custody of Club, Boarder agrees that Club shall not be liable for any sickness, disease, theft, or injury which may be suffered by the horse(s), Boarder (or Boarder’s guests) or Boarder’s tack/equipment or for any other cause of action, whatsoever, arising out of or being connected in any way with the boarding of said horse(s), whether or not the result of negligence and/or gross negligence of the Club. This includes, but is not limited to, any personal injury or disability the horse or Boarder may receive while on Club's premises. The Boarder fully understands and agrees that that all risks connected with boarding the horse(s) at Club are to be borne by the Boarder and agrees that the Club will not be responsible for any loss or damages whatsoever. Boarder is urged to obtain suitable insurance such as liability, mortality and major medical on the horse, insurance on Boarder’s tack and equipment and personal health/accident insurance.
Liability: Liability is outlined in the Civil Practice and Remedies Code, Title 4. Liability in Tort. Chapter 87. Liability Arising from Farm Animal Activities and Livestock Shows (http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.87.htm)
Hold Harmless: Boarder agrees, to the fullest extent permitted under applicable law, to indemnify, defend and hold Club harmless from any loss, cost and claims of liability resulting from any damage or injury including death caused by any horse of Boarder or his guests and invitees, to anyone or anything, including but not limited to legal fees and expenses incurred by Club in defense of any such claims. The foregoing hold harmless agreement shall be in addition to and cumulative of any and all other indemnities of Boarder now or hereafter given by Boarder by separate agreement. See Release of Liability and Indemnity Agreement, and R2 Texas Code 87.001.
Club Rules: Boarder shall comply with the “Rules of the Barn” attached hereto as Appendix A.
Mediation: In the event of any dispute or disagreement relating in any manner whatsoever to this Contract 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 commence within 45 days of such disagreement or the request of either party to mediation.
This Contract is non-assignable and non-transferable.
Modifications must be in writing: No changes or modifications of this agreement will be recognized unless made in writing and signed by Club and Boarder.
One or more waivers of any covenant, term or condition of this Contract by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition.
This contract represents the 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 Texas, and shall be enforced and interpreted in accordance with the laws of this State.
This Contract is made and entered into the State of Texas, and shall be enforced and interpreted under the laws of this State. Venue for all claims filed against the Houston Polo Club shall be in Harris County, Texas.
