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THIS BOARDING AGREEMENT is made and entered into as of the date which appears below the signatures of the persons designated at the end of this Agreement, LAST CALL FARM LLC. (hereinafter designated as “the Farm”), and the person listed at the end of this Agreement identified as “Owner.”
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The parties hereto agree as follows:
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The Farm hereby agrees to board and maintain the horse of Owner upon arrival to the Farm, and Owner agrees to pay board to the Farm at the Farm’s usual prevailing rate and subject to such increases as the Farm shall hereafter notify Owner upon thirty (30) days notice. The initial boarding rate for full care stall board shall be the sum of $550 per month or full care pasture board shall be the sum of $250 per month, with board being due and payable on a monthly basis.
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The Farm agrees to provide normal and reasonable care and routine board and maintenance for the horse and such incidental services as are customarily afforded in the care of horse in the Central Kentucky area. The farm agrees to provide care outlined by boarding options (see attached) as requested by owner.
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The Farm also agrees to obtain routine veterinary services, farrier services, reasonable therapeutic care and medicine for the horse as shall be, in the sole discretion of the Farm, reasonably necessary. Expenses for such services shall be the obligation of the Owner who hereby specifically agrees to pay all such third party service statements when they are rendered and that any statutory lien extended by the Farm under the terms of any applicable law to secure payment of the board shall also extend to the cost of such services.
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Owner hereby expressly acknowledges the provisions of Kentucky law, including specifically KRS 376.400 and 376.410, which authorizes the Farm to assert a statutory lien and retain possession of Owner’s horse in order to secure the payment of all outstanding sums due to the Farm for the board and keep of Owner’s horse and that in the event of default of Owner in the payment of such expenses, the Farm shall be authorized to expose Owner’s horse to public sale for purposes of satisfying its lien and recovering such sums as may be due to the Farm for such services.
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A monthly statement will be provided by the Farm on request each month to Owner and such statements are due and payable immediately. All statements remaining unpaid 30 days after the date they are sent to Owner shall incur a service charge at the rate of 10% per month on the unpaid balance thereof until fully paid.
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In the event of any accident, sickness, disease or injury to Owner’s horse, the Farm must be provided with the following information if applicable:
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a) name of insurance carrier; b) carrier phone number; c) insurance agent’s name; d) agency’s name; and e) telephone number of agency.
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Upon having been provided with the above-referenced information, the Farm will make reasonable attempts to notify the carrier or agent upon the discovery of any accident, sickness, disease or injury of a material nature to Owner’s horse. In no event, however, shall the Farm be responsible for notification of Owner’s carrier or agent in accordance with the terms of any insurance policy.
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During the time Owner’s horse is in the custody of the Farm and thereafter, neither the Farm nor its officers, agents, or employees, shall be liable for any sickness, defect, disease, death or injury which appear or occur to the horse, or from any other claim, cause of action or matter whatsoever arising out of or related to the boarding of Owner’s horse absent clear and convincing proof of gross negligence on the part of the Farm. Owner acknowledges and understands that the Farm does not carry any type of mortality, accident, sickness or disease insurance on Owner’s horse while boarded upon its premises. The Farm further reserves the right to refuse to accept or keep any horse that the Farm determines in its sole discretion, that the horse may be dangerous to life or property. Upon notice of any such condition, Owner agrees to immediately remove any such horse.
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To the extent Owner intends to ride Owner’s horse while kept at the premises of the Farm, Owner, on her or his own behalf (and in the event that Owner’s child(ren) will be riding Owner’s horse, as lawful guardian of such child), hereby acknowledge the following warning under the provisions of Kentucky law (KRS 247.4027).
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WARNING UNDER KENTUCKY LAW, A FARM ANIMAL ACTIVITY SPONSOR, FARM ANIMAL PROFESSIONAL, OR OTHER PERSON DOES NOT HAVE THE DUTY TO ELIMINATE ALL RISKS OF INJURY OF PARTICIPATION IN FARM ANIMAL ACTIVITIES. THERE ARE INHERENT RISKS OF INJURY THAT YOU VOLUNTARILY ACCEPT IF YOU PARTICIPATE IN FARM ANIMAL ACTIVITIES.
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Owner further agrees and acknowledges that the receipt of the above-referenced warning under Kentucky law limits or precludes Owner’s rights to bring any action against Farm for injury, loss, damage, or death of a person as a result of any of the inherent risks of Farm animal activities.
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9. This Agreement may be terminated by any party at any time for any reason whatsoever. The Farm retains the absolute right to terminate the Agreement and immediately remove the horse of Owner at any time if the horse’s behavior or disposition poses a threat to the Farm’s personnel or other persons or horses present on the premises.
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10. In the event any breach to the terms of the Agreement by Owner, the Farm shall have the right to recover its attorneys’ fees, court costs and any other necessary and incidental expenses incurred in the connection therewith. Any action brought under the terms hereof shall be brought only in the Bourbon Circuit Court, Paris, Kentucky, to the jurisdiction of which both parties hereby consent.
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11. To the extent that Owner is placing Owner’s horse for boarding with the intention that other relatives or friends will ride the horse from time to time, Owner hereby warrants and represents to the Farm that Owner is the lawful guardian of the child hereafter named and does bind said child to the terms of the Agreement. The Farm is not responsible for any injuries to any child, relative or friend of the Owner due to equestrian and other farm animal and general farm activities.
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The Agreement may not be modified, altered or amended except in writing executed by all parties hereto.
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IN WITNESS WHEREOF, the parties have hereunto set the hands as written below .