In consideration of being allowed to participate in any way in equestrian related events and activities,
I, do hereby forever release, indemnify and hold harmless and discharge Keith Equestrian Center, LLC, its members, owners and any and all land owners, horse owners, employees, volunteers, other participants, and if applicable, owners and lessors of premises and/or horses used to conduct the event (from here on known as OPERATORS), from any claims or suits for personal injury, property damage and/or theft (including any loss, injury and/or death to any livestock) which may occur while riding, training, observing or engaging in, any equine activity at any time or any place and/or while boarding any livestock at the premises supervised and/or owned by the OPERATORS and/or for any injury/loss which may occur in connection with the use of or presence near any livestock, horse trailers, treadmills, equipment and/or tack, (whether the OPERATOR’S, my own or a third party’s) and/or while using the premises including but not limited to the barn, stalls, riding areas, treadmills, wash racks, paddocks, grounds, trails, and farmland.
I understand that riding and handling equines is an inherently dangerous activity. I understand that equines have the propensity, regardless of the equine’s training, temperament and/or history, to behave in ways that could result in injury, harm or death to the participant, spectators, other persons or the equine itself. I understand that no one can predict an equine’s reaction to sound, movement, objects, persons, machines or other animals. I understand that surface or subsurface conditions may be hazardous and that terrain defects may be latent or hidden, or open and obvious. I understand that equines are unpredictable and may buck, bolt, spook, jump, bite and/or kick at any time without warning. I understand these risks and voluntarily choose to encounter them and engage in and/or observe an equine activity.
I hereby covenant and agree not to sue the OPERATORS for any injury or loss of any kind to my person or property (including my equines) resulting from the negligent conduct of the OPERATORS, tack/equipment failure or due to any dangerous or otherwise condition of the premises.
I agree to indemnify and defend the OPERATORS from any and all judgments, costs and expenses, including but not limited to reasonable attorneys fees arising from any claims or suits against the OPERATORS filed by myself, my executor or estate or my assignees.
I agree to indemnify and defend the OPERATORS from any and all judgments, costs and expenses, including but not limited to reasonable attorneys fees arising from any claims or suits against the OPERATORS filed by any third party as a result of my conduct and/or any claims or suits against the OPERATORS filed by any third party as a result of the OPERATORS negligence if such a claim or loss occurs while I am engaged in and/or observing an equine activity.
The undersigned declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned and that this document contains the entire agreement between the parties hereto.
A number of inherent risks are associated with a domesticated animal activity. A domesticated animal may behave in a manner that result in damages to property or an injury or death to a person. Risks associated with the activity may include injuries caused by bucking, biting, stumbling, rearing, trampling, scratching, falling or head-butting. The domesticated animal may react unpredictably to conditions including, but not limited to, a sudden movement, loud noise, an unfamiliar environment, or the introduction of unfamiliar persons, animals, or objects. The domesticated animal may also react in a dangerous manner when a condition or treatment is considered hazardous to the welfare of the animal; a collision occurs with an object or animal; or a participant fails to exercise reasonable care, take adequate precautions, or use adequate control when engaging in a domesticated animal activity, including failing to maintain reasonable control of the animal or failing to act in a manner consistent with the person’s abilities.
The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce the risk, the risk of serious injury does exist and,
If the student/rider is a minor, and medical care is required in an emergency, the undersigned parents or guardian do hereby consent to any X-ray examination, anesthetic, medical or surgical diagnosis or treatment and hospital service that may be rendered to said minor under the general or specific instructions of any physician or hospital. The undersigned agree to be responsible for all such medical costs. Every reasonable effort will be made at the time of the accident or illness to contact parents or guardians without delaying medical treatment.
This agreement, made and entered into by the Client (the horse owner), Keith Equestrian Center (KEC), hereafter referred to as agent.
Whereas, the Client has an interest in the following horse(s), and has full and unrestricted authority to execute, deliver, and perform this agreement; and
Whereas, the client desires to have the Agent Board, and/or Train, and/or show the horse(s) pursuant to the terms and conditions set forth herein;
Now, therefore, in consideration of the covenants and agreements set forth herein, the parties hereto agrees as follows:
The horse(s) owner agrees with respect to the following described horse(s):
1. ARRIVAL OF HORSE(S): It shall be the responsibility of the owner, at their expense, to deliver said horse(s) to the premises of Keith Equestrian Center in a sound condition and free from all contagious and infectious diseases.
Upon arrival, all horses shall be accompanied by a photocopy of their registration certificate (if applicable) and a current health certificate confirming a negative Coggins test for equine infectious Anemia (if horse(s) is coming from out of state, taken within the year. It is requested that the horse be current on vaccinations recommended by KEC vet, recommendations by said vet are made annually. Vaccinations may include, but are not limited to Strangles, Rabies, Tetanus, Eastern & Western Sleeping Sickness, Potomac Horse Fever, and Rhinopneumonitis. Horses not current on immunizations will be vaccinated shortly after their arrival at the expense of the client. If the horse is not in a healthy and sound condition upon arrival, in the opinion of KEC and/or veterinarian, delivery of the horse(s) may be refused.
2. COMPLIANCE OF HORSE(S) ON KEC VACCINATION AND WORMING SCHEDULE: As indicated above, all horses will be kept on KEC vaccination and worming schedule at horse owner's expense.
3. DUTIES OF KEC: During the time that the horse(s) are in the care of Keith Equestrian Center, KEC will:
a. Provide board
b. Train and condition said horse(s) if applicable
c. At such times and at such shows as both parties deem appropriate, show the horse(s) if applicable
d. Schedule farrier appointments for horse(s), unless otherwise agreed upon, at Owners expense
e. Authorize necessary veterinary work at Owner’s expense. Owner shall be consulted on veterinary work when possible
4. LIABILITY AND INDEMINIFCATION: The Client agrees to indemnify and hold harmless Keith Equestrian Center, Kelsi Keith-Rusch, and any agents, servants, or employees of either of them:
For any sickness, disease, injury, estray, theft, or death which may be incurred by said horse(s) and any and all other cause of action whatsoever arising out of or in any connected with the training, showing, boarding, or trailering of said horse(s).
For any personal injury, disability, or death incurred by the owner. Client Owner’s family members, or any individual accompanying the client while on the premises of Keith Equestrian Center:
For any damages to or loss of property incurred by the Client Owner, Owner’s family members or any individual accompanying the Owner while on the premises of Keith Equestrian Center
For any injury to said horse(s) while in the care of KEC and custody where the client is not the legal owner of said horse(s) and where any claim, demand, or cause of action is brought by the legal owner(s) of said horse(s).
For any personal injury, disability or death incurred by any third persons or any damages to or loss of property incurred by any third persons caused by the Owner’s horse(s) while said horse(s) are in the Agent’s care and custody.
Horse owner has signed and agrees to require each of his or her guests to sign a separate KEC LIABILITY RELEASE if they will be riding Client’s horse(s).
This release of liability includes any and all negligence and/or fault of any kind or type on the part of Keith Equestrian Center, the Agents, volunteers, or employees of either of them. Client Owner agrees that said persons shall not be liable for any special, incidental, or consequential damages arising from the activities covered by this agreement. In no event shall the aggregate liabilities of said persons for any claims, demands, or causes of action arising under this agreement or related to the duties to be performed hereunder exceed the amount of fees paid by the Client Owner.
5. NOTICE OF IOWA’S DOMESTICATD ANIMAL LIABILITY LAW:
Under Iowa law, a domesticated animal professional is not liable for damages suffered by, an injury to, or the death of a participant resulting from the inherent risks of domesticated animal activities, pursuant to Iowa Code Chapter 673. You are assuming inherent risks of participation in this domesticated animal activity. A number of inherent risks are associated with a domesticated animal activity.
A domesticated animal may behave in a manner that result in damages to property or an injury or death to a person. Risks associated with the activity may include injuries caused by bucking, biting, stumbling, rearing, tramping, falling, or butting.
The domesticated animal may act unpredictably to conditions, including, but not limited to, a sudden movement; loud noise; an unfamiliar environment; or the introduction of unfamiliar persons, animals, sounds or objects.
The domesticated animal may also react in a dangerous manner when condition of treatment is considered hazardous to the welfare of the animal; a collision occurs with an object or animal; or a participant fails to exercise reasonable care, take adequate precautions, or use adequate control when engaging in a domesticated animal activity, including failing to maintain reasonable control of the animal or failing to act in a manner consistent with the person’s abilities.
6. INSURANCE: Owner acknowledges that KEC carries no insurance of any type whatsoever with respect to said horse(s). Horse owner shall be solely responsible for maintaining insurance on horse including public liability, accidental injury, theft and equine mortality insurance. All risks, including but not limited to, sickness, disease, astray, theft, death and/or injury connected with training, boarding, handling and/or transporting horse, are to be borne solely by horse owner. The Owner further acknowledges that if it desires to be protected against insurable risk, it must obtain such coverage at its sole expense.
7. VETERINARAIN SERVICES: KEC shall have the right to have a qualified veterinarian perform such services, at Owner’s expense, as KEC and veterinarian may consider necessary for the proper care and treatment of said horse(s).
8. FARRIER SERVICES: KEC shall have the right to have qualified farrier(s) perform such services, at Client’s expense. Farrier(s) will be selected as per agreed on an individual basis between KEC and Client Owner. Owner may be billed directly by farrier, or will be expected to pre-pay, or, if agreed upon, will be billed through Keith Equestrian Center.
9. TRANSPORTATION: KEC shall have the right to trailer, or select a third party to trailer the said horse(s) in case of an emergency, such as, but not limited to: the veterinarian. Neither said third parties, KEC, or KEC agents shall be liable for any sickness, diseases, estray, theft, death, or injury while the horse(s) are being transported or under the care of said third party.
10. NO PERSONAL CONTRACT: As used in this agreement, “AGENT” means any or all of the class of persons consisting of Keith Equestrian Center; its agents, volunteers, and employees. This agreement is not to be construed as personal service contract between the owner and Keith Equestrian Center personally unless otherwise clearly indicated herein.
11. ARBITRATION: Agent shall have the option to submit to arbitration any controversy or claim arising out of or relating to this agreement or breech of same. The venue of such arbitration shall be Wapello County, Iowa. And said arbitration shall be conducted in accordance with the rules of the American Arbitration Association by an arbitrator selected by Agent and Owner. In the event that Agent and Owner cannot agree on an arbitrator, each of them shall nominate their own arbitrator, and said arbitrators shall mutually select a third arbitrator. Any judgment upon the award rendered may be entered and enforced in a court having jurisdiction.
12. FINANCIAL OBLIGATIONS: The horse owner shall be personally liable for the cost of any care for the horse, and shall pay all charges promptly; such as (but not limited to) veterinary care for the horse, farrier expenses and all burial expenses, in the case of horse(s) death.
Horse owner agrees to pay per month an agreed upon set fee, along with any other expenses incurred for said client, payable the first of each month, unless alternative arrangements have been made. A late fee can be added to any payments made after the seventh of the month. A $25.00 fee will be charged for all checks returned by the bank.
Horse owner agrees to pay all bills before the horse is removed from the premises. Stable owner may retain possession of horse until all bills are paid in full.
KEC is hereby granted a lien, pursuant to the provisions of Iowa Code Chapter 579 and of any successor statute of similar effect, for all charges and expenses of keeping said horse(s), including but not limited to boarding, vet, farrier, vendor charges, and all charges incurred by said owner. In addition, said horse(s) shall not leave Keith Equestrian Center prior to payment.
KEC may exercise its lien rights fifteen days after written notice to the horse owner at the address set out above and may dispose of said horse for the unpaid charges at private or public sale; and the horse owner hereby waives all other legal notice. In the event sale does not secure a price sufficient to pay all unpaid charges incurred in connection with the horse, as well as all legal expenses and other charges of enforcing said lien, the horse owner shall be liable to stable owner for the difference.
13. NOTICE OF LEAVE: Horse owner agrees to give KEC 15 days’ notice prior to moving horse(s) permanently from premises, as well as agrees to pay in full on or before removing said horse(s), all charges due under this agreement. A 15 day minimum boarding fee will be charged for failure to give such notice. Should your horse become actively for sale, notify the barn in writing and other arrangements will be made. Client Owner is responsible for the full month of board even if said horse(s) leaves prior to the end of the month.
If at any time, said horse(s) contracts a contagious or infectious disease or KEC determines that for other reasons the horse(s) should be removed from KEC, or if owner breaches its obligations hereunder, the owner shall immediately pay all charges due to KEC and remove the horse(s) from Keith Equestrian Center. KEC shall have the right to require, prior to this removal of the horse(s) from Keith Equestrian Center that the horse(s) receive, at Owner’s expense, a veterinary certificate of health.
14. CONTACT INFORMATION: Horse owner will notify KEC in writing of any change of address or phone number and provide KEC with appropriate emergency information should owner be out of town.
15. LEGAL FORUM: This agreement was made in Wapello County, Iowa. This agreement was performed in the state of Iowa, and shall be interpreted and governed by the laws of the state of Iowa. By signing this agreement, the Owner agrees, in any action to enforce or construe the terms of this agreement, to the jurisdiction and venue of federal and state courts located in Wapello County, Iowa.
16. WAIVER: NO failure of delay by KEC to exercise any right, power, or privilege provided hereunder or by applicable law shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power, or privilege the remedies provided herein shall be cumulative and not exclusive of any rights or remedies provided by law
17. ENTIRE AGREEMENT: This agreement constitutes the entire Agreement between the parties and cannot be modified except in writing signed by both parties. No other agreements or promises, express or implied, are included unless specifically so stated in this agreement.
18. BINDING EFECT ON SUCCESSORS: This agreement shall be binding upon the assigns, successors, heirs, executor, and administrators of the respective parties.
19. OBLIGATION: The undersigned, individually and jointly, hereby guarantees the prompt and faithful performance of all obligations herein.
20. ASSIGNMENT: This agreement shall not be assigned.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day and year first above written.