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Fill and Sign the Horse Boarding Agreement and Liability Release Zephyrs Form

Fill and Sign the Horse Boarding Agreement and Liability Release Zephyrs Form

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Rental or Bailment of Horse from Riding Stable for Recreational RidingAgreement made on the _______________________ (date), between _____________________________________ (Name of Owner), of ________________ ________________________________________________________________________ (street address, city, county, state, zip code) , hereinafter called Owner, and __________________________________ (Name of Bailee) of ____________________ ________________________________________________________________________ (street address, city, county, state, zip code) , hereinafter called Bailee. Whereas, Owner is the legal owner of (describe horse) _____________________ ________________________________________________________, which horse is one of many other horses that Owner leases to the public for the purpose of recreational riding, and Whereas, Bailee desires to rent said horse from Owner; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lease of Horse Bailee does hereby lease the above-described horse with bridle and saddle from the Owner's stables located at _______________________________________________ ________________________________________________________________________ (street address, city, state, zip code) . 2. Examination of Horse by Bailee Bailee represents that he/she has carefully and fully examined and tested the gentleness and manners of the above-described horse and represents that he/she is fully capable and competent of possessing, managing, and riding such animal during the period of this bailment agreement and accepts the animal as fully suitable for his/her requirements. 3. Examination of Equipment Bailee further represents that he/she has carefully examined and tested the bridle, saddle, and fastenings on each and finds them to be in good condition, free from defects and that they are fully adequate for his/her purposes. 4. Care of Horse Bailee further represents that he/she will use ordinary care in the use of the above- described horse and that he/she will not abuse, mistreat, or ride such horse in a reckless or careless manner and will use the above-described equipment in the usual ordinary manner. 5. Assumption of RiskBailee further agrees that neither Owner nor Owner's agent(s) have made any representations to him/her of any kind or character concerning the suitability, gentleness, or the habits of such horse, and Bailee assumes full risk and responsibility for any accident which might happen to Bailee, or liability for injury to any other person or persons while such horse and equipment are under Bailee's control and in Bailee's possession. 6. Examination by Owner Bailee further represents that Owner, through his/her agents and employees, in Bailee's presence and with Bailee, has fully and carefully examined and tested the above- stated equipment, and that after such examination, the equipment was free from defects at the time of this bailment. 7. Duration The above-described horse and equipment is being rented by Bailee for a period of approximately ______ (number) hours, that is, from ___________ (time of day) to ____________ (time of day), ____________________________ (date) . 8. Release of Owner In consideration of the representations made by Bailee and the rental of the above-described horse to Bailee for the period of this agreement by Owner, Bailee releases and forever discharges Owner, as well as his/her agents or employees of and from all manner of actions, cause, and causes of actions, suits, damages, claims, and demands, in law or in equity, that Bailee now has or later can or may have or which Bailee's heirs, executors, or administrators, can, shall, or may have by reason of any matter, cause, or thing, arising out of any matter or thing contained in this agreement or, in pursuance of, or arising out of or in connection with any matter or thing arising out of the lease by Bailee of the above-described horse and equipment. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________ (state). 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. Entire AgreementThis Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated. _________________________________ ________________________________ OWNER BAILEE

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