MONTANA SPORT HORSES LLC
3910 – 53rd Ave SW
Great Falls, MT 59404
mtsporthorses@live.com 406/453-4057 or 868-7102
FACILITY AGREEMENT
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WITNESS THIS AGREEMENT this ………… day of …………………………., 20010 by and between Montana Sport
Horses LLC, hereinafter referred to as “Stable,” and ……………………………………………………………………….,
hereinafter referred to as “Owners.”
1.Fees, Term, and Location. Owners acknowledge and accept those terms set forth in the rate schedule applicable
on the date above as issued by the Stable, whether said rates are daily, weekly or monthly. Payment shall be issued
in accordance with that rate schedule on a timely basis. Stable reserves the right to notify the Owners within fifteen
(15) days of the horse’s arrival if the horse, in Stable’s opinion is deemed to be dangerous or undesirable for the
Stable’s establishment. In such case, the Owners shall be solely responsible for removing the horse within seven (7)
days of said notice and for all fees incurred during the horse’s presence upon the premises. This contract shall be
deemed terminated and concluded upon the payment of all fees. The boarding fee is due upon the first day of the
preceding month. In the event said payment is overdue by ten (10) days, stable shall be entitled to exert a lien
against said horse for any amounts due, and shall be entitled to enforce said lien and foreclose its interest against
said horse and/or equipment for the amount due in accordance with the laws of the State of Montana. The initial
monthly charge applicable to the services as set forth shall be $450.00 per month for board and $400.00 per month
for training. Or training may be applied on a “per session” basis and billed at the conclusion of the current month.
Instruction will also be billed at the conclusion of the current month. Fees shall be pro-rated appropriately for partial
months.
2.Description of Horse (s) to be Boarded. Owner agrees to submit a completed Owner Information Sheet for each
horse boarded upon execution of this agreement. The terms and conditions set forth herein shall be applicable to
each and every animal boarded by Owners.
3. Feed, Facilities and Services. Stable agrees to provide adequate feed and facilities for normal and reasonable
care required to maintain the health and well being of the animals. Your horse’s health and welfare are our top
concern, please see the Fees and Services chart for specifics of what is provided with the “Board.” We will not turn
horses out if barn manager decides conditions dictated by the weather to be too dangerous..
4. Owner Acknowledges and Agrees that:
a) Owner has inspected the facilities and found same in safe and proper order.
b) Owner will replace or pay for any damage caused by any horse they have boarded at the facility.
c) Owner will provide a cooperative attitude facilitating the smooth operation of the barn activities and the
enjoyment of the facility by all boarders.
d) Owner will keep their stall front area clean of clutter and trash.
e) Owner will clean up after their horse in the wash rack and barn aisle and clean all manure the horse leaves in
the barn aisle promptly.
f) Owner will pick up after their horse (manure, mess, loose hair, etc) in the tack up area AND on the riding
surface of the indoor arena. Manure should also be removed from walk ways to and from the indoor arena.
g) If the Owner uses blankets, saddle pads, polos, tack or equipment owned by the barn, the owner is
responsible to wash/clean and return items to the barn and repair any damage caused promptly.
h) Owner will NOT borrow or use tack or equipment belonging to another Owner without the EXPRESS
permission of said Owner.
i) Owners will provide a cooperative effort to keep the common area of the tack rooms clean and tidy. Owners
may provide a padlock for their individual lockers which the Stable will install. Additional hooks, shelves, racks, etc
may also be provided by the owner for installation in their lockers.
5. Risk of Loss and Standard of Care. DURING THE TIMES THAT THE HORSE (S) IS/ARE IN CUSTODY OF
STABLE, STABLE SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY
WHICH MAY BE SUFFERED BY THE HORSE (S) OR ANY OTHER CAUSE OF ACTION WHATSOEVER, ARISING
OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF SAID HORSE (S) EXCEPT IN THE EVENT
OF NEGLIGENCE ON THE PART OF THE STABLE, ITS AGENTS, AND/OR EMPLOYEES. This includes, but is not
limited to, any personal injury or disability the horse Owners, or guests of the Owners, may receive on the Stable’s
premises. The Owners understand that the Stable does not carry any insurance on any horse (s) not owned by it for
boarding or for any other purposes, whether public liability, accidental injury, theft or equine mortality insurance, and
that all risks connected with boarding or for any other reason for which the horse (s) in the possession of, and on the
premises of Stable are to be borne by the Owners. Stable recommends equine mortality insurance be obtained
applicable to the subject horse (s) by Owner.
THE STANDARD OF CARE APPLICABLE TO STABLE IS THAT OF ORDINARY CARE OF A PRUDENT HORSE
OWNER AND NOT AS COMPENSATED BAILEE. IN NO EVENT SHALL STABLE BE HELD LIABLE TO OWNERS FOR
EQUINE DEATH OR INJURY. OWNERS UNDERSTAND THAT STABLE RECOMMENDS OWNERS OBTAIN EQUINE
INSURANCE FOR ANY ANIMALS VALUED IN EXCESS OF FIVE THOUSAND ($5,000.00) AT OWNER’S EXPENSE.
OWNER AGREES TO DISCLOSE THIS ENTIRE AGREEMENT TO OWNERS INSURANCE COMPANY AND PROVIDE
STABLE WITH COMPANY’S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO DISCLOSE INSURANCE
AGREEMENT SHALL BE AT OWNERS RISK.
6. Hold Harmless. Owners agree to hold Stable harmless from any and all claims arising from damage or injury
caused by Owners horse (s) to anyone, and defend Stable from any such claims. Owner agrees to disclose and all
hazardous or dangerous propensities of horse (s) boarded with Stable.
7. Emergency Care. Stable agrees to attempt to contact Owners should Stable feel that medical treatment is needed
for said horse (s), but, if Stable is unable to contact Owners, Stable is then authorized to secure emergency
veterinary, and blacksmith care required for the health and well-being of said horse (s). All costs of such care
incurred shall be paid by Owner within fifteen (15) days from the date Owners receive notice thereof, or Stable is
authorized, as Owner’s Agent, to arrange direct billing to Owners. STABLE SHALL ASSUME THAT OWNER DESIRES
SURGICAL CARE IF RECOMMENDED BY A VETERINARIAN IN THE EVENT OF COLIC, OR OTHER LIFE
THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR ON THE OWNER’S INFORMATION SHEET,
BY THE OWNERS THAT THE HORSE IS NOT A SURGICAL CANDIDATE. Owner agrees to notify Stable of any and
all changes of address, emergency telephone numbers, itineraries or other information reasonably necessary to
contact owner in the event of an emergency. In the event that Owners depart for vacation or is otherwise
unavailable, prior to departure Owners shall notify Stable as to what party is authorized to make decisions in the
Owners place with regard to the health, well being and/or medical treatment of the horse(s).
8. Limitation of Actions. Any action or claim brought by the Owners against Stable for breach of this contract or for
loss due to negligence must be brought within one (1) year of the date such loss or claim occurs.
9. Shoeing, Worming and Vaccinations. Owners agree to provide the necessary shoeing, worming and vaccinations
(including Strangles) of the horse(s) as is reasonably necessary, OR to authorize Stable to arrange for such
treatment at Owners expense. Owners agree to provide Stable with all health records with regard to the horse(s) as
requested.
10.Ownership-Coggins Test. Owners warrant that they own the horse(s) or there is a legal lease contract in effect, a
copy of which will be provided to the Stable. Owner will provide proof satisfactory of negative Coggins test upon
arrival of the horse at the facility and agrees to update the Coggins test annually.
11. Changes or Termination of This Agreement. The parties agree that this Agreement may be changed or
terminated upon thirty (30) days notice. All notices must be issued in writing unless otherwise agreed upon by the
parties. Any changes in the rate schedule or regulations will be sent to Owners via email or regular U.S. mail. Any
changes in regulations deemed necessary or appropriate by Stable will be implemented after thirty (30) days notice
to Owners unless such change is termed as critical in which case the change will be EFFECTIVE IMMEDIATELY and
posted on the barn notice board.
12.Right of Lien. The Owners are put on notice that Stable has a right of lien as set forth in the laws of this State, for
the amount of board and keep of such horse(s), and also for storage and services, and shall have the right, without
process of law, to retain said horse(s) until the amount of said indebtedness is discharged. However, Stable will not
be obligated to retain and/or maintain the horse(s) in question in the event the amount of the bill exceeds the
anticipated unregistered value of the horse(s). In the event Stable exercises Stable’s lien rights as above described
for non-payment, this agreement shall constitute a Bill of Sale and authorization to process transfer from any breed
registration as may be applicable to said horse(s) upon affidavit by Stable’s representatives setting forth the material
facts of the default and foreclosure procedures as required by law. In the event collection of this account is turned
over to an attorney, Owners agrees to pay all attorney fees, costs and other related expenses for which a minimum
charge of $250.00 will be assessed.
13. Property in Storage on Stable’s Premises. Owner may store certain tack and equipment on premises at no
additional charge to Owner. However, Stable shall not be responsible for theft, loss, damage or disappearance of
any tack or equipment or other property stored at Stable as same is stored at Owner’s risk.
14.Inherent Risks and Assumption of Risks. The undersigned acknowledges there are inherent risks associated with
equine activities and in consideration of the use of the grounds and facilities owned by MONTANA SPORT HORSES
LLC and Ann and Dave Womack, located at 3910 – 53rd Ave SW, Great Falls, Montana, I (We) hereby waive,
release and forever discharge any and all rights and claims for personal injury or damages which I may accrue to me
against MONTANA SPORT HORSES LLC, Ann and Dave Womack and their heirs, agents and representatives. I
understand that this is a high risk sport and I am participating at my own risk. I hereby assume full responsibility for
any and all risks of bodily injury, death, loss of or injury to personal property, and any and all expenses associated
therewith, both for myself and for the horse I am riding, and shall indemnify and hold harmless Montana Sport Horses
and Ann and Dave Womack from any such damages or injury.
15.Entire Agreement. This contract represents the entire agreement between the parties. No other agreements,
promises or representations, verbal or implied, are included unless specifically stated in this written agreement. This
contract is made and entered into in the State of Montana, and shall be enforced and interpreted in accordance with
the laws of said State.
16.Enforceability of Contract. In the event that one or more parts of this contract are found to be unenforceable or
illegal, the other portions hereof shall be deemed in full force and effect.
OWNER:
……………………………………………………………………Date…………………….
……………………………………………………………………Date…………………..
MONTANA SPORT HORSES LLC
BY……………………………………………………………..Date…………………