SPEARMINT RHINO FRIESIAN RANCH 2959 Hillside, Norco, CA 92860

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1 SPEARMINT RHINO FRIESIAN RANCH 2959 Hillside, Norco, CA Amy Perchalski, Office Manager 1875 Tandem Way, Norco, CA Phone: (951) Fax: (951) Rafael OCampo, Ranch Manager Phone: (909) Fax: (951) ************************************************************************************* AGREEMENT FOR BOARDING THIS BOARDING AGREEMENT is made this day of, 2010, by and between Spearmint Rhino Friesian Ranch (the Ranch ) and the Owner (the Owner ) identified in Section 1 below, for the boarding of the Horse identified in Section 2 below (the Horse ). 1. OWNER INFORMATION Name: Address: City, State, Zip: Home Phone: Work Phone: Cell Phone: Fax: Driver s License # Owner s Signature: 2. DESCRIPTION OF HORSE Registered Name: Ranch Name: Age: Sex: Breed: Markings: October 2010 Page 1

2 Registration/Tattoo: Number (if applicable): Insurance Carrier, Policy and Phone Number (if applicable): Special Instructions, allergies, behavior issues, etc. No Yes Veterinarian Name: Phone: Farrier Name: Phone: 3. BOARDING FEES a. OWNER promises to pay boarding fees as follows: Boarding fees depend upon the facilities used by the HORSE. OWNER has chosen the following facility at the monthly boarding rate: Box Stall: Pipe Corral: Pasture: The monthly boarding fee for this facility is: $ ( Monthly Fee ). Locker # b. OWNER promises to pay the Monthly Fee on or before the first day of each month, commencing, 201. c. OWNER shall deliver to the Ranch with this signed Agreement payment in the amount of Monthly Fee or proration thereof based on the remaining days in the month plus a deposit of: First Months Fee: Deposit: Total: $ $ $ d. Special Instructions: e. OWNER promises to pay a late charge of $25.00 for any payment not received by the Ranch within three (3) days of its due date. Payments shall be credited first to late fees. f. This Monthly fee is subject to change upon 30 days written notice to OWNER. g. Final month s boarding fee: No proration will be made for termination of this Agreement without thirty (30) days written notice by the OWNER. October 2010 Page 2

3 h. Deposit is not transferable. Deposit may only be applied to last month s boarding fee provided thirty (30) days written notice has been given. 4. FEED AND FACILITIES RANCH agrees to provide adequate food and facilities for normal and reasonable care required to maintain the health and well-being of the animal(s). OWNER acknowledges OWNER has inspected the facilities and finds them in safe and proper order. OWNER agrees to pay for any damages caused by their horse(s) or themselves to the RANCH premises, facilities and equipment, beyond the normal wear and tear 5. HEALTH OF HORSE Upon arrival of HORSE to RANCH, OWNER shall provide RANCH with proof of current vaccinations (Tetanus, Flu, Eastern and Western encephalitis, Rhino, Strangles, West Nile Virus). OWNER represents and warrants that the HORSE has been wormed within two (2) months prior to the date first set forth above. OWNER shall provide to RANCH such medical information about the HORSE as RANCH may from time to time request, within five (5) business days of RANCH s request. OWNER warrants and represents that the HORSE is not suffering from any contagious or infectious diseases including, without limitation, those for which vaccinations are required or recommended as listed above. If OWNER at any time suspects or should reasonably suspect that the HORSE is suffering from any contagious or infectious disease, OWNER agree (1) to take immediate appropriate action to minimize the risk to other HORSES, and (2) to immediately notify the RANCH in writing of the condition. OWNER promises to keep worming and hoof trimming current. OWNER shall provide annual proof of immunizations. RANCH is authorized to arrange for such treatment, e.g. vaccinations, worming, hoof trimming, but is not obligated to do so, such expense for same shall be the obligation of the OWNER. Upon RANCH S presentation of the bill of services rendered, OWNER agrees to pay such bill within (15) days from the date the bill is submitted to OWNER. The failure to keep current on vaccinations, worming, and/or hoof trimming will be a breach of this Agreement entitling the RANCH to cancel this Agreement, have the HORSE removed immediately from the premises and retain any unused sum previously paid for board and/or other amounts owed to RANCH. RANCH does not warrant that other HORSES are now or will later be free of disease or are reasonably tempered. 6. CARE OF HORSE AND OTHER COSTS OWNER shall arrange regular veterinary, dental and farrier care for the HORSE. OWNER is responsible for the conduct of the providers while on the premises, that such providers not disrupt RANCH s other business activities. OWNER agrees to pay all medical, hospital, tack rentals, medication administered, exercising or lessons, trail rides, services and/or supplies and veterinarian expenses when due. 7. RISK OF LOSS During the time that the HORSE is in the custody of the RANCH, RANCH shall not be liable for any sickness, disease, theft, death or injury which may be suffered by the HORSE. This includes, October 2010 Page 3

4 but is not limited to, any personal injury or disability the HORSE may receive while on the RANCH premises. OWNER fully understands and hereby acknowledges that RANCH does not carry any insurance on any HORSE not owned by the RANCH, including, but not limited to, such insurance for boarding or any other purposes, for which the HORSE is covered under any public liability, accidental injury, theft or equine mortality insurance, and that all risks relating to boarding of HORSE, or for any other reason, for which the HORSE is in the possession of RANCH, are to be borne by OWNER. 8. HOLD HARMLESS OWNER agrees to hold RANCH harmless its employees, volunteers, agents and assigns harmless from any claim resulting from damage or injury caused by said HORSE, OWNER or his guests and invitees, to anyone, including but not limited to legal fees and/or expenses incurred by RANCH in defense of such claims 9. LIABILITY INSURANCE OWNER warrants that he/she presently carries in full force and effect, and throughout the period of this AGREEMENT and shall continue to carry and maintain in full force and effect, liability insurance protecting OWNER and RANCH from any and all claim(s) arising out of or relating to this AGREEMENT. Evidence insurance coverage must be provided to RANCH within ten (10) days of the date of this Agreement. 10. EMERGENCY CARE a. If medical treatment of HORSE(s) is needed, RANCH will call OWNER at phone numbers contained in this Agreement. In the event the OWNER is not reached, RANCH has the authority to secure emergency veterinary and/or farrier care. RANCH has no responsibility to pay for such emergency care. OWNER is responsible to pay all costs relating to this care. RANCH is authorized to arrange billing to the OWNER. b. If the HORSE is covered by an insurance policy, OWNER acknowledges that RANCH is not responsible for contacting OWNER S equine insurance company in the event the veterinarian care is required. OWNER accepts full responsibility for reporting the necessary insurance claims and acknowledges that delayed reporting may adversely affect their claim (OWNER Initial) c. In the event that OWNER is unreachable, I approve treatment up to $ (OWNER Initial). d. This HORSE (is) (is not) considered a surgical candidate in the event of colic or serious illness. (Circle One). (OWNER Initial). October 2010 Page 4

5 e. In the event that the injury or condition of my HORSE is such that a licensed Veterinarian and RANCH deems it necessary to put my animal down, OWNER authorizes RANCH to request euthanasia. (OWNER Initial). f. OWNER hereby releases, indemnifies and holds harmless RANCH and all staff and/or volunteers from any and all claims arising out of such an emergency situation. g. OWNER certifies that she/he have read and fully understand this authorization for emergency medical treatment. (OWNER Initial). 11. RANCH RULES OWNER hereby acknowledges receipt and understanding of the current RANCH Rules, which are incorporated by reference in full, as if fully set forth herein. OWNER agrees he/she and his/her guests and invitees will be bound and abide by these Rules, and accepts responsibility for the conduct of his guests and invitees according to these Rules. RANCH may revise these Rules from time to time and OWNER agrees any revisions shall have the same force and effect as current Rules. Failure, as determined in RANCH S sole discretion, of OWNER or OWNER s guests and invitees to abide by RANCH Rules may result in RANCH declaring OWNER in default hereunder and result in termination of this Agreement. Any revisions to the RANCH rules shall be posted in a place of prominence at the office for a period of thirty (30) days. It is OWNER s duty to ensure they are aware of the current RANCH rules at all times. 12. DEFAULT Either party may terminate this Agreement for failure of the other party to meet any material terms of this Agreement, including but not limited to item 11 RANCH Rules. Any payment due to RANCH under this Agreement shall be due and payable by the fifth day of the month and immediately in the event of termination. Failure to make any payment by said due date shall place OWNER in default hereunder. Acceptance by RANCH of any late payment or partial payment shall not constitute a waiver of subsequent due dates or determinations of default. 13. ASSIGNMENT This Agreement may not be assigned by OWNER without the express written consent of RANCH. 14. NOTICE OF TERMINATION OWNER agrees that thirty (30) days written notice shall be given to RANCH as to the termination of this Agreement. RANCH reserves the right to notify OWNER within seven (7) days of HORSE s arrival if HORSE RANCH s opinion is deemed dangerous or undesirable for a boarding stable. In such case OWNER is responsible for removing HORSE within five (5) days and for all fees incurred during HORSE S stay. After all fees have been paid, this contract will terminate. 15. RIGHT OF LIEN OWNER is put on notice that RANCH has and may assert and exercise a right of lien, as provided October 2010 Page 5

6 for by the laws of the State of California for any amount due for the board and keep of horse(s), and also for any storage or other charges due hereunder, and further agrees RANCH shall have the right, without process of law, to attach a lien to your horse(s), tack, supplies and equipment after two (2) months of non-payment or partial payment and RANCH can then sell horse(s) to recover its loss. In the event the RANCH exercises its lien rights pursuant to California law, this Agreement shall constitute a Bill of Sale and authorization to transfer applications for any breed registrations as may be applicable to said horse(s) upon affidavit by RANCH s representatives setting for the material facts of the default and foreclosure was well as Owner s waiver contained herein. I, OWNER, DO HEREBY EXPRESSLY WAIVE ALL RIGHTS AND DEFENSES TO A JUDICIAL LIEN PROCEEDING AND MY OPPORTUNITY TO HAVE A LIEN TRIED IN A COURT OF LAW SHOULD I BECOME MORE THAN TWO (2) MONTHS DELINQUENT ON ANY PAYMENT DUE RANCH. I OWNER FURTHER AGREE AND UNDERSTAND THAT BY WAIVING MY RIGHT TO A JUDICIAL PROCESS, MY HORSE(S) MAY BE SOLD NONJUDICIALLY AT AUCTION OR TO A PRIVATE INDIVIDUAL WITHOUT FURHTER NOTICE TO ME. I EXPRESSLY AGREE THAT IF I AM MORE THAN TWO (2) MONTHS DELINQUENT ON ANY PAYMENT DUE RANCH THIS SHALL CONSITUTE A BILL OF SALE AND RANCH MAY SELL MY HORSE(S). I AGREE TO HOLD HARMLESS RANCH AND ANY EMPLOYEE, VOLUNTEER, AGENT, OR ASSIGN FROM ANY AND ALL LIABILITY THEY MAY INCUR DUE TO THE SALE OF MY HORSE(S). I FURTHER ACKNOWLEDGE THAT IF THERE IS STILL MONIES OWNED AFTER THE SALE OF MY HORSE(S) I WILL BE PERSONALLY LIABLE FOR ANY AND ALL AMOUN TS INCLUDING BUT NOT LIMITED TO ATTORNEY FEES AND COSTS AS WELL AS THE COST FOR THE SALE OF THE HORSE(S). OWNER SIGNATURE. 16. ABANDONED HORSE Notice is hereby given that if the OWNER of any HORSE does not pick up said HORSE within fourteen (14) calendar days after the day the animal was due to be picked up, the HORSE shall be deemed abandoned. If RANCH is unable to find a new home for an abandoned HORSE within ten (10) days thereafter, the HORSE may be humanely destroyed. This notice is given pursuant to Civ. Code OTHER PERSONS OWNER shall not permit any other person to call for, ride, groom, remove from stall or corral, or in any other way deal with the HORSE, unless such other person s dealing with the HORSE has been authorized in writing by OWNER and such other person has agreed in writing, in form satisfactory to RANCH, to waive all claims against RANCH for injuries or damages that may arise out of or relate in any way to the use of the premises. Failure to follow this procedure constitutes a breach of this Agreement and RANCH shall be entitled to cancel this Agreement, have the HORSE removed from the premises, and retain any unused sum previously paid for board and/or other amounts owed to RANCH. October 2010 Page 6

7 18. ENTIRE AGREEMENT This constitutes the entire Agreement between parties. Any modifications or additions to this Agreement must be in writing and signed by all parties. 19. GOVERNING LAW This Agreement is subject to the laws of the State of California. Any legal action must be taken in Riverside County, California. 20. BINDING EFFECT OF THE AGREEMENT This Agreement will inure to the benefit of and be binding on, the party s respective devisees, heirs, personal representatives, assigns, and successors in interest. 21. WAIVER OF BREACH The failure of either party, at any time, to require the other to perform any of his or her obligations under this Agreement will not affect the party s right to enforce those obligations thereafter. Nor will the waiver by either party of any breach of this Agreement by the other party be deemed a waiver of any subsequent breach, a waiver of the particular provision breached, or a waiver of any other provision of this Agreement. 21. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 22. ENTIRE AGREEMENT This Agreement contains the entire Agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. 23. ATTORNEY FEES In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement, whether in contract, tort, or both, or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment. October 2010 Page 7

8 24. MODIFICATION BY SUBSEQUENT AGREMENT This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both parties. 25. HEADINGS The headings in this Agreement are included for convenience only and neither affects the construction or interpretation of any provision in this Agreement nor affects any of the rights or obligations of the parties to this Agreement. 26. WRITTEN WORD Handwritten or typed words have no greater weight than printed words in the interpretation or construction of this Agreement. Executed on the date first set forth above. SPEARMINT RHINO FRIEISAN RANCH OWNER By: By: October 2010 Page 8