*EXERCISE - The Owner shall be
responsible for the exercise of the horse.
*RISK OF LOSS - During the time
that the horse is in the custody of Denny Downs, Denny Downs
shall not be liable
for any sickness, disease, theft, death or injury which may be
suffered
by the horse or any other cause of action, whatsoever, arising
out of or being connected in any way with the boarding of said
horse. This includes, but is not limited to, any personal injury
or disability the horse may receive while on Denny Downs premises.
The Owner fully understands that Denny Downs does not carry any
insurance on any horses not owned by it for boarding or for any
other purposes, for which the horses are covered under any 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 is in the possession on the premises of Denny
Downs, are to be borne by the Owner.
*HOLD HARMLESS - Owner agrees to hold Denny Downs
harmless from any claim resulting from damage or injury cased by
said horse to anyone and agrees to pay any legal fees, and/or expenses
incurred by Denny Downs in defense of such claims.
*EMERGENCY CARE - Denny Downs agrees to attempt
to contact owner should Denny Downs feel that medical treatment
is needed for said horse but, if Denny Downs is unable to contact
Owner, Denny Downs is then authorized at the owner expense to secure
emergency veterinary and/or blacksmith care for the health and
well being of said horse.
*SHOEING & WORMING - Denny
Downs will not provide any shoeing and worming of the horse,
however, services
will be made available on the premises to have these services performed
by competent personnel. Owner can check with the office to make
arrangements.
*GROOMING - Denny Downs shall not provide grooming
for said horse and shall not become part of and included with the
aforesaid fees.
*ANNUAL SHOTS - Provide prior
to the time of delivery of said, to Denny Downs, proof of annual
shots (to include
inter-nasal flu (not required for pregnant mares), tetanus, flu
(eastern and western), rhino, and strangles). Arrangements can
be made with Denny Downs vet to provide the shots, if desired.
*DEFAULT - Either party may terminate this agreement
for failure of the other party to meet any material terms of this
agreement. In the case of any default by one party, the other party
shall have the right recover attorney's fees and court costs incurred
as a result of said default.
*ASSIGNMENT - This agreement cannot
be assigned by the Owner without the expressed written consent
of Denny Downs.
*RIGHT OF LIEN - The Owner is put on notice that
Denny Downs has a right of lien, as set forth in the law of the
State of Idaho, for the amount due for the board, medical treatment,
and keep of such horse and shall have the right, without process
of law, to retain said horse until the amount of such indebtedness
is discharged.