Gunstock Ranch Boarders and Leasers,
Aloha, enclosed you will find a Gunstock Ranch Contract. We ask that you take the time to read over this agreement, the general conditions and the Ranch Rules. Please sign the contract, the Waiver form, and fill in the Additional Information page. Submit this contract back with your September payment, (due the first of the month as indicated in the contract). We will then review and sign the contract and make a copy for your records.
You are a part of our Gunstock Ranch Ohana. Please help us make and keep this a safe ranch for us all to enjoy. We appreciate your efforts and cooperation in following the rules for the ranch. If you see things or have suggestions that would help improve Gunstock Ranch, please drop us a note or talk to Max or Greg Smith. Thank you for boarding with Gunstock Ranch.
Mahalo,
Gunstock Ranch Management:
Dr. Max B. Smith
Greg A. Smith
Gunstock Ranch
Physical Address: 56-250 Kam Highway
Mailing Address: Po Box 96, Laie, Hi 96762
Phone Contact: 293-9215 (h), 343-4620 (Greg Cel.), 343-4399 (Kyndra Cel)
Email: smithk@byuh.edu
BOARDING/LEASING CONTRACT FOR GUNSTOCK RANCH
This Boarding /Leasing Contract is made and entered into this _______day of _______________, 20 ___ by and between Gunstock Ranch, “Operator” and _______________________ “Owner”. The owner and operator agree as follows:
Whereas, the Owner is the owner of the below described horses which hereafter shall be referred to by their designated letter, that is, as e.g. “Horse A”, “Horse B”, etc..:
NameSex Color Breed
Horse A ____________ _____ _________ _____________
Horse B ____________ _____ _________ _____________
Horse C ____________ _____ _________ _____________
Horse D ____________ _____ _________ _____________
Whereas, the Operator is an independent contractor and the operator of a ranch who provides pasture or stall rental facilities and services for horses in Laie, Hi.
1.In consideration of the facilities and services provided by the Operator, the Owner shall pay to the Operator boarding/ easing fees at the rates stated below:
Horse A: ____________ per month
Horse B: ____________ per month
Horse C: ____________ per month
Horse D: ____________ per month
Total Payment: ____________
Please indicate: Boarding _______ Leasing ____________
·These fees shall be due and payable by the 1st of the month, for the coming month. In the case of partial months, the fee will be prorated by dividing the per month fee by 30 and multiplying the number of days left in the month by that number.
·Board Pay needs to be handed in person to Greg or Kyndra Smith( do not give you children or babysitter), mailed to PO Box 127, Laie, HI 96762, or dropped in Security Box posted on fence by home.
·Checks may be made payable to Gunstock Ranch. All fees and other monies owed by the Owner shall be considered delinquent as of the 8th day of the month. A late charge of $5.00 a day will be applied to all delinquent payments.
2.Owner shall deliver to the operator ________ horse(s), as described above, for the boarding by the operator.
3.The Operator shall not provide for the feeding of horses, unless agreed upon with management.
4.The Operator shall provide only pasture for the above described horse(s).
5.The Operator makes no guarantee of the quality of feed available in said pasture.
6.The Operator shall provide all necessary water for the horse(s). The Owner shall check watering equipment and advise Operator of needed repairs.
7.If Operator feels that any horse has become ill or inured, the Operator shall attempt to notify the Owner immediately. If the Operator is unable to contact the Owner within two (2) hours of detecting such need, or if the Owner does not immediately inform Operator regarding measures to be taken, or if, in the sole discretion of the Operator, the horse(s) health requires immediate attention; the Operator is hereby authorized to secure services of a veterinarian or blacksmith, or administer medication or give any other attention that appears advisable. The Owner shall promptly pay all reasonable expenses for all services.
8.The Owner will be given at least thirty (30) days notice prior to any changes in boarding fees. Upon such notice the Owner may terminate this Boarding Agreement contract in accordance with the terms and conditions of this contract.
9.Any risk of loss or injury, to the horse(s), shall be borne by the Owner, and in the event of loss or injury to such horse(s), the Owner agrees to hold the Operator harmless from any and all claims. The Owner also agrees to reimburse the Operator for any reasonable attorney’s fees incurred in the defense of any action caused by the Owner’s conduct, or the conduct of the Owner’s horse(s).
10.Should the Owner fail to perform any of the obligations imposed on him by this contract, the Operator has the right to terminate this contract. In addition, pursuant to Hawaii Revised Code section 507-1, the Operator has a lien on the horse(s) delivered to him for boarding to secure payment for the facilities and services to be provided by the Operator. If all charges from pasturing and rendering any other services to the horse(s) shall be unpaid for a period of sixty (60) days after they become due in accordance with the terms of this contract, the Operator may exercise his lien rights, and in connection therewith, may sell the horse(s) at a public auction, after thirty (30) days notice to the Owner of such unpaid charges. In the event of such a sale, the proceeds of the sale shall be applied to liquidate the indebtedness secured by the lien. If such a sale does not secure a sufficient price to pay the cost of board and other charges secured by the lien, plus costs of sale, the Owner shall pay to the Operator the difference. Any amount realized by such a sale over and above the charges due and costs of sale, shall be retained by the Operator as liquidated damages for breach of this contract by the Owner.
11.In the event of default, the non defaulting party shall have the right to recover attorney’s fees from the defaulting party.
General Conditions
1.The Owner represents that he is the sole owner of the horse(s) and that there are no liens or other encumbrances against the horse(s).
2.The Owner certifies that all information stated above is correct.
3.The Owner shall hold the Operator, its landlord, employees, its landlord’s and trustees, and the property of the Operator harmless from any and all liability for any damages to the horse(s) arising out of or from pasturing of the horse(s) or that may accrue from any causes whatsoever in connection therewith, including loss by fire, theft, running away, death, or injury during the term of this contract, whether the horse(s) be on the premises of the Operator or not, except where any such loss is caused by the gross negligence of the Operator or its employees. The Owner shall indemnify the Operator against all damages sustained or suffered by reason of pasturing of the horse(s) and for any reason whatsoever arising out of the boarding of the horse(s).
4.Except as expressly provided for in this contract, this contract shall remain in full force and effect until terminated by written notice by either party at least seven (7) days prior to the date selected for termination. The board fee for the remaining portion of the month will be prorated according to the number of days left in the month. In the event the Owner terminates this contract without seven (7)) days written notice to the Operator, the Operator shall be entitled to the full month’s boarding fees as liquidated damages.
5.The Operator may from time to time establish rules and regulations concerning the use of the facilities. The Owner herby agrees to abide by said rules and regulations at all times. If, in the sole discretion of the Operator, the Owner has violated or has caused to be violated any of said rules and regulations, the Operator may terminate this contract immediately and shall retain the portion of boarding fees remaining for that month as liquidated damages.
6.All items and conditions of this contract shall be binding on the heirs, administrators, successors, and assigns of the Owner and the Operator.
7.Time is herby expressly declared to be of the essence of this contract.
8.Any disputes concerning this contract shall be governed by the laws of the State of Hawaii.
IN WITNESS WHEREOF the parties hereto have executed these presents effective the day and year first written above.
Owner
_____________________________________ Date ________________________
by: __________________________________
Please Print Full Name
Gunstock Ranch
_________________________________ Date __________________________
by: Greg/Kyndra Smith
Additional Information
Name: _________________________________________________
Address: _______________________________________________
Telephone
·Home: ____________________
·Cell: ____________________
·Business: ____________________
·Pager: ____________________
·Other: ____________________
Email: __________________________
Vehicles
Type MakeColorLicense Plate #
#1) _______________ __________ ___________ __________________
#2) _______________ __________ ___________ __________________
#3) _______________ __________ ___________ __________________
Veterinarian: ____________________________ Phone: __________________
Ferrier: _________________________________ Phone: __________________
Trainer: _________________________________ Phone: __________________
Gunstock Ranch Policies and Rules
·No boarders or guests are allowed on the premises before 6:30am or after 8:00pm, without advance notice to Greg Smith. Gate will be locked at 8:00pm.
·Gunstock Ranch facilities, horses, and cows will be closed on Sundays. No roping, or competitive events held on Sunday. The trails and arena area are open for pleasure purposes.
·Sunday use of Gunstock Ranch is limited to boarders and their guest for feeding and riding of their own horses. A combination lock will be on the front gate on Sundays. To obtain permission to be on the ranch and the combination, talk to Greg Smith.
·Do not feed other people’s horses without their knowledge and/or permission. This includes when you are entering a pasture to catch your own horse.
·Do not use or borrow Gunstock or anyone’s tack or supplies without their permission.
·Do not use Gunstock or anyone’s horse(s) without their permission.
·All guest riders must sign a liability release form prior to riding on the premises.
·No structures are allowed without approval of ranch management.
·No relocating of horses without ranch manager’s permission.
·Children under 14 must be accompanied by an adult or guardian who assumes responsibility for them at all times while on the ranch.
·Dogs allowed on leashes.
·All riders under 16 years of age are required to wear approved riding helmets unless their guardians have signed a waiver of this policy.
·No camping on Gunstock Ranch without permission from ranch management.
·No residing on Gunstock Ranch allowed at any time.
·Arena area is a shared facility for all boarders. Please be courteous and work together for shared time. Greg Smith will be establishing an arena schedule. Check with him for approval of specific arena events.
·Any events to be held on Gunstock Ranch must be scheduled through Greg Smith.
·Ranch road and ranch speed limit is 15 miles per hour.
·No drugs or alcohol allowed on the ranch.
·No smoking in or near tack or feed rooms and fuel storage areas.
·You are responsible for whom you invite on the ranch. They need to be informed of the rules as well.
·These rules may be amended from time to time.
·Any violation of these rules may result in the immediate termination of your pasturing agreement and the removal of your horse from the ranch.
Gunstock Ranch Liability Waiver Form
The rider understands that in order to be on Gunstock Ranch, he/she must give up the right to sue in the event he/she is injured. This waiver of the right to sue is a condition of being permitted on the ranch and to participate in activities held there.
I hereby relinquish all claims and agree to indemnify and hold harmless Gunstock Ranch, their employees, Hawaii Resources, Inc. (their successors), Max and Rita Smith (their heirs and successors), Brigham Young University, Hawaii Campus and their employees for loss or damage including, but not limited to claims or demands for property damage, injuries, or death to persons or animals or liabilities of any character arising out of in connection with any use of the premises.
I hereby accept.
Print Name __________________________
Sign Name __________________________
Date __________________________
·I am allowing my child/children to ride without a helmet.
Name(s): _________________________
_________________________
_________________________
_________________________
Parent Signature __________________________________ Date ______________
·I have read the Gunstock Ranch Policies and Rules and agree to abide by these standards as a Boarder, Guest, or Participant while on Gunstock Ranch.
Signature ________________________________ Date _____________
Signature ________________________________ Date _____________
Signature ________________________________ Date _____________
Signature ________________________________ Date _____________