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East Tennessee Riding Club and Horse Show Association, Inc.
470 Tuskeegee Drive, PO Box 4805
Oak Ridge, TN 37831-4805
USER FEES AGREEMENT
This Agreement entered into this the _____ day of _________________, 20____ by and between East Tennessee Riding Club and Horse Show Association, Inc. (ETRC) hereinafter referred to as "ETRC", and ________________________________________________________________, hereinafter referred to as "User(s)".
WITNESSETH:
Whereas, ETRC is a Not for Profit Corporation duly incorporated under the laws of the State of Tennessee, and is operating a self care facility for the purpose of equine activities and the User(s) who has under (his, her, their) jurisdiction one or more horses desire to enter into this Agreement in the following particulars only:
ETRCS RESPONSIBILITIES
ETRC will furnish a stall and tack room, turn out space or an area for the horse to be exercised, and utilities. Utilities including water, sewer and electricity shall be paid by the User(s) at the current rates set by the ETRC Board of Directors.
USERS RESPONSIBILITES
User(s) will furnish all feed, including grain, hay and any other minerals or supplements deemed to be necessary for the health of the horse and sufficient water. User(s) will furnish a water container to allow a sufficient quantity of water for a period of twenty four (24) hours for each animal.
User(s) will furnish all bedding material (to be not less than six (6) inches deep across the surface area of the stall) for the comfort of the horse and ensure that the stall is cleaned on a daily basis.
User(s) agree to pay user fees on the first day of each calendar month, such fees will become delinquent on the tenth day of said month and if no payment is received by the last day of the month, User(s) agree to forfeit title to any and all horses and tack associated with those horses located at ETRCs property. (TCA 66-20-101 and TCA 66-20-103)
User(s) agree to obtain and pay for all necessary and routine veterinarian services to ensure the health of the horse during the term of this Agreement, including annual immunizations for Eastern Equine Encephalitis (EEE), Western Equine Encephalitis (WEE), Rhinopneumonitis (Rhino) and influenza and to provide for Equine Infectious Anemia (coggins) test every twelve months. Proof of immunizations and coggins test results shall be furnished to the ETRC Health and Safety Committee Chairperson by the expiration of the current coggins test, which is twelve months from the date the blood sample was drawn.
User(s) agree to hold harmless the ETRC, ETRC members and the ETRC Board of Directors for any injury to or death of the horse or for any chronic disease or illness of the horse while the horse is on the premise of the ETRC.
User (s) agrees to abide by all General Rules, Standing Rules and By Laws of the ETRC at all times and to pay any and all fees (including but not limited to attorneys fees and court costs) arising from any legal proceeding regarding the terms of this Agreement and/or the User(s) compliance therewith.
This Agreement may be terminated by the User(s) upon thirty (30) days written notification to and receipt by the ETRC Barn Manager. This Agreement may be terminated immediately by the Board of Directors of the ETRC should the User(s) fail to abide by this Agreement.
WARNING UNDER TENNESSEE LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES, PURSUANT TO TENNESSEE CODE ANNOTATED, TITLE 44, CHAPTER 20.
_______________________________ ETRC Vice President, Barn Manager
________________________________User Stall No _____ Tack Room ____
________________________________User Stall No _____ Tack Room ____
Tennessee Liens for the Care of Horses
TENNESSEE CODE
TITLE 66 PROPERTY
CHAPTER 20 LIENS ON ANIMALS
66-20-101 Pasturage lien.
When any horse or other animal is received to pasture for a consideration, the farmer shall have a lien upon the animal for the farmers proper charges, the same as the innkeepers lien at common law; and in addition the farmer shall have a statutory lien for six (6) months.
66-20-103 Livery stable keepers lien.
Livery stable keepers shall be entitled to the same lien provided for in § 66-20-101 on all stock received by them for board and feed, or vehicle kept and/or conditioned, until all reasonable charges are paid.