LEASING CONTRACT for 4H
This Leasing contract made this ______day of ______________,_2007__
by and between Rockin’ P Public Riding Ranch, Inc. herein after
referred to as “LESSOR” and _________________________,herein
after referred to as “RENTER”. For and in consideration of the mutual
agreements herein after set forth, the RENTER (and, if a Minor, the undersigned
Parent or Legal Guardian) and LESSOR do hereby covenant, promise and agree as
follows:
1. LEASING FEE: The
RENTER shall pay to LESSOR a leasing fee the first day of each month a sum of $_____dollars
(Discounted $50) per Month for _________________________, referred to as RENTER
(or if a Minor, the undersigned Parent or Legal Guardian) Horse. In
consideration of this lease, and for the applied discount of $50 per month, the
RENTER agrees to donate labor to LESSOR for “horse care” which includes but is
not limited to Feedings, Grooming, Exercise and Barn Cleaning. Additionally,
the LESSOR certifies that the horse leased is fit for said purposes. The RENTER
has inspected the horse and agrees to accept this horse in its present
condition.
2. PURPOSE: The RENTER (and, if a
Minor, the undersigned Parent or Legal Guardian) is leasing a horse for an
Illinois 4-H project and exhibitions relating to that project and LESSOR agrees
to provide a horse during the period of time. This lease gives the RENTER the
right to show a horse that they have cared for.
3.
INDEMNITY AGREEMENT:
_______(Initial)
BY SIGNING THIS LEASING CONTRACT the RENTER (and, if a Minor, the
undersigned Parent or Legal Guardian) acknowledges that they have read and
accepts this agreement and that they and anyone associated with them, including
but not limited to all of their heirs, do hereby voluntarily and forever
releases and discharges the LESSOR and the Pekin Park District and anyone
Associated with them including but not limited to their respective owners,
officers, directors, agents, sub-contractors, volunteers, and employees
(hereinafter collectively and individually referred to as the “Released Parties)
from any and all claims, suits, actions, and/or liability of any type or kind
(including but not limited to, damages for personal injury – hereinafter
“personal injury” is understood to also include disabling injury that could
alter life’s activities and even death) that the RENTER at any time may have or
sustain as a result of participating in services provided, including but not
limited to horse rental and/or receiving goods, other services, or instructions.
The RENTER (and, if a Minor, the undersigned Parent or Legal Guardian) fully
understands, acknowledges and agrees that there is a possibility of accidental
or other physical injury which includes but is not limited to participating in
services and activities such as Fun Shows, trail rides, horse care and exercise,
lessons, etc.. Nonetheless, the RENTER (and, if a Minor, the undersigned Parent
or Legal Guardian) further agrees to assume the risk of personal injury, and any
and all other risk or any loss or injury of any type or kind whatsoever,
including loss of use and any other indirect or consequential damages which the
RENTER may suffer, resulting directly or indirectly, wholly or in part, from
Released Parties services including but not limited to horse rental, and further
agrees to indemnify and hold harmless the Released Parties, their respective
owners, officers, directors, agents, volunteers and employees from any and all
loss, cost or expense suffered, and claims, demands, actions damages, and
judgments of any nature asserted against the Released Parties as a result of the
RENTER partaking in services provided by Released Parties.
_______(Initial)
INSURANCE – BY SIGNING BELOW THE RENTER (and, if a Minor, the undersigned
Parent or Legal Guardian) AGREE THAT IF MEDICAL TREATMENT BE REQUIRED AS A
RESULT OF THIS LEASING AGREEMENT THAT THE RENTER (OR, IF A MINOR, THE PARENT OR
LEGAL GUARDIAN) PERSONAL INSURANCE COMPANY AND/OR PERSONAL FUNDS SHALL PAY FOR
ALL SUCH INCURRED EXPENSES INCLUDING BUT NOT LIMITED TO SERVICES PROVIDED BY
HOSPITAL, DOCTOR(S), AND CLINICS. THE LESSOR and the Pekin Park District and
anyone associated with them including but not limited to their respective
owners, officers, directors, agents, volunteers, and employees WILL NOT BE HELD
LIABLE FOR ANY EXPENSES OR SUITS OF ANY TYPE OR KIND.
4.
SAFETY: LESSOR emphasizes that RENTER use any and all safety precautions
including a HELMET.
5. VETERINARIAN/FARRIER
SERVICES: LESSOR shall be responsible for obtaining regular veterinarian
and farrier attention of rented horse and shall be solely responsible for the
cost of all such services. The horse will also have current COGGINS to allow
RENTER to take leased horse off the property of the LESSOR (restrictions apply –
See #10. below). Additionally, LESSOR warrants that they shall provide annual
vaccinations, worming, and/ or other medical care necessary for the animal
during the contract agreement UNLESS the medical care was due to
negligence of the RENTER when unsafe, riding recklessly and/or too fast for
conditions, etc.
7. TERMINATION: This contract may
be terminated, without cause by LESSOR, or RENTER (or, if a Minor, the
undersigned Parent or Legal Guardian) upon a 2 day written/verbal notice.
LESSOR shall be paid all leasing fees incurred up to the termination date. Upon
full payment by RENTER (or, if a Minor, the undersigned Parent or Legal
Guardian) neither party shall have any further obligation to the other.
8. PERSONAL PROPERTY: All animals
and personal property of RENTER used for said horse shall be and remain at
RENTER’S (and, if a Minor, the undersigned Parent or Legal Guardian) sole risk
and LESSOR shall not be liable for any damage to personal property.
9. DAMAGES: RENTER (and, if a
Minor, the undersigned Parent or Legal Guardian) shall be responsible for any
damages caused by RENTER to LESSOR’s property or animals, or the property or
animals of any other client including but not limited to the Pekin Park
District. The RENTER (and, if a Minor, the undersigned Parent or Legal
Guardian) agrees to replace or repair damages in a timely manner at the sole
cost of the RENTER (and, if a Minor, the undersigned Parent or Legal Guardian).
10. RULES AND REGULATIONS: LESSOR
reserves the right to issue rules with respect to the use of the stables,
grounds, approved trails, animals and to amend those rules without notice to
RENTER. Including but not limited to:
A.
The only person allowed to ride rented horse is ________________________.
B.
RENTER will NOT be allowed to provide any care or ride leased horse
without the presence of a 4H Leader approved by the LESSOR.
C.
RENTER will not take leased horse off Rockin’ P Ranch’s property without
the presence and assistance of a 4H Leader approved by the Lessor..
11. ASSIGNMENT: RENTER (and, if a
Minor, the undersigned Parent or Legal Guardian) may not assign any interest in
the contract.
12. DEFAULT: Each of the
following events shall constitute a default on the part of the RENTER (and, if a
Minor, the undersigned Parent or Legal Guardian) with respect of RENTER’S (and,
if a Minor, the undersigned Parent or Legal Guardian) obligations here under and
a breach of the Leasing contract:
A.
The failure to pay the leasing fees or any part there of when the same
shall become due.
B.
The failure of RENTER and/or RENTER’s guests to abide by any rules or
regulations of LESSOR.
13. COST AND FEES: In the event that
either party shall commence litigation with the other respect to this contract,
the prevailing party in such litigation shall be entitled to recover from the
party all costs and expenses, including reasonable attorneys’ fees, incurred as
result of such litigation.
14. AMENDMENT OR MODIFICATION:
RENTER (and, if a Minor, the undersigned Parent or Legal Guardian) acknowledges
and agrees that RENTER (and, if a Minor, the undersigned Parent or Legal
Guardian) has no relied upon statement, representations, agreements or
warranties except such as are expressed herein. No amendment or modification of
the contract shall be valid of binding unless expressed in writing and executed
by the parties hereto in the manner as the execution of the contract.
15.
GOVERNING LAW: This contract is made and entered into the STATE OF
ILLINOIS, and shall be
Governed by the laws of this state.
This Lease shall commence on
___________________, 2007, and terminate on _________________, 2007.
LESSOR
Signature
RENTER Signature & Address
X____________________________________
X____________________________________________
Rockin’ P Public Riding Ranch, Inc.
______________________________________________
______________________________________________
Phone:________________________________________
Witness:
IF RENTER is a MINOR (under Age 18):
X____________________________________________
Undersigned Parent/Legal Guardian of RENTER
____________________________________
WARNING
FOLLOWING THE ILLINOIS Act 745 I.L.C.S. 47/1.
Under the Illinois Equine Activity Liability Act, Each
participant who engages in an equine activity expressly assumes the risk of
engaging in and legal responsibility for injury, loss, or damage to person or
property resulting for the risk of equine activities.