Service Agreement - Livery Yard/ Boarding Stable (Australia)

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This Livery Yard/Boarding Stable Agreement is between a boarding stable/livery yard and a horse owner for the care of a horse. It is crucial that the specific terms of this type of arrangement be memorialized in writing. Having a written agreement will prove invaluable in the event of a horse’s illness or injury or misunderstandings or disagreements about the horse’s care.

Among others, this Livery Yard/Boarding Stable Agreement contains the following provisions:
  • Client Information: Name and pertinent information about the client, the horse and the livery yard;
  • Services and Term: Sets forth the specific services to be performed and the term of the agreement;
  • Duties of the Livery Yard and the Owner: The specific services both the livery yard and the owner will perform;
  • Emergencies: Sets forth who will be summoned in the event of an emergency with the horse.

Protect your Rights and your Property by using our professionally prepared up-to-date forms.

This lawyer-prepared packet includes:
  1. General Information
  2. Instructions and Checklist
  3. Livery Yard/Boarding Stable Agreement for use in Australia
Law Compliance: This form complies with the state and territory laws of Australia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Livery Yard/Boarding Stable Agreement
(Australia)

 

 
This Livery Yard Agreement (the “Agreement”) is made and entered on this ______________ day of _____________________________, 20______.
 
 
Between   
 
Name: ___________________________
 
Address: _________________________
 
________________________________
 
Phone Number: ___________________ (the “Yard”)
 
And
 
Name: ____________________________
 
Address: _________________________
 
_________________________________
 
Phone Number: ____________________
 
Mobile Number: ___________________ (the “Owner”)
 
WHEREAS the Owner owns a certain Horse(s) as identified in the attached Exhibit A (hereinafter referred to as the “Horse(s)”) including any offspring or produce there from; and
 
WHEREAS the Owner desires to engage the Yard to feed and maintain the Horse(s) and the Yard hereby agrees to provide such services for the said Horses on the terms and conditions as set forth herein.
 
NOW THEREFORE in consideration of the covenants and obligations contained herein, the Parties hereto represent and agree as follows.
 
1. The Services
 
The Yard shall at all times during the Term provide the Services as outlined in the attached Exhibit A. The Yard shall provide the Services in an efficient and professional manner to meet the needs of the Horse and in providing the Services the Yard will exercise necessary skill, care and diligence that might be expected of a competent and properly qualified livery yard.
 
 
 
 
2.  Term
 
This Agreement shall commence from the date mentioned above and shall continue for a period of ______________ years, unless earlier terminated.
 
3. Facilities and Duties of the Yard
 
(A)  The Yard shall give the Owner access, during the business hours of the Yard, to the Horse and all the premises where the Horse is kept.
 
(B)  The Yard shall employ for the purposes of the Services sufficient persons that are suitably skilled and experienced, and where appropriate, professionally qualified in providing similar services.
 
(C)  The Yard shall maintain a yard health policy to include without limitation policies on worming and vaccination.
 
(D)  The Yard shall make provisions of providing rugs in winter with full livery.
 
(E)  The Yard shall take reasonable care of the Horse, its Veterinary needs and must do all efforts to prevent cruelty
 
(F)  The Yard must ensure that the premises are safe and appropriate for the use, with proper drainage, ventilation and safe buildings
 
(G)  The Yard shall take all measures to protect the Horse from damage from other animals, disease, poisonous materials and poisonous plants
 
4. Duties of the Owner
 
(A)  The Owner shall inform the Yard if the Horse is to be absent from the Yards premises and when the Horse will leave and return to the Yards premises.
 
(B)  The Owner shall wear appropriate dress at all times when in the vicinity of the Horse, including without limitation, a hat conforming to standards and suitable footwear with a flat sole and a heel.
 
(C)  Owner shall maintain adequate third party liability insurance in respect of the Horse, including insurance for any liability for death and personal injury and will produce evidence of this when requested by the Yard.
 
(D)  Owner will ensure that any accompanying visitors, including children, are supervised and they do not cause loss or damage or cause a nuisance to other people or livestock on the farm.
 
(E)  Owner shall observe any rules or requirements relating to those premises as notified to the Owner by the Yard.
 
(F) Owner shall be responsible for worming & teeth inspection and vaccination of the Horse.
(G)  Horses must be wormed on arrival & have up-to-date vaccination certificates for flu and tetanus. Veterinary and farriers fees are the Owners responsibility.
5.  Fees, Terms of Payment and Financial Matters
 
(A) The Owner agrees to pay AUD._______________ as consideration for the Yards services. Owner shall also reimburse the Yard for any additional food and medication and transportation costs that the Yard might have incurred in an emergency situation including emergency transportation.
 
(B)  All payments must be paid in advance on the ___________ day of each month. Any payments received after the due date will apply a late payment charge at 10% of the total each month.
 
6.  Emergencies
 
The Owner agrees that in the event the Yard believes that the Horse is in need of urgent veterinary/farrier attention, the Yard may summon a veterinary surgeon/farrier and authorise any essential treatment, provided that the Yard makes all reasonable attempts to contact the Owner before such work is carried out. The Owner agrees to take responsibility for veterinary/farrier fees incurred in accordance with this paragraph.
 
7.  Identification
 
A detailed description of the Horse and a photograph is to be supplied by its owner including its age, condition and details of any pre-existing injury, any allergies and the horse/ponys likes and dislikes.
 
8.  Stables, Paddocks
 
Stables will be allocated to each Horse and this will be its home for the period of its stay at the Yard. A paddock will also be allocated for each Owner on arrival at the Yard but we may need to move the Horses around, depending on the weather and if any work needs to be done to the paddocks. It is at the Owners discretion as to when the animal is turned out and brought in.
 
9.  Code of conduct (YARD CODE)
 
By signing this agreement the Owner agrees to abide by the code conduct of the Yard. Failure of abiding to the code of practice will lead to immediate eviction from the Yard with no refund.
 
10.  Liability
 
Yard will take every care to ensure that all horses receive the best possible care and attention. However, Owner's leave their Horses in the care of Yard entirely at their own risk. Yard cannot accept liability for natural or un-natural accidents, incidents, injury or illness to either the Horse, howsoever caused, while at livery and using the Yards facilities.
 
 
11.  Damage
 
If a Horse causes major damage to property or equipment at Yard the cost of repair will be billed to the Owner.
 
12.  Notify
 
The Owner will notify the Yard in good time of any information or documents required by the Yard to enable it to perform the Services including without limitation, any known vices, medical condition, and any special requirements of the horse
 
13.  Records
 
During the Term, the Yard will keep appropriate records of all acts and works done by it in relation to the Services and at the request of the Owner, the Yard shall make them available for inspection and/or provide copies to the Owner.
 
14. Ownership of the Horse
 
All rights, title, and interests in and to all Horse delivered to the Yard pursuant to this Agreement shall at all times remain with the Owner, and the sole right of the Yard with respect to such Horse shall be to perform the services and labour specified in this Agreement, and to ship the Horse on instructions from the Owner.
 
15. Inspection
 
Subject to the terms of this Agreement, the Owner, or its agent, shall have the right at any time, without notice and without interference by the Yard, to inspect the Horse, any feed, veterinarian supplies or any other things used in connection with the maintenance of the Horse.
 
16. Insurance Death and Loss
 
The Owner shall provide insurance for loss, death or destruction of the Horse. The Yard shall provide a policy of general liability insurance insuring against claims by third parties for personal injury or death arising from the Yards maintenance, care, feeding, watering of the Horse. The Yard shall name the Owner as an additional insured and shall provide the Owner with copies of said policies upon demand.
 
17. Relationship Between Yard and Owner
 
Yard is an independent contractor and is not Owner's agent or employee. Nothing in this Agreement shall constitute the Yard as a joint venture with, or the agent, legal representative, partner, or employee of the Owner, and neither party shall have the right or power to and shall not bind or obligate the other in any way, manner, or thing whatsoever nor represent to anyone a right to do so.
 
 
 
 
18. Compliance with Laws
 
The Yard warrants that it is in compliance with all federal, state and local laws and it shall not violate any such laws in connection with the caring for, feeding, maintenance or sale of the Horse.
 
19. Termination
 
(A)  Any Party may terminate this Agreement at any time by giving ____days notice in writing to the other party.
 
(B)  The Owner may, at its sole option, immediately terminate this Agreement in writing if:
 
(i) in the opinion of the Owner, the Services provided by the Yard are unsatisfactory, inadequate, or are improperly performed; or
 
(ii) in the opinion of the Owner, the Yard has failed to comply with any term or condition of this Agreement; or
 
(iii) the Yard is dissolved or becomes bankrupt or insolvent.
 
(C)  Upon termination of this Agreement, the Yard shall cease to perform any further Services.  The Owner shall be under no other obligation to the Yard other than to pay any outstanding amounts to which the Yard is entitled to receive for work completed up to the date of termination.
 
20. Disposition of Horse(s)
 
Upon Termination, Yard will deliver Owner's Horse(s) to Owner in accordance with Owner's instructions. Owner may enter upon the premises where any of the Horse(s) may be found and take possession of and remove them.
 
21. Notices
 
All notices, correspondence, writings, statements or other communication required or permitted to be given hereunder by either of the parties to the other of them shall be given, made or communicated, as the case may be, by personally delivering the same, by telex, telegram or electronic facsimile transfer, or by registered or certified mail, first-class, postage prepaid, return receipt requested, addressed to the recipient as follows:
 
TO THE OWNER:
_____________________________________
 
_____________________________________
 
TO THE YARD:
_____________________________________
 
_____________________________________
Both parties reserve the right to change the address of service at any time, with notice in writing to the receiving party.
 
22. Governing Law and Dispute Resolution
 
This Agreement shall be construed under the laws of the State of _____________________. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of International Arbitration Act 1974 under its jurisdiction in ________________ before a single arbitrator. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable lawyers' fees and expenses. The arbitration award shall be final, binding and non-appealable.
 
23. Successors and Assigns
 
This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, successors and assigns. Neither party may assign this Agreement without prior written consent of the other.
 
24. Assignment
 
The Yard shall not assign or transfer this Agreement or any rights or obligations under this Agreement without first obtaining written permission from the Owner.
 
25. Severability
 
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
 
26. Interpretation
 
The headings, captions, and titles in this Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter.
 
27. Advice of Legal Counsel
 
Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
 
28. Entire Agreement
 
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
 
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first written above.
 
By: _____________________________________________
       OWNER
________________________________________________
PRINTED NAME OF AUTHORISED PERSON
 
 
By: _____________________________________________
       YARD
________________________________________________
PRINTED NAME OF AUTHORISED PERSON
 
 
 
 
 
 
 
EXHIBIT A
SERVICES TO BE PROVIDED
 
The Yard shall provide the following livery services in respect of the Horse:
 
1.1   At all times, a dry stable with adequate light and ventilation; and
1.2   When required, an area of hard standing where the Horse may be groomed, shod etc; and
1.3   During the summer months, grazing at the rate of at least one acre per horse; and
1.4   During the winter months, an adequate supply of good quality hay; and
1.5   At all times, an unlimited supply of fresh, clean water; and
1.6   For at least one hour per day 25 days every month, a turnout area; and
1.7   At all times, a secure fencing to all areas used by the Horse.
 
 [Add any additional services]
 
Number of Pages19
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#34888
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Livery Yard/Boarding Stable Agreement
(Australia)

 

 
This Livery Yard Agreement (the “Agreement”) is made and entered on this ______________ day of _____________________________, 20______.
 
 
Between   
 
Name: ___________________________
 
Address: _________________________
 
________________________________
 
Phone Number: ___________________ (the “Yard”)
 
And
 
Name: ____________________________
 
Address: _________________________
 
_________________________________
 
Phone Number: ____________________
 
Mobile Number: ___________________ (the “Owner”)
 
WHEREAS the Owner owns a certain Horse(s) as identified in the attached Exhibit A (hereinafter referred to as the “Horse(s)”) including any offspring or produce there from; and
 
WHEREAS the Owner desires to engage the Yard to feed and maintain the Horse(s) and the Yard hereby agrees to provide such services for the said Horses on the terms and conditions as set forth herein.
 
NOW THEREFORE in consideration of the covenants and obligations contained herein, the Parties hereto represent and agree as follows.
 
1. The Services
 
The Yard shall at all times during the Term provide the Services as outlined in the attached Exhibit A. The Yard shall provide the Services in an efficient and professional manner to meet the needs of the Horse and in providing the Services the Yard will exercise necessary skill, care and diligence that might be expected of a competent and properly qualified livery yard.
 
 
 
 
2.  Term
 
This Agreement shall commence from the date mentioned above and shall continue for a period of ______________ years, unless earlier terminated.
 
3. Facilities and Duties of the Yard
 
(A)  The Yard shall give the Owner access, during the business hours of the Yard, to the Horse and all the premises where the Horse is kept.
 
(B)  The Yard shall employ for the purposes of the Services sufficient persons that are suitably skilled and experienced, and where appropriate, professionally qualified in providing similar services.
 
(C)  The Yard shall maintain a yard health policy to include without limitation policies on worming and vaccination.
 
(D)  The Yard shall make provisions of providing rugs in winter with full livery.
 
(E)  The Yard shall take reasonable care of the Horse, its Veterinary needs and must do all efforts to prevent cruelty
 
(F)  The Yard must ensure that the premises are safe and appropriate for the use, with proper drainage, ventilation and safe buildings
 
(G)  The Yard shall take all measures to protect the Horse from damage from other animals, disease, poisonous materials and poisonous plants
 
4. Duties of the Owner
 
(A)  The Owner shall inform the Yard if the Horse is to be absent from the Yards premises and when the Horse will leave and return to the Yards premises.
 
(B)  The Owner shall wear appropriate dress at all times when in the vicinity of the Horse, including without limitation, a hat conforming to standards and suitable footwear with a flat sole and a heel.
 
(C)  Owner shall maintain adequate third party liability insurance in respect of the Horse, including insurance for any liability for death and personal injury and will produce evidence of this when requested by the Yard.
 
(D)  Owner will ensure that any accompanying visitors, including children, are supervised and they do not cause loss or damage or cause a nuisance to other people or livestock on the farm.
 
(E)  Owner shall observe any rules or requirements relating to those premises as notified to the Owner by the Yard.
 
(F) Owner shall be responsible for worming & teeth inspection and vaccination of the Horse.
(G)  Horses must be wormed on arrival & have up-to-date vaccination certificates for flu and tetanus. Veterinary and farriers fees are the Owners responsibility.
5.  Fees, Terms of Payment and Financial Matters
 
(A) The Owner agrees to pay AUD._______________ as consideration for the Yards services. Owner shall also reimburse the Yard for any additional food and medication and transportation costs that the Yard might have incurred in an emergency situation including emergency transportation.
 
(B)  All payments must be paid in advance on the ___________ day of each month. Any payments received after the due date will apply a late payment charge at 10% of the total each month.
 
6.  Emergencies
 
The Owner agrees that in the event the Yard believes that the Horse is in need of urgent veterinary/farrier attention, the Yard may summon a veterinary surgeon/farrier and authorise any essential treatment, provided that the Yard makes all reasonable attempts to contact the Owner before such work is carried out. The Owner agrees to take responsibility for veterinary/farrier fees incurred in accordance with this paragraph.
 
7.  Identification
 
A detailed description of the Horse and a photograph is to be supplied by its owner including its age, condition and details of any pre-existing injury, any allergies and the horse/ponys likes and dislikes.
 
8.  Stables, Paddocks
 
Stables will be allocated to each Horse and this will be its home for the period of its stay at the Yard. A paddock will also be allocated for each Owner on arrival at the Yard but we may need to move the Horses around, depending on the weather and if any work needs to be done to the paddocks. It is at the Owners discretion as to when the animal is turned out and brought in.
 
9.  Code of conduct (YARD CODE)
 
By signing this agreement the Owner agrees to abide by the code conduct of the Yard. Failure of abiding to the code of practice will lead to immediate eviction from the Yard with no refund.
 
10.  Liability
 
Yard will take every care to ensure that all horses receive the best possible care and attention. However, Owner's leave their Horses in the care of Yard entirely at their own risk. Yard cannot accept liability for natural or un-natural accidents, incidents, injury or illness to either the Horse, howsoever caused, while at livery and using the Yards facilities.
 
 
11.  Damage
 
If a Horse causes major damage to property or equipment at Yard the cost of repair will be billed to the Owner.
 
12.  Notify
 
The Owner will notify the Yard in good time of any information or documents required by the Yard to enable it to perform the Services including without limitation, any known vices, medical condition, and any special requirements of the horse
 
13.  Records
 
During the Term, the Yard will keep appropriate records of all acts and works done by it in relation to the Services and at the request of the Owner, the Yard shall make them available for inspection and/or provide copies to the Owner.
 
14. Ownership of the Horse
 
All rights, title, and interests in and to all Horse delivered to the Yard pursuant to this Agreement shall at all times remain with the Owner, and the sole right of the Yard with respect to such Horse shall be to perform the services and labour specified in this Agreement, and to ship the Horse on instructions from the Owner.
 
15. Inspection
 
Subject to the terms of this Agreement, the Owner, or its agent, shall have the right at any time, without notice and without interference by the Yard, to inspect the Horse, any feed, veterinarian supplies or any other things used in connection with the maintenance of the Horse.
 
16. Insurance Death and Loss
 
The Owner shall provide insurance for loss, death or destruction of the Horse. The Yard shall provide a policy of general liability insurance insuring against claims by third parties for personal injury or death arising from the Yards maintenance, care, feeding, watering of the Horse. The Yard shall name the Owner as an additional insured and shall provide the Owner with copies of said policies upon demand.
 
17. Relationship Between Yard and Owner
 
Yard is an independent contractor and is not Owner's agent or employee. Nothing in this Agreement shall constitute the Yard as a joint venture with, or the agent, legal representative, partner, or employee of the Owner, and neither party shall have the right or power to and shall not bind or obligate the other in any way, manner, or thing whatsoever nor represent to anyone a right to do so.
 
 
 
 
18. Compliance with Laws
 
The Yard warrants that it is in compliance with all federal, state and local laws and it shall not violate any such laws in connection with the caring for, feeding, maintenance or sale of the Horse.
 
19. Termination
 
(A)  Any Party may terminate this Agreement at any time by giving ____days notice in writing to the other party.
 
(B)  The Owner may, at its sole option, immediately terminate this Agreement in writing if:
 
(i) in the opinion of the Owner, the Services provided by the Yard are unsatisfactory, inadequate, or are improperly performed; or
 
(ii) in the opinion of the Owner, the Yard has failed to comply with any term or condition of this Agreement; or
 
(iii) the Yard is dissolved or becomes bankrupt or insolvent.
 
(C)  Upon termination of this Agreement, the Yard shall cease to perform any further Services.  The Owner shall be under no other obligation to the Yard other than to pay any outstanding amounts to which the Yard is entitled to receive for work completed up to the date of termination.
 
20. Disposition of Horse(s)
 
Upon Termination, Yard will deliver Owner's Horse(s) to Owner in accordance with Owner's instructions. Owner may enter upon the premises where any of the Horse(s) may be found and take possession of and remove them.
 
21. Notices
 
All notices, correspondence, writings, statements or other communication required or permitted to be given hereunder by either of the parties to the other of them shall be given, made or communicated, as the case may be, by personally delivering the same, by telex, telegram or electronic facsimile transfer, or by registered or certified mail, first-class, postage prepaid, return receipt requested, addressed to the recipient as follows:
 
TO THE OWNER:
_____________________________________
 
_____________________________________
 
TO THE YARD:
_____________________________________
 
_____________________________________
Both parties reserve the right to change the address of service at any time, with notice in writing to the receiving party.
 
22. Governing Law and Dispute Resolution
 
This Agreement shall be construed under the laws of the State of _____________________. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by arbitration in accordance with the rules and procedures of International Arbitration Act 1974 under its jurisdiction in ________________ before a single arbitrator. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable lawyers' fees and expenses. The arbitration award shall be final, binding and non-appealable.
 
23. Successors and Assigns
 
This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, successors and assigns. Neither party may assign this Agreement without prior written consent of the other.
 
24. Assignment
 
The Yard shall not assign or transfer this Agreement or any rights or obligations under this Agreement without first obtaining written permission from the Owner.
 
25. Severability
 
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
 
26. Interpretation
 
The headings, captions, and titles in this Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter.
 
27. Advice of Legal Counsel
 
Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
 
28. Entire Agreement
 
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
 
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first written above.
 
By: _____________________________________________
       OWNER
________________________________________________
PRINTED NAME OF AUTHORISED PERSON
 
 
By: _____________________________________________
       YARD
________________________________________________
PRINTED NAME OF AUTHORISED PERSON
 
 
 
 
 
 
 
EXHIBIT A
SERVICES TO BE PROVIDED
 
The Yard shall provide the following livery services in respect of the Horse:
 
1.1   At all times, a dry stable with adequate light and ventilation; and
1.2   When required, an area of hard standing where the Horse may be groomed, shod etc; and
1.3   During the summer months, grazing at the rate of at least one acre per horse; and
1.4   During the winter months, an adequate supply of good quality hay; and
1.5   At all times, an unlimited supply of fresh, clean water; and
1.6   For at least one hour per day 25 days every month, a turnout area; and
1.7   At all times, a secure fencing to all areas used by the Horse.
 
 [Add any additional services]
 

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