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KENTUCKY EQUESTRIAN CENTER 109 North Mill Street Lexington, Kentucky 40507 RENTAL AGREEMENT This agreement is made and entered into on the ___ day of _____, 200__ by and between the Kentucky Equestrian Center, 109 North Mill Street, Lexington Kentucky 40507 “Landlord” and ___________________________ of [street]___________________, [city] ________________, [state]________ [zip] _______ “Renter”. 1. The Renter is hereby renting the Kentucky Equestrian Center, located at 850 Kiddville Road, Winchester, Kentucky, subject to the terms of this Agreement, for the purpose of participating in one or more of the following activities: Dressage, Combined Training, Hunter/Jumper, Cross Country Trail Course, Stadium Obstacle Course, Rail Classes, Driving Event, Eventing, Clinics and Educational Events. 2. The period of this rental is ______________________, which includes _____ days for set up and strike. 3. The Renter acknowledges the inherent risk involved with its event in riding and working around horses, such risks include, but are not limited to (i) bodily injury from using, riding, or being in close proximity to horses, (ii) injury to both riders and horses in normal use or in competition and schooling, (iii) the propensity of a horse to behave in dangerous ways which may result in injury to persons, rider, trainer, groom or handler (iv) the inability to predict a horse's reaction to sound, movements, objects, persons or animals, (v) hazards of surface or subsurface conditions and riding over unknown terrain where hazards may be hidden by vegetation or other conditions, (vi) collisions with other animals or objects, and (vii) the potential of a participant (amateur or professional)or bystander acting in a negligent manner that may contibute in injury to the participant or others, such as failing to maintain control over the horse or not acting within the participant's ability. 4. A non refundable processing fee in the amount of $50.00 and a deposit in the amount of $_________(25% of the rental) must be submitted with the signed contract in order to hold the activity date at the Center. This deposit will be held as a security deposit and refunded at the end of the rental period if no damages are incurred or, at the Renter's choice, the deposit may be applied to the balance of the rental charge. 5. In consideration of this rental, the Renter agrees to pay the Landlord for the services/use of the facility as indicated on the Master Charges sheet submitted with this contract and made a part of the contract herewith. Firfty per cent (50%) of the total remaining charges shall be paid ten (10) days prior to the beginning of the event and the balance to be paid within ten (10) working days following the event. If the balance of the rental fee is not paid within 10 working days following the event, a 2% late fee will be charge for each thirty days after due date. 6.Either party may cancel this contract with the following provisions. Cancellation by Renter less then 180 days prior to the scheduled date will result in forteiture of the deposit to the Kentucky Equestrian Center. If the reserved date can be booked for another comparable event, the concellation penalty will be waived and teh deposit returned. Renter shall receive a full refund of the deposit upon cancellation by Landlord. 7. There will be an additional charge, billed at $10.00/hr/person, for the use of Center staff to se up or tear down obstacles, tents, portable stalls or other structures requested th Renter. 8. There will be a one time per event environmental charge of $4.00 per stall. 9. All exhibitors are subject to the Fire Marshall's Regulations. 10. The hanging of any type of signage or display must be approved by the Landloard prior to it's hanging. 11. Adhesive backed (stick-on) decals or advertisements may not be used without the approval of the Landlord. No items may be stapled on ay surface on the grounds except on the designated staple strip on the stall doors and/or the message board(s). A fine of $5 per exhibitor incident will be assessed against the security deposit for violations. 12. No holes may be drilled on any building or structure. 13. VEHICLES MAY BE PARKED ONLY IN DESIGNATED AREAS. Vehicles may not be parked in front of any horse barn except to unload animals or supplies. Vehicles may not be parked in any Fire Lane or in front of the waste containers. Vehicles violating this rule are subject to being towed. Golf carts and ATVs may be parked in approved areas. 14. No group or individual may sell any items on the property without the prior approval of the Landlord and/or the Renter.
15. Insurance and Indemnification: To the fullest extent permitted by law, Renter shall indemnify, defend and hold harmless the Kentucky Equestrian Foundation, it's board of directors, the Ketucky Equestrian Center management, contractors and laborers, from and against any and all claims for bodily injury, death or damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorney’s fees and costs, and consultant’s fees and costs) including claims which arise or are in any way connected with the event held at the Kentucky Equestrian Center. 16. Each Renter shall, at its sole cost and expense, obtain and keep in force from the beginning date of the contract until termination of the contract, a commercial general liability insurance contract with limits of no less than $1,000,000 each occurrence or $2,000,000 aggregate. The insurance required under this paragraph shall cover, without limitation, all claims for personal injury (including death) as well as claims for property or other damage which may arise from or relate to the event, whether such injury or damage was due, in whole or in part, from the negligence of the Landlord, its respective employees, guests, agents or subcontractors. Coverage shall include premises, products and completed operations, personal injury and contractual liability and shall name the Landlord as additional insured thereunder. 17. A signed Release/Waiver is to accompany this contract at time of execution. A CERTIFICATE OF INSURANCE NAMING THE KENTUCKY EQUESTRIAN REALTY LLC AS ADDITIONAL INSURED SHALL EVIDENCE THIS COVERAGE. CERTIFICATES OF INSURANCE MUST BE RECEIVED BEFORE ANY ACCESS TO THE PROPERTY IS PROVIDED. NO EXCEPTIONS TO THIS REQUIREMENT WILL BE GRANTED. WARNING: Under Kentucky law, an equine activity sponsor or equine professional is not liable to an injury to or the death of a participant in equines activities resulting exclusively from the inherent risks of equine activities. LANDLORD: KENTUCKY EQUESTRIAN CENTER [print] By:________________________________________ Date:______________________________ RENTER: (Organization)__________________________________________________________ By:________________________________________ Date:____________________________
Revised 08/2009 |