Sometimes birds must be boarded at another facility - whether it be at a breeders facility, a pet store or even at a friend's house. Whenever a bird is transferred to another location under a temporary boarding arrangement, a boarding agreement, spelling out each party's obligations, is important.
This Agreement is meant to be used as a guide for preparation of a legally-binding document. For legal advise on the terms, conditions and ramifications of the terms of such an agreement, you must seek formal legal counsel from an attorney of your choice.
BOARDING AND REARING AGREEMENT
1. This agreement is made between:
____________________________
"Facility"
and
____________________________
"Boarder"
2. This agreement shall cover all terms,
conditions and obligations undertaken for the boarding of the following bird(s):
___________________________________________________________________________________________________.
No other terms or conditions, whether in writing or oral, shall supersede the
terms and conditions set forth in this Boarding Agreement.
3. The boarding period covered by this Agreement shall commence on _____________ and shall end on ________________________.
4. Boarder agrees to pay Facility $_________ /day/bird for each day the bird(s) herein referenced are boarded at the Facility. Additionally, Boarder agrees that if the bird(s) are not taken on the last day of the boarding period as herein defined, Facility may keep the bird(s) until such time as Boarder pays for their boarding and other expenses, as referenced herein, in full, under the terms and conditions of this agreement. For any boarding done by Facility after the last day of the boarding period defined herein, Boarder agrees to pay Facility an additional $______ /day/bird for such "holdover" boarding.
5. Boarder agrees that if he/she fails to pick-up the bird(s) identified in this boarding agreement from Facility by _______________, the bird(s) shall become the sole and exclusive property of Facility. Notwithstanding, Boarder will still owe Facility all monies due and owing under all other terms and conditions of this agreement, and Facility may seek legal recourse in the collection of these monies owed if not paid by Boarder upon demand.
6. During the boarding period, Facility agrees to board and care for the above-referenced bird(s). Boarder understands, and specifically waives, any rights, actions or claims he/she may have against Facility regarding the care of said birds while at the Facility during this boarding period. Boarder agrees to forever hold Facility harmless for any injury, disease, death or theft of any of the birds herein referenced, regardless of whether such injury, disease, death or theft is caused by any act or omission by Facility in boarding these birds.
7. Boarder specifically gives Facility full discretion to have the bird(s) herein referenced examined or treated by an avian veterinarian of Facility's choosing if, for whatever reason, Facility deems such veterinary care to be necessary during the boarding period. Boarder agrees to fully and completely reimburse Facility for any obligations undertaken by Facility for the veterinary care and treatment of the bird(s) herein referenced during the boarding period. Boarder agrees to pay such additional bills and obligations prior to removing the bird(s) from Facility at the termination of this boarding agreement.
8. Boarder agrees to indemnify and hold harmless Facility against any and all claims, including but not limited to claims for personal injury, wrongful death, property damage or damage to animals or other losses, costs and expenses (including reasonable attorney's fees) included, which may be brought by third parties arising out of or in connection with this Agreement or the boarding and possession of the bird(s) herein referenced.
9. Death or incapacity of the Facility shall terminate this agreement and shall entitle Boarder or Boarder’s designated representative or estate to immediate possession of all birds referenced herein, after all bills and expenses as herein referenced are paid full and current.
10. If, at the sole discretion of the Facility, for whatever reason, the Facility wishes to terminate this agreement prior to its stated termination date, Facility shall notify Boarder in writing of said voluntary termination with a minimum of thirty (30) days notice prior to the termination date and the birds herein referenced shall be returned to Boarder upon such termination, after all bills and expenses as herein referenced are paid full and current.
11. It is hereby specifically acknowledged by both parties hereto that this Agreement does not create, nor is it meant to create or imply, any partnership or joint venture between the parties. The parties hereto specifically waive any and all rights that they may have under law or equity to claim or allege that a partnership or joint venture has been created by this Agreement.
12. Regardless of the circumstances under which this Agreement was negotiated, the parties hereto agree that the sole and exclusive jurisdiction for any legal action which must be filed to enforce any term or condition of this agreement shall be ___________ County, ___________. In addition to any monetary judgment so rendered under the terms and conditions of this agreement, Boarder also agrees that Facility, if a prevailing party in the litigation, shall also be entitled to recovery of all costs and attorney's fees spent by it in prosecution of the action against Boarder.
13. This Agreement has been read and understood by both parties hereto, and by executing this Agreement, the parties agree that all terms and conditions contained herein are acceptable and binding.
Dated: ________________ ____________________________
Dated: ________________ ____________________________