BERKSHIRE EQUESTRIAN CENTER
A LA CARTE STABLE / STALL / FACILITIES
RENTAL AGREEMENT
“Agreement”
The Berkshire Equestrian Center, LLC, “BEC,” is an equestrian facility for rent.
BEC includes 3 barns with up to 30 stall, two in-door arenas, outdoor arena,
turf courses for jump and endurance, tack rooms, entertaining, conference
and viewing areas plus restrooms and parking all situated on 27 acres
in The Berkshires of Western Massachusetts.
BEC is owned by Berkshire Meadow View, also a MA LLC.
This Agreement is made this day, ________________________________between ________________________________ “Owner/Boarder” and The Berkshire Equestrian Center, “BEC,” a Massachusetts LLC, and Berkshire Meadow View, LLC, “BMV,” located at 40 Perry’s Peak Road, Richmond, Berkshire County, Massachusetts, USA, all entities also referenced as “Party” or “Parties” where applicable
Whereas the Owner/Boarder wishes to stable the his/her/its horse/s and use BEC’s/BMV’s facilities, and
Whereas BEC/BMV desires to rent such stabling and other facilities to the Owner/Boarder, according to BEC’s/BMV’s “Acceptable Use” as defined below, for the time and fee as specified,
Therefore, the Owner/Boarder and BEC/BMV mutually agree to the following:
BEC & BMV have no obligation under this Agreement
for the handling, care, insuring of the Owner’s/Boarder’s horse/s;
or for the supporting feeds, gear, supplements, supplies, and services.
BEC & BMV solely provide stables, stalls, paddocks, and facilities for the Owner’s/Boarder’s use consistent with BEC’s & BMV’s
“Acceptable Use” Policy which is stated below.
(1) OWNER/BOARDER FULL INFORMATION
Owner/Boarder Name:
________________________________________________________________________
Status: [ ] Individual [ ] Company / Corporation [ ] Syndicate [ ] Agent
Address: ________________________________________________________________
City, State, Postal Code: ___________________________________________________
Country: ________________________________________________________________
Citizen Of: ______________________________________________________________
Owner/Boarder Full Information Continues To Next Page >>>
Res. Phone: _______________________Work Phone: ___________________________
Cell Phone: _______________________ Email Address: _________________________
Emergency Contact Procedure: ______________________________________________
Owner/Boarder pre-approves veterinarian recommended surgery in life threatening matters?
[ ] Yes [ ] No Owner’s/Boarder’s confirming initials: _______
Veterinarian: ____________________________________________________________
Vet’s Res. Phone: _________________ Vet’s Work Phone: ______________________
Vet’s Cell Phone: __________________ Vet’s Email Address: ___________________
If not BEC/BMV, who is to take charge in an emergency, as defined herein?
Name: __________________________ Owner’s/Boarder’s written authority on file? _
Res. Phone: ______________________ Work Phone: __________________________
Cell Phone: _______________________ Email Address: _______________________
Is the Owner/Boarder’s horse insured? [ ] Yes [ ] No
If “Yes”, insurance company: _______________________________________________
Phone: _______________________ Email: ____________________________________
Estimated value of horse/s: __________________by [ ] Purchase Price [ ] Appraisal
BEC’s/BMV’s stipulated unregistered value of the horse/s equals 1 month’s board
per boarded horse as determined in Attachment A. Also See Lien.
(2) BEC/BMV VENUES STANDARDS:
Standards: BEC/BMV offers stables, stalls, arenas, paddocks, fields, tracks, lawns, storage and event venues for rent, which BEC/BMV maintains to a nominal standard meaning that fences are of average height, stalls are of various average sizes, arenas are dragged periodically, etc.
(3) ACCEPTABLE USE
BEC/BMV rent venues which offer quality facilities for personal and business use. By its name, BEC’s/BMV’s focus is on providing a venue which is centered on horses.
Specific to this Agreement, “Acceptable Use” is the Owner’s/Boarder’s singular enjoyment of riding and relaxing in an equestrian setting. Casual guests of the Owner/Boarder are expected and welcomed, providing they comply with BEC’s/BMV’s policies. Regardless, a gathering greater than a few friends, family members, business associates, and/or horse prospects is considered an “Event” beyond the scope of this Agreement, but not beyond the purposes of BEC/BMV – namely renting their venues for other events. Therefore, Owner/Boarder Events require a separate agreement which require specific proofs of insurance, and a fee in addition to the monthly a la Carte board rates..
(4) SCOPE
The Owner/Boarder enters this Agreement for the purpose of stabling / housing / storing Owner’s/Boarder’s horse/s and horse-related property on BEC’s/BMV’s property in compliance with BEC’s/BMV’s “Acceptable Use”
The Owner/Boarder is solely responsible for the costs and efforts of all feed, hay, supplements, medicines, and treatments, plus the labor for daily feeding/watering, stall mucking, blanketing, turn-out/in, and the minimum twice weekly paddock clean-up.
The Owner/Boarder may contract a third-party, who is insured, to undertake some or all of the labor, so long as the contractor is approved by BEC/BMV and the contractor is willing to abide by all BEC/BMV policies. Therefore, if there is a problem with the Owner’s/Boarder’s contractor regarding his/her compliance with BEC’s/BMV’s rules, BEC/BMV has the right to bar his/her presence on BEC’s/BMV’s property.
The Owner/Boarder must pay in advance the monthly rent for the chosen stable, stall, and desired a la carte facilities, if chosen. See “Attachment A” -- A La Carte Pricing -- which is made a part of this Agreement.
If the Owner/Boarder’s horse/s is/are away from BEC/BMV for whatever reasons, the monthly rent remains in effect with no refund nor abatement made for the time the horse/s was/were away from BEC/BMV.
Though this Agreement is for a specific barn and stall, paddocks, their sizes, number of horse/s per paddock, fertilization, and turn-out assignments are made by BEC/BMV at its discretion. The assignments may change at anytime due fairness, grass condition, herd safety, and the Owner/Boarder’s horse’s/s’ safety. Paddock management changes are posted by BEC/BMV in the community tack room of the Main Stable. BEC/BMV does
not represent that its paddocks are a replacement/supplement for nutrition or exercise.
BEC/BMV has the right to (a) isolate an Owner’s/Boarder’s horse due to unacceptable behavior, and has the obligation to (b) quarantine the Owner/Boarder’s horse/s if the need is determined by a licensed veterinarian or directed by a government official.
This Agreement is renewable on a monthly basis starting the first of each month, with the first and last months being pro-rated, based upon a 30-day month, to accommodate mid-month arrivals / departures. There is a 30-day notice requirement pertaining to both Parties for the termination of this Agreement for convenience. See TERMINATION.
The quoted monthly fee/s may be adjusted at BEC’s/BMV’s’ discretion upon a 30-day notice. The posting of updated rate in a conspicuous place in BEC’s/BMV’s barns office shall constitute notice of any rate and/or regulation changes.
The Owner/Boarder, by self, or through insurance, will pay BEC/BMV for any damages to BEC/BMV’s property, incurred by the Owner’s/Boarder’s horse/s, beyond reasonable wear and tear. BEC/BMV reserves the right to notify Owner/Boarder if the horse, in BEC/BMV’s opinion, represents a problem for BEC’s/BMV’s establishment. In such case, Owner/Boarder shall be solely responsible for removing the horse within seven (7) days of the notice and pay for all fees incurred during the horse's presence upon the premises. This Contract shall be terminated and concluded upon the payment of all fees.
(5) HORSE/S
Description/s: Owner/Boarder agrees to submit a fully completed Owner/Boarder Information Sheet for each horse boarded upon execution of this Agreement. The terms and conditions set forth here will be applicable to each horse boarded by Owner/Boarder.
Health Record/s: The Owner/Boarder verifies that his/her horse/s is/are free from infectious, contagious, and/or transmittable diseases. Owner/Boarder agrees to provide all health care records regarding the horse to BEC/BMV prior to the horse/s’ arrival at BEC/BMV. These records include (a) a current negative Coggins Test, (b) a Veterinarian Health Certificate, and (c) a worming and immunization record. BEC/BMV has the right to refuse the horse if it is not in a proper health condition.
Horse Care: The Owner/Boarder has strict responsibility for the health care and keeping of the Owner/Boarder’s horse/s, which includes, but is not limited to keeping a health care plan(s) current.
Dismissal For Cause
Required Care: If, in the opinion of BRC &BMV, the Owner/Boarder fails to provide the required care to his/her horse/s, after providing the Owner/Boarder notice to immediately rectify the situation, BEC/BMV has the right to terminate this Agreement for cause which provides the Owner/Boarder no more than 48 hours to remove his/her horse/s.
Worming and Vaccinations: The Owner/Boarder must worm and vaccinate his/her horse/s, at his/her own expense and on a schedule that is consistent with recognized transient, public stable standards for the safety of all other horses, In the event the foregoing is not accomplished, BEC/BMV has the right, but not the obligation, to arrange for such treatment/s for which the cost will be the obligation of the Owner/Boarder. Optionally, after a discussion with the Owner/Boarder, BEC/BMV has the right to terminate this agreement for cause which provides the Owner/Boarder 48 hours to vacate BEC/BMV.
(6) EMERGENCY / VETERINARIAN CARE
If an emergency medical treatment is needed, BEC/BMV will first attempt to call the Owner/Boarder. In the event Owner/Boarder is not reached or reachable, BEC/BMV has the authority, -- granted through the Owner’s/Boarder’s permission, herein -- to secure emergency veterinarian care through the designated veterinarian, or another veterinarian if the designated one is not reachable or available. The cost for the services rendered by the veterinarian will be at the Owner’s/Boarder’s expense. Further, if extra BEC/BMV facilities are needed for recuperation, BEC/BMV will add the extra charge/s to the board.
UNLESS BEC/BMV IS INSTRUCTED OTHERWISE ON OWNER’S/BOARDER'S INFORMATION SHEET, BEC/BMV SHALL ASSUME THAT OWNER/BOARDER APPROVES SURGICAL CARE IF IT IS RECOMMENDED BY A VETERINARIAN IN THE EVENT OF COLIC, OR OTHER LIFE-THREATENING ILLNESS.
Notification of Change: Owner/Boarder must notify BEC/BMV of any change of addresses, emergency telephone numbers, itineraries, or other information reasonably necessary to contact Owner/Boarder in the event of an emergency. If the Owner/Boarder departs for vacation or is otherwise unavailable, prior to departure Owner/Boarder shall notify BEC/BMV as to what party is authorized to make decisions in the Owner/Boarder's behalf regarding the health, well being, medical treatment and /or disposal of the horse/s.
Risk of Loss: While the Owner’s/Boarder’s horse/s is stabled at BEC/BMV, BEC/BMV shall not be liable for any sickness, disease, theft, death or injury suffered by the horse/s or any other cause of action arising from or connecting to the boarding of the horse/s. All risks are assumed by the Owner/Boarder. The Owner/Boarder agrees to hold harmless BEC/BMV from any loss or injury to said horse/s. All costs, no matter how catastrophic, connected with boarding are borne by Owner/Boarder.
(7) RATES / BILLING / PAYMENTS
Rates: Current A La Carte Fees for stalls, paddocks, additional storage, and other charges are posted in the Rate Schedule. SEE ATTACHMENT A. BEC/BMV may change these fees upon serving a 30-day prior notice to the Owner/Boarder which will be sent to the Owner’s/Boarder’s email address as well as being posting on Tack Room board and on each occupied stall.
Billing: BEC/BMV does not issue monthly invoices. This Agreement to pay in advance on the first of the month for each month the Owner/Boarder horse/s is/are stabled at BEC/BMV is the sole document. Extra charges for items bought or services rendered during the month are charged at the time of the transaction unless otherwise arranged.
Payment: Owner’s/Boarder’s rent payments are due in advance, on the 1st day of each month as are other anticipated charges; such are hay, if BEC/BMV provides the same.
Payment may be made by check made to the order of Berkshire Equestrian Center, LLC, by cash, check or credit card.
Credit Card On-File: Regardless whether the Owner/Boarder chooses to pay by credit card, s/he must provide a credit card for BEC/BMV to have on file, or the Owner/Boarder may post an additional amount equal to one month’s board in lieu of a credit card.
(8) TIMELINESS / NON PAYMENT LATE FEES / BREACH / LIEN / SALE
Timeliness: If the Owner’s/Boarder’s monthly board payment, including extra charges, is not made on the first day of the month, BEC/BMV has the right to charge the Owner/Boarder’s credit card which BEC/BMV has on file. Failing the bank’s acceptance of the charge for any reason, such as insufficient funds, out-dated card, blocked card, etc, BEC/BMV will request an immediate cash payment. Optionally, BEC/BMV can apply the cash deposit to the current month’s payment. In this case, the deposit account must be replenished by the 15th of the month.
Late Fees: Failing the receipt of a cash payment by the 7th day of the month, BEC/BMV will assess in arrears an additional 7 days charge from the 1st of the month, pro-rated on a 1/30th of the monthly rent per day, and for each additional day of delinquency in addition to the the daily charge.
Non-Payment: After 14 consecutive days of delinquency, BEC/BMV will consider the Owner’s/Boarder’s status to be non-paying, and may take legal actions against the Owner/Boarder, unless there is a written mutual “catch-up” agreement between the Parties regarding the payment of this past due bill plus additional charges, if any.
Right of Lien: The Owner/Boarder is put on EXPRESS NOTICE that BEC/BMV has a right of lien as set forth in the General Laws of the Commonwealth of Massachusetts, for the rent amount due from the Owner/Boarder; and, BEC/BMV has the right, without process of law, to retain the horse/s until the amount of the indebtedness is discharged.
However, BEC/BMV is not be obligated to maintain or retain the horse/s in question if the amount of the bill exceeds the anticipated unregistered value of the horse/s which is stipulated on Page 2 to be one month’s rent. In the event BEC/BMV exercises BEC’s/BMV’s lien rights for non-payment, as above-described, this Agreement shall constitute a Bill of Sale and an authorization to process transfer applications from any breed registration as may be applicable to the horse/s upon an affidavit by BEC’s/BMV’s representative setting forth the material facts of the default and foreclosure as well as BEC’s/BMV’s compliance with foreclosure procedures as required by Massachusetts law.
(9) TERMINATION / BREACH
Termination for Convenience: Either Party may terminate this Agreement for Convenience upon 30 days written notice to the other Party which must be hand-delivered by the terminating Party to the other Party.
Termination for Cause / Breach: BEC/BMV may terminate this Agreement for cause due to The Owner’s/Boarder’s breach (disregard) for the provisions in this Agreement:
(a) Non Payment: Owner/Boarder failure to pay as defined will result in BEC’s/BMV’s placing a lien on his/her horse/s, and termination of this Agreement once BEC/BMV has perfected the state allowed steps for sale. In addition to collecting the unpaid amount, BEC/BMV will add its costs incurred in collecting the delinquent charges; attorney’s, lien, & court fees, plus expenses. BEC/BMV assess a minimum charge will be $1,000.
(b) Dereliction of Horse Care: See (5) HORSE CARE - Our Page 5 - See bottom.
(c) Unlawful Behavior: Regarding breaches against laws such as theft, assault, threats, and other legally offending behavior, BEC/BMV has the right to terminate this Agreement immediately.
(d) Obnoxious Behavior: Less offensive than unlawful behavior is continuously obnoxious behavior. SEE ATTACHMENT B Behavior becomes obnoxious when it fails to follow the BEC/BMV Policies, Stable Rules, Riding Rules, plus commonly accepted norms and courtesies. Behavior becomes continuously obnoxious when it persists after a warning. Beside his/her own behavior, Owner/Boarder is responsible for family, friends, business associates, or other visitors to BEC/BMV, hereafter ”entourage” Failing the Owner/Boarder’s ability or willingness to correct his/her own obnoxious behavior and/or to control that of the Owner/Boarder’s entourage, BEC/BMV will take charge of the offending matter and offenders with first a warning to correct their behavior, and then, if there is no cessation in their behavior, with a demand for their departure from BEC/BMV. If the offender/s refuse/s to depart, BEC/BMV will call 911; and thereafter, terminate this Agreement.
(10) INHERENT RISKS AND ASSUMPTION OF RISK
The Owner/Boarder acknowledges there are inherent risks associated with horse-related activities and expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to (a) the propensity of horses to run, buck, bite, kick, shy, stumble, rearing, fall or step-on, that may result in an injury, harm or death to persons on or around them; (b) the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; (c) certain hazards such as surface and subsurface conditions; (d) collisions with other animals; (e) the limited availability of emergency medical care; (f) and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability. The Owner/Boarder agrees to indemnify BEC & BMV of any claim of any injury to itself or entourage.
(11) RISK OF LOSS AND STANDARD OF CARE
BEC/BMV does not insure OWNER’s/BOARDER’s horse/s for boarding or other purposes, whether public liability, accidental injury, theft or equine mortality insurance, and that all risks connected with boarding or for any other reason for which the horse/s are in the possession of such as a lien , and on the premises of BEC/BMV are to be borne by the Owner/Boarder.
DURING THE TIME THAT THE HORSE/S IS/ARE AT BEC/BMV, BEC/BMV WILL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH, OR INJURY WHICH MAY BE SUFFERED BY THE HORSE/S OR BY ANY OTHER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF THE HORSE/S.
(12) HOLD HARMLESS
Owner/Boarder agrees to hold harmless BEC/BMV from any claim arising from damage, injury, or death which is caused by Owner/Boarder or the Owner’s/Boarder’s horse/s to anyone, and to defend at its expense BEC/BMV from any such claims. Notwithstanding, BEC/BMV has the right to manage its own defense through its own legal team for which the Owner’s/Boarder’s agree to pay.
Owner/Boarder agrees to disclose any hazardous or dangerous propensities of horse/s boarded with BEC/BMV.
Further, the Owner/Boarder will hold harmless BEC/BMV from any disease, illness, injury or death to his/her horse/s, self, or friend(s), relative(s), or acquaintance(s) on BEC’ property incurred by water, electricity, snow, ice, hail, fire, building structure, building structure default, wind, act of carelessness, negligence, vandalism or misjudgment, or any other act of God
(13) INSURANCE & RELEASES
If the Owner/Boarder brings to BEC/BMV outside services or professionals such as instructors, trainers, exercise riders, “Outsiders,” the Owner/Boarder must provide BEC/BMV with proof that the Outsiders are insured and that BEC/BMV must be listed on the Outsiders policy as “additionally insured.” Documentation of their being insured must be given prior to their working on BEC/BMV property. Farriers, Veterinarians, and Practitioners, who carry their own insurance, are excluded.
All family, friends, business associates etc, “entourage” of the Owner/Boarder who will be at BEC/BMV near horses, or at a horse event must each sign BEC’s/BMV’s Standard Release, ATTACHMENT D freeing BEC/BMV for their safety.
(14) IMPINGING EVENTS
Right to Use: BEC/BMV has the right hold events at its facilities for itself, or for boarders and non-boarders under a separate event agreement. These events will be posted by BEC/BMV in the community tack room or sent by email 48 hour prior to the event. Regardless, BEC’s/BMV’s notice and attempt/s to mitigate impact on Owners/Boarders, these events may negatively affect the Owners’/Boarders’ use of certain facilities on the property, i.e., arenas, paddocks, and lawns. The Owner/Boarder accepts the foregoing as a condition of renting space at BEC/BMV. Therefore, the Owner/Boarder must abide by all event restrictions and rules.
Pro-ration of Common Facilities Rent: There is no pro-ration for that portion of Owner’s/Boarder’s rent which is attributed to the non-use of common facilities as a result of events which are 36 hours or less. Over 36 hours, BEC/BMV will compensate through a rebate credited to the following month’s rent, the Owner/Boarder that portion of his/her monthly rent pro-rated on the facilities that have become unavailable.
Pro-ration of Stall Rent: Should the rare occasion arise, if ever, where it is necessary to stable outside event horses in stall/s occupied by an Owner/Border (i.e. the Lipizzaners appearance with a social events in the \Tack Room), the Owner/Boarder will be compensated 300% of the daily rental which is prorated on a 30 day month, plus be provided an other stall of adequate size on BEC’s/BMV’s with bedding and stall maintenance for the duration of displacement
(15 ) DISAMBIGUATION / SIGNAGE / MAIL / NAMING RIGHTS
OWNER/BOARDER is a tenant of BEC/BMV. Nothing in this Agreement allows for the confusion of this fact, or the confusion of ownership, association, or approval that may be perceived by a person outside this Agreement through the OWNER’S /BOARDER’S acts of commission or omission, which cause ambiguity and/or obfuscation.
Therefore, the OWNER’s/BOARDER’s use/placement (a) of his/her name, (b) of his/her logos or signs, plus (c) of his/her written or digital references in which BEC/BMV is referenced in word, photograph, website link, or otherwise must be approved by BEC/BMV which has the right (d) to refuse use/placement, or (e) to edit such use and (f) to charge a fee if approved.
Further, BEC/BMV is the registered owner, and taxpayer, of the addresses and properties at 802 State Road and 40 Perry’s Peak in Richmond MA 01254. If the Owner/Boarder, other than BEC/BMV resident/s, desires to use either of these addresses to receive mail or packages, s/he must get approval from BEC/BMV, which approval may be denied based on size, volume, content, value, or other factors. Regardless of approval, Owner’s/Boarder’s mail or parcels sent to either of the above addresses ARE NOT the responsibility of BEC/BMV to receive the same, or if received to further distribute to the Owner/Boarder. BEC/BMV may charge for the use of its address and mail-forwarding.
No signage may be placed on BEC’s/BMV’s property, structures, or interiors with express written approval by BEC/BMV. Signage consists of, but not limited to, lawn signs, signs place on structures, stalls - including the Owner’s/Boarder’s rented stall/s – trees, jumps, etc. Signage also consists of lettering and images on vehicle/s and trailer/s which are stored on BEC/BMV property which are inconsistent with BEC’s/BMV’s horse related business, i.e., a truck used in trades. Vehicles and trailers with words “Stable,” “Farm,” and “Ranch” need no approval unless the overall purpose of such lettering is less for identification, than it is for advertising. SEE ATTACHMENT A.
(18) DONATIONS / BARTER / LOANS
Any open-ended loans, Owner/Boarder improvement and/or and barter between the Parties must be in writing and signed by both Parties.
(19) RULES / POLICIES / ETIQUETTE
The Owner/Boarder must abide by all BEC/BMV Stable and Riding Rules which are incorporated into this Agreement via ATTACHMENTS B & C, respectively, and must sign a Rider Release Form, ATTACHMENT D, to use BEC’s/BMV’s riding facilities.
(20) ENFORCEABILITY OF CONTRACT
If one or more parts of this Agreement are found to be unenforceable or illegal, the other portions will remain in force and effect.
(21) ENTIRE AGREEMENT
This Agreement represents the entire understanding between the Parties. No other agreements, promises, and representations, verbal or implied, are included herein unless specifically stated in this written agreement. This Agreement is made and entered into in the Commonwealth of Massachusetts, and shall be construed and enforced in accordance with the laws of Massachusetts
The Owner/Boarder has read, understands, accepts, this Agreement and declares that s/he is capable of signing it and paying for its consideration. Where the Owner/Boarder is a minor, this Agreement must be signed by the child’s parent or guardian.
This Agreement IS NOT IN EFFECT until signed by BEC/BMV.
Signature of Owner/Boarder (or Authorized Agent)
____________________________ Date: _________________
Signature of Owner/Boarder's Parent or Guardian (if Owner/Boarder is a minor)
____________________________ Date: __________________
Address: _________________________________________
City/State/Zip: _____________________________________
Telephone: ____________ (Day) Telephone: ____________ (Evening)
Authorized Signature of BEC/BMV
_____________________________ Date: ___________________
ATTACHMENT A
Berkshire Equestrian Center
A LA CARTE, SELF-CARE, DRY BOARD
Prices & Policies Are Subject To Change
Upon A 30-Day Notice
OVERVIEW:
A La Carte, Self-Care, Dry Board, “BEC BOARD,” allows Owners/Boarders to choose from our available resource to create an affordable stay at the finest Berkshire equestrian facility. BEC BOARD provides BEC/BMV the flexibility to regulate supply and demand for our premium resources while offering lower cost options to attract new Owners/Boarders to BEC/BMV.
By creating firm payment policies and procedures, plus structuring Owner’s/Boarder’s expectations through the express presentation of BEC’s/BMV’s deliverables, BEC BOARD can cost effectively offer its resources to the satisfaction of both Parties
PAYMENTS:
BEC/BMV accepts payments for board, supplies and services in cash, personal check made out to BEC/BMV, and credit card – Visa / Master Card / Discover / American Express. Regardless whether an Owner/Boarder plans to pay by credit card, the Owner/Boarder must provide a credit card to be securely on file.
Monthly BEC BOARD payments due are made in advance on the first of every month.
Missed payments will be charged on the Owner’s/Boarder’s credit card immediately, or taken from a cash deposit which must be crated in lieu of presenting a credit card.
Payments, other than month BEC BOARD, are made by cash, check, or credit card the day of service or purchase. If the Owner/Boarder is not present to make the payment, BEC/BMV charges the Owner’s/Boarder’s credit card or deposit.
NORMAL HOURS of OPERATION:
STABLES/ARENAS: 6:00 am - 9:00 p.m. - unless there is another scheduled event
PADDOCKS: Owner’s/Boarder’s discretion during Stable Hours.
24/7 with run-ins sheds
BEC/BMV Business Office: 9:00 a.m. - 5:00 p.m. unless a scheduled appointment.
LOAD IN/OUT: Bus. hrs. preferred; Stable /Arena hrs next. Special hrs by appointment
AGREEMENT:
All boarders must sign and comply with BEC’S/BMV’s Agreement which is monthly unless otherwise determined.
RENTALS / BARNS:
Basic, A La Carte, Self-Care, Dry Board Rental includes a dry stall in the barn selected, use of the small indoor arena, and the outdoor arena plus a locker or area for equipment. One foot locker is allowed per stall rental which must be kept in the designated area for each barn. Other than blankets/halter/lead on stalls doors, no other equipment can be in any isle.
The Owner/Boarder must rent 1 Basic Self Care Dry Board Stall per horse.
Main Barn stalls are available on a seniority basis once a boarder is in either the L or Pony Barns for one month trial period, or comes recommended by a licensed trainer,
other recommendation or credentials
L Barn and Pony Barn facilities are available on a first-come first serve basis. Moves
from stall to stall within these barns or from barn to barn is on an availability… then seniority basis.
In moving, boarders must leave their existing stall and locker, if any, in an immaculate condition. Otherwise, the move will be nullified
BEC/BMV reserves the right to keep stall/s open for a future commitment/s.
BARNS & STALLS:
Only one horse per stall is allowed, except for broodmares with foal up to 5 months.
Stalls must be cleaned once every 24 hours or BEC/BMV will do it at $25 Fee. Dirty bedding is to be placed in buckets which are then placed in a nearby location, determined by BEC/BMV. Thereafter BEC/BMV will cart the dirty bedding away on an as needed basis. BEC/BMV prefers that boarders use pellets for bedding, or pellets in combination with shaving in order to reduce excess waste in its dump site.
Main Barn -- Aisle 1 & Isle 2. -- Stall size, proximity to indoor and outdoor, bathroom, lockers, upper loft for trunk, closer parking etc
Aisle 1 -- $450/month
Aisle 2 -- $400/month
L Barn -- Tack room, stall construction, sliding stall doors, storage,
One Stall -- $350/month
Add'l Stall -- $325/month (per Owner/Boarder) Does not include foaling stall.
Foal Stall -- $450 (Never discounted.)
Whole Barn -- $3000 vs. $3250 if rented by 9 individuals - Requires 1 Payer & Lease
I (Pony) Barn -- Stand- alone, no tack room, limited storage.
One Stall -- $275
Add'l Stall -- $250 (per same Owner/Boarder) Does not include foaling stall.
Foal Stall -- $375 (Never Discounted.)
Whole Barn -- $1000 vs. $1200 if rented by 4 individuals - Requires 1 Payer & Lease
BEC/BMV has developed a package price which includes a boarder’s chosen stall, a paddock without a run-in shed, and use of all facilities. The package fee is determined by adding $100 to the stall rate. Therefore a $450 / month stall will be $550 for non-exclusive use of the entire facility. Boarders with run-in paddocks have to add $60 to determine their monthly rental.
ARENAS:
Small indoor and outdoor arena $ 00 / month, non exclusive use is included in dry stall fee.
Large Indoor Arena $100 / month per stall
Other Viewing Room and Grand Prix Suite functions are extra fees managed by The Inn
Availability: 6 a.m.-9 p.m. This time is subject to interruption for other scheduled events such as clinics, shows and/or emergencies or "good neighbor" favors such as storing loaded hay wagons to protect hay from rain.
PADDOCKS:
Owner/Boarder must have a stall rental per horse to rent any paddock option.
Owner/Boarder cannot just board in a paddock.
Multiple horses may share a paddock
The following prices are for a la carte rentals
which are not a part of a package price.
Standard $ 90/month (Includes all paddocks without a run-in shed)
Run-In $150/month (Allows 24/ 7 overnights / saves shavings)
Paddocks will be allotted on a first come, first serve basis.
Size of and number of horses per paddock is ultimately determined by BEC/BMV.
We cannot divide some of our paddocks so all horses have potential shed access.
Paddocks must be picked twice (2 times) weekly, weather permitting. Optionally, if requested BEC/BMV will pick it $25 per scheduled pick (2 picks per week)
If BEC/BMV has to pick and or drag it due to not picking the paddock 2 x $50.
BLANKETING & TURN-OUT/IN:
Blanketing their horse/s is the Owner’s/Boarder’s choice and responsibility, as is the use with fly sheets and face screens.
The boarder is also responsible for turn-out and turn in. Overnights in paddocks with or without run-in shelters are okay by BEC/BMV, subject to extreme weather. However, such overnights may not be so with MSPCA regardless of the weather.
FEEDS & SUPPLIES:
As a convenience, BEC/BMV may offer hay for sale. However, there is no obligation for BEC/BMV to do so; and once it does so, there is no obligation for it to continue.
There is no picking through the hay. If Owner/Boarder is not pleased with BEC/BMV’s hay, they should buy their own.
If hay is provided by BEC/BMV, BEC/BMV charges an additional $1.00 over the actual cost for handling (buying, delivery, loading-in/out) and then an additional $.50 for administration (charging credit card, depositing check/cash etc) and income over the price of the item.
Example: BEC/BMV pays $5.00 for a bale of hay. It will cost the Owner/Boarder $6.50
$5.00 Price + $1.00 Handling + $.50 Administration (charging credit card or taking from deposit account) and Income = $6.50
EXCLUSIVE USE ARENA RENTAL FEES:
Large Indoor: $125 / Hour plus expenses for heat
Small Indoor: $ 50 / Hour
Outdoor: $100 / Hour
Clean-up during the event: If horses or other animals are involved, there must be cleanup of manure as it happens. If the renter does not have… or does not provide a person whose dedicated responsibility is to pick-up, BEC/BMV will charge $50.00 per hour to be onsite – all the time -- to perform the task.
ANCILLARY EXCLUSIVE USE ARENA EVENT FEES:
Drag Arena $80 first time... $40 per use thereafter on the same day tractor schedule
Arena Set-up
& Break-down,
that restores
the arena to
its original state. $ 50 per hour per person.
Audio System
Set-up & Breakdown $ 50 per hour per person
Equipment Rental: $ 35 per hour -- Amplifier, mics, two speakers, condenser arena system -- 2 hour minimum. Clock starts upon picking up the equipment and ends when it is put away.
Grand Prix Rental via The Inn At Richmond
Fee: The fee is $150 per hour with a two hour minimum for upstairs; $125 per hour for downstairs; or $250.00 combined for upstairs and downstairs.
This fee does not include setup and cleanup which is at a rate of $50 per person/ hour plus expenses for outside services, if any are needed such as Stanley Steaner for mud pick-up. The renter is allowed to provide his/her own clean-up so long as the effort is to BEC/BMV’s standard and overall satisfaction.
When the combined $250 rate is further combined with the arena rental of $125 / hour with 2 hour minimum, the overall rate is $350 per hour (vs the $375) – a savings of $25 / hour. There is no further discount for a two hour rental.
However, there are further discounts for half day and full day rates:
Four hour rental rate (combined rate of $350 x 4 = $1,400) is further discounted to $1,300 -- an additional $100 off or $25 / hour, for an effective rate of $325 / hour
Eight hour rental rate (combined rate of $350 x 8 = $2,800) is further discounted and additional $25 / hour off the original combined rate of $350, thus the total fee is $2,400
The Grand Prix Penthouse as our highest rental. It is costly to endure the mud and careless destruction that has occurred over the past horse shows… or in fact any arena show. For this reason, in addition to the above rates, each arena show will be further evaluated for its impact on the facility, then if necessary surcharged.
PERMANENT VEHICLE & TRAILER PARKING:
The parking of vehicle on our property is a convenience to boarders.
It has several values to them:
1) It keeps transportation close to the horses to be transported.
2) It does not take up space on their property.
3) It does not create an eye-sore in their neighborhood... or perhaps even a violation of a condo or neighborhood association by-law.
In short, there is a dollar value to the storage:
BEC/BMV Rates are based on type and length of vehicle.
Horse Trailers and other horse related non-motorized units:
$2.50/ lineal foot (tongue to back) / month
Horse Vans and other motorized vehicles related to boarders:
$3.00 / lineal foot / month
Per our Agreement, parking of vehicles which are designed and/or lettered to state
other than a stable, farm, or ranch name will be consider advertising and priced separately.
Non-horse related advertising will not be allowed.
DRIVE IN TRAINERS:
With Boarder at BEC/BMV
BEC/BMV get 60% of fee… THE TRAINER 40%. Copy of insurance liability and workers comp must be produced by the trainer.
Without a Boarder at BEC/BMV
BEC/BMV gets 60% of fee; Trainer gets 40%
There is also a $25 / lesson (up to an hour) non-exclusive use fee for the arena, field, or course.
ATTACHMENT B
Berkshire Equestrian Center
RULES FOR BOARDERS & VISITORS
The Berkshire Equestrian Center sets forth rules that must be followed by horse Owners & Boarders and their visitors to insure order, efficiency,
and the safety of all persons and horses at BEC/BMV.
We have many horses and riders sharing a compact space; and, we insist on a pleasant environment for all.
MUTUAL FIT
Rules trump chaos and clutter… both of which are not welcomed at BEC/BMV.
Therefore, to be welcomed at BEC/BMV, Owner/Boarders and visitors must follow these rules:
Remarkably, in a tarnished world, “The Golden Rule” still shines: “Do unto others as you wish them to do unto you.”
Be courteous and respectful to all other boarders’ and owners’ property, including feeds, supplements, and medicine. “Borrowing” feed or equipment without permission will surely cause BEC/BMV to serve one warning… and then a notice of termination on the second offense. Open barns, such as BEC/BMV desires, require mutual honesty and trust. Offenders are not consistent with BEC/BMV’s goals. They will be asked to leave.
Direct any question or concerns you may have regarding your horse's board arrangements to the Management.
Moaning and groaning to other Owners/Boarders will not address the issue.
If BEC/BMV cannot or will not satisfy an Owner’s /Boarder’s concern (it may be inconsistent with BEC/BMV goals, it may be unaffordable to BEC/BMV, it may be good for the requestor but impossible for BEC/BMV to provide for all other Owner/Boarders, etc,) Owner/ Boarder must accept BEC/BMV’s decision, or consider leaving. There is no rational reason for an Owner/Boarder to pay good rent to be unhappy. Likewise, there is no rational reason for BEC/BMV to tolerate an Owner’s/Boarder’s negativity because BEC’s/BMV’s goals are inconsistent with the requestor’s. The answer is simple: The Parties should politely part ways.
Regardless of the above, Owner/Boarder suggestions that are consistent with enhancing every Owner’s/Boarder’s experiences at BEC/BMV are encouraged. BEC/BMV is not inflexible. Our goal is to maximize it resources, within budgets, to provide Owner/Boarders with the best a la carte boarding experience throughout the Northeast. BEC/BMV needs your insights and cooperation to achieve our goals.
CARDINAL RULES
>>> Owners/Boarders and their visitors may not handle or feed any horse other than their own.
>>> Visitors are not allowed in stalls or paddocks without the Owners/Boarders while horses are present in them.
>>> No one can saddle another’s horse and ride it without permission.
ENTRANCE & PARKING
There are three driveways into BEC/BMV; (a) the “official” 40 Perry’s Peak entrance (the long driveway), (b) the middle entrance below it, and (c) the Inn entrance. From time to time one or two of these roads may be closed – especially in winter. Regardless the entrance…
drivers must always drive slowly – 5 mph,
all vehicles must be parked in the lot in front of the large indoor arena, and vehicles must not be parked along the roads, driveways, or in front of doors.
RELAXATION
Eating and drinking is permitted in the barns providing one completely cleans up any spills or messes. No open flames, hot plates, toaster ovens, coffee pots, or other devices are allowed to heat food. Only BEC’s/BMV’s microwave may be used to heat food. After use, wipe down the inside and outside of the microwave for cleanliness and to prevent rust.
The tack room counter is a work surface, not a storage unit. It must be kept free of all items wiped down after each use. Items left on the counters will be confiscated.
Label one’s food in the refrigerator. Uncovered food and dated food will be thrown out by BEC/BMV.
BEC/BMV and The INN are SMOKE FREE: No smoking is allowed in any building or within 50 ft. of any building. Smokers must carry their cigarette butts until they find a safe place to dump them -- namely their car ash tray. We do not need them, anywhere. Do not throw butts on the ground. Do not throw them in a waste receptacle within any building.
Except for organized events, alcoholic beverages are forbidden in the barns during business hours 9 a.m. - 5:00 p.m. A casual and responsible beverage is ok.
Indoor and outdoor lawn furniture is provided for convenience where it is placed. Do not move it. Owners/Boarders and visitors should bring their own seating and tables if they plan to sit / eat in places other than where the furniture is placed.
RESTROOM/S
The restroom in the Main Barn (and on the first floor of the Grand Prix Annex when open) is provided for your – and everyone else whose follows you – convenience. It/they must be keep immaculate. Period. If you mess it up, including the toilet, seat and rim… clean it up. If there is any question regarding the standard to which “immaculate” refers, visit the Guest Restroom at The Inn. It is checked and cleaned after every known use… and periodically throughout the day regardless of known use.
DOGS & HORSES
Owner’s/Boarders’ / Visitors’ / Farriers’ / Other Service Providers’ dog/s must be on a leash at all times, or confined in a portable kennel or vacant stall. The foregoing owners must immediately clean up after their dog’s incident wherever it occurs. Failure to do so will result in a $25 charge per incident to the boarder regardless if it was the Owner/Boarder’s animal or their visitors or attending service providers. It is understandable that Owner’s residing on the BEC/BMV have a need to exercise their dogs. Where possible, these times should be when there are few to no other people on the premises so as not to confuse in other people’s minds the leash requirement. This running-free should happen far from the stables, barns, and Inn. The former jump field and behind the paddocks by the far road are the best places to exercise the dogs.
Owner’s/Boarders’ horse/s must always be on a lead when not in stalls/paddocks.
Owner/Boarders’ must clean up their horse’s manure, if any, once they have dismounted and returned their horse to its stall or paddock.
Failure to do so will result in a $25 charge.
CONVENIENCE & EMERGENCY
When horses are in their stalls, their halters and leads should be hung neatly on the stall halter hooks. When horses are turned out, their halters and leads should be kept on the paddock gate. Adherence to these locations is important for order, convenience, should another person be called upon to handle an Owner/Boarder’s horse, AND MOST IMPORTANTLY DURING AN EMERGENCY when the Owner/Boarder is not present which leaves BEC/BMV staff, a veterinarian, or other rescue person/s to handle the horse. (BEC/BMV recommends the use of breakaway halters that can safely remain on a horse in stall and paddock.)
Do not leave your horse unattended on cross-ties.
STORAGE
Up to four blankets may be hung neatly on stall racks. Bell boots, splint boots, and leg wraps must be in baskets kept in one’s locker or trunk.
Owner/Boarders must label all equipment including halters, lead ropes, saddles, saddle pads, boots, leg wraps, blankets, grooming supplies, and supplements.
Owner/Boarder’s tack cleaning supplies, brush boxes, and all other equine supplies must be kept in the Owner/Boarder’s assigned locker. Large items should be stored in the Owner/Boarder’s tack/show foot-locker.
Tack & Show trunks are to be stored in the haylofts of the Main Stable and L-Barn. I Barn Owner/Boarders use the L-Barn.
The tack-room shelving and storage units are for BEC’s/BMV’s use.
Personal items left unattended or not locked up are the responsibility of the Owner/Boarder. If they are not put away BEC/BMV will take them.
Tack, supplies, personal property that is not labeled and/or not in its specified location will be collected by BEC/BMV and held until retrieved. Upon retrieval, a charge of $10 / item will be assessed after the first occurrence.
CLEAN-UP
Clean up after use. Put away all tack and grooming equipment after use. Wash, rinse, dry and put away any buckets, tack sponges, and/or dishes after use.
Sweep grooming stalls and/or rinse out wash stall immediately after use. This includes manure, hoof pickings, mud, and hair. Shovels and brooms are available for use.
During busy hours, be quick in the wash/groom stall so that others may use it.. Do not shampoo your horse at these busy times.
Be sure the hose is turned-off and coiled neatly after use. Sweep the drain clear
Boarders and riders are responsible for doing their own laundry. Do not leave dirty laundry lying around.
ADDITONAL RULES WE MUST LIVE BY
1. If you open it… close it.
2. If you turn it on… turn it off.
3. If you unlock it… lock it.
4. If you move it… put it back.
5. If you want to use a person’s item… get permission.
6. If you borrow it… return it.
7. If you use it… take care of it.
8. If you break it… repair it
8a. If you can’t fix it… call someone who can.
8b. If they can’t fix it… replace it
9. If you don’t know how to operate it… leave it alone.
10. If you mess it up… fess up… then clean it up.
11. If you can help someone… help them.
12. If you can brighten someone’s day… brighten it!
13. If you mind your own business… you won’t have time to mind other peoples’.
ATTACHMENT C
Berkshire Equestrian Center
GUIDELINES FOR RIDING AREAS
GENERAL:
Sometimes rules will need to be varied in order to avoid accidents.
No smoking in either in indoor or outdoor arenas.
Know the location of the nearest phone and emergency number and first aid kit
Ride in designated areas (riding ring and/or B. E. C. property roads).
Ride with safety equipment and always check tack before mounting or riding.
Always mount and dismount in the indoor or outdoor arena, do not mount in the barn.
Keep all doors or gates closed. A horse could bolt through an open door.
No loose horses in the arena while others are riding.
Spectators should stand outside the arena, not along side the track.
In any emergency, dismount horse immediately. If a rider falls off and the horse gets loose, all riders should dismount.
Be aware in stormy weather at night; electrical outages can happen which can leave you in the dark.
Be aware that if there is snow or ice on the roof it often slides down making a scary noise which may cause some horses to spook.
RIDING:
Lessons have the right of way. Riders are welcome to ride during lessons but please respect instructors’ requests.
During lessons, lunging is only to be done by instructors or by special permission.
Mount and dismount out of the way of other riders.
In general, pass left shoulder to left shoulder or be generous with the right-of-way.
Keep at least a horse length between you and the horse in front of you.
Slower riders should ride on the inside track including those doing schooling such as lateral work etc…
Riders working at a faster pace such as a lope or canter should stay on the outside track.
Circles stay to the inside so that there is enough room around them for other horses to pass.
Voice commands, kissing, smooching to cue your horse should be done quietly and away from other horses
If you need a specific track or space to perform a movement or exercise, you must call it so that others can yield.
Walking or resting horses must yield to working horses, but should generally stay off the track.
Pay attention to what is going around you as well as to your own horse.
Tell the other riders what you plan to do: "passing on your left", "jumping fence 3", "leaving arena", and "entering arena".
Riders under 18 years of age must have adult present.
NO JUMPING unless given special permission or in a lesson.
Advanced and more competent riders should always give way to the less advanced riders.
Do NOT water the ring without permission.
Clean up the arena after use. Clear out manure, put away jumps, trotting poles or pylons. Leave it the way you found it… or better.
ATTACHMENT D
Berkshire Equestrian Center
RELEASE FOR HORSE RIDERS & SPECTATOR
This form must be signed by or for each person.
SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY.
THE BERKSHIRE EQUESTRIAN CENTER DOES NOT GUARANTEE YOUR SAFETY.
PLEASE READ CAREFULLY BEFORE SIGNING
In consideration for participating in the Berkshire Equestrian Center, LLC horse back riding and/or any lesson program, or participating as a spectator
1. I hereby RELEASE, WAIVE, DISCHARGE AND AGREE TO HOLD HARMLESS Berkshire Equestrian Center, LLC, Berkshire Meadow View, LLC its members or Employees, etc. and Carl M. Dunham, Jr., Owner/Boarder, (hereinafter referred to as “RELEASEES”), from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the RELEASEES, or otherwise, while participating in such activity, or while in, on, or upon the premises of Berkshire Equestrian Center, LLC.
2. I am fully aware of the risks and hazards connected with the activity of horse back riding, the risk of which include but are not limited to, injuries, death or property damage from: mounting, riding, dismounting, walking, grooming, feeding, use of horse, barn, paddock, trails or horse ring, in any capacity; falling off horse whether horse is bucking, flipping, spooked; or my failure to understand any equine professional’s directions relating to my riding or otherwise use and control, or lack thereof, of my horse or the horse I have been assigned to, or interactions with other horses. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or others.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed, no oral representations, statement or inducements, apart from the foregoing written agreement have been made; I am at least eighteen (18) years of age (If minor, parent or person representing himself/herself to be the lawful Guardian must sign), and I am fully competent. I further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts.
Name: ___________________________________ Age: _________
ATTACHMENT E
LINKING / NO ENDORSEMENT
Internet website links allow visitors to BEC’s/BMV’s website to move internally from webpage to webpage and externally from BEC’S/BMV’s website to another website. Cross Linking is the above arrangement where the sited linked to, also has a link back to BEC’s/BMV’s site. Deep Linking bypasses the homepage or a major entry point of a website and directly links to a page or document within the site. Nested Linking exists where the website linked to has links to other sites.
BEC/BMV views all website linking as a service that can benefit Owners/Boarders and other website visitors. BEC’s/BMV’s intent in linking is to provide accurate information that is consistent with its goals and purposes… and to provide useful and resourceful information that reflects positively on itself and Owners/Boarders.
Regardless, BEC’s/BMV’s linking to any site is not necessarily an endorsement of the site’s owner or of the site content, because BEC/BMV may not be capable of creating or changing the content of any linked or nested site.
BEC/BMV links to other websites at its sole discretion and on its terms. However, BEC/BMV does evaluate requests/suggestions for links from Owners/Boarders and other people or entities, if the content is consistent with BEC’s/BMV’s goals and purposes. Requests to have a link included should be made directly to BEC/BMV management by telephone to facilitate a conversation regarding the nature of the desired link.
BEC’s/BMV’s external linking to other website will be clearly stated: “By clicking on this link, you (the visitor) will be leaving the BEC’s/BMV’s website.”
Name: ___________________________________ Age: _________
ATTACHMENT F
SECURITY CAMERAS
Scope: BEC/BMV intends to install and operate electronic surveillance and video cameras, “systems.” on the property to view, record, and archive captured images of the property, structures, and stalls, within the laws concerning privacy (i.e. public bathrooms, private residences, guest rooms). These systems will be installed for a number of reasons including safety, security, and BEC’s/BMV’s operational effectiveness and convenience.
Limitations: BEC/BMV does not intend to actively monitor the systems most of the time, though it will continuously digitally record them for a short-term retention Therefore, Owners/Boarders should not rely on these systems for at-the-moment safety. These systems are not meant to replace personal safety practices, such as not riding alone when there is no one else to assist. Further, Owner/Boarder should also be aware that the video surveillance systems may cover only a small fraction of BEC’s/BMV’s total acreage; and that even when coverage exists, it may not provide the level of detail necessary to identify dangers.
The Owner/Boarder consents to such video surveillance to the extent BEC/BMV may choose to install and operate the systems.