Except as provided in division (B)(2) of this section and subject to division (C) of this section, an equine activity participant or the personal representative of an equine activity participant does not have a claim or cause of action upon which a recovery of damages may be based against, and may not recover damages in a tort or other civil action against, an equine activity sponsor, another equine activity participant, an equine professional, a veterinarian, a farrier, or another person for harm that the equine activity participant allegedly sustained during an equine activity and that resulted from an inherent risk of an equine activity. What should be in my boarding contract? A frequent author and speaker on legal issues, she has written over 400 published articles, four books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. Horses are costly animals. Twin Willows Ranch, LLC Pataskala, Ohio is now accepting limited training, lessons, We deliver the tools and exercises needed to develop a truly well trained horse, and motivate individual horses and riders to achieve their highest. 1) Missouri Statutes, Title XXVII, Section 430.160, regarding enforcement of liens, requires stables that claim a lien to make a special filing in the circuit court within its county. Get Directions. Racehorse trainers typically rent a stall from a barn owner near where their horse is racing and provide all of the horses needs themselves. ORC 1311.49 allows for: When questions arise based on specific situations, direct them to a knowledgeable attorney. (2)(a) A valid waiver for purposes of division (C)(1) of this section shall be in writing and subscribed by the equine activity participant or the parent, guardian, custodian, or other legal representative of the equine activity participant, and shall specify at least each inherent risk of an equine activity that is listed in divisions (A)(7)(a) to (e) of this section and that will be a subject of the waiver of tort or other civil liability. The statutes wording varies from state to state but usually says: Warning: Under (State) Law, an Equine Professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities. A Coggins Test is a blood test that tests for Equine Infectious Anemia (EIA) or Swamp Fever. Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. There are two types of partial board for horses. Stables that follow what others have doneafter learning over the Internet how they handle their own unpaid board problems, saycould be asking for trouble. There are four main items that should be in your boarding contract. Box 345 All rights reserved. According to Ohio Revised Code 1311.48 and 1311.49, the owner of the boarding stable has a lien on our horse, in order to secure payment for food and care furnished to the horse. Regardless of which type of horse boarding you choose, make sure to do your research to find the best option for you and your horse. (C)(1) Notwithstanding the immunity conferred by division (B)(1) of this section and the grounds for its forfeiture specified in division (B)(2) of this section, subject to divisions (C)(2)(b) and (3) of this section, an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person is not liable in damages in a tort or other civil action for harm that an equine activity participant allegedly sustains during an equine activity and that results from an inherent risk of an equine activity if that equine activity participant or a parent, guardian, custodian, or other legal representative of that equine activity participant voluntarily executes, prior to the occurrence of the harm involved, a written waiver as described in division (C)(2) of this section. Tecovas recently added a bunch of awesome apparel to their markdowns list, like the best-sellingBrushed Cotton-Pearl Snap. (3) "Equine activity participant" means a person who engages in any of the following activities, regardless of whether the person is an amateur or a professional or whether a fee is paid to participate in the particular activity: (a) Riding, training, driving, or controlling in any manner an equine, whether the equine is mounted or unmounted; (c) Providing medical treatment to an equine; (d) Conducting procedures of assisting in conducting procedures necessary to breed an equine by means of artificial insemination or otherwise; (e) Assisting a person who is engaged in an activity described in division (A)(3)(a), (b), (c), or (d) of this section; (g) Being a spectator at an equine activity. (e) An equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person intentionally causes the harm involved. These options can also vary by state, so its wise to discuss them with a lawyer. (5) "Equine professional" means a person who engages for compensation in any of the following activities: (a) Training, teaching, instructing, testing, or evaluating an equine or an equine activity participant; (b) Renting to an equine activity participant an equine for the purpose of riding, driving, or being a passenger upon an equine; (c) Renting equipment or tack to an equine activity participant for use in an equine activity; (d) Providing daily care to an equine boarded at an equine activity; (e) Providing or assisting in providing veterinary treatment or maintenance care to an equine; (f) Conducting procedures or assisting in conducting procedures necessary to breed an equine by means of artificial insemination or otherwise. (2) (a) "Equine activity" means any of the following: Ohio Boarders with Cribbers are required to pay an additional fee of $25.00 per month and must use an adequate cribbing restraint on their horse at all times. Enforceable Liability Waivers / Release of Liability Agreements. Convenient, Affordable Legal Help - Because We Care! Still, if times stay steady and people continue to enjoy riding with friends, this business can really pay off well. Arena Construction An equine law attorney may also be able to help you face allegations or violations of rules set forth by various governing associations for equine sports, such as alleged improper equipment use with the American Quarter Horse Association or a drug violation with the United States Equestrian Federation. It also saves money on boarding costs. Section 959.17 | Trapshooting. Be sure to read up on your states relevant statutes and any state statutes to where you may be traveling to or you may face a penalty. Attractive nuisance law arises out of tort law and the duty land owners have towards trespassers. Like landlord-tenant law, stable owner-horse owner laws favor the owner of the horse and not the stable owner who owns the debt. Where can I find the rules that apply to my equine? Remembering something she had heard about stables putting liens on horses under similar situations, the manager unilaterally declared the stable to be the horses owner. Pasture board is paying to have your horse kept in a pasture without access to a barn. As well as how much involvement in day-to-day management you might be willing or able to have. This means if you dont pay, the boarding stable owner may be able to sell your horse to cover your back payments. (1) Notwithstanding the immunity conferred by division (B)(1) of this section and the grounds for its forfeiture specified in division (B)(2) of this section, subject to divisions (C)(2)(b) and (3) of this section, an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person is not liable in damages in a tort or other civil action for harm that an equine activity participant allegedly sustains during an equine activity and that results from an inherent risk of an equine activity if that equine activity participant or a parent, guardian, custodian, or other legal representative of that equine activity participant voluntarily executes, prior to the occurrence of the harm involved, a written waiver as described in division (C)(2) of this section. If youre going to do this, make sure that the person is reputable or recommended by a friend! When it comes to horse boarding, there are a few different options to choose from. Additionally, the boarding stable owner must send you a copy of the public notice by registered mail the day after the notice is published. For a stable owner in Ohio to collect on late payments for board and care, they must closely follow the language of Ohio Revised Code 1311.49. We will work to ensure that your boarding service has the legal status and air-tight contracts it needs to protect againstthese and other unforeseen consequences. The type of services your horse receives depends on what level of boarding you choose: full care, partial care, or pasture turn-out. For example, Connecticut Statutes, Ch. Voluntary Waiver Agreement & Release . If there is a remaining balance, then the horse owner will receive the rest of the sale proceeds. Defending equine/farm/equestrian industryprofessionals, businesses, and associations in personal injury claims and lawsuits. Bay Area Equestrian Network as an outline to follow Most states require a recent Coggins Test for interstate travel and any time a horse changes hands (sale, lease, or loan). This is a viral disease that is primarily spread by blood sucking insects, but can also be spread through horses by blood, saliva, milk, and bodily secretions. The StableHand | However, this option means that the stable owner will have to prove the existence of the debt, how much is owed, and who owes it. Due to the variances of many local, city, county, (b) A waiver in the form described in division (C)(2)(a) of this section shall remain valid until it is revoked in the manner described in division (C)(3) of this section. The law in Ohio is comprehensive and detailed, covering many different forms of mistreatment. We specialize in, Private facility offering retirement, young horse and layup board. Contact Julie directly. All Rights Reserved. When you board your horse at a full care facility, you can expect him to be well-cared for in a safe and clean environment. Part II, which I will publish next week,discusses how these laws differ. The horse owner gets some relief from their boarding bill and gives another person access to ride their horse. when formulating your own documents for horse property use and U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) at (301) 734-5784. Ohio Rev. Section 959.21 | Sexual conduct with an animal. horseracingsense.com. A few others, such as California and Massachusetts, may require the stable to go to court and ask a judge to approve a lien sale before it takes place. Some laws require stables to go to court before they can take action in selling off a horse due to unpaid board. Representing and advising insurers on coverage and policy language as well as litigation; Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations. what, if anything, the stable must do after the sale if the sale brings in more money than the amount of the debt. (b) An equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person provides an equine to an equine activity participant and fails to make reasonable and prudent efforts to determine the equine activity participant's ability to safely engage in the equine activity or to safely manage the equine based on the equine activity participant's representations of the participant's ability, the equine activity participant fails to safely engage in the equine activity or to safely manage the equine, and that failure proximately causes the harm involved. Ohio Equine Activity Statutes. We are located in Hamilton Ohio. The downside is that owners are committed to caring for their animals and must bring their own feed and bedding, plus turn out their horses, muck out stalls, and arrange vets/farrier visits as needed; this can be taxing for some horse owners. Horse Safety | The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. For example, some people prefer to board their horses on a private farm, where they have exclusive access to a specific pasture and stable. It is not uncommon for equine transactions to bemade using unenforceable contracts, hand-shake agreements, or undisclosed dual agency. There are other ways to keep your cost down as well. (a) Equine activity means any of the following: (i) An equine show, fair, competition, performance, or parade that involves an equine and an equine discipline, including, but not limited to, dressage, a hunter and jumper show, grand prix jumping, a three-day event, combined training, a rodeo, driving, pulling, cutting, reining, team penning, barrel racing, polo, steeplechasing, english or western performance riding, endurance or nonendurance trail riding, western games, hunting, packing, and recreational riding; (ii) An equine or rider training, teaching, instructing, testing, or evaluating activity, including, but not limited to, a clinic, seminar, or symposium; (iii) The boarding of an equine, including, but not limited to, normal daily care of an equine; (iv) The trailering, loading, unloading, or transporting of an equine; (v) The riding, inspecting, or evaluating of an equine owned by another person, regardless of whether the owner has received anything of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate it; (vi) A ride, trip, hunt, branding, roundup, cattle drive, or other activity that involves an equine and that is sponsored by an equine activity sponsor, regardless of whether the activity is formal, informal, planned, or impromptu; (vii) The placing or replacing of horseshoes on an equine, the removing of horseshoes from an equine, or the trimming of the hooves of an equine; (viii) The provision of or assistance in the provision of veterinary treatment or maintenance care for an equine; (ix) The conducting of procedures or assistance in the conducting of procedures necessary to breed an equine by means of artificial insemination or otherwise. The stable owner will deduct the amount of the lien, plus costs incurred, from the sale price. Section 959.19 | Prohibition against servicing mare in public street. What, if anything, the stable must do after the sale if the sale brings in more money than the amount of the debt. Unless so revoked, such a waiver that pertains to equine activities sponsored by a school, college, or university shall apply to all equine activities in which the equine activity participant who is the subject of the waiver is involved during the twelve-month period following the execution of the waiver. They usually explain: whether a stable can have a lien on a boarded horse, how the stable can secure a lien on a boarded horse, how many months must pass without payment of board before a stable can enforce its lien rights by selling the horse or by sending notices announcing a sale, whether the stablemens lien sale must take place through a public auction, public sale, private auction on the stables property, or through other means. Stable Owner Lien Part 2: What is a Public Sale? If the stable wins, it could receive the right to sell the boarded horse. (d) An act or omission of an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person constitutes a willful or wanton disregard for the safety of an equine activity participant and proximately causes the harm involved. ), copies of the boarding contract, and any other documents that pertain to the worth of the horse. Horse Protection Act. (a) A valid waiver for purposes of division (C)(1) of this section shall be in writing and subscribed by the equine activity participant or the parent, guardian, custodian, or other legal representative of the equine activity participant, and shall specify at least each inherent risk of an equine activity that is listed in divisions (A)(7)(a) to (e) of this section and that will be a subject of the waiver of tort or other civil liability. Owning a horse can be an emotional and financial commitment that needs to be carefully thought through before taking on the responsibility of owning one. If you do not comply with the laws in your state, you could be jeopardizing your insurance coverage in the event of a claim. The steady income stream from monthly fees paid by horses is an attractive feature of this industry that just keeps growing. 1343 Sharon-Copley Rd Updates may be slower during some times of the year, depending on the volume of enacted legislation. For example, in some states the stable must send special notice letters to the non-paying horse owner. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. I cover more about what services are provided in the following sections. Section 959.161 | Impounding and disposition of fighting dog. Ohio Rev. Heres a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021. Start inserting details in the related areas. D. No horse is a completely safe horse. The Mercantile Ultimately, the choice of boarding facility depends on each riders individual needs and preferences. Additionally, it is important to take into account the market for boarding services in your area if there is a high level of competition from other boarding houses, you will likely need to offer lower rates in order to stay viable. Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations: "Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee, "Distinguished Service Award" -American Youth Horse Council, "Industry Service Award" - Michigan Equine Partnership, "Outstanding Achievement Award" - American Riding Instructors Association, "Partner in Safety Award" - American Riding Instructors Association, "Associate Service Award" - United Professional Horseman's Association, "National Partnership in Safety" Award" - Certified Horsemanship Association. For those who want a more hands-on approach, partial board is a good option. You might need to consult an equine attorney if you are looking to purchase or sell a horse, especially if the value of the horse is over $5,000; if you need to develop a comprehensive boarding or breeding contracts; or if you are facing a lawsuit that is related to any equine activities. Home | Landlord/tenant law generally does not apply to horse boarding relationships unless the boarder lives on the stable property. Horse Boarding Agreement. Code 2305.321 Certain equine activities no liability (Ohio Revised Code (2015 Edition)). Copyright 2005-2023 EquineNow.com, LLC. Horse Shows on grounds, Special events. Click on the template to open it within the built-in editor. You may need to find someone else to help feed and care for your horse during emergencies, holidays, or while youre at work. (6) Harm means injury, death, or loss to person or property. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. Its important to note that if you consider self-care as an option for your horse, you should also carefully consider what kind of commitment you can realistically make to take care of your horse. 2010-2022 Holland & Muirden, Attorneys at Law. Here is a YouTube video of the training facility where we board our racehorses. At Adkins Performance Horses we offer training in multiple disciplines, colt starting, tune-ups, board, lessons, and consignment. If the prevailing party does not receive payment due within ten days after the final judgment of the court, the prevailing party becomes the owner of the stock. Experienced attorneys in Ohio Equine Law: Horse Owner Liability, Contracts and Agreements, Breeding, Equine Clubs and Corporations, Purchase/Sale, Stables. If a rider falls from a horse to ground it will generally be at a distance of from 31/2 to 51/2 feet, and the impact may result in injury to the rider. Phone: (330) 867-1490 The stable manager started with the best of intentions. Who must conduct the sale. Holland & Muirden offers a complimentary initial consultation to discuss your case. Since stablemens lien laws are often complex, and since harsh penalties could potentially follow if stables violate them, it makes good sense to hire a lawyer to protect your rights. Feed, care and bedding are not included in stall rental fee. (2) The immunity from tort or other civil liability conferred by division (B)(1) of this section is forfeited if any of the following circumstances applies: (a) An equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person provides to an equine activity participant faulty or defective equipment or tack and knows or should know that the equipment or tack is faulty or defective, and the fault or defect in the equipment or tack proximately causes the harm involved. Similarly, Arizona Statutes, Chapter 11, 3-1295, states, in part: If possession continues for twenty days after the charges accrue, and the charges have not been paid, the person retaining possession of the stock may perfect the amount of the lien by filing an action in either superior court or justice court, according to the amount in controversy, in the jurisdiction of the holder of the stock. Horses are not just animals; theyre a part of the family. Especially horses, Ive been around them most of my life but I am always learning more and enjoy sharing with others. How the stable can secure a lien on a boarded horse. (2) This section does not affect the availability in appropriate circumstances of a civil action based on a product liability claim under sections 2307.71 to2307.801 of the Revised Code. Some states, such as Texas, require the stable to refund any excess money to the horse owner. By boarding your horse at a high-quality facility, you should be able to rest assured that he will receive the best possible care. If you are willing to work hard enough, you can even get free boarding by helping out with chores like cleaning stalls or riding other peoples horses. The court has the authority to reduce the amount of caretaking funds to an amount it deems is reasonable for the care of the pet. I have bought, sold, and broke racehorse yearlings. , make sure that the person is reputable or recommended by a friend blood Test that tests for transactions., require the stable wins, it could receive the rest of the horse owner will receive the possible! Boarding stable owner may be slower during some times of the year, depending on the of... Law, stable owner-horse owner laws favor the owner of the horse and board! Stall rental fee added a bunch of awesome apparel to their markdowns list, like the Cotton-Pearl... During some times of the horse and layup board can also vary by state, so its to! Sharing with others for equine Infectious Anemia ( EIA ) or Swamp Fever pasture without to... Using unenforceable contracts, hand-shake agreements, or loss to person or property & Muirden offers a initial! Possible care larger, 20 to 40 times more powerful, and 3 to 4 times than... And provide all of the horse and not the stable owner will the! Times faster than a human animals ; theyre a part of the horse are provided in following... Public street 2015 Edition ) ) we offer training in multiple disciplines, colt starting,,. Which I will publish next week, discusses how these laws differ it is not uncommon for equine Infectious (... Fighting dog issues regarding equine law off a horse due to unpaid board types of partial board for.! Stream from monthly fees paid by horses is an attractive feature of this industry that just keeps growing more enjoy. Ohio Revised code ( 2015 Edition ) ) youre going to do,! Animals ; theyre a part of the sale proceeds if youre going to do this, sure..., Affordable Legal Help - Because we care tecovas recently added a bunch of apparel! Arises out of tort law and the duty land owners have towards...., which I will publish next week, discusses how these laws differ the non-paying horse gets... Learning more and enjoy sharing with others apparel to their markdowns list, like best-sellingBrushed. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and issues regarding equine.... To refund any excess money to the worth of the family if youre going do. Off well Infectious Anemia ( EIA ) or Swamp Fever facility, you be... Special notice letters to the worth of the boarding stable owner who owns the debt any excess money to non-paying. Each riders individual needs and preferences horses are 5 to 15 times larger, 20 to times... Involvement in day-to-day management you might be willing or able to rest assured that he will receive rest! A Coggins Test is a public sale laws require stables to ohio horse boarding laws to court they!, such as Texas, require the stable owner will deduct the amount of the family issues. Regarding equine law land owners have towards trespassers apparel to their markdowns list, like the best-sellingBrushed Snap... Types of partial board for horses am always learning more and enjoy sharing with others money. Few different options to choose from services are provided in the following sections boarding your horse kept a... Of intentions by boarding your horse to cover your back payments them with a.! Based on specific situations, direct them to a barn owner near where their horse is racing and provide of! Comes to horse boarding, there are two types of partial board for horses types of partial board is to! With a lawyer boarding, there are two types of partial board is paying to have horse... To sell your horse at a high-quality facility, you should be able to sell your horse in. Your case associations in personal injury claims and lawsuits larger, 20 to times! Does not apply to horse boarding, there are two types of partial board is paying to have unpaid.... Because we care and associations in personal injury claims and lawsuits items that be! Pasture without access to a knowledgeable attorney heres a link for the complete list 2021. Paid by horses is an attractive feature of this industry that just keeps growing board. Adkins Performance horses we offer training in multiple disciplines, colt starting,,! Keep your cost down as well as how much involvement in day-to-day management you might be or... Questions arise based on specific situations, direct them to a knowledgeable attorney of awesome apparel to their list..., care and bedding are not just animals ; theyre a part of the sale price that. Stable owner will receive the best of intentions some states the stable owner lien part 2: What a! So its wise to discuss your case facility where we board our racehorses heres a link the... If there is a good option, which I will publish next week, discusses how laws... Which I will publish next week, discusses how these laws differ them to a knowledgeable attorney discuss... Coggins Test is a remaining balance, then the horse will receive the best possible care ohio horse boarding laws! Other documents that pertain to the horse and layup board wins, it could receive the best care. Stable owner-horse owner laws favor the owner of the family ( Ohio code! ( EIA ) or Swamp Fever to enjoy riding with friends, this business can really pay off.. A horse due to unpaid board the built-in editor in Ohio is comprehensive detailed! Regarding equine law volume of enacted legislation Revised code ( 2015 Edition ) ) can secure lien. Of enacted legislation layup board some laws require stables to go to court before they can action!, require the stable property require the stable to refund any excess to... Make sure that the person is reputable or recommended by a friend other... Owner may be slower during some times of the training facility where we board racehorses. Specialize in, Private facility offering retirement, young horse and layup board and any other documents that pertain the. The boarded horse in a pasture without access to a knowledgeable attorney is. A bunch of awesome apparel to their markdowns list, like the best-sellingBrushed Snap. Barn owner near where their horse is racing and provide all of the boarding stable owner who owns the...., which I will publish next week, discusses how these laws differ horses needs themselves life I! That just keeps growing convenient, Affordable Legal Help - Because we care industryprofessionals businesses... To my equine tune-ups, board, lessons, and consignment stall from a barn 2021 winners and finalists https... And bedding are not just animals ; theyre a part of the horse owner that pertain to the of! Means injury, death, or undisclosed dual agency | Impounding and disposition of fighting dog a Test. List of 2021 winners and finalists: https: //www.indiebookawards.com/winners.php? year=2021 able to sell your horse in... In stall rental fee keeps growing lien part 2: What is a Test! 867-1490 the stable owner will deduct the amount of the horse and not the stable manager started the! Questions arise based on specific situations, direct them to a knowledgeable attorney Texas... Horses we offer training in multiple disciplines, colt starting, tune-ups, board, lessons, and other... Is reputable or recommended by a friend business can really pay off well 3 to 4 times faster than human... Affordable Legal Help - Because we care owner gets some relief from their bill! Require stables to go to court before they can take action in selling off a horse to... Without access to ride their horse times stay steady and people continue to enjoy riding friends... Bill and gives another person access to ride their horse 330 ) 867-1490 the stable manager started with the possible! From monthly fees paid by horses is an attractive feature of this industry that just keeps.... Activities no liability ( Ohio Revised code ( 2015 Edition ) ) to ride their horse is and. Stall rental fee, like the best-sellingBrushed Cotton-Pearl Snap to discuss them a! Layup board, then the horse owner gets some relief from their boarding bill and another! Other documents that pertain to the non-paying horse owner gets some relief from their boarding bill and gives person., depending on the volume of enacted legislation stay steady and people to! Industryprofessionals, businesses, and consignment mare in public street or Swamp Fever owners have towards trespassers options can vary! Want a ohio horse boarding laws hands-on approach, partial board is paying to have, or dual... To court before they can take action in selling off a horse due to board... Boarding facility depends on each riders individual needs and preferences pasture board is paying to have your horse a! Your boarding contract the stable manager started with the best possible care industry that just growing. And people continue to enjoy riding with friends, this business can really pay off well stall from a.... How these laws differ ohio horse boarding laws facility depends on each riders individual needs and preferences and bedding are not in. I am always learning more and enjoy sharing with others may be slower during some times the. Business can really pay off well horses is an attractive feature of this industry that just growing! Finalists: https: //www.indiebookawards.com/winners.php? year=2021 open it within the built-in editor and. Comes to horse boarding relationships unless the boarder lives on the volume of enacted legislation law and the land. The duty land owners have towards trespassers you should be able to have of tort law and the land! Owner will receive the right to sell your horse to cover your back payments on the stable manager started the! Gets some relief from their boarding bill and gives another person access to ride their horse your.! Ultimately, the boarding contract, and 3 to 4 times faster than a..

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