This agreement is made this day of May 13, 2024, by and between BRAWLEY FARMS, hereinafter called “STABLE”, AND participant, hereinafter called “CLIENT”. 1. TERM: This agreement shall be month-to-month until either party terminates the agreement by giving written notice of intention to terminate at least thirty (30) days prior to the date of termination. CLIENT may not remove horse(s) from STABLE until all amounts due are paid in full. This agreement shall be deemed terminated and concluded upon payment of all fees outstanding. Notwithstanding the foregoing, if STABLE determines, in its sole discretion, that the (a) horse is dangerous, potentially dangerous, or presents an extreme risk to people or other horses located at STABLE, (b) owner has violated STABLE’s rules or failed to abide by safety warnings, (c) owner is hindering or otherwise interfering with STABLE’s business, or (d) owner is engaging in actions or activities that endanger owner, horse, or other person/horse located at STABLE then upon written notice this agreement shall terminate immediately and owner shall have 48 hours to pay all charges and fees due and remove horse from STABLE’s facility. 2. FEES: CLIENT acknowledges and accepts the fees set forth in the price schedule (APPENDIX A) which is hereby incorporated and made part of this agreement. STABLE may increase such fees upon thirty (30) days written notice. CLIENT agrees to pay the monthly fees in full by the 5th of every month. These charges are based on a calendar month, and, in the event the horse is delivered to STABLE in the middle of a month, CLIENT shall pay the pro rata portion of the monthly charges for the first month upon arrival of the horse to the STABLE. Additional fees for horse shows and other miscellaneous items shall be invoiced monthly as incurred and are due and payable upon receipt of the invoice. A late fee of the greater of $50.00 or 3% of the balance will be added if full payment is not received by the 10th of the month. Commencing on the 10th day of the month STABLE shall have the right to assess interest charges to the unpaid balance at the rate of 18 percent per annum (1.5 percent per month). Checks returned because of insufficient funds will be assessed a $35.00 fee. In the event that any payment is forty five (45) days past due, STABLE shall be entitled to exert a lien against said horse(s) and the CLIENT’s property upon the premises as more further described in section 13 for any amounts due, and shall be entitled to enforce said lien and foreclose its interest against said horse(s) and/or equipment for the amount due in accordance with the laws of the State of Texas. A stall security deposit of $800, payable upon execution of this agreement, shall be refunded to CLIENT within thirty (30) days of the date of completion of this agreement assuming CLIENT has paid all outstanding charges owed. No part of said deposit shall be deemed by CLIENT as board for the last month or for any particular month. It is agreed by CLIENT that STABLE is the primary sales/purchase/lease agent for said CLIENT. A 15% commission is due for the sale, purchase, or lease of any horse for CLIENT during the term of this agreement or within sixty (60) days after termination of this agreement. 3. LESSON POLICY: STABLE has established and will enforce a lesson policy (APPENDIX B), which is hereby incorporated and made part of this agreement. 4. RULES/POLICIES: STABLE has established and will enforce a set of reasonable rules (APPENDIX C), which is hereby incorporated and made part of this agreement. Failure to observe and abide by such rules will be considered a breach of this agreement and may result in immediate and permanent expulsion from STABLE with two (2) days written notice. RULES/POLICIES attached are herein made part of this agreement. 5. MEDICAL INFORMATION/RELEASE FORM: A Medical Information/Release form (APPENDIX D), which is hereby incorporated and made part of this agreement, must be completed and signed for each person who intends to handle and/or ride any horses in the STABLE program prior to engaging in such activities. 6. VACCINATIONS: CLIENT agrees to have the horse vaccinated prior to arrival. STABLE shall ensure that the horse(s) are vaccinated at regular intervals as set forth by STABLE, to protect the horse and others at STABLE from communicable diseases common in this area. 7. RELEASE OF LIABLITY: STABLE, which includes its owners, subsidiaries, affiliates, agents, servants, employees and trainers, shall not be liable for any sickness, disease, estray, theft, death or injury which may be suffered by the horse while in STABLE’s custody, nor for any loss, damage or injury arising out of or in connection with the boarding, conditioning, training or other services pursuant to this contract, or provided by contract through another party, except as required by law. CLIENT fully understands, authorizes, and assumes the special risks inherent in the conditioning, training, showing, boarding and transporting of horses, and acknowledges their understanding that mortality and other insurance is the sole responsibility of CLIENT. STABLE will not provide transportation for CLIENT horses without this agreement being fully executed. In no event shall CLIENT’s remedy exceed the amount of the fee paid for the service in question. CLIENT agrees to indemnify and hold STABLE harmless from any claim related to damages, illness, or injury caused by CLIENT’s horse(s) to anyone and to defend STABLE from any such claims. Further, CLIENT agrees to pay all expenses related to illness or injury caused by the horse(s) to anyone, to pay all monies due related to any claim by a buyer of the horse, and to pay all expenses and attorney’s fees incurred by STABLE in defending such claims. CLIENT acknowledges there are inherent risks associated with equine activities such as described below and hereby expressly assumes all risks associated with CLIENT, their minor children, and/or their guests participating in such activities. The inherent risks include, but are not limited to, the propensity of equines to behave in ways such as running, jumping, bucking, biting, kicking, shying, stumbling, rearing, falling, or stepping in a way that may result in an injury, harm, or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; 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. It is the intention of CLIENT by this instrument to exempt and relieve STABLE, its owners and any of its officers, agents, servants, employees and trainers from liability for personal injury, property damage or wrongful death caused by the negligence of any of said persons, or otherwise. 8. WAIVER OF RIGHT TO BRING ACTION: As a condition of participation, the CLIENT expressly waives the right to bring action against the STABLE, its owners, officers, agents, servants, employees, trainers, and other clients for any injury or death arising out of riding, training, grooming or riding as a passenger upon an equine or in conjunction with any equine activity conducted at or by STABLE. 9. STANDARD OF CARE: STABLE will exercise judgment consistent with ordinary standards of care and supervision of the horse. All veterinarian and farrier expenses shall be paid by CLIENT. CLIENT grants STABLE full discretion in securing veterinary or farrier services as necessary and will hold STABLE harmless for results of these services. 10. EMERGENCY CARE: STABLE agrees to attempt to contact CLIENT should STABLE feel that medical treatment is needed for said horse(s), but, if STABLE is unable to contact CLIENT, STABLE is then authorized to secure emergency veterinary and/or farrier care required for the health and well-being of said horse(s). All costs of such care incurred shall be paid by CLIENT. STABLE SHALL ASSUME THAT CLIENT DESIRES SURGICAL CARE IF RECOMMENDED BY A VETERINARIAN IN THE EVENT OF COLIC, OR OTHER LIFE-THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED IN WRITING THAT THE HORSE(S) IS/ARE NOT SURGICAL CANDIDATES. CLIENT agrees to notify STABLE of any and all change of addresses, emergency telephone numbers, itineraries, or other information reasonably necessary to contact CLIENT in the event of an emergency. In the event CLIENT departs for vacation or is otherwise unavailable, prior to departure CLIENT shall notify STABLE as to what party is authorized to make decisions on the CLIENT’s behalf with regard to the health, well-being, and/or medical treatment of the horse(s). 11. LIMITATION OF ACTIONS: Any action or claim brought by CLIENT against STABLE for breach of this contract must be brought within three (3) months of the date such claim or loss occurs. 12. CHANGES TO THIS AGREEMENT: It is agreed by CLIENT that this agreement may be changed or modified by STABLE upon thirty (30) days notice. All notices must be issued in writing. The emailing of updated price schedules and/or rules/policy documents to the email on file shall constitute notice of any and all fee changes or regulation changes as may be deemed appropriate by STABLE. 13. RIGHT OF LIEN: CLIENT is put on notice that STABLE has a right of lien as set forth by the laws of this state, for any amounts due to STABLE that are forty five (45) days past due. STABLE shall have the right, without process of law, to retain said horse(s) until the amount of said indebtedness is discharged. However, STABLE will not be obligated to retain and/or maintain the horse(s) in question. In the event STABLE exercises its lien rights as above described for non-payment, STABLE must notify CLIENT in writing setting forth the material facts of the default. Upon notice to CLIENT this agreement shall constitute a Bill of Sale and authorization to process transfer applications from any breed registration as may be applicable to said horse(s). Ten (10) days written notice shall be deemed reasonable notice of any pending foreclosure sale.
14. ATTORNEYS’ AND/OR COLLECTION FEES: Should either party breach this agreement, that party shall be responsible for all attorneys’ fees, costs and expenses related to such breach. In the event collection of this account is turned over to an attorney or collection agency, CLIENT agrees to pay all associated fees, costs, and other related expenses for which a minimum charge of $250.00 will be assessed. 15. PROPERTY IN STORAGE ON STABLE’S PREMISES: CLIENT may store certain tack and equipment on the premises of STABLE at no additional charge to CLIENT. However, STABLE shall not be responsible for the theft, loss, damage, or disappearance of any tack or equipment or other property stored at STABLE as same is stored at the CLIENT’s risk. STABLE shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment taken to horse shows or clinics. It is the intention of the STABLE that the monthly rate is fixed in contemplation that each party shall obtain his/her respective insurance protection at his/her own expense, and that each party shall look to his/her respective insurance carriers for reimbursement of any such loss. Further, the insurance carriers involved shall not be entitled to subrogation under any circumstances against any party to this agreement. 16. NO WAIVER: STABLE’s failure to require strict compliance with the conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by STABLE of such condition or right. STABLE’s acceptance of fees with knowledge of any default by CLIENT under this agreement shall not be deemed a waiver of such default, nor shall it limit STABLE’s rights with respect to that or any subsequent default. 17. SEVERABILTY: This agreement shall be enforced to the greatest extent possible consistent with applicable laws. If any provision is determined to be unenforceable, in part or whole, the remainder of the agreement shall not be affected and shall remain in full force and effect. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 18. ENTIRE AGREEMENT: This document represents the entire agreement between the parties. No other agreements, promises, or representations, verbal or implied, are included herein unless specifically stated in this written agreement. Amendments to this document must be made in writing and agreed to by both parties. Execution of this agreement is binding upon each party and their representatives, successors, heirs, and assigns. This contract is made and entered into in the State of Texas, and shall be enforced and interpreted in accordance with the laws of said state. Any legal action to enforce this agreement shall be brought into the Circuit Court of Denton County, Texas. WARNING: Under Texas Law (Chapter 87 Civil Practice Andremedies Code), 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. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first written above.
Date: May 13, 2024 APPENDIX A BRAWLEY FARMS PRICE SCHEDULE Basic Monthly Fees Competition Board and Training - $2100
A customized program for each horse and rider. This includes hay, grain, shavings, stall when not at horse shows, training, approximately 3 lessons per week, 1 school horse lesson per week when available if show horse is laid up or away, full grooming, turnout, and use of barn supplies. Stall Deposit $800
Additional Services Body Clipping $200 per service Deworming $20 each Supplements Charges based on supplements used Vet & Farrier Services Charges billed directly to customer by service provider Medication Charges based on medications administered Horse Show Shipping $1.20/mile Local Shipping Charges billed based on # of horses and time Tack Trunk/Cover $1,300 + shipping Used Tack Trunk/Cover $800 Nameplates $15 each
Commissions/Horse Sales and Leases
15% of purchase, lease, or sale price with $500 minimum · When traveling to look at sale or lease horses, customers are responsible for all of the trainer’s expenses including but not limited to airfare, hotel, car, food, etc. · When a horse is brought to Brawley Farms on a trial period, all related expenses including Board and Training, are the customer’s responsibility
Horse Show Charges
Day Care Fee $125/day · Day Care is charged daily from the date of horse’s departure until it arrives home · Exclusive trips (4 or less horses) will have a fee of $200/day Show Rides $40/day Show Supplies $100/week Groom Tip $100/week Prize Money 10% of money won by a professional in classes with a total purse of $2500 or more
Horse Show Splits
The following items & expenses are split amongst all horses present at a horse show: · All trainers and groom housing (hotel and/or camper) · Per Diems · Paddocks, Tack, Grooming, and Feed Stalls · Hay, Grain, and Shavings · Horse Show Set Up Costs · Rental Car (if needed) · Golf Carts for trainers and grooms · Sponsorship and Administration Costs (if needed) · Horse Laundry
Show Notes and Deposits · A full book of blank, signed checks must be left with Morgan Brawley prior to entries being submitted. These checks will be used to cover monthly balances after approval, Brawley show deposits, show stall/deposit fees, entries, braiding (if needed), and any other miscellaneous fees incurred at the show. Clients will be notified of check numbers, amounts, and payees when checks are used. · The Brawley show deposit is required for each horse attending the show and is non-refundable except in cases of lameness or illness prior to shipping. The deposit is due prior to entries being submitted and covers: o Round Trip Hauling o Groom Tip of $100 per show week o Trainer’s Expense Deposit of $600 · A 10% administration fee will be charged if Brawley Farms is required to pay any expenses on behalf of the client and does not have a check to use.
Notes
Monthly invoices are due and payable by the 5th of each month
Late fee is the greater of $50.00 or 3% of the outstanding amount due if full payment is not received by the 10th APPENDIX B
BRAWLEY FARMS RIDING ACADEMY POLICIES Fees Evaluation Package (2 lessons) - $150.00
Monthly Tuition, 1 lesson per week - $315.00
Monthly Tuition, 2 lessons per week - $620.00
Monthly Tuition, 3 lessons per week - $940.00 All lessons are approximately 45 minutes to 1 hour long depending on the size of the group and the intensity of the work. Lessons are billed monthly and are non-refundable. Cancellations, Makeups, and Refunds
Due to high demand for academy lessons, we do not offer cancellations, makeup lessons, or any refunds on tuition.
Inclement Weather
The concern for student, staff, and horse safety always serves as the main driver when inclement weather decisions are made, and we always strive to err on the side of caution.
We know that when we alter the academy day, it has a significant impact on families. When there is no significant safety concern in getting to the barn, we want to make sure that our riders are advancing their skills and attending their lessons. This is the balance we constantly weigh when making barn closure decisions.
In addition to our own experience, we try to mimic our local school district, Lewisville ISD, in regards to whether it is safe for riders to travel to the barn. If weather permits us from riding, students will learn valuable horsemanship skills and still be hands on with the horses.
If the barn is closed, a bad weather makeup day will be offered. If students are unable to attend the makeup day, an appropriate credit will be applied towards the next month’s tuition.
Level Progress
Factors such as age, coordination, strength, frequency of lessons and attention span will impact students' advancement. Students will progress at the instructor’s discretion. Progress is best achieved through riding consistently. Riding Essentials Proper riding attire is necessary to ensure comfort and safety. Beginning riders must wear long pants and a boot with a heel. Helmets may be borrowed from Brawley Farms. Riders enrolled in a program should purchase their own helmet, paddock boots, and breeches or jodhpurs. Additionally it is requested that riders wear a collared shirt that is tucked in with a belt. The Brawley staff will be happy to recommend tack stores and equipment brands. APPENDIX C BRAWLEY FARMS RULES/POLICIES - ASTM certified helmets are required at all times when mounted
- A Medical Information/Release form must be filled out prior to riding
- No smoking on the premises
- Appropriate riding attire is required when mounted (riding boots, breeches, collared shirt, belt, and no loose jewelry)
- Dogs must be kept on a leash at all times
- Jumping is only allowed under the supervision of Brawley Farms staff
- Lessons have the right of way in arenas at all times
- All children under the age of 18 must be supervised by a responsible adult at all times
- Running in the barn and around the arena is prohibited
- Garbage and animal waste must be placed in the appropriate disposal bins
- All tack must be cleaned daily and put away properly
- Borrowing of equipment is prohibited unless approval is received from the owner prior to use
- Boarders may only ride their own horses unless permission is granted by Brawley Farms staff
- No guests are allowed to ride any horses unless permission is granted by Brawley Farms staff
- Parents are encouraged to watch their child from one of our seated viewing areas but we ask that you refrain from interacting with either the student or the instructor while they are in the arena.
- No one except for Brawley Farms staff is permitted in the stalls with horses that are not their own. Lesson clients may enter their lesson horse’s stall.
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