This agreement is made this day of December 21, 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 seven (7) days prior to the date of termination. 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) CLIENT has violated STABLE’s rules or failed to abide by safety warnings, (b) CLIENT is hindering or otherwise interfering with STABLE’s business, or (d) CLIENT is engaging in actions or activities that endanger themselves, horses, or another person 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. 2. FEES: CLIENT acknowledges and accepts the fees set forth in the academy tuition 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 reoccurring monthly fees in full on the first day of each and every month in advance. These charges are based on a calendar month. A late fee of $50.00 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. 3. ACADEMY LESSON POLICY: STABLE has established and will enforce an academy 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. RELEASE OF LIABLITY: 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. 7. 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. 8. 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. 9. CHANGES TO THIS AGREEMENT: It is agreed by CLIENT that this agreement may be changed or modified by STABLE upon fifteen (15) days notice. All notices must be issued in writing. The posting of updated price schedules and/or rules/policy documents in a conspicuous or open place in STABLE’s office shall constitute notice of any and all fee changes or regulation changes as may be deemed appropriate by STABLE. 10. 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. 11. 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. 12. 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. 13. 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. APPENDIX A BRAWLEY FARMS RIDING ACADEMY TUITION FEES 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 - $935.00 Billing
Evaluation Package Lessons are to be paid for in advance and are non-refundable.
If a rider is enrolled in the Academy mid-month, payment through the end of the month for the number of lessons scheduled must be made upon enrollment.
Monthly tuition is 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 of each month.
Due to high demand for lessons, we do not offer cancellations, makeup lessons, or any refunds on tuition.
All tuition payments must be made electronically. APPENDIX B BRAWLEY FARMS ACADEMY LESSON POLICY Cancellations, Makeups, and Refunds
Due to high demand for 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. 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 arenas 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.
|