A Texas Equine Activity Statute;

EXHIBITS:

A—Texas Equine Activity Statute;

B—Medical Authorization for Client and or Client’s Guest & Parent/Guardian Authorization for Minors;

This Agreement is entered into on this the _____ day of ______, 20______by and between ______(“Client”) and 2 L Performance Horses LLC (“2LPH”). During the term this Agreement, 2LPH hereby agrees to allow Client use of the facilities for the specific purpose of boarding / training the following horse(s) in exchange for Client’s advanced monthly payment of Total Charges:

Horses Name: ______

Color:______

Breed:______Sex (circle):M S G Year Born:

Ailments/Illnesses (in the past 60 days):

Drug Allergies/Negative Reactions: ______

Previous Veterinarian: Vet Phone #:

2LPH’s Responsibilities

2LPH agrees to make available the following facilities and services (check all that apply):

 _____ Number of stalls

 Twice per day, 2LPH will have stalled horses fed grain and  grass hay  alfalfa hay

 2LPH will ensure horse stalls are cleaned regularly

 2LPH will ensure that the horse is shod / trimmed approximately every four weeks at the expense of the Client

 2LPH will ensure that provided supplements are included in horse’s feeding schedule

 2LPH will provide adequate lights and blanket service

Client’s Responsibilities

Client agrees to supply the following:

Tack, Blankets and Sheets (if desired), Fly Spray (if desired), Halter and Lead Shank, Fan, Supplements

Written proof of current Negative Coggins on each horse—no older than twelve (12) months

Written proof of annual vaccinations on each horse—Rhino, VEWT and Influenza

Copies of horse(s)’ registration papers

Insurance on each horse and rider (including guests or visitors) and horse trailer parked and/or vehicle at the facility

Helmet for any minor rider

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Boarding and Training Charges (“Total Charges”)Additional Show Expenses:

Standard Monthly Boarding: $600.00Banding- $40.00

Standard Monthly Training: $500.00 Day Fees:

Monthly Training- Stallion: $550.00 Non showing day- $30.00

Farrier- fees vary based on individual Showing days- $50.00

Mileage- $0.75/ per mile hauls under 400 miles Nationals and World Shows

Flat fee rate- $2750

$.70/ per mile on hauls over 400 miles

Futurity winnings will be split between owner and exhibitor after the entry fee is subtracted from the total amount earned.

For weekend shows, additional Show expenses also include the Tack Stalls and expenses of Trainer (motel and food) which will be divided equally by the number of horses at the show. Day Fees are charged from day of travel to the show through the day of travel home from the show. Stalls, Bedding, and entries expenses are the sole responsibility of Client.

Regardless of whether invoiced, Total Charges are due on or before the 25th of each month and are payable in advance. If payment is not received by 2LPH on or before the 25th of each month, a late charge of $50 will be added to Total Charges. If payment is not received on or before the 30th day of each month, Client will be assessed an additional finance charge of 10% per month on the total unpaid balance. Written notice will be sent to the Client requesting all monies owed, following written demand, horse may be foreclosed upon as payment for unpaid care and services.

Clients removing their horses from the premises must be paid current.

General Stipulations

Client shall timely pay all Total Charges and shall be responsible for any and all damages caused by or as a result of Client’s actions, Client’s Guests and/or Client’s horse(s).

Client will not bring minor Guests on the Ranch property without the written authorization and release (see Exhibit B) executed by minor’s parent or guardian. Client will present 2LPH with Parent/Guardian’s Executed Release in advance of visit. Client will supervise Minor Guests at all times. ALL MINORS are required to wear protective helmets at all times when riding.

Client agrees to adhere to any and all 2LPH Ranch Policies as identified on Exhibit C. These are subject to change.

Breach of Contract by Client

Should Client fail to pay 2LPH the Total Charges timely, 2LPH shall have an automatic Stable Keeper’s lien on the horse(s) boarded and / or trained in accordance with Section 70.003 and 70.005 of the Texas Property Code. In the event Client fails to pay Total Charges in full timely, Client expressly authorizes 2LPH to keep and sell any and all of Client’s horses in 2LPH’s possession in order to pay said Total Charges. On written demand, Client also agrees to immediately deliver any and all Registration papers (including a signed and notarized Transfer Authorization) to facilitate transfer. Should Client fail to pay 2LPH within fifteen days of written demand from 2LPH, Client shall willingly sign transfer papers

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transferring all horse(s) over to 2LPH. In the case of breach of this agreement, Client agrees to pay 2LPH $30.00 per day in liquid damages with interest at a rate of eighteen percent (18%) per annum. In the event that 2LPH makes written demand for funds due under this Agreement, 2LPH shall be entitled to recover attorneys’ fees and costs of court.

Miscellaneous

Modifications to this Agreement shall be made in writing. This Agreement shall be governed by the laws of the State of Texas.

Absent the Breach of Contract provision, the remainder of this Agreement may be terminated by thirty (30) days written notice.

Client’s Release of Liability, Hold Harmless and Assumption of Risk

Client acknowledges and holds 2LPH harmless with regard to the health of Client, health of Client’s Guests and or health of Client’s horse(s). Client acknowledges and agrees that it is the sole responsibility of Client to carry full and complete insurance coverage on horse(s), personal property and Client. Client agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM CLIENT’S USE OF OR PRESENCE ON PROPERTY BELONGING TO 2LPH, Rebecca Jung, Turner Drftwood Ranch, Laura Hastie or Lisa Ligon, including, but not limited to: the risk of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses, animals of any sort or stationary objects, acts of nature, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person.

Client agrees to hold 2LPH, Laura Hastie or Lisa Ligon, and all of its successors, assigns, subsidiaries, franchisees, affiliates, officers, directors, employees and agents, completely harmless and not liable and release them for all liability whatsoever. Client agrees NOT TO SUE 2LPH, including, but not limited to Laura Hastie or Lisa Ligon, on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Client’s use of or presence on property belonging to 2LPH or Laura Hastie or Lisa Ligon.

Client agrees to indemnify and defend 2LPH, Laura Hastie or Lisa Ligon, hold it harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which in any way arise from Client’s, or Client’s Guest’s, use of or presence on the property of 2LPH or Rebecca Jung or Turner Driftwood Ranch.

Equine Medical Authorization and Hold Harmless

Client hereby authorizes 2LPH to administer first aid, including but not limited to: simple inoculations, topical dressings and emergency care of any degree as deemed needed in 2LPH’s sole discretion.

Client authorizes 2LPH, and or 2LPH’s agents, to contact a Veterinarian as deemed necessary in 2LPH’s sole discretion. 2LPH may contact the Veterinarian of 2LPH’s choice.

Client specifically authorizes 2LPH and or 2LPH’s agents, to request, instruct, direct Veterinarian and to ultimately authorize any and all emergency medical aid 2LPH deems, in his sole discretion, necessary for horse(s). In the event the Veterinarian indicates that the horse should be euthanized, the Client authorizes the 2LPH to make the determination and authorizes Veterinarian to follow 2LPH’s instruction. 2LPH and Veterinarian are hereby released

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and held harmless with regard to any decision made under this document. Client acknowledges sole responsibility for payment of any and all expenses (including, but not limited to: treatment and / or transportation expenses) resulting from 2LPH’s instruction and/or Veterinarian’s actions.

After the situation has stabilized, 2LPH will promptly attempt to notify Client of horse(s) injury. Client will have the sole responsibility of notifying Client’s equine insurance underwriter. 2LPH has the express authorization of Client to release any and all information to Insurance Underwriters and or Veterinarians. This power of attorney will remain in effect until it is revoked in writing.

EXECUTED this the ______day of ______, 20______.

2LPH:Client:

______

Laura Hastie or Lisa LigonSignature of Client

Managing Members of 2 L Performance Horses LLC

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EXHIBIT A

Texas Equine Activity Statute

AN ACT relating to limiting the liability of certain persons for equine activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is amended by adding Chapter 87 to read as follows:

CHAPTER 87. LIABILITY FOR EQUINE ACTIVITIES

Sec. 87.001. DEFINITIONS.
In this chapter:

(1) "Engages in an equine activity" means riding, handling, training, driving, assisting in the medical treatment of, being a passenger on, or assisting a participant or sponsor with an equine animal. The term includes management of a show involving equine animals. The term does not include being a spectator at an equine activity unless the spectator is in an unauthorized area and in immediate proximity to the equine activity.

(2) "Equine animal" means a horse, pony, mule, donkey, or hinny.

(3) "Equine activity" means:

(A) an equine animal show, fair, competition, performance, or parade that involves any breed of equine animal and any equine discipline, including dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, driving, pulling, cutting, polo, steeple chasing, English and Western performance riding, endurance trail riding and Western games, and hunting;

(B) equine training or teaching activities;

(C) boarding equine animals;

(D) riding, inspecting, or evaluating an equine animal belonging to another, without regard to whether the owner receives monetary consideration or other thing of value for the use of the equine animal or permits a prospective purchaser of the equine animal to ride, inspect, or evaluate the equine animal;

(E) informal equine activity, including a ride, trip, or hunt that is sponsored by an equine activity sponsor;

(F) placing or replacing horseshoes on an equine animal; or

(G) without regard to whether the participants are compensated, rodeos and single event competitions, including team roping, calf roping, and single steer roping.

(4) "Equine activity sponsor" means:

(A) a person or group who sponsors, organizes, or provides the facilities for an equine activity, including equine facilities for a pony club, 4-H club, hunt club, riding club, therapeutic riding program, or high school or college class, program, or activity, without regard to whether the person operates for profit; or

(B) an operator of, instructor at, or promoter for equine facilities, including a stable, clubhouse, pony ride string, fair, or arena at which an equine activity is held.

(5) "Equine professional" means a person engaged for compensation:

(A) to instruct a participant or rent to a participant an equine animal for the purpose of riding, driving, or being a passenger on the equine animal; or

(B) to rent equipment or tack to a participant.

(6) "Participant" means a person who engages in an equine activity, without regard to whether the person is an amateur or professional or whether the person pays for the activity or participates in the activity for free.

Sec. 87.002. APPLICABILITY OF CHAPTER.
This chapter does not apply to an activity regulated by the Texas Racing Commission.

Sec. 87.003. LIMITATION ON LIABILITY.
Except as provided by Section 87.004, any person, including an equine activity sponsor or an equine professional, is not liable for property damage or damages arising from the personal injury or death of a participant if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of equine activity, including:

(1) the propensity of an equine animal to behave in ways that may result in personal injury or death to a person on or around it;

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(2) the unpredictability of an equine animal's reaction to sound, a sudden movement, or an unfamiliar object, person, or other animal;

(3) certain land conditions and hazards, including surface and subsurface conditions;

(4) a collision with another animal or an object; or

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(5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or another, including failing to maintain control over the equine animal or not acting within the participant's ability.

Sec. 87.004. EXCEPTIONS TO LIMITATION ON LIABILITY.
A person, including an equine activity sponsor or an equine professional, is liable for property damage or damages arising from the personal injury or death caused by a participant in an equine activity if:

(1) the injury or death was caused by faulty equipment or tack used in the equine activity, the person provided the equipment or tack, and the person knew or should have known that the equipment or tack was faulty;

(2) the person provided the equine animal and the person did not make a reasonable and prudent effort to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the equine animal, taking into account the participant's representations of ability;

(3) the injury or death was caused by a dangerous latent condition of land for which warning signs, written notices, or verbal warnings were not conspicuously posted or provided to the participant, and the land was owned, leased, or otherwise under the control of the person at the time of the injury or death and the person knew of the dangerous latent condition;

(4) the person committed an act or omission with willful or wanton disregard for the safety of the participant and that act or omission caused the injury; or

(5) the person intentionally caused the injury or death.

Sec. 87.005. WARNING NOTICE.
(a) An equine professional shall post and maintain a sign that contains the warning contained in Subsection (c) if the professional manages or controls a stable, corral, or arena where the professional conducts an equine activity. The professional must post the sign in a clearly visible location on or near the stable, corral, or arena.

(b) An equine professional shall include the warning contained in Subsection (c) in every written contract that the professional enters into with a participant for professional services, instruction, or the rental of equipment or tack or an equine animal. The warning must be included without regard to whether the contract involves equine activities on or off the location or site of the business of the equine professional. The warning must be clearly readable.

(c) The warning must be as follows:
WARNING

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES 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.

SECTION 2.
This Act takes effect September 1, 1995, and applies only to a cause of action accruing on or after that date. A cause of action accruing before the effective date of this Act is governed by the law in effect at the time the action accrued, and that law is continued for that purpose.

By signature below, Client acknowledges having read and understood the above Texas Statute.

EXECUTED this the ______day of ______, 20______.

______

Signature of Client

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EXHIBIT B

Medical Authorization for Client and or Client’s Guest

Parent/Guardian Release and Authorization for Minor Guests

In the event emergency aid or treatment is needed, Client authorizes 2LPH, 2LPH’s agent or 2LPH or 2LPH’s agent to:

1 Call “911” in the event of injury to Client or Client’s guest;

2 Drive or have Client or Client’s guest driven to the hospital;

3 Direct Doctor, Hospital and/or EMS to administer any and all emergency medical aid 2LPH or 2LPH deems, in their sole discretion, necessary for Client and / or Client’s guest and / or Minor;

4 Advise Hospital, Doctor or EMS of the following pertinent allergies and/or medical conditions:______

Parent/Guardian agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM MINOR’S USE OF OR PRESENCE ON 2LPH’S PROPERTY AND FACILITIES, including, but not limited to: the risk of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses, animals of any sort or stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person.

Parent/Guardian agrees to hold 2LPH, and all of its successors, assigns, subsidiaries, franchisees, affiliates, officers, directors, employees and agents completely harmless and not liable and release them for all liability whatsoever. Parent/Guardian agrees NOT TO SUE 2LPH on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Minor’s use of or presence on 2LPH’s property and facilities, including, but not limited to, those based on: death, bodily injury, property damage, including consequential damages (unless the damages are caused by the direct, willful and wanton negligence of the 2LPH).

Parent/Guardian acknowledges that horses can be dangerous and minors should not participate in this dangerous sport unsupervised. It is a requirement of 2LPH that all minor Guests wear protective helmets at all times when riding.

Parent/Guardian acknowledges having read and reviewed the Texas Equine Statute (see Exhibit A).

______

ClientParent / Guardian

Printed name:

Phone Number:

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Contact Information

Customer Name:______

Billing address:______

______

Phone :______

Alternate phone:______

Email Address:______

Emergency Contact:______

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