Boarder s Contact Information: Name: Phone Number(s): Sex: Social Security Number:

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1 Killingsworth Arena LLC P.O. Box 1903 Alpine, Texas phone(432) Equine Boarding Agreement & Release of Liability This Equine Boarding Agreement is being entered into by and between the Boarder (Your Name). and Killingsworth Arena LLC Located at 5006 Ted Street, Alpine, Texas this day of, 20. Boarder s Contact Information: Name: Address: Date of Birth: Phone Number(s): Sex: Social Security Number: Emergency Contact and Phone Number(s): 1. Term: The term of this agreement shall be for (days/months) at $10.00/day or $30.00/month, commencing on the date set forth above, and shall renew automatically for successive periods thereafter unless canceled within 30 days by written notice from either party. The participating parties mutually agree to the following terms and conditions: 2. Boarding Fee: A $30.00 board fee for each rented stall is due on the 1 st day of each month. Checks need to be made out to: Killingworth Arena LLC. All payments need to be placed in the Drop Box at the barn. If for some reason you cannot use the drop box, payment needs to be mailed to P.O. Box 1903, Alpine, Texas Payment received after the 5 th of the month will be subject to a $10.00 late fee for each rented stall, plus $10.00 in late fees for each rented stall for each additional day thereafter on which board remains unpaid. There will be a $25.00 charge for each returned check. Boarder is responsible for monthly upkeep of stall. If upkeep of stall is not fulfilled by Boarder, Killingsworth Arena LLC reserves the right to terminate this agreement. Killingsworth Arena LLC has the right to increase the monthly charges per stall by giving a 30 day written notice to the Boarder, which shall be delivered by standard U.S. Mail to Boarder at the address shown above. This agreement shall remain in effect from month-to-month from the effective date of this agreement. A 30 day written notice is required to terminate this agreement. 3. Identification of Horse(s): Boarder s horse(s) to be boarded at Killingsworth Arena LLC. a. Horse Name: b. Horse Name: c. Horse Name: d. Horse Name: e. Horse Name:

2 4. Ownership of/authority over Horse(s): Boarder represents and warrants that they are the owner of record of horse(s), or that they have express authority from the owner of record to enter into this agreement and to board horse at Killingsworth Arena LLC. If Border is not the owner of record of horse(s), Boarder nonetheless agrees to be fully bound by the terms of this agreement, and liable for all sums hereunder. 5. Services Provided: Killingsworth Arena LLC is not a full care boarding facility. A single stall will be provided to each boarded horse. Boarder is responsible for cleaning stall(s) monthly. Boarder will have full access to the arena(s) unless there is a sanctioned event taking place in/around those arenas. Notices on sanctioned events will be posted on site. 6. Limitations/Prohibited Activities: a. Boarder is prohibited to enter/drive/ride in/around barns and rental buildings/rvs. These are private premises for business and rentals. b. Cattle are not to be used by Boarder/Rider nor their guests/agents/authorized users unless direct permission is given by owner of cattle. c. Arena lights are not to be turned on unless permission is given by Killingsworth Arena LLC. d. Horse(s)/Animal(s) are not to be turned out in arena(s) or pasture for any reason. e. Feed/Hay/Tack is to be stored in Boarder s trailer or off site at Boarder s expense. Killingsworth Arena LLC and owners are not responsible for stolen property. It is the Boarder s responsibility to keep up with personal items. The Boarder is hereby warned that while on Killingsworth Arena LLC s premises, direct loss, damage, theft, or injury to Boarder s horse(s), tack, equipment, trailer, and other personal property is not covered by Killingsworth Arena LLC s or owners insurance. The party who has the financial interest in and/or owns such items has the responsibility to insure the items under his/her own insurance policies. f. Neither Boarder nor their guests/agents are allowed to interact with any other horse that is not under Boarder s care without permission of horse owner or Killingsworth Arena LLC. 7. Right of Termination: Killingsworth Arena LLC may terminate this agreement to board any horse(s) for any reasons which may include, but are not limited to: animal s poor health or unsoundness; dangerous propensities, habits and/or vices which Killingsworth Arena LLC is not equipped to handle; Boarder s refusal to obey Killingsworth Arena LLC s rules or to cooperate with Killingsworth Arena LLC on reasonable requests relative to the management, welfare and safety of animals and people on premises; and in the event of the discontinuation of the business of boarding of horses. 30 days written notice will be given for termination, except where the health or safety of others is at risk. Failure to pay fees or other charges as due shall entitle Killingsworth Arena LLC to immediately terminate this agreement and to keep the animal in Killingsworth Arena LLC s possession until all fees and charges are paid in full. Killingsworth Arena LLC reserves the right to immediately terminate this agreement in the event that a horse or horse/rider combination is dangerous. Upon 30 days written notice to Killingsworth Arena LLC, the Boarder also may terminate this agreement for any reason. Killingsworth Arena LLC shall be paid for all fees incurred up to the termination date and prior to the removal of the horse(s). If Boarder refuses to remove the horse, Killingsworth Arena LLC will do so at the Boarder s expense. 8. Horse Health Warranty: The horse(s) to be boarded shall enter the premises free from transmissible diseases. Horse(s) must be effectively wormed and vaccinated. A Current Negative Coggins Certificate will be required to be on file with Killingsworth Arena LLC at all times for each horse boarded. 9. Veterinary Care: Boarder agrees and understands that it is Boarder s responsibility to provide horse(s) with proper veterinary care and services. Boarder understands that if Boarder s horse(s) is or appears sick or injured, Killingsworth Arena LLC will first try to contact Boarder. If Boarder is unavailable, or horse(s) has an emergency, Boarder gives Killingsworth Arena LLC permission to call Boarder s veterinarian identified a Dr., with

3 Clinic, at phone numbers (Office), (Emergency). If Boarder s veterinarian is unavailable, Boarder authorizes Killingsworth Arena LLC to call its veterinarian, and that Boarder will be fully responsible for all veterinarian charges so incurred. 10. Farrier Care: Boarder agrees and understands that it is the Boarder s responsibility to provide horse(s) with proper hoof care and farrier services. Boarder s farrier is: (Name), at phone number(s),. Boarder s farrier shall have access to Killingsworth Arena LLC for purposes of hoof care and farrier services only. If Boarder s farrier is unavailable and Boarder s horse(s) is in need of farrier services, Boarder authorizes Killingsworth Arena LLC to call its farrier, and that Boarder will be fully responsible for all farrier charges so incurred. 11. Authorized Users: Killingsworth Arena LLC has discretion when and under what circumstances to allow Boarder s designated users to have access to horse(s) and Killingsworth Arena LLC facilities. In the event someone other than the boarder has intent to call for the boarded horse(s) without the supervision of the Boarder, such parties shall have clear written permission or other agreed upon pre-arranged permission from the Boarder to feed/water, treat, remove, handle, or ride specific boarded horse(s). It is the responsibility of the Boarder to make sure that anyone riding/handling their horse(s) will have a signed liability release on file with Killingsworth Arena LLC and that all family/guests/visitors/agents will follow the facility rules. Boarder s designated users are: a. (Name) b. (Name) c. (Name) d. (Name) e. (Name)

4 Killingsworth Arena LLC P.O. Box 1903 Alpine, Texas phone(432) Safety and Release from Liability for Killingsworth Arena LLC located at: 5006 Ted Street, Alpine, Texas BY SIGNING THIS AGREEMENT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOU OR YOUR CHILD S PRESENCE AND/OR PARTICIPATION IN EQUINE/ANIMAL ACTIVITIES AT KILLINGSWORTH ARENA LLC, INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OF KILLINGSWORTH ARENA LLC. READ THIS AGREEMENT CAREFULLY BEFORE SIGING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. 1. Participant Acceptance of Responsibility: I have inspected all facilities on Killingsworth Arena LLC property/premises and/or has in some other way satisfied myself that the condition of the premises/facility will provide an adequate and reasonable level of safety for me, my horse(s)/animal(s) and my family/guests/authorized users and/or visitors who enter the premises. I am responsible for any and all damages, injuries and/or death caused by or to the animal(s) while in the care, custody or control of me, my family/guests/authorized users, and visitor or other handler or agent appointed by me. Initial: 2. Helmets/Safety Gear: I understand that it is the recommendation of Killingsworth Arena LLC and owners to wear a riding helmet and utilize other safety gear appropriate to my level of experience while on/around a horse(s). I accept full responsibility for accident or injury to myself, family members or my authorized users/guests if I or they choose not to use a riding helmet or other appropriate safety gear. Initial: 3. Animals are Inherently Dangerous: I understand that engaging in equine/animal activities is an inherently dangerous activity, and that by doing so, I expose myself to dangers, both to known and unknown variables. The inherent risks include, but are not limited to the following: The propensity of an animal to behave in ways that may result in injury, harm, death, or loss to persons on or around the animal(s); the unpredictability of an animal s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; hazards, including, but not limited to: surface or subsurface conditions; a collision, encounter and/or confrontation with another horse(s), another animal(s), a person(s), or object(s); the potential of an equine activity participant to act in a negligent manner that may contribute to injury, harm, death, or loss to the participant or to other persons, including but not limited to: failing to maintain control over the equine/animal and/or failing to act within the ability of the participant. Horses are large, unpredictable animals which may be dangerous no matter how much training they have, no matter what level or experience I have, and no matter what the situation. I agree and understand that Killingsworth Arena LLC cannot control the horse(s)/animal(s) on its facility, and that I shall release and hold harmless Killingsworth Arena LLC and the owners from any injury arising out of or related to equine/animal activities at Killingsworth Arena LLC s facilities. I understand that I will ride and handle my horse(s)/animal(s), and will conduct myself, at my own risk while I am on Killingsworth Arena LLC s property/premises. Killingsworth Arena LLC and the owners are not responsible for total or partial acts, occurrences, or elements of nature and/or sudden and/or unfamiliar sights, sounds and/or sudden movements that can scare a horse/animal, cause it to fall, or react in some other unsafe way. Some examples are: thunder lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, or fly near, or bite or sting a horse/animal or person; and irregular footing on out-of-door arenas or pasture which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I also acknowledge and understand that these are examples of

5 just some of the risks and I agree to assume others not mentioned above. I am not relying on Killingsworth Arena LLC and/or the owners to list all the possible risks for me. Initial: 4. Release and Waiver of Liability and Assumption of Risk: I take full responsibility for myself and for any guest/family/authorized users that I may bring onto the property and will not hold Killingsworth Arena LLC, its owners, agents, affiliations, or employees/volunteers responsible for accident or injury/death to myself, my guests/family, or my authorized users. Killingsworth Arena LLC and/or the owners are not responsible for stolen property. It is my responsibility to keep up with personal items. I am hereby warned that while on Killingsworth Arena LLC s premises, direct loss, damage, theft, or injury to my horse(s)/animal(s), tack, equipment, trailer, and other personal property is not covered by Killingsworth Arena LLC s or the owners insurance. The party who has the financial interest in and/or owns such items has the responsibility to insure the items under his/her own insurance policies. Initial: 5. Death/Injury to Horse(s)/Animals(s): Killingsworth Arena LLC, its owners, trainers, agents or employees/volunteers will not be held responsible for injury/death of horse(s)/animal(s). Initial: 6. Hold Harmless, Defend and Indemnify: I, and on behalf of my child and/or legal ward, heirs, administrators, personal representatives or authorized users, do agree to release, hold harmless, and discharge Killingsworth Arena LLC, its Boarders/Riders, owners, agents, employees, volunteers, officers, directors, representatives, assigns, members, affiliated organizations, and insurers, and other acting on their behalf (hereinafter, collectively referred to as Associates ), of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Killingsworth Arena LLC and/or its Associates ordinary negligence or legal liability; and I do further agree and except in the event of Killingsworth Arena LLC, I shall not bring any claims, demands, legal actions and causes of action against Killingsworth Arena LLC and its Associates as stated above, in this clause, for any economic and non-economic losses due to bodily injury and/or death and/or property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations/events of Killingsworth Arena LLC, to include while riding, driving, training, handling, or otherwise being near horse(s)/animal(s) owned by me, Boarders or owned by Killingsworth Arena LLC, or in the care, custody or control of Killingsworth Arena LLC, whether on or off the premises of Killingsworth Arena LLC but not limited to being on Killingsworth Arena LLC s premises. I agree to defend, indemnify, save and hold harmless Killingsworth Arena LLC and its Associates, agents and affiliates from and against any loss, liability, damage, attorneys fees, or costs that they may incur arising out of or in any way connected with my use of Killingsworth Arena LLC, presence at Killingsworth Arena LLC s facilities, horse s conduct, my use or access to horse(s), my or my agents actions, breaches, failures, or omissions in performing or furthering this agreement or any related agreement, obligation or conduct, or as I may relate to or arise out of the subject matter of this agreement. Initial: 7. Killingsworth Arena LLC Remedies: If I breach this agreement, if horse(s)/animal(s) becomes sick, disabled, injured, or a danger to themselves or others, or if Killingsworth Arena LLC ceased to be able to provide services to me, hereunder, Killingsworth Arena LLC reserves the right to require my immediate removal and/or the immediate removal of my horse(s)/animal(s) from the facility/premises. I agree and understand that I am fully responsible for all alternative charges so incurred. Initial: 8. Amendments and Modifications: Killingsworth Arena LLC may amend this agreement at any time. All amendments must be made in writing and signed by all participating parties. No party may assign or transfer this agreement without written authorization/consent from each participating party. No oral modifications will be considered part of the agreement unless reduced to writing and signed by all participating parties. Initial:

6 9. Comprehension: I affirm and acknowledge that I have been given the opportunity to obtain independent legal review by an attorney of my choosing, that I have read this entire agreement, that it is in plain language, and that I fully understand and appreciate the meaning of each of its terms. Initial: 10. Governing Law and Venue: This agreement shall be governed by the laws of Texas. Venue for resolution of disputes shall be reported and handled in Brewster County, Texas. All Boarders, Riders, Participants and Parents or Legal Guardians must sign below after reading and completing this entire document. Spouses must sign for themselves: I, THE UNDERSINGED, REPRESENT THAT I HAVE READ UNDERSTAND AND AGREE TO THE AGREEMENT, LIABILITY RELEASE, HOLD HARMLESS AGREEMENT AND ASSUMPTION OF RISK AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM GIVING UP MY RIGHTS TO SUE TODAY AND IN THE FUTURE. I ATTEST THAT ALL FACTS ARE TRUE AND ACCURATE. I AM SIGNING THIS WHILE OF SOUND MIND AND NOT SUFFERING FROM SHOCK, OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS. Participant: Killingsworth Arena LLC Owners Signed: Date: Name (Printed): Signed: Date: Name (Printed): Signed: Date: Name (Printed): If Under 18 Years of Age: Parent/Guardian Signature: Parent/Guardian Name (Printed): Contact Phone Number(s):