Services

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In consideration for allowing me (or my minor child) to handle and ride a horse and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, I HEREBY: 1. Acknowledge that a horse or mule may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person's feet, push or shove a person, saddles or bridles may loosen or break — all of which may cause the rider to fall or be jolted, resulting in serious injury or death. *

I Acknowledge and Agree

2. ACKNOWLEDGE THAT HORSEBACK RIDING IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH, because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance. *

I Acknowledge and Agree

3. Voluntarily assume the risk and danger of injury or death inherent in the use of the horse, equipment and gear provided to me by Julie & Thomas Mitchell DBA FANTAZEE FARM, hereinafter referred to as the Stable. *

I Acknowledge and Agree

4. RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Stable, doing business under its own name or any other name and/or any of its owners, officers, employees and agents (hereinafter the "Releasees"), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property. *

I Acknowledge and Agree

5. Release the Releasees from any claim that such Releasees are or may be negligent in connection with my riding experience or ability including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction or riding skills or leading and supervising riders. *

I Acknowledge and Agree

6. INDEMNIFY, AND SAVE AND HOLD HARMLESS the Stable and its employees and agents from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of the horse and any equipment of gear provided therewith or any acts or omissions of wranglers or other employees or agents. *

I Acknowledge and Agree

7. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Arizona and is intended to be as broad and inclusive as is permitted by Arizona Law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. *

I Acknowledge and Agree

8. Acknowledge that this document is a contract and agree that if a lawsuit is filed against the Stable or its owner, agents, employees, guides or wrangles for any injury or damage in breach of this contract, the Undersigned will pay all attorney's fees and costs incurred by the Stable in defending such an action. *

I Acknowledge and Agree

9. State that I am not now pregnant and that I have no history of epileptic seizures, heart condition or any other medical problem that could be affected by horseback riding. *

I Acknowledge and Agree

10. IT IS RECOMMENDED THAT MY CHILD AND ALL RIDERS WEAR PROTECTIVE HELMET. IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN OFFERED FOR MY OWN OR MY CHILD'S SAFETY. *

I Agree

Helmet Choice *

I/We will wear a helmet

I/We decline to wear a helmet (please initial below)

If the person who is to enter into this Agreement is under eighteen (18) years of age, his/her parent or guardian must read this Agreement and sign below on the behalf of the minor. *

I Acknowledge and Agree

I have read this document. I understand it is a promise not to sue and to release the stable, It's owners, employees and agents for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Releasees allowing me or my child to ride or handle a horse. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of horseback riding experience. *

I Acknowledge and Agree

Agreement Date *

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Electronic Signature Agreement. By typing in your name below, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By typing in your name, you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Fantazee Farms or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Fantazee Farms. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. *

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Adult/Parent Name *

The named individual is hereinafter referred to as "Owner, and if Owner is a minor, Owner's parent or guardian.

First Name

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Minor Child Name (Optional)

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This contract is between Julie & Thomas Mitchell DBA: Fantazee Farm, hereinafter to as "Trainer and the above named, hereinafter referred to as "Owner, and if Owner is a minor, Owner's parent or guardian. Trainer accepts Owner's horses(s), described on the attached Exhibit “A” for training, and Owner shall place the horse(s) into training upon the terms and conditions set forth below. *

I/we understand and agree

1. FEES, TERMS, AND LOCATION. Owner agrees to pay the trainer for professional services, board and supplies (if applicable) at established rates in effect at the time services are rendered. All fees for training shall be payable thirty (30) days in advanced, unless otherwise stipulated in writing. All expenses incurred for veterinarians, shoeing, or other out-of-pocket costs shall be billed after the incurrence thereof upon the next billing by Trainer. *

I/we understand and agree

2. PAYMENT OF INVOICES. Invoices are payable upon receipt. Upon completion or termination of this Agreement, the remainder of any and all expenses shall be due and payable immediately. The horse(s) will not be released from Trainer's possession until all fees, charges and expenses are paid in full. *

I/we understand and agree

3. VETERINARIAN, SHOEING AND RELATED SERVICES. Owner shall arrange veterinarian and farrier services as necessary. All veterinarian, farrier and medicine expenses shall be paid by Owner. Owner agrees to provide Trainer with all health records with regard to the horse(s). Owner agrees to have horse(s) wormed and vaccinated on a regular schedule, and in the event same is not accomplished and proof of same presented to Trainer within fifteen (15) days from the date of such services or veterinary treatment, Trainer is authorized to arrange for such treatment, but not obligated to do so; such expenses for same shall be obligation of Owner, and upon presentation by Trainer of bill shall be paid within fifteen (15) days from the date the bill is submitted to Owner. Trainer reserves the right to refuse any horse upon the premises if same does not appear to Trainer to be in good health, or is deemed dangerous or undesirable or the Owner fails to worm or vaccinate the horse on a regular schedule. Owner shall submit a fully completed Owner's Information Sheet for each horse on the premises belonging to Owner within forty-eight (48) hours or delivery. *

I/we understand and agree

4. TRAINING OF HORSE. The Trainer shall train horse and Owner and perform all services in accordance with generally accepted professional standards. Trainer cannot and does not guarantee the effect of the training program or that any particular results will be achieved, since this depends a great deal on the individual physical and mental ability of each horse and rider. Trainer shall furnish all labor, provide suitable facilities and care for horse in an adequate manner with feed being determined by the Trainer. *

I/we understand and agree

5. SHOWING OF HORSE. Unless specifically advised by the Owner not to exhibit said horse, Trainer may, at Trainer's discretion, have the horse shown at the Show of Trainer's choice. It is further understood that acceptance of Owner's horse does not obligate Trainer in any way to show the horse, nor does Trainer guarantee that horse will be shown at any Show. Trainer shall provide any necessary transportation to and from the track at the rate of one dollar per mile, or as stated on current Rate Sheet then in effect. In the event professional horse transportation services are utilized, Owner agrees to pay all applicable charges. Owner shall pay any entry fees, ground fees, stall and bedding fees, or other related charges incurred while horse is being shown or transported, including any lay-up charges in transit. Owner shall also pay a pro-rated share of the expenses incurred for Trainer's and Trainer's employees' travel, meals, and lodging expenses, costs of grooms and related expenditures incurred while away from the Trainer's stable. Owner shall receive all trophies and ribbons. Owner shall receive on hundred percent (100%) of all money earnings unless otherwise agreed. Prior to the disbursement of any winnings, the party paying the above mentioned fees and expenses related to the show shall be entitled to be reimbursed. *

I/we understand and agree

6. DEATH OF HORSE. In the event of the sale or death of the horse, or if the horse becomes unfit to train, Trainer has the option of accepting another horse, in accordance with this condition set forth herein within seven (7) days; or, in the alternative, terminating the agreement upon payment of all expenses and fees. *

I/we understand and agree

7. FEED, FACILITIES, AND SERVICES. Trainer shall provide adequate feed and facilities for normal and reasonable care required to maintain the health and well-being of the animals in training. Owner acknowledges that Owner has inspected the facilities and finds same in safe and acceptable order. *

I/we understand and agree

8. RISK OF LOSS AND STANDARD OF CARE. During the time that the horse(s) is/are in the custody of Trainer, Trainer shall not be liable for any sickness, disease, estray, theft, or death or injury which may be suffered by the horse(s) or any other cause of action, whatsoever, arising out of or being connected in any way with the boarding of the horse(s), except in the event of negligence on the part of the Trainer, its agents, and/or employees. This includes, but not limited to, any personal injury or disability the horse Owner, or Owner's guests, may receive on Trainer's premises. In the event a court should find the Trainer liable to Owner for equine death or injury to the horse, such liability shall be limited to and not exceed TEN THOUSAND DOLLARS ($10,000). Owner agrees to maintain mortality insurance on all horses in Trainer's care, custody, and control and disclose this entire agreement to Owner's insurance company and provide Trainer with the company's name, address and policy number. Should Owner decline to cover said horse, any non-negligent cause of loss is Owners responsibility. *

I/we understand and agree

9. EMERGENCY CARE. Trainer agrees to attempt to contract Owner should Trainer feel that medical treatment or farrier services is needed for the horse(s), but if Trainer is unable to contract Owner, Trainer is then authorized (but is under no duty) to secure emergency veterinary or fartier care as Trainer, in Trainer's discretion, deems necessary for the health and well-being fo the horse(s). All costs of such care secured shall be paid by Owner within fifteen (15) days from the date Owner receives notice thereof, or Trainer is authorized, as Owner's agent, to arrange direct billing to Owner. Trainer shall assume that Owner desires surgical care if recommended by a veterinarian in the event of colic, or other life-threatening illness, unless Trainer is instructed herein or on Owner's Information Sheet, by Owner that the horse(s) is/are not surgical candidates. Owner agrees to notify Trainer of any and all charges of addresses, emergency telephone numbers, itineraries or other information reasonable necessary to contact Owner in the event of an emergency. *

I/we understand and agree

10. EMERGENCY CARE. Trainer agrees to attempt to contact Owner should Trainer feel that medical treatment or farrier service is needed for the horse(s), but if Trainer is unable to contact Owner, Trainer is then authorized (but is under no duty) to secure emergency veterinary or farrier care as Trainer, in Trainer's discretion, deems necessary for the health and well-being fo the horse(s). All costs of such care secured shall be paid by Owner within fifteen (15) days from the date Owner receives notice thereof, or Trainer is authorized, as Owner's agent, to arrange direct billing to Owner. Trainer shall assume the Owner desires surgical care if recommended by a veterinarian in the event of colic, or other life-threatening illness, unless Trainer is instructed herein or on Owner's Information Sheet, by Owner that the horse (s) is/are not surgical candidates. Owner agrees to notify Trainer of any and all changes of addresses, emergency telephone numbers, itineraries or other information reasonably necessary to contract Owner in the event of an emergency. *

I/we understand and agree

11. RELEASE, DISCHARGE AND PROMISE NOT TO SUE. Owner hereby releases and promises not to sue the Trainer, doing business under its own name or any other name and/or any of its owners, officers, employees and agents for any loss, liability, damage, or cost whatsoever arising out of the training, riding or use of Owner's horse or by others horse(s) being trained or boarded by Trainer. *

I/we understand and agree

12. HOLD HARMLESS. Owner agrees to indemnify, and hold Trainer harmless from and against any loss, liability, damage or cost arising from damage or injury caused by Owner's horse(s) to anyone. Trainer reserves the right to terminate this contract if, in Trainer's opinion, the horse(s) is dangerous, not trainable, unhealthy, handicapped, or otherwise unfit for training. Upon such notification, Owner shall remove said horse(s) within seven (7) days, and all expenses incurred for the horse's stay shall be paid prior to departure. Trainer also reserves the right to demand such payment of all fees, this contract shall be deemed terminated. *

I/we understand and agree

13. LIMITATION OF ACTION. Any action or claim brought by Owner against Trainer arising out of or related to this Contract or the training, riding or boarding of the Owner's horse(s) must be brought within one (1) year of the date such claim or loss occurs. 14. OWNERSHIP-COGGINS TEST. Owner warrants that he owns the horse(s) and will provide proof satisfactory to Trainer of the negative Coggins test upon request. *

I/we understand and agree

14. OWNERSHIP-COGGINS TEST. Owner warrants that he owns the horse(s) and will provide proof satisfactory to Trainer of the negative Coggins test upon request. *

I/we understand and agree

15. CHANGES OR TERMINATION OF THE AGREEMENT. This Agreement may be changed or terminated by Trainer upon thirty (30) days notice, regardless of the rental or training period. All notices must be issued in writing unless otherwise agreed upon by the Parties. The receipt of updated rate schedules shall constitute notice of change and all rate changes or regulation changes as may be deemed appropriate by Trainer. *

I/we understand and agree

16. RULES AND REGULATIONS. The Owner agrees to abide by all the rules and regulations of the Trainer, and acknowledges receipt of the same. In the event someone other than the Owner shall request to ride, groom or take possession of the horse(s), such person shall have written authority signed by the Owner to obtain the horse(s). *

I/we understand and agree

17. RIGHT OF LIEN. The Owner is given notice that Trainer has a right of lien as set forth in the laws of the State of Arizona, for the amount due for the board and keep of such horse(s), and also for storage and services. Trainer shall have the right to retain the horse(s) and other property belonging to Owner until the amount of said indebtedness is discharged or the Trainer forecloses on the lien and may sell the horse(s) and property in accordance with applicable law to satisfy the debt owed to Trainer. The Owner shall also be responsible to pay all costs of sale including legal fees incurred by Trainer. Trainer also has the right to demand that all indebtedness be paid in cash, cashier's check, or money order. *

I/we understand and agree

18. PROPERTY IN STORAGE ON STABLE'S PREMISES. Trainer 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 Owner's risk. Trainer shall not be liable for the theft, loss damage, or disappearance of any tack or equipment taken to horse shows or clinics. *

I/we understand and agree

19. ENTIRE AGREEMENT. This Contract 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. This Contract is made and entered in the State of Arizona, and shall be enforced and interpreted in accordance with the laws of the State of Arizona. *

I/we understand and agree

20. ENFORCEABILITY OF CONTRACT AND SEVERABILITY. In the event one or more parts of this Contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect. *

I/we understand and agree

Date of Agreement *

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Digital Signature - Electronic Signature Agreement. By typing in your name below, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By typing in your name, you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Fantazee Farms or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Fantazee Farms. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. *

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