HORSE BOARDING, REHABILITATION, BREEDING, FOALING AND CONDITIONING AGREEMENT AND WAIVER OF LIABILITY
THIS AGREEMENT LIMITS THE LIABILITY OF
TOM MCCUTCHEON REINING HORSES AUBREY, TEXAS 76227
PLEASE READ CAREFULLY

THIS AGREEMENT between TOM MCCUTCHEON REINING HORSES
hereinafter referred to as “TMRH”AND "TOM MCCUTCHEON REINING HORSES REHABILITATION CENTER AND SPA" AND "TOM MCCUTCHEON RENING HORSES" and “Owner."

WHEREAS, Owner requires boarding facilities and/or rehabilitation and/or conditioning and/or breeding and/or foaling for a certain
horse; and
WHEREAS, the TMRH has facilities for boarding, breeding, foaling, rehabilitation, and conditioning for a limited number
of horses;
THEREFORE, the parties agree to the following terms and conditions:
1. IDENTIFICATION OF THE ANIMAL The animal covered by this Agreement is identified as follows:

2. DELIVERY AND RIGHT TO REJECT The animal shall be delivered by Owner, at Owner’s expense, to
the TMRH. Animal shall be delivered with current vaccination and worming, with no contagious
diseases, and in good health except as specifically noted on the “Special Instructions” or “Known
Health Problems” section of the TMRH Client Intake Form. TMRH reserves the right to
reject any horse.

3. TERM The animal shall be boarded and/or receive services for breeding, foaling, rehabilitation and conditioning at the
TMRH beginning the date of intake form. This Agreement shall be for a day to day term and may be
terminated by either party upon twenty-four (24) hours written notice.

4. COMPENSATION Owner shall make payment to Tom McCutcheon Reining Horses. Payment shall be made in full, prior to
release of the animal. Services will be billed on a weekly or monthly basis based on services
rendered. Subject to sales tax where applicable. If any charges due and owing in any given month
are not paid on or before the first day of the succeeding month, the Owner hereby authorizes TMRH to add to said Owner’s account an interest charge of 2% per month.

5. SERVICES TMRH shall provide feed and water for the animal and provide care for the animal
according to good animal husbandry techniques.

6. OWNER’S ACCESS TO THE ANIMAL Owner shall have the right of access to the animal during normal TMRH business hours, Monday through Friday, 9 am to 4 pm, and at other reasonable times that
may need to be scheduled with TMRH management.

7. OWNER WILL BE RESPONSIBLE FOR ALL VETERINARY FEES AND RELATED EXPENSES Veterinary fees
and the cost of any medicines, drugs or related items shall be paid by Owner, and the Owner shall
indemnify and hold the TMRH harmless from any liability for any such expenses. In the event of
illness or injury to the animal, the TMRH will promptly notify Owner. If Owner cannot be reached
the TMRH may obtain veterinary services for the animal, but will do as only as agent of the Owner
and the Owner will still be responsible for direct payment of all cost and expenses, as set forth.

8. BREEDING and/or FOALING PLANS. Breeding and/or foaling plans shall be developed by the TMRH team, owner and a veterinarian licensed in the
State of TEXAS for each horse to be bred at TMRH. Breeding and/or foaling plans will include
specific breeding modalities and necessary medications.
a. The breeding and/or foaling plan will be implemented by the TMRH staff and, when required, a
veterinarian shall be retained by the Owner to implement specific treatments including, but not
limited to, procedures, administration of medications, sedatives, tranquilizers, and anesthesia,
and rehabilitation modalities. All costs associated with the veterinarian retained by the Owner
shall be paid by the Owner.
c. All medications prescribed by the Owner’s Veterinarian shall be provided by the Owner or
the Owner’s Veterinarian in a timely manner and refilled as necessary.

9. OWNER WILL PRESENT REQUIRED CERTIFICATES OF PROOF At the beginning of the term, Owner
will present a negative coggins certificate not more than twelve (12) months old, and proof of
current vaccinations against equine rhinopneumonitis, rabies, tetanus, influenza, and Eastern and
Western encephalomyelitis. Vaccinations will be brought up to date at Owner’s expense. Any horse
traveling from outside of TEXAS State within last 30 days is required to have a health certificate
completed by a licensed veterinarian. Certificate with last breed date completed by a licensed veterinarian. All certificates shall be presented upon arrival to TMRH.

10. OWNER HAS ALL RISK FOR THE ANIMAL All risk of loss, death, injury or sickness will be upon the
Owner. TMRH will not be liable for any loss, death, injury, or sickness of the animal. (It is
recommended that Owner maintain Horse Mortality Insurance to protect Owner in the event of
loss). Owner is expected to maintain insurance on animal. The insurance should cover the horse
while at TMRH and/or in transit. The decision to use any treatment techniques is a decision made
by the Owner’s Veterinarian and the Owner. TMRH is not responsible if the horse has an
adverse reaction to any treatments.

11. OWNER RESPONSIBLE FOR INJURY OR DAMAGE CAUSED BY THE ANIMAL The Owner shall hold
the TMRH harmless from any liability for injury or damage to others caused by said animal.

12. LIEN FOR ALL CHARGES TMRH has a lien upon the animal, pursuant to of the State of TEXAS, for all sums due the TMRH relating to said animal. Said lien may be
enforced through a public sale Lien Law of the State of TEXAS, or by any
other legal remedy.

13. DEFAULT In the event Owner fails or refuses to make any payment required by this Agreement
within five (5) days after such payment is due; Owner will be in default for purposes of determining
the remedies the TMRH may be entitled to under this Agreement or the Laws of the State of TEAXS..

14. ATTORNEY FEES AND EXPENSES If the TMRH incurs attorney fees and/or expenses in enforcing its
rights under this Agreement, then the Owner shall be responsible for and pay for said fees and/or
expenses.

15. NOTICES Any written notice to be mailed under this Agreement shall be sent by certified mail to the
party to be notified at the address stated above, or at such address as the party to be notified shall
have directed in writing. In the alternative, written and oral notices may be personally given to the
Owner or Director of TMRH.

16. VENUE The Venue of any legal action that either party commences against the other, arising out of
this Agreement, shall be in DENTON COUNTY TEXAS.

17. MODIFICATION OR AMENDMENT The parties agree that no modification or amendment of this
Agreement shall be binding unless such modification or amendment is in writing and is duly
accepted and executed by Owner and by a duly authorized representative of the TMRH.

18. JOINT AND SEVERAL LIABILITY In the event the horse is owned by two or more individuals or
entities, each individual or entity shall be jointly and severally obligated under this Agreement.

19. AGENTS Persons acting as agents must file notarized letters of authorization from the Owners,
stating the agent is acting on their behalf and that said Owner will be responsible for all expenses
incurred. Failure to comply with this condition will impose personal and financial liability upon such
agent with respect to all matters in connection with or arising out of this Agreement.

20. RELEASE AND WAIVER Owner (on behalf of himself/herself and his or her agents, assigns, heirs,
executors, administrators, invitees, and children, if any) hereby acknowledges that:
a. Horse activities are by their nature dangerous activities for which Owner explicitly
assumes the risk and hereby released and holds harmless TMRH and its owners,
agents, assigns, servants, and employees from any liability, present and future, known
and unknown, on account of bodily injury, loss or damage to any animals, equipment, or
other personal property arising from horsemanship or TMRH activities, or usage of, or
presence on, the facilities of TMRH.
b. Horses are prone to accidents, injuries, illness, lameness, and other conditions and
events for which Owner assumes the risk and Owner hereby releases and holds TMRH
harmless from any liability which may accrue as a result of fire, theft, running away,
state of health, injury to person, horse or property, or from any other cause arising out
of TMRH’s care, custody, or control of Owner’s horse.
c. Owner specifically agrees that this release and waiver shall be construed as broadly and
inclusively as permitted by the present laws of the State of TEXAS, and that if any
portion hereof shall be held invalid or unenforceable, it is specifically agreed that the
remaining portions of this agreement shall continue in full force and effect.
d. TMRH shall not be liable for any loss or damage to any of the Owner’s personal
property, tack, or other equipment arising from the storage on or use of the facilities of
the TMRH. Owners are encouraged to carry appropriate insurance on their horse and
personal property.

21. THIS IS THE ENTIRE UNDERSTANDING This Agreement constitutes the entire understanding or the
parties, and no representations or promises have been made that are not set forth in this
Agreement.

BY CLICKING "YES" YOU ARE UNDER CONTACT AND AGREE TO THE ABOVE TERMS.