1. The Services:
Monthly tuition in MM Horsemanship Academy is based on an annual calendar value. MM Horsemanship Academy/Marissa Mendoza Performance Horses will provide client with access to horsemanship and riding lessons based on which program they choose. The Silver subscription option includes access to up to 1 riding lesson/week, every month (omitting school off days/weeks). The Gold subscription option includes access to a maximum of 2 riding lessons/week, every month (omitting school of days/weeks). The Platinum subscription includes 2 riding lessons/week, monthly–plus 1 self-guided ride per week for qualified individuals (omitting school of days/weeks). The riding lessons will be either 30 minute private lessons for entry level riders or private lesson as deemed necessary by instructor OR a 1 hour small group lesson (30 minute ride time and remaining time for tacking and untacking of horse by student). MM Horsemanship Academy will be closed 6 weeks per year to give the lesson horses a break, allow students to compete at horse shows and not to miss lessons, to run special events, and even to give riding instructors a break, etc. There is no change in monthly tuition due to designated weeks off. Tuition is based on the entirety of weeks per year. Communication regarding the quarterly calendar will be given to students throughout the year. MM Horsemanship Academy also provides access to a group unmounted horsemanship class, monthly–typically held on the 3rd Saturday of the month. All Academy students also enjoy the benefits of an online learning portal where a leveled curriculum is kept for each student to study. Twice annually, graduation ceremonies are held for students as they move to a higher level. Academy students are also invited to periodic social events; benefit from discounts on in-house events; and receive priority booking.
2. Client Requirements & Barn Rules
The following Requirements and Rules are for the safety and comfort of students, horses, and to create a positive barn atmosphere. Please discuss with youth students and agree to the following:
Courtesy is expected and manners are required. Help us make the farm a fun, friendly and supportive environment for all! Be nice to others, both people and horses, NO exceptions.
All riders or persons handling a horse must sign a release before riding and/or interacting with any horse in any way. Students/Student’s parent(s)/guardian(s) are responsible for having all guests sign releases which are available from the management.
Show up to your lesson on time or early. Check the assignment board. Get your horse ready quickly and meet in the designated arena ready to ride.
ASTM-rated riding helmets must be worn at ALL times when mounted on a horse. Students are strongly encouraged to purchase their own helmet and bring it to their lessons each week.
NO smoking allowed on the Stable premises at any time. NO alcohol or illegal drugs. NO intoxication of any kind is permitted for students or their guardians and guests. NO Dogs or pets on the Stable property. (They may remain in the car, at all times, with a window open or AC on).
The speed limit on the Stable property is 5 MPH for the safety of horses, riders and children.
Children must be supervised by an adult at all times.
Appropriate footwear MUST be worn around horses and when handling them, no sandals or flip flops in the barn. Students riding outside of the round pen or online, must have western or paddock boots in order to ride. No tennis shoes for riding will be accepted. Students may be subject to refusal to partake in their lesson without refund if they are not wearing safe and appropriate clothing.
Modest apparel is required in the riding program. No crop-tops, low-cut shirts, overly revealing clothing, bra straps showing, etc. However, tidy, well-fitted clothing is encouraged so instructors may properly assess the rider's body position. Inquire about purchasing barn themed apparel to represent your School spirit. Long pants such as jeans or riding jodhpurs are required. No shorts.
NO jumping outside of a lesson unless approved by the trainer.
We prefer that no treats are given. If you give treats, get approval and feed in feed buckets and not by hand so horses do not become nippy.
Parents and guests must stay outside riding arenas. Riders only in arenas. No sideline coaching. Communication about progress with coaches is encouraged. Please schedule a time for a coaching conversation.
YOU MUST clean up after your lesson horse and yourself. There are trash containers, shovels, brooms and muck buckets available for the disposal of manure, shredded hair, hoof cleanings. Ask for assistance if you are unsure. Repeat offenders who neglect their manure and mess will be required to clean a stall in their next visit before riding.
Put away all equipment that you use including, brushes, saddles, bridles, lunge lines, lunge whips, etc. Repeat offenders will be required to come in and clean tack before their lesson or purchase their own equipment.
Concerns and grievances should be brought first to management to rectify and NOT discussed with other clients, social media, or publicly. Destructive social behavior such as bullying is not tolerated.
3. Compensation and Payment Terms
Monthly tuition is based on an annual value/calendar. Client is required to provide Stable with a valid credit or debit card which will be kept on file securely using Stripe and automatically charged monthly on an autopay subscription. Please select from the following monthly tuition options: Silver Tuition: $499; Gold Tuition: $875: Platinum: $1150. Tuition is due on the first day of enrollment and may be prorated. Monthly tuition is due on the 1st of the month and each following month. Students are responsible for providing Stable with updated/current credit card information if this information changes. $25 charge will be incurred for every 5 days payment is late due to a lapse in a card update. Any additional lessons, in-house clinics, etc. must be paid upon booking. No balances will be carried.
4. Scheduling & Cancellation:
Students will receive a designated time and a day of the week where there will be a school horse for their lesson in either a 1-hour small group lesson or a 30-minute private lesson as deemed appropriate by the coach. The Stable operates on an annual term of 46 weeks on and up to 6 weeks off throughout the year. Tuition rate and terms remain the same during off weeks.
Note that Stable must pay all costs for the number of school horses needed to teach the scheduled lessons throughout the year. As a result, Stable’s expenses stay the same month to month, regardless of whether the Student’s lesson is taken. Therefore, Stable offers limited make-up lessons. The best way to get the most value out of the program is to make it a priority and commit to not missing your dedicated lesson time(s) as much as possible.
All lessons canceled by Stable due to weather will be rescheduled. Lessons typically run in rain or shine (we have a covered arena) unless canceled by Stable due to severe conditions (ie) severe thunderstorm during lesson time). Opting out by student due to weather does not constitute a Make-Up Lesson. Students must complete their Make-Up lesson by next available Make-Up date by the following month or it will thereafter be expired. Instructor may add more time to the student’s next lesson if time is available or offer a make-up time.
Stable will allow a change in student’s ride day or time only as it is able to be accommodated with availability. Stable may communicate with student regarding periodic adjustment of lesson times if student is able to move times. Ie) to move student to a more appropriately leveled group as they advance. School lesson times change to earlier times in the middle of April and back to later lesson times around September due to summer heat and daylight hours. Students must change times according to the seasonal schedule change.
This Agreement may be canceled by either party with at least 60 days written notice prior to the desired date of termination. No refunds will be given for early termination. No exceptions. Stable reserves the right to terminate with minimal notice a client membership if Barn rules and Requirements are repeatedly broken after a client has been given warning without their rectification of behavior. Stable does not warrant or guarantee any specific level of performance or results. The results of students’ riding program are largely based on the efforts of the student and no refunds are given regarding performance.
Communications. Student agrees to communicate all scheduling changes or any other concerns about the program by texting 480-290-1317 or by email to [email protected] or through Impulsion software. All non-emergency communications shall be between 8am and 5pm Tues to Saturday.
5. Make-Up Lesson Policies:
Students are allowed 1 Make-Up Lesson a Month for Silver Tuition Package and 2 for Gold Lesson Package. In order to be eligible for a Make-Up Lesson, cancellation notice to Stable must have been given 24hrs before lesson time. Cancelation within 24hrs is considered late cancelation and is not subject to a Make-Up. Student will be allowed 1 late cancel Make-Up per quarter. Make-up lessons must be scheduled and managed by the student/student’s parent. Stable will not pursue student to do their Make-Up Lesson. See policy above about Make-Up Lesson Scheduling. Typically, the 2nd Saturday of the month is the designated day for Make-Up Lessons or Instructor may make other arrangements with student at instructor’s discretion. Student must attend the next available Make-Up Lesson Day after their missed day or the Make-Up Lesson will be forfeited. Make-Up Lesson policies will be enforced. Due to the great expenses in maintaining Horses, staff for lessons, and administrative time to manage Make-Ups, they will remain limited. Strong commitment from student is encouraged.
Late Arrival to Lesson: If student arrives late to their designated lesson time, they may still ride when possible, however, the lesson will still end at the same end time (less ride time). Lessons run back to back and the horse will likely be reserved for the next time slot. If a student is unable to get the horse tacked on their own safely after instructor is in the arena with other students, student may audit the remainder of the lesson.
6. Risk Acknowledgement and Assumption of Risk
INHERENT RISKS & ASSUMPTION OF RISK. Student acknowledges that horses, by their very nature are unpredictable and acknowledges there are inherent risks associated with equine activities, which include but are not limited to: the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them such as running, bucking, biting, kicking, shying, stumbling, rearing, falling stepping or any other action; the unpredictability of an 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 equines, animals, or objects; 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 his or her ability. Student hereby expressly assumes all risks associated with participating in equine activities and expressly waives any claims for any injury or loss arising therefrom. Student agrees to abide by and follow Stables’s rules. Student acknowledges and agrees that he/she has read Stable’s rules and accepts and agrees to comply with said rules. Student further acknowledges that the behavior of any animal is contingent to some extent upon the ability of the rider. Student assumes all risks and warrants that Student has fully and fairly disclosed Student’s abilities to Stable.
RELEASE, INDEMNIFY, HOLD HARMLESS & DEFEND. Student expressly releases Stable and Stable’s respective affiliates, current, former and future owners, members, stockholders, managers, directors, officers, employees, agents, and other representatives, the insurers of each of the foregoing persons and entities and the heirs, executors, administrators, personal representatives, successors and assigns of each of the foregoing persons and entities (the foregoing, collectively the “Released Parties”) from any and all claims, demands, actions, and injury to person and/or property, whatsoever, even if caused by the negligence of the Released Parties. Student agrees to hold harmless, indemnify and defend the Released Parties against any and all claims, demands, actions, causes of action, damages, judgments, orders, costs and expenses, including attorney’s fees, which may arise from or be in any way connected this Agreement, Student’s activities, use of or presence on Stable’s premises and the facilities located thereon and the claims of any third parties arising from Student’s activities, use of or presence on Stables’ premises or Student’s negligence. Student understands and agrees that this Release and Indemnity includes any claims based on the negligence, actions or inaction of the Released Parties.
MINOR CHILDREN. If the Student is a minor, the natural guardian of said minor child, acknowledges and agrees that Stable is a commercial activity provider and Student’s natural guardian/parent shall further indemnify, defend and hold the Released Parties harmless from any such claims which would accrue to him/herself and/or any minor child of which the undersigned is a natural guardian, for personal injury, including death, and property damage resulting from an inherent risk in the activity, regardless of any statute of limitations or contractual limitation of actions.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF STABLE/RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM STABLE/RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND STABLE/RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Arizona Revised Statute § 12-553
WARNING
UNDER ARIZONA STATE LAW, Under the Arizona Equine Activity Liability Act, Arizona Revised Statute § 12-553, MM Performance Horses, is not liable for an injury to or the death of Rider. Rider acknowledges the inherent risks associated with equine activities, and is willing and able to accept full responsibility for his/her own safety and welfare and releases MM Performance Horses and any other equine owner or agent, from liability unless MM Performance Horses, equine owner or agent is grossly negligent or commits willful, wanton or intentional acts or omissions. Rider also acknowledges that Rider executes this Agreement on behalf of Rider, as well as all of Rider’s children, family members and guests.
