Silver Tuition Agreement

This MM Horsemanship Academy Agreement (hereafter “Agreement”) is entered into by and

between Marissa Mendoza Performance Horses/MM Horsemanship Academy (hereafter “Stable”), and “Student”/Student’s legal guardian if minor child). Student address and contact information is as follows:

The Client and Stable agree as follows:

1. The Services: Stable will provide the Student with one of the selected tuition packages

below which include a designated amount of riding lesson(s) per week and 1 unmounted

horsemanship class/clinic per month. Tuition agreement is based on an annual term of a

cumulative, 46 weeks with scheduled time off periodically throughout the year to give the

lesson horses a break; allow students to compete at horse shows; to run special events;

potentially allow students to plan holidays without missing lessons and to provide pre-

scheduled make-up days in the event we have to cancel lessons.

2. Student Requirements:

Student agrees to follow all Barn Rules as follow:

● Courtesy is expected and manners are required. Help us make the barn 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 in the

Stable’s office.

● 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 by students and their guest or guardians. 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. Student 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 barn

membership and community.

● 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 during lessons please. 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. Repeat offenders who neglect their

manure and mess will be required to clean a stall in their next visit before

leaving.

● 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.

3. Tuition: Monthly tuition is based on an annual value per calendar year. 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 + 4%

processing fee. Please select from the following tuition options:

Silver Tuition Package

-1 Lesson/Week per Month

-1 Horsemanship Clinic/Month

-Leveled Curriculum, Testing and Award Ceremonies

-Coaching Conversations to Discuss Goals & Progress

-Social Events & Priority Booking for Lessons and in-house Events

$499/month on autopay subscription

Gold Tuition Package

-2 Lessons/Week per Month

-1 Horsemanship Clinic/Month

-Leveled Curriculum, Testing and Award Ceremonies

-Coaching Conversation to Discuss Goals & Progress

-Social Events & Priority Booking for Lessons & in-house Events

-Discounts on in house Events & Clinics

$875/month on autopay subscription

Platinum Tuition Package

-2 Lessons/Week per Month

-1 Additional Practice Session on Your Own Per Week (with approval based on proficiency)

-1 Horsemanship Clinic/Month

-Leveled Curriculum, Testing and Award Ceremonies

-Coaching Conversation to Discuss Goals & Progress

-Social Events & Priority Booking for Lessons and in-house Events and Clinics

-Discounts on in house Events and Clinics

$1150/month on autopay subscription

Tuition begins on the first lesson day after Intro lesson and may be pro-rated for remainder of the month. Monthly tuition is auto-drafted on the 25th of the previous calendar 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.

4. Scheduling. 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 6 weeks off throughout the year. Monthly Tuition rate and terms remain the same during off weeks.

Note that Stable must pay the great 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/etc will be rescheduled. Lessons typically run in

rain or shine (we have a covered arena) unless cancelled by Stable due to severe conditions such a 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. Also, note that lesson times change in the fall and spring based on the heat. Summer lessons begin at 6AM. Any additional lessons, in-house clinics, etc. must be paid upon booking. No balances will be carried.

5. Make-Up Lesson Policies:

1. Students are allowed 1 Make-Up Lesson a Month for Silver Tuition Package and 2 for Gold Lesson Package with advanced notice (>24Hours).

2. 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 as Instructors and horses have already been reserved for the time within that window.

3. 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.

4. Typically, the 2 nd Saturday of the month is the designated day for Make-Up Lessons

or Instructor may make other arrangements with student at instructor’s discretion.

5. Student must attend the next available Make-Up Lesson Day after their missed day

or the Make-Up Lesson will be forfeited.

6. 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.

7. Late Arrival to Lesson: For 30-minute private lessons, if the student arrives less than

15 minutes 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. For group lessons, if

the student is unable to get the horse tacked on their own safely after the instructor is in

the arena with other students, student may audit the remainder of the lesson. Show up 10

minutes early to your lesson to ensure plenty of time.

5. Agreement Cancellation: 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 by the client. Keeping lesson horses for students to ride takes a great deal of

planning, coordination and expenses on the part of a riding school thus advanced notice of

termination is required in order to be a student in MM Horsemanship Academy.

6. Additional Services. Additional services (listed below) requested by the Student and which

Stable agrees to perform will be automatically charged to the Student’s credit/debit card on file

at the time of service at the following rates* below:

Additional Lessons: $90/per lesson
Schooling at a horse show: $75 per day

7. Horse Shows. Student is required to pay Stable a $200 non-refundable deposit of horse show

fees 2 weeks prior to leaving for a show to hold their spot. The deposit will automatically be

charged to the credit card on file. After the horse show, the expenses will be finalized and any

remaining amounts due will be charged to Student’s credit card on file.

Horse show fees:

Hauling: $2.50 per mile each way with a $150 minimum charge

Travel Expenses: Trainer hotel and $30 per diem trainer food will be split equally

among the total number of client/horse combinations going to the show.

Coaching Fee: $75 per day per client.

Horse Day Care: $30 per day per horse

Full Grooming: $40 per day per Client (required for all Students unless special

arrangements have been made)

Set up and Tear down: $50 per show per horse

8. No Guarantee. Stable does not warrant or guarantee any specific level of performance or

results at shows. The results of the riding program are largely based on the student’s effort and

commitment.

9. 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/phone number. All non-

emergency communications shall be between 8am and 5pm Tues to Saturday.

10. Risk Acknowledgement and Assumption of Risk/Release.

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.

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