Full Stall Boarding

Boarding & Training Agreement

Boarding of Equine.

The Stable agrees to provide an individual stall (the “Stall”) for the equine more particularly described in the Equine Disclosure Form attached hereto as Exhibit A and incorporated herein by reference below (the “Horse”) at the Stable’s equine boarding facilities located at 3270 Jackson Road, Mooresville, North Carolina 28115 (the “Farm”) according to the terms and conditions set forth in this Agreement.

Term.

The term of this Agreement shall be month to month until terminated as provided herein (the “Term”), with a thirty-day notice required for either party hereto to terminate. In the event Boarder or the Stable gives the required 30 days’ written notice of termination required by paragraph 9 below, the Stable shall prorate any monthly fees to account for the partial month and Boarder shall only owe such prorated amount for any partial month remaining in the Term. However, if Boarder does not give 30 days’ written notice of termination of this Agreement, the Stable shall have no obligation to prorate any payments made hereunder or refund any portion of a partial month. Ancillary Services incurred which are charged on a per-occurrence basis rather than monthly (see paragraph 5(g)) will not be prorated and must be paid in full prior to Boarder’s departure from the Farm.

Representations and Warranties by Boarder.

a. Ownership. Boarder represents and warrants that she or he is the lawful owner, lessee and/or possessor of the Horse and will provide written documentation of the same to Stable prior to the Horse’s arrival at the Farm.

b. Health and Behavior. Boarder represents and warrants that the information contained in the Equine Disclosure Form attached hereto and incorporated herein by reference is complete, true and accurate with regard to the Horse and that, except as specifically described in attached the Equine Disclosure Form, the Horse is free from vices and behaviors which could endanger it, other horses, property, other farm or domestic animals or persons.

Responsibilities of Boarder.

1. Care of the Horse. Boarder shall remain responsible for the health and welfare of the Horse, including but not limited to responsibility for determining the need for and providing all needed veterinary care and treatment, vaccinations, exercise, shoeing, farrier care, nutritional analysis and grooming, with Stable being authorized to act with regard to these matters as provided herein.

2. Mucking. Included board fee.

3. Turnout. Boarder will have nonexclusive use of certain pastures and paddocks on the Farm designated by the Stable for turnout for the Horse. In the event the Horse requires individual turnout because of health or behavioral issues, the Stable will determine whether such individual turnout is able to be accommodated based upon the total number of horses housed on the Farm at that time.

4. Supplements & Medications. Boarder shall be responsible for providing to the Horse (which require it, if any) (i) medications prescribed by a licensed veterinarian; and/or (ii) supplements.

5. Vaccinations/Deworming/Coggins. All horses at the Farm are required to be on a regular worming and vaccination program that is coordinated with the Stable so that (for the protection of all horses on the Farm) all are dewormed (and/or fecal tested) or vaccinated within one week of each other when at all possible and such vaccinations are performed by or under the supervision of a veterinarian licensed by the State of North Carolina. Vaccinations which are required by Stable will be determined by the Stable’s lead veterinarian. Boarder will provide Stable with proof of the required vaccinations prior to or within ten days after the expiration of the current vaccinations. Boarder will ensure the Horse at all times has a current negative Coggins on file with the Stable and will alert the Stable immediately upon learning of a positive Coggins (indicating the active presence in the Horse of Equine Infectious Anemia) or a positive test for any other infectious disease in the Horse, including but not limited to Strangles, Rabies, Equine Metritis, Equine Encephalitis, Equine Herpes, Equine Piroplasmosis, Equine Viral Arteritis, Vesicular Stomatitis and West Nile Virus.

6. Current information. Boarder shall ensure the Stable has all relevant information about the Horse and shall keep all information given to the Stable current.

7. Barn (Farm) Rules. When present on the Farm, Boarder shall comply with the attached “Barn Rules” applicable to all activities on the Farm, as amended by the Stable from time to time in its sole discretion.

8. Payment of Board and Costs. Boarder shall pay all amounts owed under this Agreement as detailed in paragraph 6 below and otherwise.

9. Insurance. Boarder or the Horse’s owners or lessees (if not Boarder) shall purchase adequate mortality, health or other insurance that it desires to cover his/her/its Horse at their sole expense and shall provide to the Stable necessary insurance contact information. The Stable does NOT insure the Horse or the Boarder’s other personal property; it is Boarder’s sole responsibility to do so should insurance coverage be desired by Boarder.

10. Certifications. Boarder (and not the Stable) will be responsible for signing any FEI or other competition paperwork required to certify that no banned substances have been given to the Horse or is present in the Horse.

Responsibilities of the Stable.

1. Stall. To provide a Stall for the Horse.

2. Bedding. To providing bedding for the Horse.

3. Water. To provide the Horse with continuous access to fresh water.

4. Hay. To providing the Horse with an appropriate quantity of horse quality hay on a daily basis.

5. Feed. To providing the Horse with horse feed in appropriate amounts and times on a daily basis.

6. Access. When present on the Farm, Boarder shall have nonexclusive access to the Farm, certain designated equipment, round pen, riding rings, pastures and designated trails only during the hours set forth in the Barn Rules.

7. Riding Areas. The Stable will make available for Boarder’s non-exclusive use when Boarder is present on the Farm an outdoor riding ring, a round pen, pastures and designated trails (collectively, the “Riding Areas”). When present on the Farm, Boarder may have non-exclusive use of the Riding Areas during the hours specified in the Barn Rules and at such other times, if any, as the Stable makes the same available. The Stable may implement time limits for use of a Riding Area in order to accommodate all those who are entitled to access to the Riding Areas.

8. Tack storage. The Stable will provide for Boarder non-exclusive use of an area for tack storage which area may or may not be secured during hours that the Farm is closed. Boarder assumes all responsibility for the safety or security of items which the Boarder chooses to store in such area. Boarder also acknowledges that the Stable is NOT obligated to insure Boarder’s personal property and that it is Boarder’s responsibility to insure Boarder’s own tack and other personal property against damage or theft and that Boarder’s use of any tack storage area at the Farm is at Boarder’s own risk.

9. No Insurance. In addition to the Stable having NO responsibility to insure Boarder’s tack and other personal property, Boarder also acknowledges that the Stable has NO obligation to insure the Horse against injury, illness, mortality or any other hazard. Boarder shall, at Boarder’s own expense, provide any desired health, mortality or liability insurance coverage on the Horse and shall provide current contact information regarding such coverages to the Stable. The Stable shall use reasonable efforts to make such contacts in the case of an emergency but shall in no event be liable for a failure to do so.

10. Additional Ancillary Services. The Stable may, but shall not be required to, provide additional ancillary services listed on Exhibit B attached hereto and incorporated herein by reference, if any (the “Ancillary Services”) at the cost reflected thereon, which Ancillary Services and the related costs are subject to change at any time in the Stable’s sole discretion and with any Ancillary Services so offered being subject to discontinuation by the Stable at any time without notice with regard to any one or more horses at the Farm, including the Horse. NOTE: Boarder acknowledges that if he or she utilizes some or all of the Ancillary Services, it is at Boarder’s own risk. The Stable does NOT have insurance coverage on the Horse, even in the event of loss during trailering by the Stable, if available. Accordingly, Boarder is responsible for acquiring and paying the premium for any insurance coverage purchased to protect the Horse and Boarder against any loss.

Boarding, Other Fees and Deposit.

(a) The monthly fee for the services and items listed in paragraph 1 through 10 above (the “Responsibilities of the Stable”) shall be $2000 per Stall, such monthly fees to be due and payable on or before the 7th of each calendar month.

(b) Fees for the Ancillary Services incurred by Boarder, if any, shall be invoiced by the 30th of the month and shall be due and payable on or before the 7th of the next month.

(c) Should payment for the Basic Services not be received by the 7th of the month (or, for the Ancillary Services, by the 7th of the month) or be returned for insufficient funds, the Stable shall add to Boarder’s account with the Stable a late charge of (a) 5% of the total invoice; plus, if applicable, (b) the greater of $100.00 or the aggregate of NSF fees charged to the Stable as a result of Boarder’s deficient payment.

(d) Payment should be made to the Stable by ACH, PayPal, Venmo, Zelle, Cash or Check (payable to Dana Cooke Equestrian) at the address provided to Boarder by the Stable.

(e) Payments made via Paypal or Venmo will be subject to a 2.99% transaction fee.

Emergency Care.

Should the Stable, in its sole discretion, determine in Boarder’s absence that the Horse may be in need of veterinary care or treatment, it shall make reasonable efforts to notify Boarder at the telephone numbers provided to it for such purposes by Boarder. If unable to reach Boarder, the Stable shall be authorized to request on behalf of Boarder the services of the veterinarian specified by Boarder, or any other veterinarian if circumstances so require. The Boarder shall state any limitations on treatment in a writing given to the Stable in advance or no limitations will be assumed to apply. The cost of any such emergency calls, care or treatment shall be the sole responsibility of Boarder and shall be paid by Boarder promptly. Under no circumstances shall the Stable or its owners, agents, managers, employees or affiliates be liable for any action taken or not taken relating to emergency care of the Horse, whether negligent or not.

Horse Trailers.

If Boarder chooses to park a horse trailer(s) (understanding that only those trailers which carry the minimum required liability insurance and have a current, valid registration in Boarder’s name are eligible to be on the Farm at any time) on the Farm at the cost listed on Exhibit B, they will park only in such areas as are designated by the Stable from time to time. The Stable assumes no responsibility for the trailers parked on the Farm, nor for such trailers’ contents. Boarder will indemnify and hold harmless the Stable Indemnitees (as defined in the Waiver and Release) from any damage or loss suffered by the Stable or persons rightfully present at the Stable which are caused as a result of the trailer’s presence on the Farm.

Termination

a. For Cause. The Stable may terminate this Agreement without prior notice if (i) there is a breach on the part of Boarder (including but not limited to failure to be truthful on Equine Disclosure Forms, violation of any Barn Rules, etc); (ii) if the Stable has reason to believe that the Horse may have a communicable disease; or (iii) if termination is necessary for other emergent or safety reasons.

b. Upon Notice. Either party may terminate this Agreement (for any reason or no reason) upon 30 days’ advance written notice in writing sent, in the case of the Stable, via properly delivered email to Dana Cooke at dana@dcequestrian.com accompanied by a simultaneous text to her to (704) 441-2609 and in the case of Boarder, at any of the addresses (email, physical or mailing) for Boarder shown above or in paragraph 15 below.

c. Survival of Waiver and Release. The terms of the Waiver and Release (defined below) are incorporated into this document by reference and its provisions shall survive the termination of this Agreement.

Lien and Impoundment Rights.

Boarder acknowledges and agrees that the Stable has lien and impoundment rights pursuant to North Carolina General Statutes for all monies owed under this Agreement and that pursuant to those state laws the Stable may sell the Horse to satisfy Boarder’s unpaid bills. The Horse may not be removed from the Farm except with express prior written permission of the Stable unless and until all monies owed hereunder to the Stable have been paid.

Liability, Risk of Loss or Damage, and Insurance.

The parties have apportioned potential legal liability in a separate agreement entitled Dana Cooke Equestrian Liability Waiver, Release, Hold Harmless and Risk Acknowledgement Agreement (the “Waiver and Release”), which Waiver and Release is incorporated herein by reference.

Insurance Coverage.

As stated above, it is the responsibility of Boarder to carry full and complete insurance coverage on the Boarder, the Horse, other persons permitted by Boarder to visit the Farm and/or interact with the Horse and all of Boarder’s personal property. The Stable recommends that Boarder have all of Boarder’s tack and other personal property insured. If the Horse is insured, Boarder must list insurance information below (attaching additional pages if necessary) and keep the Stable notified at all times of any updates to this information:

Farm Hours.

Routine hours that the Farm is open are 7am to 8pm Sunday through Saturday. Hours may vary based upon seasonal changes, weather conditions, and/or holiday schedules and such modifications will be posted in the barn or emailed to Boarder.

***Children under 16 years old are not allowed on the Farm unless supervised on site by a parent or legal guardian.

Training.

DCE will provide training rides (up to 5 rides per week) or lessons (up to 3 per week) or a combination of both. Lessons and training rides will be provided by Dana or DCE Equestrian Director/Assistant Equestrian Director/Assistant Trainers. Working students or other DCE employees may help with hacking/lunging/schooling under direction and supervision of Dana or DCE Equestrian Director/Assistant Equestrian Director/Assistant Trainers. Training rides include but are not limited to dressage, show jumping, cross country, hacking, lunging, trot sets, etc…

Miscellaneous.

This Agreement: (a) contains the entire agreement between Boarder and the Stable and supersedes all prior written or oral understandings among the same regarding the terms hereof; (b) may not be amended or modified except in a writing signed by Boarder and an authorized representative of the Stable; (c) shall be construed and enforced in accordance with the laws of the State of North Carolina; (d) has been carefully reviewed and is fully understood by the Boarder and, if desired, has been reviewed by Boarder’s independent counsel; (e) shall be binding upon the Stable, Boarder and their respective successors, assigns, heirs and personal representatives; and (f) shall be for the benefit of the Stable and the Stable Indemnitees (as defined in the Waiver and Release). Boarder and the Stable both irrevocably consent to the exclusive jurisdiction of the courts of Mecklenburg County, North Carolina as the appropriate venue for the resolution of any disputes which may arise hereunder. When the contexts in which words are used in this Agreement indicate that such is the intent, words in the singular shall include the plural and vice versa. The parties hereto further agree that if any paragraph or part of this Agreement is found to be void or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall not be affected by such a finding.

This Agreement sets out the entire agreement between the parties and may not be modified unless done so in a written document signed by both parties hereto. The rights and obligations under this Agreement may not be assigned by Boarder. Should Boarder lease or loan the Horse while it is being boarded hereunder, the lessee(s)/borrower(s) must execute the Waiver and Release and, for liability reasons, the Stable expressly reserves the right to refuse at any time to allow any person, whether Boarder or any other person, including a lessee or trainer or anyone else, to come onto the Farm or to ride any horse present on the Farm, including the Horse, in the Stable’s sole discretion, should the Stable determine there is a safety concern warranting such refusal.

Horse Abandonment.

PURSUANT TO N.C. GENERAL STATUTES §68-17(b), THE OWNER OF THIS FACILITY IS ENTITLED TO SELL, TRANSFER, OR OTHERWISE HUMANELY DISPOSE OF ANY HORSE ABANDONED AT THIS FACILITY FOR A PERIOD OF MORE THAN TWO MONTHS.

HORSES ARE DEEMED TO BE ABANDONED IF:

1. PLACED IN THE CUSTODY OF THIS FACILITY FOR TREATMENT, BOARDING OR CARE:

2. THE OWNER OF THE HORSE DOES NOT RETAKE CUSTODY OF THE ANIMAL WITHIN TWO MONTHS AFTER THE LAST DAY THE OWNER OR SOMEONE ELSE PAID A FEE TO THE FACILITY FOR THE TREATMENT, BOARDING OR CARE OF THE HORSE; AND

3. THE FACILITY HAS MADE REASONABLE ATTEMPTS TO COLLECT ANY PAST DUE FEES DURING SUCH A TWO-MONTH PERIOD.

Owner Certification.

By submitting the form below, I verify that I have read and understand all the Barn Rules and that I agree to abide by them and all terms of this Agreement, including the terms of the Waiver and Release referenced herein. I CERTIFY THAT THE SUBMITTED INFORMATION IS PROVIDED BY ME AND IS TRUE, COMPLETE AND ACCURATE.

Exhibit B

Ancillary Services*

*(services offered, frequency and cost of same being subject to change at any time in Stable’s sole discretion)

Farrier/Dental/Chiro/etc: Service Provider’s Pricing

• Basic Farrier (1 set of 4 shoes per month) and 1 Dental visit per year are included in Premier Boarding

Farrier – Shoe Repair - Dana: $50 per shoe

Competition Coaching/Riding - Dana: $65 per phase

Competition Coaching/Riding – Tarra/Sam: $60 per phase

Pre-Competition Bath: $50

Mane/Tail pulling: $50 each

• Mane pulling is included in Premier Boarding

Braiding: $50

Clipping

• Full Body – No legs/No Face: $150

• Full Body – Face/No legs: $175

• Full Body – Everything: $200

• 1 full body clip per year is included in Premier Boarding

Shipping: $1 per mile

Competition Grooming and Care: $175 per day

Competiton Care (stall mucking, feeding, etc…): $75 per day

Packing and unpacking for competition: $50 each

Medications (naquadex, banamine, bute, dormosedan, previcox, etc…): Market price

Blanket Cleaning: Company pricing

• Blanket cleaning 1 time per year is included in Premier Boarding

Supplements (besides electrolytes): Market price

Shavings for competitions: $8 per bag

Daily Tack Cleaning: $200 per month

• Tack cleaning is included in Premier Boarding

Exhibit C

Barn/Farm Rules

For everyone present on the Farm:

1. Presence on the Farm and all horseback riding and farm activities are at your own risk.

2. All riders/guests must abide by posted barn rules.

3. Everyone must have a current Dana Cooke Equestrian Liability Waiver & Release Agreement on file before riding or being in close proximity to any horse on the Farm.

4. Persons present on the Farm who are under the age of 16 MUST be supervised by a parent or legal guardian at all times, whether mounted or not.

5. NO tobacco use (SMOKING, chewing, etc) or alcohol use is permitted on the Farm at any time except by residents of the Farm.

6. No illegal drug use permitted on the Farm or offsite at Farm activities.

7. Other than the owners of the Farm, no one is permitted to bring firearms onto the premises.

Farm property.

1. No bare feet or sandals in the barn area.

2. A cross country vest must be warn if jumping cross country jumps.

3. Beware and stay clear of the electrified wire which is along the fencing on the Farm.

4. Do not feed anything to any horse other than your own without FIRST getting the owner’s permission.

5. Horses are unpredictable and may kick or bite; do not feed, startle, annoy or tease the animals.

6. Immediately report any accident or injury to a person or horse, property damage or dangerous condition on the Farm to Dana Cooke at (704) 441-2609.

7. Medicine cabinets, tool rooms, feed rooms and hay trailers are for employee use only.

8. NO UNLEASHED DOGS OR OTHER ANIMALS/PETS ALLOWED ON FARM EXCEPT THOSE OWNED BY Dana Cooke unless prior written permission is given by Dana Cooke.

9. No parties or other gatherings are permitted on the Farm without the prior written permission of Dana Cooke.

10. Only Stable management, employees, veterinarians (and their technicians), farriers, other horse professionals or horse owners/lessees may enter stalls.

11. If you open a gate, please close it.

12. Please clean up after yourself.

All Riders/Boarders.

1. Please do not use or borrow another boarder’s/horse owner’s mediation, feed or horse supplies without the permission of that boarder/owner.

2. Be diligent in caring for your items and be sure all your items are insured. The Stable is not responsible for the theft or loss of any items in lockers, the tack room or anywhere else on the Farm. Although some tack areas may be locked if possible, assume that the tack room facilities are NOT locked.

3. All riders must wear a properly fitted certified SEI/ASTM safety approved helmet with the harness fastened and a closed-toe, hard sole shoe with heel.

4. Keep your horses in a halter and lead line to graze or lead.

5. Please clean up after yourself. Do not leave tack or other belongings other than in their designated areas.

6. Please clean up after your horse. Wheelbarrow, pitch forks, brooms and large dustpans are provided for your convenience. Roll up hose and turn off water if no one is using it after you.

7. No riding is allowed in the fields when horses are turned out there.

8. DO NOT store any food in the tack room. Horse treats should only be kept in a sealed container or we will end up with rats and other vermin.

9. Children under age 18 may not use cell phones when mounted.

10. Lessons have arena/ring priority.

11. Time limits may be imposed for use of arena/ring when necessary.

12. Horses must be transported to and from the Farm in a licensed trailer appropriate for such horses.

13. No lunging horses in the arena/ring while someone else is riding.

14. Only store tack and tack trunks in designated areas. You are responsible for insuring your own personal property. The Stable does NOT have insurance covering your property.

15. Hay is given to horses only by the Stable, the horse’s owner or a person designated by the owner during A.M., P.M., Lunch or Lates feeding times. Please contact Dana Cooke (704) 441-2609 if there is any problem with hay.