Overnight Board

Boarding Services Agreement

Background Statement

This Agreement establishes the terms and conditions pursuant to which DCE will provide certain services to Owner at DCE’s equine facilities located at 3270 Jackson Road, Mooresville, NC 28115 (“Facility”) as further set forth herein.

Statement of Agreement

Boarding Fee. In exchange for DCE’s provision of services as further set forth in Section 5 of this Agreement, Owner will pay DCE LLC $60 per day for each Boarded Horse upon arrival at the Facility. Following termination of this Agreement, if a Boarded Horse is not removed from the Facility, the Boarding Fee will accrue on a daily basis and be payable on demand by DCE LLC.

Required Paperwork:Unless otherwise agreed in writing, “Required Paperwork” shall mean (i) evidence of a negative Coggins test must be provided prior to the arrival of the horse(s) at Dana Cooke Equestrian LLC; and, (ii) Owner must sign and submit to Dana Cooke Equestrian LLC a copy of Dana Cooke Equestrian LLC’s waiver agreement. This Agreement will cover each horse (each, a “Boarded Horse”) in respect of which the Required Paperwork has been submitted to DCE LLC and is accepted as a Boarded Horse by DCE LLC.

Term of Agreement.This Agreement shall continue day-to-day until terminated by either party.

Waiver Required.To enter the Facility, Owner must sign DCE LLC’s Release, Waiver, Hold Harmless, and Indemnification Agreement and, when present, Owner must obey DCE LLC’s posted rules.

Services. Unless otherwise agreed in writing, in respect of each Boarded Horse, DCE LLC will provide a stall and two bags of clean bedding

Services Not Provided.For the avoidance of doubt, Services provided are only those specified above and do NOT include any additional services, including, but not limited to:

feed and feeding

watering

placement and removal of blankets

pasture turnout

Owner Representations and Warranties: Each time a Boarded Horse is delivered to the Facility, Owner represents and warrants to DCE LLC that:

Owner owns Boarded Horse or is the authorized representative of the owner and was and remains duly authorized to enter into this Agreement;

To the best of Owner’s knowledge after reasonable enquiry, that Boarded Horse is free of all infectious, contagious, or communicable diseases; and

Owner has reviewed and understands DCE LLC’s rules and will follow such rules as amended from time to time in DCE LLC’s sole discretion.

Risks and Insurance. Owner bears all risks related to each Boarded Horse, including without limitation loss from fire, theft, running away, death, injury to person or Boarded Horse on or off property, injury, sickness, disease, and whether in connection with its boarding, training, competition, handling, or transportation, or otherwise. Owner shall be solely responsible for maintaining other insurance on any Boarded Horse, including, without limitation, public liability and theft. Owner assumes full responsibility for all equipment stored at the stable.

Indemnification by Owner. Owner agrees to indemnify, defend, and hold harmless, Dana Cooke Equestrian LLC, Kingfisher Park Equestrian LLC, Kingfisher Park Farming LLC, DJ Crawford Farms, LLC, Hugh N. Wrigley, Diana J. Crawford, Dana Cooke and their affiliates, and their respective directors, members, managers, officers, agents and employees from and against any and all third-party liabilities, obligations, damages, penalties, claims, costs, charges, impositions, losses and expenses (including without limitation reasonable fees and expenses of attorneys, expert witnesses and other consultants) arising out of or resulting from the performance or nonperformance of Owner’s obligations or a breach of Owner’s representations and warranties under this Agreement, directly or indirectly, and whether such liabilities, obligations, damages, penalties, claims, costs, charges, impositions, losses and expenses arise before, during or after services are provided under this Agreement. This paragraph shall survive the termination or expiration of this Agreement.

Liability Limits, Warranty Disclaimer, Indemnification, and Hold Harmless. OWNER HEREBY RELEASES AND DISCHARGES DANA COOKE EQUESTRIAN LLC, DJ CRAWFORD FARMS, LLC, KINGFISHER PARK EQUESTRIAN LLC, KINGFISHER PARK FARMING LLC, DIANA J. CRAWFORD, HUGH N. WRIGLEY, DANA COOKE AND THEIR OWNERS, AFFILIATES, AGENTS, EMPLOYEES, TRUSTEES, BENEFICIARIES, WORKING STUDENTS, VOLUNTEERS, INDEPENDENT CONTRACTORS, TRAINERS, CLINICIANS, GUESTS, VISITORS, INVITEES, MEMBERS, MANAGERS, ANY OTHER OWNERS OF ANY FACILITY WHERE RELEVANT EQUINE ACTIVITIES ARE CONDUCTED, AND ALL OTHERS ACTING ON THEIR BEHALF, REGARDLESS OF WHETHER OWNER’S PRESENCE ON SUCH REAL PROPERTY IS RELATED TO HORSES OR EQUINE ACTIVITIES, AND ANY SUCCESSORS AND ASSIGNS OF ANY OF THE AFOREMENTIONED ENTITIES OR INDIVIDUALS (ALL COLLECTIVELY THE “RELEASE PARTIES” AND EACH A “RELEASED PARTY”)  FROM ANY AND ALL INJURIES, LOSSES, LIABILITIES, CAUSES OF ACTION, SUITS, CLAIMS,  AND DAMAGES (INCLUDING ATTORNEY’S FEES AND COSTS) RELATED TO ANY CAUSE GROWING OUT OF OR AS A RESULT OF THE PROVISION OF THE SERVICES CONTEMPLATED BY THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY ILLNESS, INJURY, DEATH, OR ANY OTHER LOSS TO THE OWNER OR HIS/HER GUESTS, VISITORS, OR OTHER THIRD PARTIES, OR ANY ILLNESS, INJURY, DEATH, OR ANY OTHER LOSS THE BOARDED HORSE SUFFERS WHILE AT THE BOARDING FACILITY, OFF THE FACILITY PROPERTY, OR OTHERWISE IN THE RELEASED PARTIES’ CARE, CUSTODY, OR CONTROL, OR FOR ANY LOSS OR DAMAGE TO OWNER’S OTHER PERSONAL PROPERTY ON OR OFF OF THE BOARDING FACILITY PROPERTY, OR ANY OTHER ILLNESS, INJURY, DEATH OR ANY OTHER LOSS CONNECTED WITH BOARDING, HANDLING, TRANSPORTING, TRAINING, OR OTHER SERVICES PROVIDED TO OR FOR THE BOARDED HORSE BY RELEASED PARTIES, REGARDLESS OF WHETHER CAUSED BY NEGLIGENCE OR OTHER WRONGDOING. OWNER UNDERSTANDS AND ACCEPTS ANY AND ALL RISKS AND DANGERS, KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, OF ENGAGING IN EQUINE ACTIVITIES, INCLUDING BUT NOT LIMITED TO (I) THE PROPENSITY OF AN EQUINE TO BEHAVE IN A WAY THAT MAY RESULT IN INJURY OR DEATH TO A PERSON ON OR NEAR IT, (II) THE UNPREDICTABILITY OF AN EQUINE’S REACTION TO SOUND, MOVEMENT, OR UNFAMILIAR OBJECT, PERSON OR ANIMAL, (III) A COLLISION WITH AN OBJECT OR ANOTHER ANIMAL, (IV) THE POTENTIAL FOR A PERSON PARTICIPATING IN AN EQUINE ACTIVITY OR OTHERWISE BEING ON OR AROUND EQUINES TO ACT IN A NEGLIGENT MANNER, TO FAIL TO CONTROL THE EQUINE OR TO NOT ACT WITHIN HIS OR HER ABILITY, AND (V) NATURAL HAZARDS, INCLUDING SURFACE AND SUBSURFACE CONDITIONS. OWNER UNDERSTANDS AND ACCEPTS THESE RISKS EXIST EVEN WHILE NOT ENGAGED IN EQUINE ACTIVITIES. OWNER AGREES FOR OWNER, HIS/HER AGENTS, REPRESENTATIVES AND FAMILY THAT NO WARRANTIES OR REPRESENTATIONS AS TO THE CONDITION OR SAFETY OF THE FACILITY HAVE BEEN MADE AND RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DAMAGES TO OWNER OR HIS/HER AGENTS, REPRESENTATIVES OR FAMILY, WHETHER AS A RESULT OF NEGLIGENCE, GROSS NEGLIGENCE OR WITHOUT FAULT. OWNER AGREES TO INDEMNIFY, RELEASE, AND HOLD RELEASED PARTIES HARMLESS FOR ANY ILLNESS, INJURY, DEATH, DAMAGE, OR OTHER LOSS INCURRED. IN NO EVENT SHALL THE RELEASED PARTIES BE HELD LIABLE TO OWNER FOR EQUINE DEATH OR INJURY IN EXCESS OF FIVE HUNDRED DOLLARS ($500) PER BOARDED HORSE.

Governing Law, Attorney’s Fees, and Time Limitation. This Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina without regard to conflict of laws principles. All disputes relating to the interpretation and enforcement of the provisions of this Agreement shall be resolved exclusively by the state courts located in Iredell County, North Carolina, and the parties hereto hereby submit to the exclusive jurisdiction and venue of the court for such purpose. Owner agrees that any and all claims and/or causes of action brought by Owner or on his/her own behalf and/or on behalf of Owner’s minor child(ren), family members or guests, of whatever kind, on whatever legal theory, whether based in tort or contract, for injury, death, property damage, or other claims or losses, against Released Parties, must be brought within one (1) year of the date of the occurrence or contract breach giving rise to such claim or loss.

Entire Agreement; Assignment.This constitutes the entire Agreement between the parties. Any modifications MUST be in writing and signed by all parties to this Agreement. This Agreement and any rights, obligations or interests arising under this Agreement shall not be assigned by Owner without the written consent of DCE LLC. If the Facility closes down, or DCE LLC terminates or relocates her business for any reason whatsoever, DCE LLC will provide Owner thirty (30) days written notice to remove the Boarded Horse from the Facility property, (unless other arrangements are made in writing by and between Owner and the boarding facility or Owner and DCE LLC), and DCE LLC shall be released from and held harmless for any further obligations under this Agreement. This Agreement shall inure to the benefit of, and shall be binding on Owner, his/her spouse, heirs, beneficiaries, parents, family, legal guardian, agents, permitted assigns, successors in interest, estates, guests, visitors, or other invitees.