This AGREEMENT is between CADENCE EQUESTRIAN CENTER, LLC, herein referred to as “CEC”, and club member herein referred to as “MEMBER”. The term of this AGREEMENT will continue month to month unless terminated in writing by either party. The purpose of the AGREEMENT is to provide membership in the Cadence Riding Club located at 14150 S Pine Street, Edmond, OK, 73034. The parties mutually agree to the following terms and conditions:
A. MEMBERSHIP DUES I/WE AGREE THAT: MEMBER agrees to pay CEC non-refundable monthly membership dues in advance on the 1st of each month.
B. INITIATION FEE I/WE AGREE THAT: MEMBER agrees to pay CEC a non-refundable initiation fee of $100.00 upon the signing of this agreement.
C. LATE CHARGE I/WE AGREE THAT: If payment is not received by the 1st day of any month a late charge of $25.00 will be assessed. MEMBERS in arrears may be denied access to the club until account is current.
D. FEE SCHEDULE CHANGES: I/WE AGREE THAT: Fee schedule may change at any time and should fees change, CEC shall give MEMBER no less than 30 days written notice.
E. TACK LOCKER: I/WE AGREE THAT: MEMBER will have use of one tack locker as a part of their membership in the Cadence Riding Club.
F. DAMAGE TO CEC PROPERTY I/WE AGREE THAT: Any damages to CEC property caused by MEMBER, MEMBER’S family, MEMBER’S guests will be the responsibility of the MEMBER.
G. RIGHT OF TERMINATION I/WE AGREE THAT: CEC may terminate this AGREEMENT for any reason which may include but is not limited to, failure to cooperate with CEC management, the welfare and safety of animals and people on premises; and in the event of the discontinuation of business. Normally a 30 day notice will be given. After all fees have been paid in full this AGREEMENT is concluded. Failure to pay fees as due shall entitle CEC to immediately terminate this AGREEMENT. MEMBER may terminate this AGREEMENT by giving 30 days written notice; upon receipt of termination notice, MEMBER will be responsible for 30 days of pro-rata dues.
H. MEMBER RULES AND RESTRICTIONS I/WE AGREE THAT all rules of CEC will be followed and any violations to the following rules will be handled by CEC management and may result in the termination of this AGREEMENT.
I. RULES OF MEMBERSHIP:
Cadence Riding Club members must be at least nine years old to participate with instructor approval required.
Freedom rides are a total of one hour including groom/tack-up time and must be scheduled with the instructor. Specific horses may be requested but can not be guaranteed and will be assigned by the discretion of the instructor. Freedom rides are scheduled by members instructor.
Horses must be properly brushed off, hooves picked before and after each freedom ride. Horses also must be properly warmed up and cooled down on each ride. On warm days, horse must be hosed off for 10 minutes and a sweat scraper to remove excess water before returning horse to his/her stall or pasture.
If horse appears injured, lame or sick, member is to stop riding immediately, dismount, and report problem to a CEC instructor.
Members should pick up all hoof pickings, horse clippings, hair, and manure before leaving the cross-tie area and place in the manure bucket.
Members may use Cadence bridles, saddles, and saddle pads, as well as brushes, picks, etc, but members should clean bridle and saddle after every use and put all tack and supplies back in the proper place after use. Members are encouraged to purchase their own basic grooming supplies, grooming tote, saddle, and saddle pad.
Members may use any riding arena for riding as long as they do not interfere with any riding lessons.
Members may trail ride horses around the property as long as they do not enter any pastures or paddocks and must remain at the walk.
All riders must use proper tack while mounted. Riders are not permitted to ride horses that are wearing blankets or fly masks.
All riders must wear proper riding attire including; long pants, paddock boots, and a certified SEI/ASTM standard equestrian helmet at all times when mounted.
Members and their guests must wear closed-toed shoes at all times while on CEC property. No flip-flops or sandals allowed.
There is no jumping any jumps or any obstacles outside of structured & supervised lessons.
Members may not ride any horse inside the barns or through alleyways.
All horses must be tied in crossties or inside stalls while wearing a serviceable halter only. Always check your tack before riding.
No other persons other than member or members legal guardian may ride or handle horses.
J. MEMBER ACCEPTANCE OF RESPONSIBILITY I/WE ACKNOWLEDGE THAT: MEMBER has inspected premises and/or has in some other way satisfied himself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for MEMBER, MEMBER’S family and any MEMBER’S guests and visitors who enter the premises. MEMBER is responsible for any and all damages, injuries, loss of life caused by or to his/her horse.
K. ASSUMPTION OF RISKS I/WE ACKNOWLEDGE THAT: Risks, conditions, and dangers are inherent in equine activities, regardless of all feasible safety measures which can be taken, and I agree to assume them. The inherent risks include, but are not limited to any of the following: The propensity of an animal to behave in ways that may result in injury, harm, death, or loss to persons on or around the animal; The unpredictability of an equine's reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; Hazards, including, but not limited to, surface or subsurface conditions; A collision, encounter and/or confrontation with another equine, another animal, a person, or an object; The potential of an equine activity participant to act in a negligent manner that may contribute to injury, harm, death, or loss to the participant or to other persons, including but not limited to, failing to maintain control over an equine and/or failing to act within the ability of the participant. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be at a distance of from 3 1/2 to 5 1/2 feet, and the impact may result in harm to the rider. Horseback riding, driving and training are activities in which one much smaller, weaker predator animal (the human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal that has a mind of its own (the horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short; spinning around; changing directions and/or speed at will; shifting its weight; bucking; rearing; kicking; biting; and/or running from danger. I also acknowledge that these are just some of the risks and I agree to assume others not mentioned above. I am not relying on CEC to list all possible risks for me.
L. CONDITIONS OF NATURE WARNING UNFAMILIAR AND SUDDEN SIGHTS, SOUNDS AND MOVEMENTS WARNING I/WE ACKNOWLEDGE THAT: CEC IS NOT responsible for total or partial acts, occurrences, or elements of nature and/or sudden and/or unfamiliar sights, sounds and/or sudden movements that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, or fly near, or bite or sting a horse or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I also understand that these are just some of the risks and I agree to assume others not mentioned above. I am not relying on CEC to list all possible conditions for me.
M. PROTECTIVE HEADGEAR WARNING I/WE AGREE THAT: I for myself and on behalf of my child and/or legal ward have been fully warned and advised by CEC that a SEI/ASTM standard equestrian helmet must be worn by ALL RIDERS at ALL TIMES while riding lunging, training, and/or being near horses, and I understand that the wearing of helmet at these times may reduce severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences. I am not relying on CEC and/or its associates to provide a certified helmet for me or to check any helmet or helmet strap that I may wear, or to monitor my compliance with this rule at any time now or in the future.
N. DIRECT LOSS TO PERSONAL PROPERTY WARNING I/WE AGREE THAT: MEMBER is hereby warned that while on CEC’s premises, direct loss, damage, theft, or injury to MEMBER’S tack, equipment, and other personal property is not covered by CEC's insurance. The party who has the financial interest in and/or owns such items has the responsibility to insure the items under his/her own insurance policies.
O. ACCIDENTAL, PERSONAL AND MEDICAL INSURANCE – I/WE AGREE THAT: Should medical treatment be required, MEMBER or MEMBERS own medical insurance company shall pay for all such incurred expenses.
P. RELEASE OF LIABILITY I/WE AGREE THAT: In consideration of CEC under the terms set forth herein, I, the, undersigned MEMBER, for myself and on behalf of my child and/or legal ward, heirs, administrators, personal representatives or assigns, do agree to release, hold harmless, and discharge CEC, its boarders, agents, employees, officers, directors, representatives, assigns, members, affiliated organizations, and insurers, and others acting on their behalf (hereinafter, collectively referred to as "Associates"), of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to CEC, and/or its Associates ordinary negligence or legal liability; and I do further agree that I shall not bring any claims, demands, legal actions and causes of action, against CEC, and/or its Associates as stated above, in this clause, for any economic and non-economic losses due to bodily injury and/or death and/or property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of CEC, to include while riding, training, handling, or otherwise being near horses owned by me or owned by CEC, or in the care, custody or control of CEC.
IN WITNESS THEREOF, the parties have executed this AGREEMENT on this day and year. This AGREEMENT is subject to the laws of the State of Oklahoma.