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HomeMy WebLinkAboutRES 98-225 RESOLUTION NO. �' �5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Patrick Sykes to lease and operate the Tyrrell Park Riding Stables. The agreement is substantially in the form attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the.aT.4( day of 1996. - Mayor - THE STATE OF TEXAS § LEASE AGREEMENT COUNTY OF JEFFERSON § This lease agreement is made and entered into this day by and between the City of Beaumont, a municipal corporation of the State of Texas (herein called "Landlord") and Patrick D. Sykes, an individual domiciled in Jasper County, Texas (herein called "Tenant"), for the operation of the Tyrrell Park Riding Stables located at Tyrrell Park in Beaumont, Texas, and owned by Landlord, including horse stables, office, arena, pasture, caretaker's house, garage and riding trails as indicated on the attached Exhibit `A' (herein called "Stables"), upon the terms and conditions herein contained: 1. For and in consideration of the terms and conditions herein contained, Tenant shall manage, operate and maintain the Stables during the term hereof as described in his proposal, attached hereto as Exhibit 'B' and made a part hereof for all purposes. 2. This Agreement shall be for an initial term of three (3) years, commencing on the 1st day of September, 1998 and ending on the 31st day of August, 2001. Upon expiration of the initial term, this Agreement may be extended, upon the same terms and conditions, for additional terms of one (1)year each at a rental rate to be negotiated between Landlord and Tenant; provided, however, that the Landlord may terminate this Agreement for cause at any time with thirty (30) days written notice to Tenant, and without cause with sixty (60) days written notice prior to the expiration of the initial three (3)year term or any extension thereof, and the Tenant may terminate this Agreement for any reason after the initial three (3)year term of this Agreement has elapsed, by written notice to the City thirty (30) days prior to the date of the intended termination. EXHIBIT "A" 3. Rental amount for the initial term of this Agreement shall be Three Thousand Six Hundred Dollars ($3,600.00), payable in monthly installments of One Hundred Dollars ($100.00), due on or before the first (1st) day of each month. 4. Tenant shall be an independent contractor, not an employee of Landlord, and all persons employed by Tenant shall be his employees and shall not be employees of Landlord. 5. Tenant shall, at his own cost and expense and with competent persons employed by Tenant. operate and maintain the Stables and all livestock boarded by clients, as well as all Tenant-owned livestock, in strict accordance with safety programs, rules, regulations and operating procedures, and any amendments thereto, established by the North American Horsemen's Association (herein NAHA) for commercial horse operations, attached hereto as Exhibit 'C'. Any horse shows, camps, clinics, horse and carriage rides, covered wagon rides, barn tours, pony rides, trail rides, etc., offered by Tenant shall be conducted in strict accordance with the guidelines and safety procedures set by the NAHA. Tenant shall obtain and maintain a "Commercial Riding Stable Certificate" from the Texas Department of Health in accordance with the Riding Stables Act, Article 4447aa, Section 827.003 of Vernon's Texas Civil Statutes, prior to the start of any operations at the Stables. Tenant shall report violations of any equestrian laws, and specifically lack of proof of Coggins immunizations, to the State of Texas Animal Health Commission (John Bryant, Lufkin field office, (409) 639-9538). Tenant agrees to conform to all policies, rules and regulations of the City, and all City ordinances, and State and Federal statutes. 6. Tenant shall establish rules and regulations for operation of the Stables, as well as a schedule of all rental fees, horse training fees, riding lesson fees, food, beverage, tack and riding apparel sales, and all other revenues to be derived from Tenant's operation of the Stables and obtain written approval of the City Manager prior to the effective date hereof. Such approval will not be unreasonably withheld. Tenant shall maintain books and records, in a manner acceptable to the Landlord, accounting for all sales and rental fees received. The books and records maintained by Tenant shall be available to the Landlord or its agents for inspection at all reasonable times. Tenant shall, at his own cost and expense, furnish all inventory and merchandise to be sold on the premises by Tenant, if any. Tenant shall submit a report of attendance, events sponsored and participation in activities at the Stables to the Parks and Recreation Department by the seventh (7th) day of each month. 7. Tenant shall, at his own cost and expense, furnish all equipment, including a minimum of six (6) horses, tack, feed and similar equipment and supplies necessary to operate and maintain the Stables. Tenant accepts the Stables in their "as is" condition as of the date of execution of this agreement. Tenant shall move temporary shelters, horse panels, equipment and livestock to the leased premises at the commencement of this Agreement and shall complete the work and improvements outlined in his proposal within ninety (90) days. An extension may be allowed for the - completion of improvements if agreed in writing between the parties to this Agreement. Tenant shall operate the Stables on a full-time basis, between the hours of 9:00 a.m. and 6:00 p.m., dosing for lunch between 12:00 noon and 1:30 p.m., Tuesdays through Saturdays. Any changes in the hours of operation must be approved in writing by the Director of Parks and Recreation. Tenant shall confine all riding activities to the Stables and riding trails; no riding is allowed on Tyrrell Park property except in the Stable areas which are encompassed by this Lease Agreement. Tenant may be granted use of other areas only by written approval of the Director of Parks and Recreation. Tenant and his customers, clients and patrons shall drive and park only in designated areas; vehicles are only permitted on grass areas for the temporary transport of supplies and equipment. Tenant shall be responsible for controlling flies at the Stables and for removing manure from the stable areas at least once a month. Stored manure must be limed and sprayed to control flies. Tenant shall remove manure from stalls on a daily basis. Tenant shall be responsible for locking the side gates at the Stables and the Downs Road entrance at dark each day. Tenant shall be responsible for the timely payment of all utility services and for all mowing, repairs and routine general maintenance at the riding stable and arena area. Tenant shall be responsible for keeping the Stables free of any litter, trash or debris and shall adhere to all regulations governing its disposal. Any violation of any term of this lease agreement must be abated within forty-eight (48) hours after notice by Landlord to Tenant. 8. Landlord may, at its own cost and expense, make capital improvements to the Stables, subject to the appropriation of City funds therefor. Landlord shall consult with the Tenant prior to --- making any such capital improvements. Landlord shall provide maintenance and upkeep for the roof, exterior walls, etc. of existing structures at the Stables and for all riding trails. Landlord shall provide metal stalls to be used along back row of stalls in the barn when Tenant removes existing wooden stalls in that area; however these metal stalls, as well as any and all other improvements, additions or modifications to the Stables shall remain the property of the Landlord. 9. Tenant hereby indemnifies the City of Beaumont from any and all liabilities, claims, damages, injuries and costs which may arise against the City of Beaumont for any claims, damages, injuries, liabilities, suits and costs arising from operation of the Stables, specifically including such liabilities, claims, damages, injuries, suits and costs which arise from the sole negligence of Landlord. 10. Tenant shall, at his own cost and expense, prior to the commencement of the term hereof, furnish Landlord with certificates of insurance satisfactory to Landlord indicating the existence of statutory worker's compensation insurance, if applicable, public liability and property damage insurance covering Tenant's operations hereunder, including contractual liability coverage for the indemnity agreement provided in Paragraph 9 hereof, and automobile bodily injury and property damage liability insurance on all vehicles used by Tenant in his operations hereunder. The limits of public liability, property damage insurance and contractual liability insurance shall not be less than Five Hundred Thousand Dollars ($500,000.00) per occurrence with an aggregate limit of One Million Dollars ($1,000,000.00). The limits of comprehensive automobile liability insurance, including bodily injury and property damage, shall not be less than Five Hundred Thousand Dollars ($500,000.00) per occurrence. The insurance required hereunder shall be provided through companies satisfactory to Landlord and shall name the Landlord as an additional insured. The certificates of insurance furnished hereunder shall provide that Landlord shall be notified thirty (30) days prior to the cancellations of such insurance coverage. 11. This Agreement shall not be transferred or assigned by the Tenant without the prior approval of the Landlord. 12. Any written notice to be given hereunder by either party to the other party shall be effected by certified mail, return receipt requested. Notice to Tenant shall be sufficient if made or addressed to: Patrick D. Sykes Hidden Falls Ranch P. O. Box 5252 Sam Rayburn, Texas 75951 Notice to the Landlord shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this Paragraph. EXECUTED THIS DAY OF 1998. LANDLORD TENANT CITY OF BEAUMONT PATRICK D. SYKES Ray A. Riley, City Manager Patrick D. Sykes < , EXHIBIT 'A' North DD6 Drainage Ditch i Le Fnce - STA'BL.E OPERATOR AREA _.�jArena F71 HORSE' S;TABLE cc a I I ,Fence +, s Office m I L � , L ,t { .; - Garage ■ Fence Residence PARKS AREA ROUNDS CONTRACTOR AREA ; Storage Building TYRRELL PARK N .T.S . Beaumont , Texas July 1 998 EXHIBIT 'B' A Proposal For Providing Horse Stable Operations At Tyrrell Park From Patrick D. Sykes A Proposal For Providing Horse Stable Operations At Tyrrell Park Stables Facility Use & Bid My goal in the operation of Tyrrell Park Stables is to provide safe quality recreational and educational services to Beaumont and the surrounding communities. To this end we are prepared to move temporary shelters, horse panels, livestock and equipment into the stable area and begin horse activities as soon as all permits, and contracts are secured. We have an ongoing business in Beaumont now that would be expanded to the benefit of all involved. I have a long successful history in running commercial horse operations and am familiar with all laws, standards and procedures necessary in such operations. Please see comments under 'Qualifications & Staff'. I am also well known in the industry and am respected by my peers. Please see letter of reference from Ms. Jean McFaddin — owner / operator Plum Nearly Ranch, Beaumont, Texas. The quantity, quality. and suitability of livestock is listed under "-Livestock". We presently own enough livestock to meet the immediate needs of Tyrrell Park Stables. My staff and I have a successful history of finding and developing quality lesson and rent horses. I am extremely proud of my staff. We offer riding instruction on all levels in a broad range of disciplines: Western — Western pleasure, Reining, Trail, Barrels Poles. Team penning, Goat tying _ English -- Hunter, Jumper, Euitation, Dressage Trail - Pleasure riding, Competitive trail, Endurance Please see notes under "Qualifications & Staff At Tyrrell Park Stables we will offer only "Full Care Boarding". This is where we feed twice a day, hay once a day, keep water buckets full. and-.- clean and maintain stalls. This ensures the quality of care given to all horses in our custody. All horses will be required to have a nets "coggins test" before admission into our facility and to maintain a current test (within one year). All horses will be required to stay on our worming and inoculation program. Tyrrell Park Stables will maintain proper health records on each horse. All this is spelled out in our boarding agreement Facility Use & Bid (Continued) and contract forms provided by The North American Horsemen's Association. We will maintain a quantity of rent horses sufficient to handle the demand at Tyrrell Park Stables. We follow the safetl program and procedures set by the North American Horsemen's Association in the operation of our rent line. This is the highest risk area of any commercial horse operation. I have a ten-year history, of operation with no.serious incident or accident, and no lawsuits. We offer a variety of shows, camps and clinics and will expand these programs at Tyrrell Park Stables. I am a continuing education instructor at Lamar University and have put together several programs for adults and children. I work with several of the area schools and groups such as the Boy Scouts. Please see Letter of reference from Mr. Ron Derry, Council Program Director and Camp Urland Camp Director, Boy Scouts of America. We offer a "Horse and Carriage" service in Beaumont and the surrounding areas. This service is very popular for weddings, company parties and picnics etc. The carriage is a Justin, "Vis-a-vis", New Orleans type carriage, white with maroon interior and pulled by a large Belgian Draft horse. Our Covered Wagon is also very popular with company parties and picnics. One draft horse or a team of two draft horses pulls the wagon. We will offer barn tours to the area schools with a covered wagon ride around the park as an added attraction. We have worked with'many area schools in many capacities. Our "trackless train" and "Roll-a-Roper' are popular items at school carnivals. Our barn tours have always been popular. Please see letter of reference from, Ms. Betsy Thomas, Elementary Special Education Teacher for the Nederland Independent School District. Pone rides will be offered at Tyrrell Park Stables as an on-going attraction. These ponies are also used to support local school carnivals and functions. We will also offer Pony Parties at the park. We have a computer database with several hundred names in our "Birthday Club". This database and club will be expanded and will be a major attraction to the park. We also have a computer database made up of past trail riders with Facility Use & Bid (Continued) several hundred names. With this list we offer longer trail rides, cookout rides, and overnight rides through the wetlands and/or into area national forest. Guidelines and safety procedures for these operations are also set by the North American Horsemen's Association. We have a long history of sponsoring these trips with no serious accident or incident, and no lawsuits. Our group also works with closely with area businesses to provide horse related activities and entertainment for company parties and picnics. This practice will be expanded and will be a major attraction to Tyrrell Park. Please see letters of reference: Ms. Motchen Hayes — Office Manager, Nevaron, Inc., Nederland, Texas Mr. Robby W imberley — General Manager of Tejas Southeast Enterprises, Orange, Texas Mr. Bob Almond — General Manager — Rayburn Country, Sam Rayburn. Texas ........................................................................... Facilitti, Use & Bid (Continued) Bid I was the operator at Tyrrell Park Stables from 1989 tlirough 1993. While I was there the barn stayed full and we offered quality- programs for the community. I left the park with the intention of expanding my business and securing property_. This I leave done. Beaumont has always been my base of operations and I «would like to continue my expansion by securing Tyrrell Park Stables. I ani well staffed, well stocked and equipped, financially secure and offer a first class level of expertise and experience in this unique type of operation. Due to the amount of labor and expense we will incur in bringing the barn back to proper standards we offer fifty dollars per month (S 50.00) for a three-year lease. «'e ask for a clause in the lease guaranteeing renewal of each three-year term with and additional three-year term. I look forward to working with the Citz_� of Beaumont again, and thank you for the opportunity. Respectively submitted, June 29, 1998 f q� Patrick D. Syk s A Proposal For Providing Horse Stable Operations At Terrell Park Site Plan (See Diagram) A. Barn 1 . Complete clean up — apartment, bathrooms, tac rooms, etc. Clean and paint bathrooms and kitchen in barn apartment. 2. Remove back row of stalls and replace with city's metal stalls 3. We will re-build the front 12 stalls with wood, replace wire between stalls, and cap all areas necessary to prevent cliewing. 4. Check and repair all electric plugs, Iight switches and light fil-tures. 5. All stalls will have a mounted fan. 6. We will mount a large shop h!pe fan on the rafters in the middle aisle 7. We will clean and develop the front room of the barn as a reception area. B. Fencing 1 . Replace and paint all fencing as needed — including arena fence. 2. Install horse wire fence approXiinately 10' on the inside of wooden fence as shown on diagram a. This will prevent accidents with people around pastured horses b. This will provide a `horse run" to help catch horses in pasture c. This will prevent horses from chewing the «•ooden fence. C. Traffic Control 1. Build a 3' fence as shown on diagram from north pasture across front of barn to prevent unsupervised public access to barn area A Proposal For Providing Horse Stable Operations At Tyrrell Park Stables Site Plan (Continued) 2. We will ask the city to install a gate at the end of the road to prevent public access while closed. D. South Pasture 1. Pony pasture and petting zoo area as shown on diagram. 2. Construct 2 shelters — one for ponies, the other for the petting zoo E. Garage 1. The garage will be used for storing the covered wagon, carriage, train, roping machine, etc, F. Covered Tie Area 1. Build tie area for the rent horses close to the trailhead. 2. It will be necessary to build the area up with wood shavings 3. We will run a water line to the tie area from the house. a. Most accidents occur while putting novice riders on their horses or taking them off. A proper mounting area away from tragic areas and close to the start of the trail will help prevent accidents. G. House 1 . Clean and paint as needed H. Riding Arena 1. We will replace an paint fence as needed 2. We will disk and drag Arena to kill grass and develop a proper riding surface I. New Parking 1 . There is a need for expanded parking areas — If the city will provide the material (rock, limestone. shell, `?) we will spread it into a suitable parking area. J. Barn Waste 1. Barn waste will be stored in this area and removed twice a year. Spring and Fail A Proposal For Providing Horse Stable Operations At Tyrrell Park Stables Site Plan (COI1t1IlUed) • While recognizing this project xvlil tape some time to complete, work will begin immediately, and progress will be constant and consistent until complete. • We will move in our temporary shelters, horse panels. equipment and livestock immediately to begin horse activities at the park. P S v � !✓ i , ?t k ,U��tiaNAP iii / 0-(.A) �u✓K i a�L �- y u co TIOUs �oS Sft re�c,G�. S Ao u.1 it) IC9 �S 1 Q ,c° A Proposal To For Providing Horse Stable Operations At Tyrrell Park Stables Qualifications & Staff To operate a "Commercial Horse Operation" it will be necessary to obtain a "Commercial Riding Stable Certificate" from the Texas Department of Health for this facility. (Riding Stable Act —Article 4447aa, Vernon's Texas Civil Statutes) All livestock and operations_ including temporary shelters and stalls brought in meet or exceed all requirements of this act. The North American Horsemen's Association is the industry leader is setting standards for all phases of commercial horse operations, including but not limited to: riding instruction, boarding of horses, horse rentals, outfitting, horse drawn vehicle rides, pony rides, and trail rides. Our business has a long history of meeting or exceeding these standards. Most importantly we follow closely all aspects of the North American Horsemen's Association Safety Program. This practice has led to a long history of accident free operation. �3cx�c x3c�c$cxiex;c icxhc� je rc>,c�c�� ',rx he Our goal in the operation of Tyrrell Park Stables is to provide safe qualitx recreational and educational services to Beaumont and the surrounding communities. We have a well-qualified and experienced staff to help meet this goal. Patrick D. Sykes Address: P.O. Box 5252 Sam Rayburn, Texas 75951 Phone: (409) 842-5766 (409) 698-9976 1 800 676-9002 Fax: (409) 698-9976 e-mail hfranch�jas.net Age: 45 A Proposal For Providing Horse Stable Operations At Tyrrell Park Stables Qualifications & Staff (Continued) Patrick D. Sykes (continued) Graduate: Monsignor Kelly High School Beaumont. Texas 1970 Lamar University Beaumont. Texas Bachelor Degree in Social Work 1978 Honorable Discharge: United States Air Force Reserves Current member United States Coast Guard Reserves (inactive) Experience: Began riding at Tyrrell Park Stables approximately 1959 1959 - 1970 Rode, trained and showed extensively, primarily- in English Hunter �. Juniper, but also in Western Pleasure, Western Riding, Trail, etc. 1970 - 1980 Pleasure riding and training 1980 - 1989 Outfitting and Wilderness Rides — Part time 1989 - 1994 Operator Tyrrell Park Stables — Beaumont, Texas Horse Boarding — Riding Lessons — Horse Rentals — Pony rides — Wilderness Rides — Parties etc. 1994 — Present Owner and Operator of Hidden Falls Ranch_ Sam Rayburn, Texas Horse Boarding — Riding Lessons, Horse Rentals — Pony Rides — Horse & Carriage Service — Covered Wai4on Service — Parties — Cookout Rides — Overnight Rides — We work with a variety of groups and businesses to provide special educational & recreational services to meet their specific needs. A Proposal For Providing Horse Stable Operations At. Tyrrell Parr Stables Qualifications & Staff (Continued) Laura Marie Maheffev Address: 3875 N. Major Drive 4 107 Beaumont. Texas 77713 Phone: (409) 924-9950 Graduate Lamar University, Beaumont, Texas Bachelor of Science in Psychology - 1997 Experience: Began Riding 1989 1989 — Present Extensive experience in showing — English Hunter And Jumper - Dressage 1996 Dressage training — Blue Hill Farm, Unionville, Pennsylvania 1990 - 1994 Guide and riding instructor part time — Tyrrell Park Stables — Beaumont, Texas 1994 - Present Guide and riding instructor part time - Hidden Falls Ranch — Sam Rayburn; Texas 1997 High School Teacher — Hardid Jefferson High School 1998 Riding instructor — Rancho Alegro, Beaumont, Texas Part time Jennifer J. Jones Address: 3875 N. Major Dr. ' 704 Beaumont, Texas 77713 Phone: (409) 924-9950 Bachelor of Science in Agriculture — Animal Science 1997 Sam Houston University, Huntsville, Texas See Attached Resume A Proposal For Providing Horse Stable Operations At Tyrrell Part: Stables Qualifications & Staff (Continued) Kathryn N. Witheres Address: 4745 Baywood Beaumont, Texas Phone: (409) 898-1709 1998 Graduate Westbrook High School Began riding in 1990 at Tyrrell Park Stables 1994 Jarine Seal Horse Camp Pinebrook Farm, Magnolia, Texas Riding Instructor, Counselor 1995 Jarine Seal Horse Camp Pinebrook Farm, Magnolia, Texas Riding Instructor, Counselor 1996 Jarine Seal Horse Camp Pinebrook Farm, Magnolia, Texas Riding Instructor, Counselor 1997 Jarine Seal Horse Camp Pinebrook Farm, Magnolia, Texas Riding Instructor, Head Counselor 1990 - 1994 Guide — Riding Instructor — Tyrrell Park Stables 1994 — Present Guide — Riding Instructor - Hidden Falls Ranch Experenced in showing Hunter Jumper, Barrels & Poles, Dressage, Western Pleasure, Team Penning, & Trail Riding Whitney C. Sykes Address: P.O. Box 5252 Sam Ravbuurit Texas 75951 Phone: (409) 698-9976 1998 Graduate Jasper High School A Proposal For Providing Horse Stable Operations At Tyrrell Park Stables Qualifications & Staff (Continued) Whitnev C. Sykes (Continued) Began riding approximately 1985 Extensive experience in showing English Hunter Juniper. Western Pleasure, Western Riding. Barrels &; Poles, Western Trail, Competitive Trail, Endurance, R Team Penning 1989 - 1994 Guide &: Instructor —Tyrrell Park Stables 1994- Present Guide & Instructor - Hidden Falls Ranch Patrick D. SN!kes II Address: 5770 Serene Beaumont, Texas 77706 Phone: (409) 8924854 1995 Graduate Jasper High School Present Student Lamar University — Beaumont, Texas Began riding approximately 1981 1989 — 1994 Guide Tvrrell Park Stables 1994 — Present Guide Partv Manager - Hidden Falls Ranch Sam Rayburn, Texas Jennifer J. Jones Sea 1 et„t yt 9 '75- A -�rr�tT�es _ � �BSy $ FALL-1/),/4 Education krnr Huusrun Slaw 11niversirc Huntsville.Texas Lamar(/nisvrsify Beaumont' Texas .January 1995 - May 1997 September 1990- December 1994 Major- Animal Science, Motor- Science(ma)or GPA 3 67) Major- Pre-Vetennary Medicine, Minor- Biology Bachelor of Science in Agriculture - Animal Science Experience nsidc S01CS/fCrrresrnralls'c' Bums Veterinary Supply, Farmers Branch,Texas. August 1997-April 1998. • ,Maintained two large territories in highly competitive regions of the Midwestern U.S. without outside representation for four months • Serviced approximately 200 individual accounts with personalized customer service and telemarketing • Assisted clients with product selection by detailing products and customizing pricing to satisfy individual clinic demands • Worked daily with an advanced and efficient computer system to process orders and customer ser-oce requests • Attended regular product details and manufacturer meetings to maintain current product knowledge and industry information • Successfully introduced new field sales representatives to each temtory,then worked with each as a team to offer premium service to the territory • Utilized several shipping companies and types of shipping to transport goods according to region,territory, and urgency of shipment • Maintained daily call sheen wid commission reports to monitor temtory progress and profit margin for each territory • Established new accounts in each territory working with both the client and the credit department to generate new business for the territory (-asrunrrr.tiers rrc Assvcaue Cavender's Boot City, Lewisville,Texas. November 1997-April 1998. Cavender's Boot City. Plano,Texas August 1997- November 1997. Cavender's Boot City-, Huntsville,Texas. October 1996- May 1997. State Line Tack-, Conroe,Texas. January 1995- April 1995. • Assisted customers with product selection regarding quality and value of products • Completed transactions for merchandise • Returned defective merchandise to vendors, handling credit memos and shipping • Maintained a neat and friendly atmosphere within the store Fcry rmary Technician Rutty Animal Clinic, Nederland,Texas. May 1997- Gentral Veterinary Clinic, Madisonville, Texas. August 1995 -January 1996. Pineland Animal Hospital; The Woodlands,Texas. March 1995 -June 1995. Sherwood Animal Clinic. Beaumont,Texas. June 1992-January 1995. • Assisted veterinarians with large and small animal examinations and sugeries, monitoring anesthetics and vital sigiLS • Educated clients regarding patient care • Performed laboratory tests such as blood panels(white blood cell counts, PCV,serum protein), urinalysis, parasite detection in blood and fecal material, and disease detection by antigen tests • Administered oral medication,subcutaneous, intramuscular, and intravenous injections,placed IV catheters and administered IV fluids, and dressed and bandaged superficial wounds • Maintained boarding and resident animals, groomed,and treated for external parasites • Handled and restrained cattle for veterinary procedures such as vaccination,deworTrung, branding, tattooing, dehoming,and calf extraction • .assisted in eudianasia and necropsy when necessary • Performed and developed radiographs • Stenlized syringes and surgical Instruments, filled prescriptions,and prepared appropriate labels • !Maintained patient records and assumed reception and office duties when necessary Grown Sherwood Quarter Horses, Inc_ Beaumont,Texas. August 1994-January 1995. ' Managed and maintained registered Quarter Horses including stallions,broodmares,show stock,and foals ' Implemented an exercise program based on age and use of the horse Provided a clean, safe stall and pasture environment 1lrrc1�rrc�nrsJ JK OWNTolet. Nederland,Texas. May 1990-June 1992. Switchboard and customer service ' Stocked-in vehicles and distributed license plates • Managed key systent and assisted salespersons Organizations and Associations • Member of Delta Tau Alpha National Agriculture Honor Society at Sam Houston State University • Member of the Block arid Bridle Animal Science Club at Sam Houston State University • Alumni member of Ganurna Phi Beta Sorority at Lamar University- Beaumont • Member of the American Quarter Horse Association • Member of the National Honor Society • 1990 Cum Laude Graduate of Nederland High School, Nederland.Texas Hobbies • Riding, training,and showing horses • Reading and writing • Volunteering services to veterinary clinics and animal shelters ' Personal fitness training References are available upon request. Revised 4/14/98 A Proposal For Providing Horse Stable Operations At Tyrrell Park Stables Livestock We are prepared to bring enough equipment and livestock to meet the demands of the business at Tyrrell Park Stables. We own now and are prepared to bring: 10 Lesson Rent Horses 3 Draft / Carriage — Wagon Horses 4 Ponies 3 Guide Horses • All horses far exceed all standards and requirements set forth by the Texas Department of Health • All horses exceed all standards set by the North American Horsemen's Association • All horses are experienced Rent — Lesson horses and are suitable for riders of different experience levels • All of our staff are experienced in matching proper horses to riders The sale of livestock is not one of our primary functions, however we do sell horses from time to time. It is our policy when we do sell a horse to follow the procedures and use the sale and disclosure forms set out b%, the North American Horsemen's Association. It is the policy of our company, that any horse determined by our staff to have uncorrectable bad habits, or that are a possible danger to students, patrons, staff. etc.. be immediately removed from the site and brought to the next horse auction and sold despite possible loss of money. A Proposal For Providing Horse Stable Operations At Tyrrell Park Stables Equipment We are totally equipped to operate and manage Tyrrell Park Stables. All equipment is in good repair and well maintained. The list includes, but not limited to: 1 . 25 complete sets of western tac —(saddles, bridles; pads. halters. etc) 2. 6 complete sets of English tac —(saddles, bridles, pads_ lialters, etc.) 3. 3 single and double sets of draft horse harness 4 1 1998 36' Custom made Brutus Stock Trailer 5 1 1998 16' Brutus, extra tall & wide stock trailer 6 1995 16' 1tea�T duty lowboy trailer 7 1993 14' X 6' X 8' gooseneck bedding trailer 8 4'XIO' utility trailer 9 1993 Dodge 1 ton dually 10 1994 Ford F150 11 1995 Ford F 150 12 1994 Massey Ferguson diesel 261 tractor • Bush hog *Box blade `Auger "Boom 13 1997 Sears 50" 22.5 lip tractor mower 14 Yamaha Pro-Hauler 4 Wheeler 15 30x20 metal framed tent 16 20X13 metal framed tent 17 60 priefert horse pannels 18 John Deer Covered Wagon 19 Justin. Vis a Vis Carriage This is a partial list only meant to show our ability to operate Tyrrell Park Stables. Please note that there is a small note owed on the 36' Brutus trailer; and a small note owed on the 1995 F-150, all other items are owned free and clear. We are secure financially and very capable of financing all our needs at Tyrrell Park Stables. ti �i9.ai r07- N la x 4A z: RT.4,BOX 328-X • 6 EAU MONT,TEXAS 71705 - (409)722.1192 or 722.2637 Please note address Change: 2125 Hebert Road Qeaumont Texas 77705-9259 Re: Pat Sykes To Whom It May Concern-, I have known Pat Sykes for over thirty years and I hold him in high regard. To my knowledge he has been involved with horses most of his life. He is a dedicated, hardworking, caring person with the horses and with his students. Often times when someone calls needing horse-related "whatever" and I am unable to help, I refer them to Pat. Pat has always been an achiever, when he sets his mind to do something he does it well and with enthusiasm. Respectfully yours, can W. McFaddin Owner/Operator, Plum Nearly Ranch Three Rivers Council No. 578 Boy Scouts of America ., ,ui5+'�=���-yY vT�?�<�"nz.�'dtci-t]..,�.'°°�,�'�.wA��^t �' ..k�,i�"i:� 4�'�:•`-�.r2,`asS.v. «.$�4..'t"': F`e`{`S �v:;r.; .�y ... ,.:i > -+rt ,Ylr+--s E - L�S.1zl,�$�.. F a r2 stm Fury-K J �r wrvc* :�%'�v-,'ti�.'t .�'f`�..�.(l<<fF:a.�!yo,,. wf-i� .i a..,w>:'.,•P.� ,v� Fa»+,q�., .`t.,a.��. :..:;.: ,,.<<.y; ..� ?v...`••.,..•`.<�MK •�y,�`.�,�Y,...,.:a�1.`.,,,...,�.•.,•:. ..y:..t .rw r ... ........... ........ . .�>...,.a.i?1iy,.�.C.Y.:..:3..,:$.+..:�7; 'h���::•., :..<?3�MU„>'a�Q\A`�;N�J �,:��s,o�i..•,3a'w,vr, w�:� � wv.n..;;.�,...�<,,.:y't�:y?ti. .a: /dr�;��,.,.: ... .,..... ,.:� .t,.'..:=�..:>.�!a;..a�':.c;RY�h`j'R�..W,;Z:2.,.;a:�o rR�°,�.}.e.i4;ik;.a;... �Nhi �f.✓:.Y's . 4650 Cardinal Drive Beaumont Texas 77705-2797 409-842-5240 or 888-434-4140 Fax 409-842-5398 June 23, 1998 To: City of Beaumont, Parks Department Re: Pat Sykes, Hidden Falls Ranch It has been our pleasure to work with Pat Sykes and his crew at Hidden Falls Ranch near Sam Rayburn Lake for the past two summer camping seasons. We have contracted his services to provide an overnight horseback trek for our older Scouts who attend Camp Urland for their summer camp experience. Our Scouts and leaders have been well pleased with the service they have received. Pat and his crew have provided an interesting, informative, and fun-filled activity for those who have participated. I would recommend him to you for consideration as an outfitter to provide horseback riding as a part of the Beaumont Parks Department's offerings to the public. ely, n uncil Program erector and Camp Urland mp Director Proudly serving youth in Chambers,Hardin,Jasper,Jefferson,Liberty,Newton,Orange,Poll,Sabine ' San Augustine,San Jacinto,and 7}ler Counties. United Way Agency `&-tsy'lhoIttas 11104 Squire Lane Ne&-,-Laid,TX 77627 Citv of Beaumont Parks and Recreation Department 2930 Gulf Beaumont,'I:X 77703 To Whoin it May Concern: I would like to take this opportunity to suggest that the Tyrrell Park Stables be reopened for community use. As a horse owner and former boarder at this facility,I believe that it possesses beneficial qualities needed in our commui-city today. Under the former direction of Mr. Pat Sykes,the Tyrrell Park Stables provided an abonal and recreational service to Beaumont and the surrounduug communities. As an elementary sptcial education teacher for the Nederland Independent School District,I utilized these services to enhance my curriciilurn and to give the cluldren hands-on experience with horses. From my own personal e.x perierice with horses,I have lean ted that homes offer an excellent opportunity for both children and adtilts to learn responsibility,conununication,and compromise. Mr. Sykes achieved these objectives by demonstrating many aspects of horse-care and horsemanship to his students and visitors. By giving tours of the barn facility,as well as allowing the children to touch and ride the horses,Mr. Sykes gave these children a memorable and motivating activity. In addition,this experience touched chords ui some of my most ,withdrawn or difficult children. The ability to bring some light to the life of a troubled child is defnutely a gift possessed by Mr. Sykes,and a resource this community should avail itself to. His interest in the potential of such a facility is a genuine one and one that certainly deserves consideration. At this time, there is no other facility in this area that can offer a service such as I have described,and I miss the opportunity to bring my students to the park for a day with the horses. Please consider my suggestion to support the Tyrrell Park Stables. I feel that Mr. Pat Sykes has the ability to return the facility to its position of importance in our community. Sni�ercly, B3 ts% Thomas NO). 45972'711H'2� :Y P1 i'Tpl�'4 r,r'l)h'T�.':4 - „ rLoy, .Tune L3, 1998 1 -I et•erce: Annual Crawfish Boil & Picnic f I ent1en: Patrick D. Sykes Dear, Pat, vvur i--..0 i o send you a short letter expressing my thanks for lid during our company crawfish boil and picnic _ -._e agei n, you met our every need. It's been c riess with you the past three years and I'm to working with you again for next year's event. or ;&,(Jnted to make a change in our Tied fo do was pick up the phone and tali �u. appr-eciate the fact that you were always available. Pat, thanks again for the excellent service from you and your staf f. See you in May of 1999! Sincerely, NEWTRON, INC. " ddl�� Motchen Hayes Off ice Manager '7• (4 1905 INI)TISTRiAL PARK DRIVE+ NEDERI AND, TEXAS 776xc�s) 7'7 1 09 , Tejas Lakeside Lodge 2-51 Parkside Loop To Whom it Concerns: Brookeland,Texas 75931 Pat Sykes of Hidden Falls Ranch is an asset to our operations here at Tejas 409!698-9400 Lakeside Lodge. Utilizing Pat Sykes at our operation allows us to offer our 888/463-LAKE guests services such as Carriage rides, trailrides, hayrides, pony rides and even 409/698-9229 Fax horse riding lessons. While entertaining guests we often combine a trailride with a meal that is cooked up by Pat and his staff such as a"Country Breakfast' , "Hamburgers over the Campfire Lunch"or even a"Steak & Baked Potato Dinner". One of the most popular items with our guests has been the Hidden Falls Ranc Carnage Service. The carriage will pull up to our lodge and pick up our guests Corporate Sales for an evening ride that proves to be one of the most relaxing ways to end an P. o. Box 12040 evening. Tejas Lakeside Lodge also has taken advantage of the special seasonal carriage rides that Hidden Falls Ranch offers. The Azalea Trail ride Beaumont,Texas 71726 has proven to be popular, Pat will take our guests through the streets of Jasper 409/860-1665 along the Azalea Trail where they enjoy the beauty of the flowers and the historical homes and markers that Pat points out. Also Pat Sykes generously 800/491-LAKE does a carnage ride during Christmas where our guests enjoy Jasper's Christmas lights from an old fashion horse drawn carriage and in the spirit of 409/86b 6286 Fax, Christmas, Hidden Falls Ranch donates a percentage of all proceeds to the Boy's and Girls Club. I could not think of a more enjoyable person to work with than Pat Sykes from Hidden Falls Ranch. Pat understands the business in such a way that he is very informative to our guests when they are on a trail ride or wilderness ride by http://w`''w.teiaslodge.com pointing out things that we all seem to overlook in our"hustle & bustle world". Pat also has a"knack" for knowing when the guests want to just enjoy the peace and serenity of the outdoors. The owner of our company has taken advantage of the relaxing atmosphere of the carriage service to "cut" many business deals that might not have ever come about in the tense and stressful office environment of business. The spirit of enjoying the companionship of a horse is somewhat even incorporated into our company logo here at Tejas. The first person that comes to our mind when we think of horses is Pat Sykes of Hidden Falls Ranch because of all of the memorable experiences my company and guests have endured. Please feel free to contact me anytime to discuss any questions you may have. My office phone number is(409)745-5513, my pager number is (409)734-2698 and my home number is (409)883-5113. Sincerely, Robby Wimberley General Manager of Tejas Southeast Enterprises C Texas Lakeside Lodge 2-51 Parkside Loop To Whom it Concerns: Brookeland,Texas 75931 Pat Sykes of Hidden Falls Ranch is an asset to our operations here at Tejas 409/698-9400 Lakeside Lodge. Utilizing Pat Sykes at our operation allows us to offer our 888/463-LAKE guests services such as Carriage rides, trailrides, hayrides, pony rides and even horse riding lessons. While entertaining guests we often combine a trailride 409/698 9229 Fax. with a meal that is cooked up by Pat and his staff such as a "Country Breakfast' , "Hamburgers over the Campfire Lunch"or even a"Steak & Baked Potato Dinner". • One of the most popular items with our guests has been the Hidden Falls Ranc Carriage Service. The carriage will pull up to our lodge and pick up our guests Corporate Sales for an evening ride that proves to be one of the most relaxing ways to end an P.o. Box 12040 evening. Tejas Lakeside Lodge also has taken advantage of the special seasonal carriage rides that Hidden Falls Ranch offers. The Azalea Trail ride Beaumont,Texas 77726 has proven to be popular, Pat will take our guests through the streets of Jasper 409/860-1665 along the Azalea Trail where they enjoy the beauty of the flowers and the historical homes and markers that Pat points out. Also Pat Sykes generously 800/491-LAKE does a carriage ride during Christmas where our guests enjoy Jasper's Christmas lights from an old fashion horse drawn carriage and in the spirit of 409/866 6286 Fax. Christmas, Hidden Falls Ranch donates a percentage of all proceeds to the Boy's and Girls Club. I could not think of a more enjoyable person to work with than Pat Sykes from Hidden Falls Ranch. Pat understands the business in such a way that he is very informative to our guests when they are on a trail ride or wilderness ride by http://www.teiaslodge.com pointing out things that we all seem to overlook in our"hustle& bustle world". Pat also has a"knack" for knowing when the guests want to just enjoy the peace and serenity of the outdoors. The owner of our company has taken advantage of the relaxing atmosphere of the carriage service to "cut" many business deals that might not have ever come about in the tense and stressful office environment of business. The spirit of enjoying the companionship of a horse is somewhat even incorporated into our company logo here at Tejas. The first person that comes to our mind when we think of horses is Pat Sykes of Hidden Falls Ranch because of all of the memorable experiences my company and guests have endured. Please feel free to contact me anytime to discuss any questions you may have. My office phone number is (409)745-5513, my pager number is (409)734-2698 and my home number is (409)883-5113. Sincerely, Robby Wimberley General Manager of Tejas Southeast Enterprises es RAYBURN COUNTRY PROPERTIES Rayburn Country September 8, 1997 To Whom It May Concern: It is of utmost pleasure to recommend Mr. Pat Sykes and the services provided by HIDDEN FALLS RANCH. The horseback riding, carriage rides, hay rides, and cookout rides are extremely valuable services provided to Rayburn Country Resort guests and property owners. The HIDDEN FALLS RANCH services are important aspects of operation for guest satisfaction which we utilize as an amenity during numerous occasions. These services are a highlight of several corporate groups, family reunions, and vacationers which keep them returning to Rayburn Country Resort repeatedly. Mr. Pat Sykes possesses excellent character traits as does his entire staff; therefore, one never has to be concerned with what might be said and can be assured that their services are performed in a dependable professional manner. If I may answer any questions, please do not hesitate to call me at (800) 882-1442 or (409) 698-2444. We are proud to have Mr. Pat Sykes and the HIDDEN FALLS RANCH operation in our area. Sincerely, '!D. & - Bob D. Almand P.O. Box 36 • Sam Rayburn, Texas 75951 • 409/698-2444 • 800/882-1442 - FAX: 409/698-2372 A Proposal For Providing Horse Stable Operations At Tyrrell Parr Stables Qualifications & Staff (Continued) Kathryn N. Witheres Address: 4745 Baywood Beaumont, Texas Phone: (409) 898-1709 1998 Graduate Westbrook High School Began riding in 1990 at Tyrrell Park Stables 1994 Janine Seal Horse Camp Pinebrook Farm, Magnolia, Texas Riding Instructor, Counselor 1995 Jarine Seal Horse Camp Pinebrook Farm, Magnolia, Texas Riding Instructor, Counselor 199E Jarine Seal Horse Camp Pinebrook Farm, Magnolia, Texas Riding Instructor, Counselor 1997 Jarine Seal Horse Camp Pinebrook Fami, Magnolia, Texas Riding Instructor, Head Counselor 1990 - 1994 Guide r— Riding Instructor — Tyrrell Part: Stables 1994 — Present Guide — Riding Instructor - Hidden Falls Ranch Experenced in showing Hunter Jumper, Barrels & Poles, Dressage, Western Pleasure_ Team Penning. & Trail Riding _ Whitnev C. Sykes Address: P.O. Box 5252 Sam Ra,,-burr Texas 75951 Phone: (409) 698-9976 1998 Graduate Jasper High School A Proposal For Providing Horse Stable Operations At Tyrrell Part: Stables Qualifications & Staff (Continued) Whitnev C. Svkes (Continued) Began riding approximately 1985 Extensive experience in showing English Hunter Jumper. Western Pleasure. Western Riding, Barrels & Poles, Western Trail. Competitive Trail, Endurance. & Team Penning 1989 - 1994 Guide & Instructor — T,rrell Park Stables 1994- Present Guide & Instructor - Hidden Falls Ranch Patrick D. Svkes II Address: 5770 Serene Beaumont, Texas 7770E Phone: (409) 892-4854 1995 Graduate Jasper High School Present Student Lamar University — Beaumont, Texas Began riding approximately 1981 1989 - 1994 Guide Tyrrell Park Stables 1994 — Present Guide Part- Manager - Hidden Falls Ranch Sam RaybunL Texas Jennifer J. Jones 9N 1 "e 3Y�5 i1 it/ 46q}�?�-754g !`�F 6t c Ana c�, >' T✓ 7`.? (' Education .farm Howmin,\rare l rnnrr.crrt• Huntsville .Texas Lamar(Inrrrr-Tily Beaumont.Texas January 199.5 - May 1997 September 1990-December 1994 Major - Animal Science, Minor- Science(ma)or GPA 3 67) Major-Pre-Vetennary Medicine, Minor- Biolob- Bachelor of Science in Agnculture- Animal Science Experience jnstdc tia1CS KCprc'cCnrcNn'C Bums Veterinary Supply. Farmers Branch,Texas August 1997-April 1998. • Maintained two large temtones m highly competitive regions of the Midwestem U.S. without outside rcpuesentation for four months • Scr"ced approximately 200 individual accounts with personalized customer sermce and telemarketing, • Assisted clients H'ith product selection by detailing products and customizing prang to satisfy individual clinic demands • "',.irked daily with an advanced and efficient computer system to process orders and customer service requests • Attended regular product details and manufacturer meetings to maintain current product knowledge and industry information • Successfully introduced new field sales representatives to each temtory,then worked with each as a team to offer Premium service to the terntory • Lulized several shipping companies and types of shipping to transport goods according to region,territory, and urgeticy of shipment • Maintained daily call sheets and commission reports to monitor territory progress and profit margin for each territory • Established new accounts in each territory working with both the client and the credit department to generate new business for the terntory ['u tor?wr.4cn-rrc Assucrarc Cavender's Boot City, Lewisville,Texas. November 1997-April 1998, Cavender's Boot City. Plano,Texas August 1997- November 1997. Cavender's Boot City-, Huntsville,Texas. October 1996- May 1997. State Line Tack; Conroe,Texas. January 1995 - April 1995. Assisted customers with product selection regarding quality and value of products Completed transactions for merchandise Retumed defeuive merchandise to vendors, handling credit memos and shipping ' Maintained a neat and friendly atmosphere within the store 1-c is nriart• Technician Rutty Animal Clinic. Nederland,Texas. May 1997- Central Veterinary Clinic. Madisonville,Texas. August 1995-January 1996 Pineland Animal Hospital. The Woodlands,Texas. March 1995 -June 1995. Sherwood Animal Clinic. Beaumont,Texas. June 1992 -January 1995. • Assisted veterinarians with large and small animal examinations and sugeries, monitoring anesthetics and vital 5iti>_s _ • Educaied clients regarding patient care • Performed laboratory tests such as blood panels(white blood cell counts, PCV,serum protein), urinalysis,parasite detection in blood and fecal material, and disease detection by antigen tests • Administered oral medication,subcutaneous, intramuscular, and intravenous injections, placed iV catheters and administered iV fluids, and dressed and bandaged superficial wounds • !Maintained boarding and resident animals,groomed, and treated for external parasites • Handled and restrained cattle for veterinary procedures such as vaccination,deworrung, branding, tattooing, deiiorning, and calf extraction • Assisted in euthanasia and necropsy when necessary • Performed and developed radiographs • Sterilized syringes and surgical instruments, filled presenptions,and prepared appropriate labels • Maintained patient records and assumed reception and office duties when necessary Cirovnr Sherwood Quarter Horses, tnc.; Beaumont,Texas. August 1994 -January 1995. Managed and maintained registered Quartet Horses including stallions,broodmares,show stock,and foals Implemented an exercise program based on age and use of the horse Prooded a cic i.safe stall and pasture enofonment J{t'c-Cr�lr<�nrsl J1; Che.T04e(, Nederland,Texas. May 1990-June 1992. • Sµitchboard and customer service • Stocked-in vehicles and distributed license plates • Managed key s)sleni and assisted salespersons Orraniritions and AssociAtions • Member of Delta Tau Alpha National Agriculture Honor Society at Sam Houston State University • Member of the Block and Bridle Animal Science Club at Sam Houston State University Alumni member of Garnnna Phi Beta Sorority at Lamar University- Beaumont ' Member of the American Quarter Horse Association Member of the National Honor Society 1990 Cum Laude Graduate of Nederland High School, Nederland,Texas iiobbies ' • Riding, training,and showing horses • Reading and writing • Volunteering services to veterinary clinics and animal shelters • Personal fitness training References are available upon request. Revised 4/14/98 A Proposal For Providing Horse Stable Operations At Terrell Park: Stables Livestock We are prepared to bring enough equipment and livestock to meet the demands of the business at Terrell Park: Stables. We own now and are prepared to bring: 10 Lesson Rent Horses 3 Draft / Carriage — Wagon Horses 4 Ponies v 3 Guide Horses • All horses far exceed all standards and requirements set forth b\, the Texas Department of Health • All horses exceed all standards set by the North American Horsemen's Association • All horses are experienced Rent — Lesson horses and are suitable for riders of different experience levels • All of our staff are experienced in matching proper horses to riders The sale of livestock is not one of our primary functions, however we do sell horses from time to time. It is our policy when we do sell a-horse to follow the procedures and use the sale and disclosure forms set out by the North American Horsemen's Association. It is the policy of our company. that any horse determined by our stag to have uncorrectable bad habits. or that are a possible danger to students. patrons. staff. etc._ be immediately removed from the site and brought to the next horse auction and sold despite possible loss of money. A Proposal For Providing Horse Stable Operations At Tyrrell Part: Stables Equipment We are totally equipped to operate and manage Tyrrell Park: Stables. All equipment is in good repair and well maintained. The list includes. but not limited to: 1. 25 complete sets of western tac —(saddles_ bridles. pads. halters. etc) 2. 6 complete sets of English tac — (saddles, bridles. pads. lialters, etc.) 3. 3 single and double sets of draft horse harness 4 1 1998 36' Custom made Brutus Stock Trailer 5 1 1998 16' Brutus, extra tall & wide stock trailer 6 1995 16' heavy duty lowboy trailer 7 1993 14' X 6' X 8' gooseneck bedding trailer 8 4'X10' utility trailer 9 1993 Dodae 1 ton dually 10 1994 Ford F150 11 1995 Ford F 150 12 1994 Massey Ferguson diesel 261 tractor • Bush hog *Box blade *Auger *Boom 13 1997 Sears 50" 22.5 hp tractor mower 14 Yamaha Pro-Hauler 4 Wheeler ` 15 30,20 metal framed tent 16 20X13 metal framed tent 17 60 priefert horse pannels 18 John Deer Covered Waaon 19 Justin Vis a Vis Carriage This is a partial list only meant to show our ability to operate Tyrrell Park- Stables. Please note that there is a small note owed on the 36' Brutus trailer, and a small note owed on the 1995 F-150, all other items are owned free and clear. We are secure financially and very capable of financing all our needs at Tvrrell Park: Stables. RT.4,BOX 328-X • 8 EAUMONT.TEXAS 7*1 705-(409)722-1192 or 722-2E--- Please note address Change: 2125 Hebert Road Beaumont Tex-is 77705-9259 Re- Pat Sykes To Whom It May Concern-, I have known Pat Sykes for over thirty years and I hold him in high regard. To my knowledge he has been involved with horses most of his life. He is a dedicated, hardworking, caring person with the horses and with his students. Often times when someone calls needing horse-related "whatever" and I am unable to help, I refer them to Pat. Pat has always been an achiever, when he sets his mind to do something he does it well and with enthusiasm. Respectfully yours, can W. McFaddin Owner/Operator, Plum Nearly Ranch Three Rivers Council No. 578 Boy Scouts of America fAM 4650 Cardinal Drive Beaunlont,Texas 77705-2797 409-842-5240 or 888-434-4140 Fax 409-842-5398 June 23, 1999 To: City of Beaumont, Parks Department Re: Pat Sykes, Hidden Falls Ranch It has been our pleasure to work with Pat Sykes and his crew at Hidden Falls Ranch near Sam Rayburn Lake for the past two summer camping seasons. We have contracted his services to provide an overnight horseback trek for our older Scouts who attend Camp Urland for their summer camp experience. Our Scouts and leaders have been well pleased with the service they have received. Pat and his crew have provided an interesting, informative, and fun-filled activity for those who have participated. I would recommend him to you for consideration as an outfitter to provide horseback riding as a part of the Beaumont Parks Department's offerings to the public. n uncil Program erector irecto r ad Camp U rland pDIrector I®r-1 Proudly serving youth in Chambers,Hardin,Jasper,Jefferson,Liberty,Newton,Orange,Polk,Sabine, San Augustine,San Jacinto,and 7)•kr Counties, United Way Agency Bt:Lsy Thomas 180,1 Squire Lane Nedu land,TX 77627 City of Beaurnont Parks and Recreation Department 2930 Gulf Beaumont,TX 77703 To W110111 it ,ti9ay Concern: 1 would like to take this opportunity to suggest that the Tyrrell Park Stables be reopened for community use. As a horse owner and former boarder at this facility,I believe that it possesses beneficial qualities needed in our conlmtuiity today. Under the former direction of Mr.Pat Sykes,the Tyrrell Park Stables provided an edurttrcmal and recreational service to Beawnont and1the surroundntg communities. As an elementary spacial education teacher for the Nederland Independent School District,1 utilized these services to enhance 111\1 curriculum and to give the children hands-on experience with horses. From my own personal c pene:nc,:with horses,I have lean ted that horses offer an excellent opportunity for both children and adult;to leans responsibility,communication,and compromise. Mr. Sykes achieved these objectives by demonstrating many aspects of horse-care and horsemanship to his students and visitors. By giving tours of the ham facility,as well as allowing the children to touch and ride the horses,Mr. Sykes gave these children a memorable and motivating activity. In addition,this experience touched chords nr sortie of my most \4ithldrawn or difficult children. The ability to bring some light to the life of a troubled child is defuutely a gift possessed by Mr. Sykes,and a resource this c:ommwuty should avail itself to. His utterest in the potential of such a facility is a genuine one and one that certainly deserves consideration. At this time, there is no other facility in this area that can offer a service such as I have described,and I miss the opportunity to bring my students to the park for a day with the horses. Please consider my suggestion to support the Tyrrell Park Stables. I feel that Mr. Pat Sykes has the ability to return the facility to its position of importance in our community. Svl�:crcly, Bz:tS\ Thomas _.... •, ..;;one 23, 1998 <<. et•er►ce. Annual Crawfish Boil & Picnic ;e7tien: Patrick D. Sykes wear• Pat, wurd',el-� 11 :; send you a short letter expressing my thanks for -"d during our company crawfish boil and picnic :ce again, you met our every need. It's been c ness with you the past three years and I'm to working with you again for next year's event, f. c^ wanted to make a change in our ttc:cl io do was pick up the phone and call _,�• _ uppreciaTe the fact that you were always available. Pat, thanks again for the excellent service from you and your steff. See you in May of 1999! Sincerely, NEwrRON, INC. [da, �,+—1 Motchen Hayes Off ice Manager isos I?'TTISTRIAL PARK DRIVE• 1,TDERI..AN1�, TEXAS 7rs� 2 7• (cos) 7�r 469 - Texas Lakeside Lodge 2-51 Parkside Loo; To Whom it Concerns: Brookeland.Texas 75;3: Pat Sykes of Hidden Falls Ranch is an asset to our operations here at Tejas 409/69$-9400 Lakeside Lodge. Utilizing Pat Sykes at our operation allows us to offer our 888/463-LAKE guests services such as Carriage rides, trailrides, hayrides, pony rides and even horse riding lessons. While entertaining guests we often combine a trailride 409/69$ 9229 Fax with a meal that is cooked up by Pat and his staff such as a"Country Breakfast', "Hamburgers over the Campfire Lunch"or even a"Steak & Baked Potato Dinner". One of the most popular items with our guests has been the Hidden Falls Ranc Carriage Service. The carriage will pull up to our lodge and pick up our guests Corporate Sales for an evening ride that proves to be one of the most relaxing ways to end an P. o. Box 12040 evening. Tejas Lakeside Lodge also has taken advantage of the special seasonal carriage rides that Hidden Falls Ranch offers. The Azalea Trail ride Beaumont,Texas 77726 has proven to be popular, Pat will take our guests through the streets of Jasper 409/860-1665 along the Azalea Trail where they enjoy the beauty of the flowers and the historical homes and markers that Pat points out. Also Pat Sykes generously 800/491-LAKE does a carriage ride during Christmas where our guests enjoy Jasper's Christmas lights from an old fashion horse drawn carnage and in the spirit of 409/$66 6286 Fax Christmas, Hidden Falls Ranch donates a percentage of all proceeds to the Boy's and Girls Club. I could not think of a more enjoyable person to work with than Pat Sykes from Hidden Falls Ranch. Pat understands the business in such a way that he is very informative to our guests when they are on a trail ride or wilderness ride by http://, ww.teiaslodge.com pointing out things that we all seem to overlook in our"hustle& bustle world". Pat also has a"knack" for knowing when the guests want to just enjoy the peace and serenity of the outdoors. The owner of our company has taken advantage of the relaxing atmosphere of the carnage service to "cut" many business deals that might not have ever come about in the tense and stressful office environment of business. The spirit of enjoying the companionship of a horse is somewhat even incorporated into our company logo here at Tejas. The first person that comes to our mind when we think of horses is Pat Sykes of Hidden Falls Ranch because of all of the memorable experiences my company and guests have endured. Please feel free to contact me anytime to discuss any questions you may have. My office phone number is (409)745-5513, my pager number is (409)734-2698 and my home number is (409)883-5113. Sincerely, Robby Wimberley General Manager of Tejas Southeast Enterprises es Tejas Lakeside Lodge 2-51 Parkside Look To Whom It Concerns: Brookeland.Texas 7593; 409/698-9400 Pat Sykes of Hidden Falls Ranch is an asset to our operations here at Tejas Lakeside Lodge. Utilizing Pat Sykes at our operation allows us to offer our 888/463-LAKE guests services such as Carriage rides, trailrides, hayrides, pony rides and even 409/698-9229 fax horse riding lessons. While entertaining guests we often combine a trailride with a meal that is cooked up by Pat and his staff such as a"Country Break-fast', "Hamburgers over the Campfire Lunch" or even a"Steak& Baked Potato Dinner". One of the most popular items with our guests has been the Hidden Falls Ranc Carriage Service. The carriage will pull up to our lodge and pick up our guests Corporate Sales for an evening ride that proves to be one of the most relaxing ways to end an P o. Box 12040 evening. Tejas Lakeside Lodge also has taken advantage of the special seasonal carriage rides that Hidden Falls Ranch offers. The Azalea Trail ride Beaumont,Texas 77726 has proven to be popular, Pat will take our guests through the streets of Jasper 409/860-1665 along the Azalea Trail where they enjoy the beauty of the flowers and the historical homes and markers that Pat points out. Also Pat Sykes generously 800/491-LAKE does a carriage ride during Christmas where our guests enjoy Jasper's 409/866-6286 fax Christmas lights from an old fashion horse drawn carriage and in the spirit of Christmas, Hidden Falls Ranch donates a percentage of all proceeds to the Boy's and Girls Club. I could not think of a more enjoyable person to work with than Pat Sykes from Hidden Falls Ranch. Pat understands the business in such a way that he is very informative to our guests when they are on a trail ride or wilderness ride by http://www.teiaslodge.com pointing out things that we all seem to overlook in our"hustle & bustle world". Pat also has a"knack" for knowing when the guests want to just enjoy the peace and serenity of the outdoors. The owner of our company has taken advantage of the relaxing atmosphere of the carriage service to "cut" many business deals that might not have ever come about in the tense and stressful office environment of business. The spirit of enjoying the companionship of a horse is somewhat even incorporated into our company logo here at Tejas. The first person that comes to our mind when we think of horses is Pat Sykes of Hidden Falls Ranch because of all of the memorable experiences my company and guests have endured. Please feel free to contact me anytime to discuss any questions you may have. My office phone number is (409)745-5513, my pager number is (409)734-2698 and my home number is (409)883-5113. Sincerely, Robby Wimberley General Manager of Tejas Southeast Enterprises --r�r S RAYBURN COUNTRY PROPERTIES Rayburn Country September 8, 1997 To Whom It May Concern: It is of utmost pleasure to rec- end Mr. Pat Sykes and the services provided by HIDDEN FALLS RANCH. The horseback riding, carriage rides, hay rides, and cookout rides are extremely valuable services provided to Rayburn Country Resort guests and property owners. The HIDDEN FALLS RANCH services are important aspects of operation for guest satisfaction which we utilize as an amenity during numerous occasions. These services are a highlight of several corporate groups, family reunions, and vacationers which keep them returning to Rayburn Country Resort repeatedly. Mr. Pat Sykes possesses excellent character traits as does his entire staff; therefore, one never has to be concerned with what might be said and can be assured that their services are performed in a dependable professional manner. If I may answer any questions, please do not hesitate to call me at (800) 882-1442 or (409) 698-2444. We are proud to have Mr. Pat Sykes and the HIDDEN FALLS RANCH operation in our area. Sincerely, Bob D. Almand P.O. Box 36 • Sam Rayburn, Texas 75951 • 4091698-2444 • 800/882-1442 • FAX: 409/698-2372 EXHIBIT 'C' NORTH AMERICAN HORSEMEN'S ASSOCIATION [NAHA] RISK REDUCTION PROGRAM FOR HORSE STABLES AND FARMS, BOARDING, BREEDING, LEASING, SALES, TRAINING AND LESSONS MOST STANDARDS ARE MANDATORY THE FOLLOWING RISK REDUCTION STANDARDS PRECEDED BY THE LETTER "M" MUST BE COMPLIED WITH AND FOLLOWED BY ANY PERSON OR BUSINESS OPERATORIMANAGER PURCHASING INSURANCE THROUGH NAHA FOR HORSE STABLES AND FARMS, BOARDING. BREEDING, LEASING, SALES, TRAINING AND LESSONS. Other points, or those noted in parenthesis ( ) are not mandatory but are strongly recommended. No mandatory standard will be waived without express written approval of NAHA. The term "horse" or "mount" shall herein refer to all equine species. This program may not apply to all situations. NAHA recommends that you seek legal counsel on how best to apply these or any standards in your state. MESSAGE TO OPERATORS: Public horse stable operators, breeding farms, trainers and riding instructors are the backbone of the horse industry in America. New enthusiasts enter the world of horses every day. For many of them it will be a ten year experience from the point of developing that first interest in horses, to expanding equestrian skills and riding styles at midpoint, until they either lose interest or find that they must part with their horses to attend school, get married, raise a family, change jobs, etc. Career horsemen and horsewomen who help them attain their goals assure that newcomers have a rewarding, long term experience with horses. These newcomers often look at career horsemen and horsewomen as celebrities or heros of a sort, hanging on every word they speak, watching every move they make, and taking it all as an example of how to handle horses and even how to live their lives. For this reason horse business operators have a great responsibility. Honesty, sincerity, knowledge, skill, dedication, and an attitude of safe handling of horses will guarantee that love and appreciation for horses will be passed on to future horse enthusiasts. The very future of the horse depends upon you, the career horseman and horsewoman, to always be your best. NAHA acknowledges that yours is a difficult business to do well, but well it must be done. Today civil law expects you to exercise a high degree of care to safeguard the lives and well-being of your customers. Currently the horse industry cherishes and enjoys a low degree of government regulation. The industry, as a whole, is struggling to remain so through demonstration that it can and will police itself. Career horse people experience current day pressure[from our safety and law suit conscious society] to self-police through the implementation of high quality, common sense, risk reduction programs. These programs must be cost effective and not over-burdening for an industry that often experiences marginal profits, while providing a service that is highly beneficial to society. NAHA administrators have been studying accident records of public stables and career horse people since 1976. We know that many such operations go three or more years before having an.accident. We know there are others that have multiple accidents every year. The difference is not just luck! The difference is very often in management and attitude. It is for this reason the following risk reduction program has been produced....To assist you in running the safest horse operation possible, and to help assure that top notch insurance companies will continue to provide horse operations with insurance coverages at acceptable rates well into the future. NAHA encourages you to add your own common-sense stable rules to this program. NAHA commends you for your contribution to the horse industry. SECTION 1, PRELIMINARY MEETING W/TH POTENTIAL CUSTOMERS 1. The stable manager or owner should meet with potential customers and parents/legal guardians prior to allowing a customer to utilize the stable's facilities and services, to determine if the stable is capable of adequately serving their goals and needs. An application should be completed which contains questions about the identity of the customer and all family members who may regularly visit the premises, to include the ages, addresses and telephone numbers of both parents/legal guardians, phone number and name of family doctor, level of horse experience,physical and mental disabilities, and to determine what current and future services are desired. Read and discuss stable rules, contracts and releases. Then send these home in duplicate,to be signed and reviewed with all family members. This initial visit should include a tour of the entire facility so that potential customers can determine if the facilities, fencing and stable are acceptable to them. SECT/ON ll. RELEASE FORMS, CONTRACTS AND OTHER FORMS 1. USE OF CONTRACTS, RELEASE AND WARNING FORMS The use of well-written release and warning agreements are necessary in nearly all commercial horse activities and must never be undervalued. A well-written form,properly completed by customers and operators, can make a major difference in event of later claim or litigation. If such forms are presented with a positive approach, most people will appreciate being informed about, and willing to accept the inherent risks of being around horses, just as they do when they participate in skiing and many other sports today. The initial use [or non-use or improper use] of a well written contract immediately "sets the business posture"of the stable, giving the customer their first impression that the business is well managed[or poorly managed]. M -2. NAHA MEMBER INSURED MUST IN ADVANCE HAVE ALL BOARDING BREEDING TRAINING LESSONS, AND LEASING CUSTOMERS READ AND SIGN CONTRACTS WITH LIABILITY RELEASES that are suitable for the activity participated in. [For example, a customer who leases a horse, places it in training, takes lessons and boards the horse all at your stable, will need to sign four [4] suitable contracts and release agreements.] Customers must sign new contracts with release agreements annually. Signed agreements must be kept on file in a safe place for a minimum of twenty years or as recommended by your attorney. [NAHA recommends that you annually seek legal counsel to review and update any agreement you may use.] The applicable NAHA Release or one approved by the NAHA must be used in addition to any similar form which is required for use under your state's Equine Activities Immunities Act. M -3. CONTRACT AND RELEASE CONTENT NAHA Stable, Boarding, Breeding, Training, Lesson, and Lease Agreements are suggested for use. However, you may develop your own with the assistance of your attorney. The clauses and/or statements A through G,which follow, must be inserted into your agreements. The exact wording may differ as appropriate for your business, but should be approved by your attorney prior to use. Your contract must be easy to read and legible. If you choose to develop and use your own agreements, send your final draft to NAHA administrators for approval prior to use. [For assistance please review the example contract to follow on page 4 and 5 of this risk reduction program.] A. TITLE of your contracts and releases shall be printed at the top of your contract in bold print as shown below. [See example of use to follow, and on Page 4, Exhibit A]: AGREEMENT AND LIABILITY RELEASE FORM [specify activity] B. WARNING CATCH PHRASES shall appear in bold print above the body of the contract as is appropriate. [See example to follow, and on Page 4, Exhibit B): PLEASE READ CAREFULLY BEFORE SIGNING SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. THIS OPERATOR DOES NOT GUARANTEE YOUR SAFETY. C. NATURE OF THE HORSE CLAUSE shall appear in the contract body of Boarding, Lessors and Lease Agreements for the purpose of riding or driving. [See example to follow, and on Page 4, Exhibit C]: EXAMPLE: ^I UNDERSTAND AND AGREE THAT . HORSEBACK RIDING IS CLASSIFIED AS RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, AND THAT THERE ARE NUMEROUS OBVIOUS AND NON•OBVIOUS INHERENT RISKS ALWAYS PRESENT IN SUCH ACTIVITY DESPITE ALL SAFETY PRECAUTIONS. NO HORSE IS A COMPLETELY SAFE HORSE. HORSES ARE 5 TO 15 TIMES LARGER, 20 TO 40 TIMES MORE POWERFUL, AND 3 TO d 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 INJURY TO THE RIDER. HORSEBACK RIDING OR HORSE DRIVING IS THE ONLY SPORT WHERE ONE MUCH SMALLER, WEAKER PREDATOR ANIMAL, THE HUMAN, TRIES TO CONTROL AND BECOME ONE UNIT OF MOVEMENT WITH ANOTHER MUCH LARGER, STRONGER PREY ANIMAL, THE HORSE, WITH EACH HAVING A LIMITED U14DERSTANDING 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, CHANGING DIRECTION OR SPEED AT WILL; SHIFTING ITS WEIGHT FROM SIDE TO SIDE; BUCKING; REARING; SITING; KICKING; OP. RUNNING FROM DANGER. D. ACCIDENT/MEDICAL INSURANCE AGREEMENT AND DISCLOSURE shall be part of all Boarding,Lessons and Lease Agreements for the purpose of riding or driving. Whether or not to allow an individual to participate without benefit of accident/medical insurance shall be determined by the operator. [See example below, and on Page 5. Exhibit D.]: I AGREE THAT: Should emergency medical treatment be required, I and/or my own accidenVmedical insurance company s for all such incurred expenses. My accident/medical insurance company i hall pay s and my policy number is E. PROTECTIVE HEADGEAR WARNING CLAUSE shall appear in the body of Boarding, Lesson and Lease Agreements for purpose of riding or driving. It is the operator's responsibility to at least warn customers to wear protective headgear. [See example to follow, and on Page 5, Exhibit E]: I AGREE THAT: I for myself and on behalf of my child and/or legal ward have been fully warned and advised by THIS STABLE that protective headgear which meets or exceeds the quality standards of the SEI CERTIFIED/ASTM STANDARD F 1163 Equestrian Helmet, should be purchased and worn while riding and being near horses and I do understand that the wearing of such headgear at these times may reduce severity of some of the wearer's head injuries and possible prevent the wearer's death from happening as the result of a fall and other occurrences. F. LIABILITY RELEASE shall be printed and stated clearly in the body of all contracts used for Boarding, Lessons _ and Lease agreements, and as is appropriate for other activities. [See example below, and on Page 5, Exhibit F] rLIA:.B�ILITY RELEASE - I AGREE THAT: In consideration of THIS STABLE allowing my participation in this tiity, under the terms set forth herein, I, the rider, for myself and on behalf of my child and/or gal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, lease, and discharge THIS STABLE, its owners, agents, employees, officers, directors, presentatives, assigns, members, owners of premises and trails, affiliated organizations, Insurers, d others acting on its behalf (hereinafter, collectively referred to as "ASSOCIATES"), of and from all claims, demands, causes of action, and legal liability, whether the same be knows; or unknown, anticipated—or unanticipated, due to THIS STABLE'S and/or ITS ASSOCIATES ordinary negligence; and I do further agree that except in the event of THIS STABLE'S gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against THIS STABLE and ITS ASSOCIATES as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child and/or legal ward in andling, Or relation to the premises and operations of THIS STABLE, to include while riding, Whether on or otherwise being near horses owned by or in the care, custod and control o. THIS STABLE, off the premises of THIS STABLE. G. SIGNATURE SECTION STATEMENT shall be printed above the signature lines of all your contracts. [See example below, and at the bottom of Page 5, Exhibit G.]: ALL RIDERS AND PARENTS OR GUARDIANS MUST SIGN BELOW AFTER READING THIS ENTIRE AGREEMENT SIGNER STATEMENT OF AWARENESS "I/WE, THE UNDERSIGNED HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT AND LIABILITY RELEASE.' This agreement and release example is relative to Section II, M-3 CONTRACT AND RELEASE CONTENT; A, 6, and C. EXHIBIT A ----------> HORSE RENTAL AGREEMENT AND LIABILITY RELEASE FORM FOR INDIVIDUALS This form must be completed by and for eaCt particloam STABLE NAME.nereinarter known as-THIS STABLE". LOCATION PLEASE READ CAREFULLY BEFORE SIGNING EXHIBIT B ----------> SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. THIS STABLE DOES NOT GUARANTEE YOUR SAFETY. A. REGISTRATION OF RIDERS AND AGREEMENT PURPOSE- in con wemlon of fine payment of a tee and lie signiN of tnis agraenvrl. I.the albwetg listed nOtv10ui1,and Itfa parent Or Ngal quardans ttereof it a rtrror.do ner,"agree w rkn from THIS STABLE a norse tack and equito eent.Persarne AM bait for it*purpose of Porseoack merle today and on as future dales RIDER - AGE Of Liner 21; WEIGHT HORSE RIDING EXPERIENCE NAME Oraf 2408 (Cttetll one whh[dI eppkasy 1 __YES __BEGINNER(under 10 tours) __NO —OVER 10 HOURS Does leas now nave dSaw"s and'a soil"needs.whim may area nsthw sat"and abridy to ride a horse.of wnr.n we snoua be awarel Yes No (Gros one) If-yes-.how ran we help Ins r10er wtm its rW syeaal needs? I WRITE INITIALS BELOW AFTER READING EACH SECTION PARENTS or GUARDIANS MUST ALSO INITIAL a B. AGREEMENT SCOPE AND TERRITORY AND OEF1NrrIONS--Ths agreemera snit be legally dnding upon me me registered filter and (riff pane's w legal guardians uweof d a minor.my hers,estate.assigns.including as minor awa in.and oersoral representatives:and d shag be Interpreted according to Ile laws of IN slate and county of THIS STABLE'S Dhysaal bcalon. Any dispute by the rider snag be litigated in and erne snag be Ire county n which THIS STABLE a pnyvea ty located C any cteusi.phrase or word s in comfit with sate law.then(rat singe pan Is nua and volt.The term"MORW herein snag mtw to all aquae species. Tfe term'HORSEBACK RIDING' herein shale rotor 10"drug or orhwwn5a rarKsing of"arses.pones,nVAlls.a donkeys.whether from Ina ground Or mounted. The term RIDER-"I harem fete/10 A Denson wro roes a nose mounted or omwwtw handles or comas near A noise Iom me ground. The terra t Y.-ME'.-MY-rhea herein her a the above registered rder and me Parents or legal guardians Inereof it a moor C ACTIVITY RISK CLASSIFICATION.-'UNDERSTAND THAT Horsebadk Ming is classified as PUGGED ADVENT:IP.E R£CR£ATIGNA, SORT ACTIVITf.and Dal tr.we are ymE/OUS ObvICiS and nn0/1obNaUs inherent risks a;wayi p'ase^I In such ac!,.-Y desoile all safe') - plecauaons. Accorauhg:o NEISS(Nal tal Electronic trttury Sun,aAtance Systems 01 United States Consumer Products)Larne acl-1 s lane 64th among 1M acvvaes Of people retaave a mfunes Wt result in a stay at U.S.taspiats Related injuries can be severe reWinng note hosatat nays and rVsurting in more lasting residual effe--s man intunes m arw aarwdtes. LWE writer understand(rat apdrearn mar De Panrcroatmg in a NILDERNESS EXPERIENCE'and nor nit merwrg Ot Ins lwm s defued As taaws- THE PURSUIT OF ADVENTURE TYPE ACTIVITY IN A WILD,RUGGED.AND UNCULTIVATED AREA OR REGION,AS OF FOREST and/or HILLS andor MOUNTAINS ardor PLAINS and/or WETLANDS,WHICH WOULD LIKELY BE UNINHABITED BY PEOPLE AND INHABITED BY WILD ANIMALS OF MANY TYPES AND SPECIES TO INCLUDE.BUT NOT LIMITED TO.MAMMALS,REPTILES.AND INSECTS.WHICH ARE NOT TAME, I MAY BE SAVAGE AND UNPREDICTABLE IN NATURE AND ALSO WANDERING AT THEIR WILL D NATURE OF STABLE HORSES-4 UNDERSTAND THAT THIS STABLE chooses es rental ndrses for mei calm asooerrans and sours EXHIBIT C --> basic 1M,nrig as is redurred la use as riding horses lee novice and oegivkng riders and THIS STABLE toapws a rigid risk rc4uction --"-'-- program rill m horse s a compeleiy sate nose r o• are 5 to 15 times larger,20 to 40 times are Dowerul.and 3 to 4 lames!, Iran a nu an It a rw3w tags from rasa to ground 9 w.11 genera,ty De at a distance of from 3/2:o 5`z 1"t and the rr caC.nay rerun in vwur) to me/der HOrsaaadk noing is the ony soon where pro mucn Ylallef weaker are< or anmw(mum trta5 IO rrdOSe its Will On aratner much Wger stronger prey animal win a rind of its o""Ih wwl and eacm has a Mv160 understanding of the otner 't a npf5a 4'ngrseried Or awoked,l ry).a.ven ism its 1raiYrlg ono as i¢Orprtg a its nahaai sYNrvat ifsllyds wApn nay nau0a.DUI are ndt Ienneo to Stop,,; sndn:Ctanding dwectars or speed at w,e SNnmg rs..eie'.Sucking.Rearing.Kicking Biting.or Running from danger Rev V97 Page 1 of 2 NA/+A r.rr 06 Plesse Connote'.Som Sdes: This agreement and release example is relative to Section II, M-3 CONTRACT AND RELEASE CONTENT; D, E, F, and G. WRITE 1IT-1-'0--12-PEADk+G PLEASE READ CAREFULLY BEFORE SIGNING EACH SECTO" PARENTS Or GUAMiANS OUST ALSO MITIA. E RIDER RESPONSIBILITY--t UNDERSTAND THAT Upon norwernq a mesa and akwrg F:rp News the rider a n pnnuiry eornra or:ra horse The riper s satery trgrwy oepenas Moon rrdfer affxty to tarty out srmpta wmrurdrYtS,aria hostler aauri to remmm Peened aooarc the movwg arkmw 1 agree riot Rw rider snag be responsible for tYimer own safety.and set of an Unoom Cnd a IM riper a pagnw, THIS STABLE advises Pregnant women not to nde horses.urea Per SSIOn a gran under aCVioe of her PrryWan F CONDITIONS OF NATURE-1 UNDERSTAND THAT THIS STABLE a NOT resporsoe,W but or I'Jaroaf acts.owu —s or elements of nature fruit can scare a horse cause it to W.or react n song otter unsafe way.SOME EXAMPLES ARE. Thumar.ugmrwrg.ram,wind. water.wild and Oonenrc rwnraa."salts.notaes.whim may walk,nun.or ay rear.or tYe or sang a horse or Parson ono vnguar tooting on out-of-ebor gmorted a wild and w+rcn a stoles to constant wnge in oonw,Orh acmrarrg to weather.enlpi ratan.rid natural and man-made annges in trioscaoe. G CARRYON OBJECTS AND SHARP NOISES--1 UNDERSTAND THAT:Riders mw rot m—bozo hems m rides wfvch tray Las.blow away. flap in fire wind.bounce make snare note".Possibly scamp a horse.SOME EXAMPLES ARE: Cameras.tuts not secsxIry tasterred under Ohn toys.purses. Riders mat not make snare.lad roans,sistt as screarning or ye".wltdr nay scan a horse H. SAOOLEGIRTHS-NATURAL LOOSENING-I UNDERSTAND THAT:SadM pmts(saddle fasteners around horse's OWy)ray loosen ourng a floe. If a rafter nwren Irks hwVw f xM alert We rearm guide of wrangler as quickly as Possba so action fen be taken to awe supoage of saddle and a powsual u/from the vknvl. EXHIBIT D ----------> I ACCIOENTDAEOICAL INSt1RANCE-1 AGREE THAT Should eneryeney nedcat fieatrrar be required.1 anap my own amarNrtwacal rrsuranroa mrToafry shell WY be Alf.wen nanea e,<pertses. My acad9nIt"dical nsurarim conpany a and rill Policy rRhoer IS J. PROTECTIVE HEADGEAR OFFERING: 1.W nryself and on befall of my dvM anNor agar ward,nave been offered a SEI CERTIFIED ASTM STANDARD F 1163 Equestnan Haktet fry THIS STABLE and do urdenstand oat the wearing of such headgear while nountrig.riSrg- damournng arkd otherww hewg around Mores.may prover or rectum faWemy of sons of The"wars head uryuri s and poarbfy,prover the wearers deem from happening w rte res„a of a tae and other ocpJrtercas it s understood tnat STABLE-PROVIOEO paecave headgear may,nor oe of Perfect fit fa each nders head.and that once provided VWE wE be respo srote for securing are heunf on ales riders head at ee toes. Mark w'X'below Otto DOA DelOre Vre sutemant whim desaoes lour atoned wear,a not to waa,.STABLE. EXHIBIT E ----------> PROVIDED potecwe headgear ( ) PROTECTIVE HEADGEAR ACCEPTANCE: VWE request to wear Prot-we headgear wncn THIS STABLE orovdes ( J PROTECTIVE HEADGEAR REFUSAL: VWE Musa b over any type of proulcf"neaogear anaor ww Provide MYIOUR own. VW£accept full resporarbtity for MWOUR safari in this dec:son. K LIABILITY RELEASE I AGREE THAT:In corsioerahon of THIS STABLE allowing my parnccfaton in ms act".under tfre terns set tom heram.I.the roar.or tryselt and on betas of my crwd andior egal yard.terns.aaruksualors.parsonal repeserahves qr assigns.do apse to hold harrteea,raeasa.and discharge THIS STABLE as owners.agents.engloyaes wkars,directors.represemawes.ass,grs, manner owner,of penises and Ines.Affiliated organzatnns.risurers.and Others aCwg on its behatf(hereinafter.Co"arvely referred EXHIBIT F ----------> to as"ASSOCIATES).of and from lee danrrs.damards causes of aarm and anal Maury wreeer the same to known or urvbwn. amiapated of unannot ated.due to THIS STABLE'S rdsW TLS ASSOCIATES orOriary negligence.and 1 do Lmer agree eat Sao in the awn of THE STABLES gross negligence and wOhA and wanton msconWO.I sh U not bog arty duns,demands.legal actions and causes of action.agarm THE STABLE"ITS ASSOCIATES as strew acove n this muse.br airy acadrT.e and rroe+eeordrrke bass dtue to oddity rµJry.death.Property damage,stasared by me rdbr my mnor mid ard'p legal ward m reaton to the premises and operations of THIS STABLE.to rcklas whin rang.handing.or Otherwse Dewy her horses owned by or n lie care,c sfooy and control of THE STABLE.whether cart or off the pramsets of THIS STABLE. All Riders and Parents or Legal Guardians must sign below after reading this entire document.Each-spouse must sign: EXHIBIT G - -----> SIGNER STATEMENT OF AWARENESS fWE THE UNDERSIGNED HAVE READ AND 00 UNDERSTAND THE FOREGOING AGREEMENT.WARNINGS.RE 1SE AND ASSUMPTION OF RISK VWE FURTHER ---------> ATTEST THAT=LL(ACTS RELATING TO THE APPLICANTS PHYSICAL CONDITION EXPERIENCE AND AGE APE TRUS AND ACCURATE SIGNATURE OF RIDER(Spouses must Syr for nernsewef.; OAT£ br DATE SJGhu TUBE OF PARENT.GUARDIAN ANOVOR SPOUSE r 1 N W OF RIDER(PekN Pell to— DATE SIGN TURE OF PA PENT CrUAROIAN ANOOR SPOUSE r 2 NAME OF RIDER(Pease P 1 P—a &S Pane Pe. f9; Page 2 of 2 NAHA F—06 (Peau Cmryeue Boil,Srdesi D - M - 4. BEFORE USING NAHA FORMS OR OTHER BLANK FORMS You must have your exact stable or business name and address typed or hand printed on the designated lines or areas heading the form prior to use. [NAHA forms may then be reproduced for use in your operation.] A - 5. PRESENTATION OF CONTRACTS/RELEASE AGREEMENTS Contracts/Release Agreements must be presented to, and signed by, each customer or participant and also by parents or legal guardians if under lega! age[a minor]. Sign-up sheets having multiple signature lines are not adequate as a contract/release agreement. (However, they are suggested for daily use in addition to individual contracts/release forms, provided they give the name, date and time a customer arrived, name of horse ridden, and other people who were also present at the time.) The presenter shall verbally point out to each signer the heading catch-phrases of warning; health insurance disclosure clause; the riding helmet warning clause; the release agreement clause; and that the form must be signed at the bottom of last page. NEVER HAND MARK AN"X"AT OR NEAR THE SIGNATURE LINE OF ANY CONTRACT OR AGREEMENT. M - 6. ALLOW SUFFICIENT TIME for customers to read the agreement. [It may be preferable to have customers review all applicable release forms and stable rules at home in advance of the first stable activity.] At the time the customer returns the signed forms to the stable (presenter) be sure to ask, "HAVE YOU READ ITS" "DO YOU UNDERSTAND IT?" Be willing to discuss the release. Explain....DO NOT CONCEAL...that the document is a release of liability. M - 7. REVIEW THE COMPLETED RELEASE AGREEMENT to be certain all sections are fully and correctly completed, and if there are any special weight, health or other conditions which will require special attention or activity refusal. Be sure that signatures are properly executed. Give a copy of the signed agreement to the customer. 8. "WARNING FORMS" ABOUT NATURE OF THE HORSE should be presented to buyers when trying and/or selling a horse so buyers cannot later state they did not understand the nature of the horse, and that the seller failed to advise them. [Example provided in membership kit - Use NAHA Form 15.] 9. FORMAL OATHS OR CODES OF ETHICS If any stable operator or staff members have taken a formal oath __... or agreed to a formal Code of Ethics which requires a higher degree of care than those of the North American Horsemen's Association, they must comply with the higher degree of care to which they have agreed. SECTION HL STABLE EQUIPMENT & CONSTRUCTION & FIRE HAZARDS M - 1. FIRE EXTINGUISHERS Stables must be adequately equipped with working fire extinguishers installed near tack rooms, feed storage areas, grooming areas, and in other appropriate places. Fire extinguishers must be checked regularly and maintained according to manufacturer instructions. 2. STABLE LOFT OR BEDDING AND HAY STORAGE AREAS should be well ventilated. Do not store damp hay or shavings. Ideally, no more than a two week supply of hay or straw should be stored in the stable at one time. Large quantities should be stored in a separate building that is 150 feet or more from stables where animals are kept. 3. LIGHT FIXTURES IN ALLEYS AND STALLS should be high enough so that horses cannot reach them even when rearing up. If this is not possible then the bulbs should be covered with a strong protective case or globe. Light bulbs shall be kept clean and free of dust and cobwebs. 4. MOTOR VEHICLES should not be stored in stables. M - 5. STORAGE OF FLAMMABLES Do not store gas, ammunition, or any other explosives or highly flammable material in or near stable. M - 6. FOAM TYPE INSULATION on walls or ceilings must be covered by wood or metal and not be directly exposed, as it is highly flammable. M - 7. USE OF COIL OR OTHER SINGLE PAIL HEATERS by customers and employees must be carefully monitored and restricted. [Many fires have started when such heaters are left on and forgotten in pails or on the floor overnight.] M _ g, GRASS AROUND BUILDINGS must be kept mowed. g. ELECTRICAL WIRING in all buildings must be up-to-date, inspected, and safe. 10. RIDING ARENAS AND SCHOOLING CORRALS Riding arenas should be at least)Should be attached on he inside of constructed l t a posts. In planning a raiding arena once barrier. Rails or fencing material should estimate that each horse will require about: A. 16 linear feet along the rail to accommodate the walk; B. 24 linear feet along the rail to accommodate the walk and trot; and C. 32 linear feet along the rail to accommodate the canter or lope and hand gallop. NAHA acknowledges that these are general guidelines hat4is standard forthe�industry. Arenas Arenas horses in use and be clear and activity type. Footing should be level and of a type free of obstructions and hazards such ns o s to machinery, accommodater�hehnumbes omhorses bdess and riding rocks styles holes. It should be of adequate dime utilizing the premises. SCHOOLING CORRALS are suggested for schooling e a closer horses roximity between horse and hander,better control gaits. Depending upon the situation corrals provide P take and concentration for trainers, instruntaorsSuch corrals sshoudnbe at least 4' high and 45rrX 45!to 60nX 60 congestion pressure off the main are square. Some trainers prefer square training corrals because they use corners for schooling and control, while others prefer round schooling corrals. SECTION IV. HORSE PROTECTION CONSIDERATIONS M _ 1. LIGHT METAL-CLAD STABLE BUILDINGS outer walls mus I the metal, wdhichrlikely would substantial cause material securely affixed high enough to deter a horse from kicking through line severe injury. The height of this covering should reach high as the back which a e°des gned shall occupy the stall. [NOT MA NDATORY on commercially specifically for horses by the manufacturer or builder.] 2. HORSE ENVIRONMENT SAFETY Stalls, alley ways,grooming areas, paddocks,oects and corners. rStallolat h places which horses occupy should be kept free and clear of s p P dead bolts should be adjusted so that horses cannot become hurt by them or have a saddle catch on them when moving through the doorway. 3. STALLS AND ALLEY FLOORS should have moderately rough surfaces and not be slippery under normal conditions or when wet. may 4. CROSS TIES should have quick release snaps or other quick release Crross ties should be used with great care)if one be rapidly released should a horse fall or twist in the cross tie does not know for certain that the horse is fully trained to that kind of restraint. Horses have been known to rear up and fall down in cross ties, breaking their necks. If in doubt, it is best to attach only one side of the cross tie. M _ 5, FENCING AND GATE/STALLfLATCHES single strand electric horses wiee and anyeotheabypeof fenced single such purpose. No barbed wire 9, strand or single rail fence may be used for horses. Strand wire fences must be at least three strands high, if not electrified, and at least two if electric. All types of fences must be well constructed and maintained in good condition at all times. Fences must be both high enough [at least 3' 6"] and low enough to keep horses from jumping over or crawling under. A standard commercially made type of fencing for the horse industry is recommended. (Further information on fence building may be obtained from your county extension office.] All . fences must be checked for damage at least once every two weeks and the day following a bad storm. Gate aid stall latches shall be of complex enough design-and positioned in such a way that they are not easily opened by horses and small children. Padlocking gates, stall and barn doors is not advised when horses are inside the enclosure or building so that evacuation is easy in the event of a fire or storm. Wooden posts,corner posts. and rails, shall be checked often for rotting and repaired and replaced as soon as is practicable. Check with your local government offices to be sure you are in compliance with any mandatory fencing requirements. M - 6. FEED STORAGE AREAS must be secured and inaccessible to loose horses. M - 7. MANURE REMOVAL shall be done on a regular basis for safety and health reasons. Watch for overheating in the manure pile or pit. 8. HALTERS WITH LEAD STRAPS should be hung outside or near each stall that is occupied by a horse in case emergency exit is required. Halters should not be left on horses when not being handled, as a halter can catch on a fence or a horse could catch its hind foot in its halter. (Safety release halters are now available which may help solve this problem.) 9. STABLE WINDOWS should be covered with wire mesh,bars, or other protective barriers, so that horses cannot break windows. M - 10. TRAILER FLOOR BOARDS If you haul horses for other people you must check the floor boards of your trailer once per month, or before each haul, for rotting or deterioration. [NOT MANDATORY: Always double check the hitch at each rest stop on long trips. Watch trailer tires in transit for smoke or fire on tandem type rigs, and carry a small fire extinguisher which is in working order. It is best to always have at least two people on any horse transport. Take corners slowly. Stop slowly and accelerate slowly.] 11. HORSE FEEDING PROGRAM Because horses have a delicate digestive system they should be fed small meals at regularly scheduled intervals (2 to 4 times daily). Provide plenty of roughage in your horses'diet. Feed only good quality, clean forage and grain. Slowly implement changes in feed types and amounts. Clean, fresh water should be available to horses at all times. 12. DAILY EXERCISE and/or turn-out in pasture or paddocks is extremely beneficial to the health of most horses. M - 13. TOXIC MATERIAL USE AND DISPOSAL Any insecticide/pesticide used must be labeled °Approved for equines and/or for their use in the environment." Properly dispose of all pollutants and containers of toxic material to avoid injury to horses, people and the environment, according to manufacturer's instructions or government regulations. This includes medical waste used for emergency treatment of people involving blood and/or body fluid. 14. TURN OUT PADDOCKS AND PASTURES should have shelter from wind and weather.• All such areas should also be adequately drained to prevent animals from standing in mud or water for extended periods of time. M - 15. BOARDED HORSE MORTALITY INSURANCE If a boarded horse is injured or sick, call the veterinarian and the horse owner immediately. If there is life insurance on the horse be sure to promptly advise the insurance company as well, or the horse owner may not get paid should the horse die. You could be held liable if this was your responsibility. - M - 16. MEDICATIONS AND INJECTIONS must not be given to boarded horses by your stable management except when authorized in writing by a licensed veterinarian under his or her explicit instruction. [Here we are speaking of heavy medications, not minor medications.] Other types of light medication or treatment must only be given with the horse owner's explicit written approval. SECTION V. POSTING SIGNS IN STABLE BUILDINGS WHICH PUBLIC MAY ENTER M - 1. EMERGENCY PHONE NUMBERS must be posted for police, veterinarians, fire department and hospital beside all phones. [Provided in membership kit; NAHA Form 43.] M - 2. EMERGENCY EXIT PLAN for horses must be prominently posted, and must be practiced at least twice per year. [Your own] M - 3. STABLE RULES must be prominently posted in stables. [Your own] M 4. "HORSES MAY BITE" SIGNS must be posted to warn customers and visitors that it is the nature of the horse to sometimes bite,though not necessarily in a vicious way, and that they should not put fingers into horse's stalls. [Provided in membership kit; NAHA Form 471 M - 5. BOARDER'S TACK AND EQUIPMENT SIGN must be posted to advise all boarders and outsiders as follows: "DIRECT LOSS OR DAMAGE, INJURY TO YOUR HORSE, TACK, EQUIPMENT AND TRAILER IS NOT COVERED BY THE STABLE'S INSURANCE. BECAUSE YOU, AS OWNER OF THESE ITEMS, HAVE THE FINANCIAL INTEREST IN THEM IT IS UP TO YOU TO BE SURE THEY ARE INSURED UNDER A HOMEOWNER'S, TENANT'S OR OTHER INSURANCE POLICY, OR UNDER A SEPARATE POLICY AS IN THE CASE OF THE LOSS OF A HORSE." [Provided in membership kit; NAHA Form 441 M - 6. "PLEASE KNOCK BEFORE ENTERING" SIGNS must be posted on the outside of all doors which open to high traffic areas of the stable, such as alleys or arenas. [Provided in membership kit; NAHA Form 451 M - 7. "NO SMOKING" SIGNS must be posted. [Provided in membership kit; NAHA Form 46] M - 8. "RIDE AT OWN RISK" SIGNS must be posted. [Provided in membership kit; NAHA Form 111] M - 9. "CHILD SUPERVISION" SIGN must be posted [Provided in membership kit; NAHA Form 118] 10. "NO TRESPASSING" SIGNS should be posted along public roadways and around the entire outside perimeter of your property. Be sure the distance between signs and the size of lettering meets requirements of your state's No Trespassing Laws. M - 11. SIGNS REQUIRED BY STATE AND FEDERAL LAW must be prominently posted. SECTION VI. MANAGING EMPLOYEES AND CUSTOMERS 1. WORKER COMPENSATION AND LABOR LAWS If you have part-time or full-time employees, or contract labor helpers, be certain you are in compliance with the worker compensation and labor laws of your state. This can best be done by contacting an attorney, the state Worker's Compensation Division and/or Department of Labor. EMPLOYEE INJURIES EXPRESSLY ARE NOT COVERED UNDER A GENERAL LIABILITY POLICY. M - 2. EMPLOYEE BACKGROUND CHECK Only the most reputable counselors, instructors, and personnel may be employed. Employment applications, employee health records, references, and training certification papers, shall be carefully screened in advance of hiring. Minimum age of counselors is 16,or as is required by your state law. (SUGGESTED: Pre-employment screening should include a background check for criminal convictions through your local law enforcement agency. Employer must have written signed permission for this type of disclosure by applicant. It is also suggested,thatwritten pre-employment personality,ethics and intelligence tests be given to applicants. Currently such tests are legal in most states, as of the date of this printing. However, check with your State Employment Offices or legal counsel.) M - 3. EMPLOYEE RECORDS generally shall be kept on file for fifteen to twenty years or as recommended by your legal counsel. Employment applications should be completed by each employee and references provided to the employer. Employers shall fully check out all references prior to hiring. Next-of-kin names, addresses, phone numbers, and forwarding addresses must be on file. Employees often become prime witnesses in claims or litigation and it is important that they can be found easily after termination of employment. Seek legal counsel on all employee applications, agreements or contracts and be careful of what you promise verbally and in writing to employees. 4. EMPLOYEE APPAREL Suitable apparel is required for personnel working around horses, to include smooth, full soled boots or shoes that cover the ankle[with at least one inch heels when riding], and ankle length, flexible or moderately loose fitting pants. (The use of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Riding Helmet is highly recommended and the stable must at least recommend that all persons working around horses wear them consistently.) M - 5. OBVIOUSLY INTOXICATED PEOPLE must not be allowed to ride or come near horses under any circumstances. 6. PROOF OF BOARDER'S PERSONAL LIABILITY INSURANCE Boarders should provide to the stable, proof of personal liability insurance to cover their own negligent acts or injuries or damages their animals may cause. - 7. BASIC FIRST AID should be taught to all personnel and if possible, to customers. Such training should be done by a certified first aid teacher. [For more information contact American Red Cross.] it is important that personnel are able to recognize signs of serious human injury and know what to do while waiting for medical assistance. First-aid kits should be available,and visible to all personnel and adult customers. Kits must be fully supplied and contain disposable surgical masks, a good supply of disposable gloves, disposable mouthpieces and proper medical waste disposal equipment due to HIV infectious diseases and OSHA Hazards and Exposure regulation requirements for working with blood and body fluid related injuries. Emergency medical treatment should be offered to injured parties and provided without delay when requested or warranted. 8. SAFETY INCENTIVE PROGRAMS Consider implementing a stable incentive or award program for students, boarders, and employees to encourage safety around horses and on premises. M - 9. RISK REDUCTION MEETINGS AND SAFETY DRILLS Have monthly or weekly risk reduction meetings. Read and review rules and all applicable Risk Reduction Programs with staff. Drill staff on emergency procedures by setting up mock emergencies,so they will be able to competently handle a similar real emergency. Staff shall include, but not be limited to, employees, instructors, trainers, volunteers and/or anyone working on behalf of the stable owner. Document these meetings and retain documentation on file for twenty years. 10. BUSINESS PROCEDURES MANUAL If you do not already have a Business Procedures Manual we strongly suggest that you develop one. Procedure manuals are becoming more important to business operations due to current legal climate. Staff members generally want to do a good job, however, they may need consistent guidance and direction when other management is not available. Procedure manuals help fill this need by serving as a training tool and providing consistency. Among items that should be contained in the Procedures Manual are: A. Communications - to insure the right thing is being said; B. General Organization Of Your Business -who reports to whom, who is responsible for what; C. Procedures-this is the main part of the manual and should include instructions on completing and filing registration forms, release agreements, inspection check lists maintenance of records and other written materials, documenting phone calls, daily stable routine, company policy and procedure concerning sexual harassment and child molestation situations,'emergency procedures and any OSHA and Americans with Disabilities Act requirements; and D Any Mandatory Standards with which you are required to comply including those of the North American Horsemen's Association. The NAHA Risk Reduction Programs provide an outline to assist in developing this manual. -- Several copies of the Procedures Manual should be located in an area that is accessible and visible to all staff members at all times. Staff should be advised at the time of hiring and again during Risk Reduction Meetings where the Procedures Manual is located and that it must be read by them at the commencement of their employment. Procedures Manual pages should be numbered and dated. Never throw away a discontinued manual or manual page, but keep these on file in a safe place for not less than 20 years. 11. SEVERE ACCIDENT OBSERVERS--Staff and Customer Stress In the event of a disturbing or severe accident be sure to consider and act quickly to reduce the stress and trauma of your staff and customers who were present. The American Red Cross may be able to provide assistance. 12. CUSTOMER SUPERVISION Children under age six should not be allowed to ride horses except under highly, controlled one-on-one or two-on-one circumstances. [See NAHA Risk Reduction Program for Pony Rides;NAHA Form 24.] The stable should also establish supervision rules of their own relative to horse handling on premises. Due to the inherent risks involved with being around large livestock, such as horses, NAHA recommends the following: A. Children under 12 years of age; B. Children under legal age lacking seasoned horse experience; and C. Children with behavior problems or persons with disabilities... should be under=constant supervision of parent,guardian,or other supervisor specifically appointed by the parent or guardian. Children under 6 years of age should be firmly held by the hand, carried by their attending adult, or restrained in some way when walking about the stable grounds. A general rule of thumb is that children should not be allowed to lead a horse that is two times taller (or more) than they are, measured while the child is standing and compare that measurement to the horse's head at its highest normal position. When providing staff supervision of able bodied, able minded children the ratio of staff to children should be at least: AGES OF CHILDREN NUMBER OF CHILDREN NUMBER OF STAFF SUPERVISORS REQUIRED Up to 8 Yrs. 1 to 6 1 8 to 10 Yrs. 1 to 8 1 Over 10 Yrs. 1 to 10 1 13. SUGGESTED PRACTICE ARENA ETIQUETTE Knowledge of and compliance with well established rules enable several riders or handlers of equines to work their horses at the same time in a riding arena without causing an accident: A. Knock on entry door or give an established signal that you wish to enter the arena. Carefully and slowly open the door to observe that no one is about to pass the doorway. If in doubt, ask permission to enter and wait for a reply prior to entering. B. To mount or dismount, go to an unoccupied area in the center of one-half of the arena where there will likely be adequate space available without interfering with the work of other riders. The same applies to a rider wanting to halt, to rest, or adjust girth, stirrups or other tack. C. Always try to keep the safest possible distance of 6 to 10 feet away from other horses in front of or behind your mount, and at least 3'/2 feet from horses at your side. D._ _ Riders at a walk (slower riders) should ride 6'/2 to 10 feet away from the rail or wall (the inside track), leaving the rail or wall (the outside track) free to use by faster riders. E. Riders working on a smaller circle or track must give way to riders working their horses on the rail or wall, "going large", around the entire arena. F. When riders meet each other face to face they should always pass each other left leg to left leg. Keep to the right. G. If a command is given by a rider, or instructor,for all other riders to change direction, riders already going that direction have the right of way. Riders who have not yet changed direction must give way and ride on the inside track 6 1/2 to 10 feet from the rail or wall. H. If other riders are present, lunging of a horse in the arena should only be done by asking and getting permission of those in the arena, or the management, and only with a well behaved horse. I. Poorly behaved, or extremely unpredictable horses should be worked either alone in the arena or at times when the arena is not busy. SECTION V/I. RIDING LESSONS AND SCHOOL HORSES M - 1. RIDING INSTRUCTOR CREDENTIALS Riding Instructors must be at least 18 years old and Assistant Instructors must be at least 16 years old and hired or allowed to teach on your premises only if they have adequate experience in the type of riding they plan to teach. (Certified instructors are preferred over non-certified,although NAHA acknowledges that there are many excellent -non-certified instructors. Instructors should be articulate, good educators, be a good rider and horse trainer, as well as a good instructor, so that they can demonstrate the methods they teach. Riding Instructors should be chosen according to the safety records of their students, not only under private instruction, but in their students' private riding, as well as instructors being accountable for safety practices in their own personal riding. Instructors' credentials, references, and certification papers should be carefully reviewed prior to hiring. Independent Instructors should carry their own liability insurance and list the premises owner as an additional insured on that policy,providing proof[a Certificate of Insurance] of coverage to the premises owner. Any other insurance arrangement should be discussed with your insurance agent and/or attorney. Independent Instructors should carry their own accident/medical insurance.) 2. MAXIMUM RIDING CLASS SIZE is suggested to be eight students. M - 3. STABLE OWNED/LEASED SCHOOL HORSES must be well-trained, tested, and seasoned specifically for use as school horses to provide only the safest possible rides for the type of riding taught. No horse with a history of behavior problems may be used,such as: kickers, biters, horses which run away, rear up, lay down or stumble with a mounted rider; those difficult to control, stop, or have other dangerous vices or habits of any type, which are potentially dangerous to people or other horses. A horse of this type must not be kept on premises of a public stable. ONCE A SCHOOL HORSE HAS PARTICIPATED 1N, OR CAUSED AN ACCIDENT IT IS CONSIDERED TO HAVE A HISTORY OR REPUTATION, AND IT MUST NOT BE USED AS A SCHOOL HORSE AGAIN UNLESS CLEARED FOR USAGE IN WRITING BY YOUR LIABILITY INSURANCE COMPANY. v. School horses must be healthy, well-fed, receive regular farrier and vet care, and must be treated and handled humanely at all times. Mounts with loose shoes, sore backs or mouths, lameness, open wounds or other ailments, must not be used until fully repaired or recovered. (School horses should be used for lessons no longer than six hours per day and given at least one to two days rest per week. Effort should be made to control biting insects on school horses during lessons.) 4. SCHOOL HORSE BASIC TRAINING should include to: A. Stand still while being mounted; _B. _ Respond to word commands "WHOA" or "HALT" and "WALK"; C. Move forward at cues of slackening the reins and kicking, nudging, or squeezing inward with inside of lower leg or heel; D. Slow down or stop easily by "checking" or pulling back on the reins; E. Move at an even pace on slack reins; F. Be accustomed to loud, sharp noises such as screaming and gun shots; and G. Be accustomed to quick movements such as objects dropping at their side, passing cars or machinery, etc. M - 5. UNSUPERVISED STUDENT USE OF STABLE SCHOOL HORSES Students using stable school horses must not be allowed to bring horses out of paddocks or stalls, to groom, saddle, or ride them,without supervision: of responsible stable management personnel. Many accidents have been caused because of inexperienced people doing this, and then getting kicked or injured in some way. M - 6. SCHOOL HORSE SADDLE GIRTHS/CINCHES You must check cinch/girth tightness on saddles on all horses your business provides for each guest patron, and make re-adjustments for proper security and fit as needed at least these three times: A. before mounting; B. just after mounting; and C. after 10 to 15 minutes of riding. (Wide girths/cinches are suggested.) (This is also a good time to check the fit and adjustment of students protective headgear. See M-8 of this Section, Protective Head Gear.) M - 7. STABLE TACK SUITABILITY AND CONDITION Daily use of a written tack and equipment check list is required. Stable saddles, bridles, and other tack and equipment must be suitable for the horse, rider and activity. Stirrups must be adjusted to the proper length for the rider prior to riding.The stirrup base must be wider than the rider's shoes across the widest part of the arch. Tack must be checked daily for wear and dangerous deterioration or breakage,paying particular attention to condition of girth/cinch and leathers,stirrups and leathers. and stability of saddle tree and horn. Bridles shall be inspected daily for wear or breakage potential, particularly paying attention to junctures, reins, chin strap, throat latch strap, and bit condition. Damaged parts must be properly repaired prior to being used for riding or handling horses. Leather tack must be cleaned regularly and maintained in supple condition through regular application of leather oil, soap, or other leather preparation. Saddle blankets and cloth or string girths/cinches shall be washed and cleaned regularly and free of debris. (Use of both a saddle pad and blanket are suggested to avoid sore backs.) After tacking up, double check that all equipment is properly fastened and fitted. M - 8. PROTECTIVE HEAD GEAR The stable must at least suggest and warn all customers that protective head gear may protect them from some serious head injuries and even death. This must be done in writing through the stable's release agreement and also verbally prior to lessons. If the stable provides helmets they must be placed in a highly visible area where riders can see them often. If a stable provides helmets it must maintain an adequate number of commercially made riding helmets, with chin harnesses, in a variety of sizes, in clean and sound condition. Management must be sure that if riders choose to wear stable-provided helmets during lessons, that they fit reasonably well, and are fastened securely under the chin prior to mounting, throughout lesson, and until after dismounting. Head Gear fit and adjustment shall be checked during Saddle and Girth/Cinch check time. [See M-6 of this Section - School Horse Saddle Girths/Cinches.] (It is recommended that all minor children wear helmets during lessons, and that all students wear them while jumping or riding in speed activities.) All member-insured operators,whose stables provide protective headgear for public use, must provide protective head gear all of which bears the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Riding Helmet labeling. If any stable-owned helmet receives a blow it must be replaced and taken out of service immediately. Helmet manufacturer's care instructions must be adhered to. Clean and disinfect helmets frequently. M - 9. STUDENTS WITH PHYSICAL OR MENTAL DISABILITIES, CONDITIONS, OR DISORDERS, to include extremely obese weight conditions, advanced age, frail condition, or those people who do not understand the language of the attending personnel, also require special advance care and consideration. Students of these types, or their parents or guardians, shall be cautioned, and in extenuating circumstances be refused to ride a horse should such a condition be potentially hazardous to health and safety of themselves, other riders and the horse's welfare. Some situations will warrant the use of spotters and/or interpreters. Review and comply with requirements relative to the Americans With Disabilities Act. [It is appropriate to ask a rider or their parent or- guardian if they have disabilities special needs and how your staff may help with those needs. You and your staff should only be providing those services which you feel you can safely accommodate without excessive risk. For more information about riding for the disabled contact: NORTH AMERICAN RIDING FOR THE HANDICAPPED ASSOCIATION, INC.; PO Box 33150; Denver, CO 80233 Telephone: 1-800-369-RIDE(7433).] WARNING: Downs Syndrome people must have a negative X-ray of their necks(or written permission from their Doctor) or the simple movement of riding a horse could kill them. M - 10. WARN WOMEN that if pregnant they should only ride under the advice of their physician and that your stable advises women not to ride while pregnant. 11. A RIDER'S SIZE shall correlate with the size of school horse chosen for them, both with regard to height and weight. No rider's weight should exceed 240 pounds. A general "rule of thumb" is that a rider shall weigh no more than 20% of the weight of the mount. EXAMPLE: A rider of no more than 200 pounds on a 1000 pound horse; no more than 160 pounds on an 800 pound horse. Another general "rule of thumb" on the question of size is that the rider, measured at the top of the head while standing on the ground, should be no shorter than the top-line of the horse's back. The horse should be of appropriate size to allow the rider's legs to be under the rider's body, and the rider's feet to reach at least halfway down the sides of the horse. The rider should be no taller than mid-chest level to the top line of the horse's back. NAHA acknowledges that these newly introduced general recommendations are applicable primarily to novices and beginning riders, and are open to industry evaluation. M - 12. RIDING STUDENT RECORD KEEPING Records must be maintained on file concerning riding studer,;s for a minimum of 20 years. Besides original release agreements, registration lists, or sign-up sheets should be maintained which include the names of all students in a class, names of horses assigned to each, the date of the lesson, and stable personnel on duty. Such information will become invaluable when preparing defense for a legal case or claim. 13. TEACHING CHILDREN Instruction,warnings and grounds rules should be repeated several times to children in simple terms, since they generally have a limited ability to comprehend and understand singly given, or written instructions. M - 14. RIDERS OR PASSENGERS SECURED OR FASTENED ONTO SADDLES OR HORSES No operator or their staff may secure, or fasten any guest, patron rider or passenger onto a saddle or horse, by buckling, tying, binding, fixing of fastening straps or any other apparatus. This requirement applies to all types of equine riding and driving activities except Carrousel Pony Rides on which the use of a safety strap is common practice. SECTION VIII. PREMISES MANAGEMENT 1. STATE EQUINE ACTIVITIES IMMUNITIES ACTS have been passed recently by several states. Such laws are introduced to limit and protect the legal liability position of the equine owner, equine business owner or manager, and equine event manager. However, this will only be possible if mandated requirements are followed to the letter. If you operate an equine business, are an equine event manager, or a resident horse owner in such a state, you must carefully study the law and immediately comply with any mandated requirements which would - apply to your situation, including the posting of any state mandated signs and use of release agreements. States which have passed such laws as of this printing are: AL, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, KS, KY, LA, ME, MA, MI, MN, MS, MO, MT, NM, ND, OH, OR, RI, SC, SD, TN, TX, UT, VA, WA, WV, WI and WY. M - 2. LOOSE HORSES AND OTHER LARGE LIVESTOCK must not be allowed to wander loose in the yard when the facility is open to the public. [One of the causes of severe accidents to people, property and animals,is when loose horses and other large livestock run onto public roadways in non-open range areas. While it is not always possible to keep large livestock from getting loose or away from a handler, it is possible to stop most horse-car accidents. If you live on a dead end road or a very long driveway this likely will not be a problem. However, if your facility is close to a roadway, some type of fence and/or gate barrier system should be constructed across entrances to public roadways, or around facility exits, or of other corralling design which will prevent loose livestock from running onto roadways.] M - 3. TRAIL STABLE AND PASTURE MAINTENANCE Keep all designated riding areas and trails on premises-,_ clear of obstacles and holes, low hanging objects and branches. You must exterminate any bees or wasp nests along trails and around stables as soon as is practicable, once noticed. Sharp objects and toxic plants must be removed from pasture and stall areas. (Your county extension agent should be able to give you more information on toxic plants.) Hazardous conditions which suddenly arise must be marked clearly with a warning sign until the condition can be neutralized, as soon as possible and prudent. Grass must be kept mowed around stables to avoid fire hazard. (Trails on your premises should be marked, mowed, and mapped if they are to be used without trail guides by boarders or the general public.) M - 4. DOGS AND PETS Vicious, noisy, darting dogs or other pets must not be allowed to roam when visitors are on premises, nor should they be allowed to chase or follow horses. 5. BEWARE OF THE "ATTRACTIVE NUISANCE" Vicious or unpredictable horses should not be housed or turned out into pens that are highly visible areas to the public because innocent children who cannot read warnings may be attracted to them. This includes stallions, mares with new foals, etc. A - 6. UNIQUELY DANGEROUS ANIMALS Do nut keep a horse with uniquely dangerous or vicious habits for pleasure,personal, school horse, or breeding horse usage at a public-oriented stable. Harboring any dangerous or vicious animal can make you strictly or absolutely liable if the animal is involved in an accident. The same applies to vicious dogs and wild animals kept as pets. N - 7. WARNING OTHERS When sending your horse out for training, breeding, boarding, or when having your veterinarian or farrier work on your horse, or when riding with companions, be sure to warn them of any unusual behavior the horse may have; such as the propensity to bite, buck, strike or kick. 8. FINAL NIGHTLY INSPECTION OF THE STABLES should be made by management personnel or an employee after being closed to the public to be sure there are no pail warming heaters on, to check all gates, doors and stall latches, to check condition of the animals, etc. SECTION IX. HORSE SHOWS AND EVENTS Please also review NAHA Risk Reduction Program for Horses Clubs and Single Day Events, Form 16[rev. 1/97]. SECTION X. HORSE RENTAL AND TRAIL RIDES, GUIDES AND OUTFITTERS, DUDE RANCH AND RESORT AND HORSE RELATED CAMP OPERATORS Those insured by NAHA must implement NAHA Horse Rental and Trail Rides, Guides and Outfitters, Dude Ranches and Resorts, and Horse Related Camps, Risk Reduction Program, Form 21 [rev. 1/97]. SECTION XI. ADVERTISING ACCURACY AND IMPROPER USE OF INFORMATION Be sure all advertising and promotional materials are accurate and contain current information. Review such materials at least every six months.- Eliminate all misleading information. Do not use pictures, art work, or quotes done by others, or brand names without getting express written approval to do so. SECTION XII. LEASING AND SELLING OF HORSES 1. Any horse lease arrangement should only be done by agreement in writing. Each lease arrangement is unique. and legaFcounsel should be sought on all such arrangements. Carefully review each agreement clause to be sure it applies to your situation prior to signing. Pay special attention to who shall be responsible for vet and farrier bills and insurance. [To assist you refer to NAHA Lease Agreement Forms 28A and 29A.] 2. When leasing out a horse be sure the lessee carries liability insurance which will cover related injuries or_ damages caused by the animal while in the lessee's care, custody and control. Proof of coverage should be provided to the lessor [horse owner]. It may be desirable that the lessor be listed as an additional insured on I he policy. 3. Short term lease agreements of six months or less, for the purpose of riding, may also warrant the signing of a horse rental agreement. 4. Do not sell a horse without properly executing an appropriate sales contract or agreement. Be extremely cautious about how you represent the animal's qualities, whether written or verbal. For example, do not state that the horse is "child safe", "fool proof' or "kid safe". Such statements can later be construed as a warranty or guarantee. SECTION XIII. LIABILITY INSURANCE INCIDENT REPORTING In event of third party injury or property damage it is important that you protect your position with your liability insurance company as follows: DO'S M - 1. NOTIFY YOUR INSURANCE COMPANY IMMEDIATELY (within 48 hours of incident)by calling your agent or designated insurance adjuster by phone. Follow up by also submitting to your company a written report. All incidents, no matter how minor, must be submitted to your insurance company because if a company can investigate the incident immediately the cost of any resulting claim is often reduced considerably. This, in turn,keeps insurance costs down and coverage available for horse operations. This is doubly important because, some states have actually mandated by law that late notification of a potential claim incident, (in one instance eight months after the incident took place), can make coverage for the resulting claim null and void. M - 2. WRITTEN REPORTS must be completed while the incident is still fresh in memory and, most effectively. while people involved are still in close proximity. This report shall include: A. A very detailed, clear and complete description of the incident; B. The names, addresses, and phone numbers of any injured parties, all involved individuals and witnesses; C. horse involved it is of utmost importnce to report d phone numbers,anndto describe the thorses n riders by breed,color, markings,sex, names, m , and name; and D. A detailed report describing why you believe the management may not have actually been at fault in the incident, if appropriate. M - 3. SUBMIT ALL DOCUMENTS to the insurer along with the written accident report as follows: A. Copies of all applicable written contracts, warnings, and release agreements: _. B. Descriptions and/or examples, or pictures of all posted warnings, applicable verbal warnings: and C. Pictures of the exact location where the incident took place. M - 4. RETAIN ORIGINALS OR COPIES of all incident or claim documentation safely on file in two separate locations for a minimum of twenty years, or until your assigned adjuster or attorney tells you it is safe to dispose of them. M - S. (THOROUGH INVESTIGATION will likely follow by the insurer's appointed adjuster, generally to begin with by phone. Those involved should be advised not to panic about the investigation, and to- understand that the insurance-company has a legal and contractual right to complete cooperation and disclosures from all insured parties.) All insured parties are legally and contractual) obligated to cooperate with, and provide complete disclosure of facts pertaining to, insurance company investigation. DON'TS All managers owners and personnel must be advised as follows: M - 1. DON'T DIVULGE INFORMATION to anyone about your insurance coverage. Your liability limits and coverage must be kept in strictest confidence. Never have a claimant or injured party directly call your insurer. It is the insured's obligation to advise the company of an incident or claim. M - 2. DON'T ADMIT RESPONSIBILITY for an accident or injury, or admit that a horse has acted badly, or caused or previously been involved in an accident. M - 1 DON'T DISCUSS AN ACCIDENT WITH ANYONE other than your insurance representative or someone your insurance company authorizes, other than your own attorney. FOR MORE INFORMATION ON CLAIMS REFER TO NAHA BROCHURE FORM 06 - "LIABILITY AND THE HORSEMAN, BEFORE YOU HAVE A CLAIM". NAHA Form 11 RISK REDUCTION PROGRAM Rev. 1/97 FOR HORSE STABLES AND FARMS, BOARDING, BREEDING, LEASING, SALES, TRAINING, AND LESSONS '1, THE UNDERSIGNED AND ALL MEMBERS OF MY STAFF, HAVE READ AND DO UNDERSTAND THE PRECEDING MANDATORY RISK REDUCTION PROGRAM AND WILL FOLLOW ALL MANDATORY STANDARDS IN THE MANAGEMENT OF MY BUSINLSS AND FURTHER AGREE THAT THIS FORM SHALL BECOME PART OF MY INSURANCE APPLICATION AND/OR POLICY." THE ABOVE STATEMENT OF AWARENESS MUST BE CAREFULLY AND COMPLETELY HAND WRITTEN ON LINES PROVIDED BELOW ALL NAMED INSUREDS AND MANAGERS MUST SIGN AND DATE BELOW -,4AME OF ORGANIZATION 1. SIGNATURE TITLE DATE 2. SIGNATURE - — TITLE DATE 3. SIGNATURE TITLE DATE 4. SIGNATURE TITLE DATE RETURN ONLY THIS PAGE TO NAHA