THIS AGREEMENT, made and entered into this _____________day of ____________, 20____ by and between PATRICIA ARNETT, hereinafter referred to as "Breeder" and ________________________, hereinafter referred to as "Mare Owner":
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, and good and valuable other consideration, IT IS HEREBY AGREED AS FOLLOWS:
(1) Stallion Services: The Breeder agrees to provide and the Mare Owner agrees to purchase the breeding services specified in the Agreement subject to the terms and conditions set forth below, and to pay the specified fees therefore. The breeding services are to be provided during the breeding season of ____________ and concerns the stallion ARTHOS. The mare is _______________________, Registration No. ________________________ by ____________________, out of ________________________. The mare is ____________ years old and is ________________________ in color.
(2) Payment of Board: The Breeder shall provide normal and customary care and feeding of the mare for which the Mare Owner shall pay a daily fee of $____________ for board. This amount shall be increased to $___________ per day for a mare with a foal.
(3) Obligations of the Mare owner: The mare owner agrees as follows:
(a) the arrival of the mare will be coordinated with the Breeder so as to provide the mare arrives approximately one week prior to going into heat;
(b) upon arrival, the Mare Owner will have hind shoes removed, will have a certificate indicating a current Coggins test and negative uterine culture and will be accompanied by past health records;
(c) to pay all reasonable customary veterinary expenses incurred by the Breeder in checking the mare's breeding condition or in treating the mare for injury or disease.
(4) Required Testing: In the event the mare should be boarded with the Breeder for a period of less than 45 days, the Mare Owner agrees to provide the Breeder with evidence of:
(a) a pregnancy test performed by a licensed veterinarian between the 14th and 20th day following the mare's last day of contact with the stallion; and,
(b) a pregnancy test performed by a licensed veterinarian between the 40th and 45th day following the mare's last day of contact with the stallion.
Certified results of said tests are to be delivered to the Breeder within 48 hours of each said tests. The Mare Owner agrees to be responsible for the paymenht of all expenses and fees associated with such testing and to hold the Breeder, its officers, agents and employees harmless therefrom.
(5) Live Foal: While the Breeder does not guarantee the mare shall get a live foal; the Breeder does agree that should said mare proven barren or the foal die at birth, the Mare Owner will send notice signed by a veterinarian within one week of such determination or death, and said Mare Owner shall be furnished breeding services the following season at no additional charge. The Mare Owner may rebreed the same mare or may breed another mare. In the event the Mare Owner elects to exercise this rebreeding privilege, the Mare Owner agrees to pay normal and customary board fees in effect in the following season. It is expressly understood and agreed that beyond the rebreeding privilege set forth in this paragraph, there is no warranty, either express or implied, concerning the delivery of a live foal. If the mare has been with the stallion less than 45 days and if, after testing, it is established the foal is not get of this stallion, then in that event, the Mare Owner shall not be entitled to a refund of breeding fees paid or to the rebreeding privilege set forth in this paragraph.
(6) Fees: For the breeding services specified in this Agreement, the Mare Owner agrees to pay the Breeder a fee of $____________, of which $____________ shall be considered a non-refundable booking fee, the receipt of which is hereby acknowledged. The remainder of the service fee, together with any additional board or other fees shall be paid when the mare leaves the Farm. The Breeder shall provide the Mare owner with a Stallion Certificate only when all fees have been paid in full.
(7) Liability For Injury, Death or Disease: The Mare Owner shall not be responsible for the injury death or illness of the stallion or of any of the Breeder's other horses when the mare is on the Farm. In recognition of the risks inherent in breeding operations, the Breeder agrees to perform his services in the usual and customary fashion, but shall not be responsible for the injury, death or illness of the mare or her foal. The Mare Owner is urged to obtain appropriate insurance. The failure of the Mare Owner to obtain appropriate insurance shall not, in any fashion, act to transfer the liability for the injury, death or illness of the mare or her foal to the Breeder. The Mare Owner does, therefore, agree to hold the Breeder, its officers, agents and employees, harmless from any and all liability for the death, injury or illness of the mare or her foal.
(8) Inability of the Stallion to Perform: In the event it should be established by competent authority the stallion is unfit or unable to perform in the prescribed fashion, this agreement shall be deemed to be affirmatively terminated and all breeding fees, less the non-refundable booking fee, shall be refunded to the Mare Owner. There shall be no refund of board fees.
(9) Enforcement: Each and every term and condition of this agreement shall be deemed to be material. Time is of the essence. Should it be necessary for one party to seek to enforce the terms and conditions of the agreement in a Court of Law, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs.
(10) Other Conditions: ________________________________________________________________________________________________________________________________________________________________________________________________________________________
Mare
Owner's Signature: _________________________________________________
Date: ____/______/_______
Stallion
Owner's Signature: ________________________________________________
Date: ____/______/_______
ARTHOS' BREEDING CONTRACT ADDENDUM A:
FOR TRANSPORTED SEMEN
1. $250.00 deposit required on equitainer, due prior to shipping semen. Semen will not be shipped until deposit is received. Transportation charges will be deducted from the deposit. Any credit balance will be refunded within 90 days of receipt of final breeding payment. Deposit must be renewed upon reaching a $50.00 balance.
2. $25.00 per day will be deducted from the deposit if the equitainer and its contents are not returned with 5 days of the date of semen shipment. It is the mare owner's responsibility to make sure this deadline is met. Equitainer must be returned in good condition or full deposit will be withheld.
3. $250.00 successive cycle fee will be charged for every cycle after the second cycle that the mare requires insemination. Third cycle and subsequent cycle shipments will not be made until the fee is received.
4. 50% of the breeding fee, $____________, is due and payable prior to the initial request for semen to be shipped. Semen will not be shipped until the breeding fee is received.
5. The mare owner must contact the stallion owner to schedule the mare's breeding cycle with the stallion's availability. The mare owner must notify the stallion owner of the mare's first day of heat and 24 hours prior to the time that semen must be shipped. Semen will not be shipped if all of these contacts are not made as indicated.
6. The remaining balance due of the breeding fee, $____________, is due and payable within one week after the mare is pronounced 45 days pregnant.
7. The mare owner must return a completed NA/WPN TRANSPORTED SEMEN VERIFICATION CERTIFICATE within one week after the 50-70 day pregnancy test or September 25th of the breeding year, whichever comes first. Breeding registration will not be processed if all fees and paperwork are not received by the deadlines. In the event that late registration results from the mare owner's non-compliance, the mare owner will be responsible for all late filing registration charges.
8. NA/WPN SERVICE CERTIFICATES will be forwarded after all payments and paperwork have been filed. The NA/WPN will forward the FOAL REGISTRATION KIT. All Live Foal Guarantees will be null and void if the terms of this addendum and the breeding contract are not fully executed. A copy of this addendum will be returned to the mare owner.
Mare's
Name: __________________________________________________________
Registration No: ________________________
Mare
Owner's Signature: _________________________________________________
Date: ____/______/_______
Stallion
Owner's Signature: ________________________________________________
Date: ____/______/_______
ARTHOS' BREEDING CONTRACT ADDENDUM B:
FOR FROZEN SEMEN
1. $250.00 deposit required on equitainer, due prior to shipping semen. Semen will not be shipped until deposit is received. Transportation charges will be deducted from the deposit. Any credit balance will be refunded within 90 days of receipt of final breeding payment. Deposit must be renewed upon reaching a $50.00 balance.
2. $25.00 per day will be deducted from the deposit if the equitainer and its contents are not returned with 5 days of the date of semen shipment. It is the mare owner's responsibility to make sure this deadline is met. Equitainer must be returned in good condition or full deposit will be withheld.
3. The Frozen Semen Breeding Fee, $1,500, is due and payable prior to the initial request for frozen semdn to be shipped. Semen will not be shipped until the breeding fee is received.
4. $250.00 additional Frozen Semen Straw Fee will be charged for every request after the initial shipment. Shipments will not be made until the fee is received and veterinary certification that the mare is open is received.
5. The mare owner must notify the stallion owner of the mare's first day of heat and 24 hours prior to the time that semen must be shipped. Semen will not be shipped if all of these contacts are not made as indicated. Dry shippers are not always readily available so the more timely the notice the better chance of timely shipping.
6. The mare owner must return a completed NA/WPN FROZEN SEMEN VERIFICATION CERTIFICATE within one week after the 50-70 day pregnancy test or September 25th of the breeding year, whichever comes first. Breeding registration will not be processed if all fees and paperwork are not received by the deadlines. In the event that late registration results from the mare owner's non-compliance, the mare owner will be responsible for all late filing registration charges.
7. NA/WPN SERVICE CERTIFICATES will be forwarded after all payments and paperwork have been filed. The NA/WPN will forward the FOAL REGISTRATION KIT. All Live Foal Guarantees will be null and void if the terms of this addendum and the breeding contract are not fully executed. A copy of this addendum will be returned to the mare owner.
Mare's
Name: __________________________________________________________
Registration No: ________________________
Mare
Owner's Signature: _________________________________________________
Date: ____/______/_______
Stallion
Owner's Signature: ________________________________________________
Date: ____/______/_______
