- Purchase of Breeding
Stallion Owner hereby sells and Mare Owner purchases a
199_ breeding season to the following stallion:
Name:________________________ Breed:____________ Breed
Reg. No.: ____________ [hereinafter referred to as
"Stallion"], which entitles Mare Owner to breed
Mare (defined in paragraph 7) to Stallion during the
19___ Breeding Season ("Breeding Season" covers
the period of February 1 through Oct 1), subject to the
terms and conditions of this Agreement.
- Stallion Service
Purchase Price
Mare Owner agrees to pay to Stallion Owner the fee of
$_________________ in U.S. funds [plus applicable sales
tax, if any]. A booking fee of $__________ is due and
payable at the execution of this Agreement and the
balance of the stallion service fee is due and payable
also. An additional
booking fee must be paid for each re-breed conducted
after the year of initial service.
- Mare Care
Mare Owner agrees to pay for care and feeding of mare
while in Stallion Owner's custody at $_________ per day
for wet mares; $___________ per day for dry mares:
$____________ per day for pasture dry mares; and
$______________ per day for show mares. Invoices will be
sent monthly. Mare Owner has inspected Stallion Owner's
facility and is satisfied with same.
The above fees in paragraph 2 and 3 do not include
veterinary, farrier, or other services. Mare Owner agrees
to pay charges for these services as they become due and/or necessary.
Stallion Owner will submit monthly invoices to Mare Owner
for mare care, veterinarian, or farrier, and other
obligations pursuant to this Agreement, and full payment
is required within 10 (ten) days from the date of each
invoice. In the event that Mare Owner fails to make
timely payment to Stallion Owner of any invoice sent
pursuant to this Agreement, Stallion Owner reserves the
right to impose, after ten days from the date payment is
due, a late payment fee of 12 % per annum on all unpaid
sums. A business purpose for this transaction is mutually
understood. Stallion Owner will not release Mare
and/or foal until all charges have been paid to Stallion
Owner in full.
- Live Colored Foal Guarantee
If the Mare Owner's mare is barren, aborts or fails to
produce a single live colored foal that can stand up unassisted
and nurse, Stallion Owner will allow Mare Owner a return
breeding privilege of the Mare to Stallion (or a
substitute mare if acceptable to Stallion Owner) in the
next breeding season only, provided that Mare
Owner furnishes a satisfactory certificate issued by a
licensed veterinarian attesting to either occurrence
within ten (10) days of the date of the occurrence. An
additional booking fee, in the amount set forth within
paragraph 2, must be paid for each re-breed conducted
after the year of initial service.
- Extinguishment of Foal
Guarantees/Damages
The purchase price set forth in paragraph 2, above, shall
either be retained by or become immediately due and
payable to Stallion Owner as liquidated damages and the
Live Foal Guarantee above becomes null and void if Mare
Owner does any of the following:
A. Fails to pay fees due under this contract;
B. Takes Mare (defined in paragraph 7) home before
Stallion Owner has a reasonable and sufficient
opportunity to settle Mare (that is, having the Mare bred
through at least two heat periods or being certified in
foal by Stallion Owner's veterinarian); and/or
C. Breeds the Mare to another stallion in the 19__
breeding season without the written permission of the
Stallion Owner.
- Stallion Owner's
Warranties and Disclaimers
Stallion Owner makes the following warranties and
disclaimers, and Mare Owner accepts each one:A. Stallion Owner is the sole
owner of the stallion referenced in paragraph 1, above,
and has full authority and power to transfer title to a
breeding season to Mare Owner. The season granted under
this contract is free from all liens and encumbrances.
B. Stallion Owner, its
agents, employees, representatives, and/or assigns shall
not be responsible for any disease, injury, death, theft,
or accident to the Mare (and her foal, if any).
C. STALLION OWNER MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
HEALTH CONDITION AND FERTILITY OF THE STALLION AND
SPECIFICALLY DOES NOT WARRANT THE MERCHANTABILITY OR
FITNESS FOR ANY PURPOSE OF THE BREEDING SEASON PURCHASED
UNDER THIS AGREEMENT. FURTHER, STALLION OWNER MAKES NO
EXPRESS WARRANTIES OTHER THAN THOSE STATED IN PARAGRAPH
6.
- Mare Owner's Warranties
and Disclaimers
Mare Owner warrants to Stallion Owner as follows:
- Mare Owner is the
owner (or Lessee of record) of the mare named:
__________________________________________,
___________ Registration
No.:________________________ [which is currently ¨wet ¨dry ¨maiden], or a substitute thereto
pursuant to paragraph 11 of this Agreement
(collectively referred to as "Mare"),
which Mare Owner will present to for breeding to
Stallion during the 19__ breeding season under
this Agreement.
- Mare is, to Mare
Owner's knowledge, free from transmittable
illnesses or diseases, and a Health Certificate
issued by a licensed veterinarian within the past
ninety (90) days applicable to Mare is attached
to this Agreement.
- The Mare is halter
broken and reasonably safe for handling and
breeding.
- Mare Owner will
remove rear shoes from Mare or allow Stallion
Owner to do so.
- Mare Owner will
allow Stallion Owner to have its veterinarian
check Mare for normal breeding conditions and to
perform pregnancy testing or such other
veterinary services as Stallion Owner deems
necessary. Mare Owner shall pay all fees for such
veterinary services.
- Mare Owner will be
solely responsible for seeking registration of
the resulting foal in the appropriate breed
registry/registries and will pay all associated
fees or expenses.
- Mare Owner will
pay Stallion Owner's costs and expenses
(including reasonable attorney's fees) if Mare
Owner has breached any material term of this
Agreement.
- Release/Hold Harmless
Mare Owner agrees to hold harmless and release Stallion
Owner, First Best Friend Ranch dba Equine Reproductive Management Science Services, and their
respective agents, employees, representatives, assigns,
affiliated persons, and/or others acting on their behalf
from liability for ordinary negligence relating to any
and all injuries, damages, personal property damages or
losses that Mare Owner may sustain arising out of being
on the premises of First Best Friend Ranch (unless Stallion Owner or
First Best Friend Ranch caused the injury, damage, or loss intentionally
or in reckless disregard for the safety of the Mare
Owner). Mare
Owner agrees to hold harmless and release Stallion Owner,
First Best Friend Ranch dba Equine Reproductive Management Science Services, and their respective
agents, employees, representatives, assigns, affiliated
persons, and/or others acting on their behalf from
liability for ordinary negligence relating to any and all
injuries, damages, personal property damages or losses
that Mare Owner may sustain arising out of the breeding,
handling, or keeping of the Mare at First Best Friend Ranch that may
accrue from any cause whatsoever (including fire, theft,
running away, accidents, illness, injuries or death)
during the term of this Agreement and/or while the Mare
(and foal, if any) is/are in the Stallion Owner's custody
and control.
Mare Owner
agrees to hold Stallion Owner harmless if Mare does not
settle.
- WARNING OF COLORADO REVISED STATUTE 13-21-119
WARNING - UNDER COLORADO LAW, AN EQUINE PROFESSIONAL IS
NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE
INHERENT RISKS OF THE EQUINE ACTIVITIES.
- Indemnification
Mare Owner shall be solely responsible for all acts and
behavior of Mare at all times while this Agreement is in
effect. In no case shall Stallion Owner, First Best Friend Ranch dba Equine Reproductive Management Science Services, and their respective agents, employees,
representatives, assigns, affiliated persons, and/or
others acting on their behalf be liable for the acts and
behavior of Mare unless they directly caused the injury
due to gross negligence or willful and wanton misconduct
on their part in breeding, handling, and/or keeping of
the Mare. Mare Owner also hereby agrees to indemnify and
hold Stallion Owner harmless against all damages
sustained or suffered by any third person [not a party to
this Agreement, including but not limited to Mare Owner's
guests, visitors at First Best Friend Ranch, etc.] that were caused by
the acts of the Mare, or her foal.
- Substitute
Mare/Stallion Owner's Refund Policy
In the event of the death or incapacity of the Mare, Mare
Owner shall be required to breed a substitute Mare to the
Stallion, provided that the Stallion Owner has
given advance approval in writing of the proposed
substitute mare. No refunds shall be permitted. In the
event of Stallion's death or unfitness for breeding, the
breeding fee will be refunded but the booking fee will,
at all times, be retained by the Stallion Owner.
- Veterinary Treatment
Mare Owner will allow a veterinarian selected by Stallion
Owner, or Stallion Owner's Stallion Manager, to check the
Mare for normal breeding conditions and to perform
reasonable services Stallion Manager deems necessary
(such as pregnancy testing, palpation, suturing, etc.).
Mare Owner agrees to pay all fees for such services.
- Stallion Service
Certificate
Stallion Owner reserves the right to withhold issuance of
a Stallion Service or Breeder's Certificate applicable to
the breeding hereunder until Mare Owner is current on all
payment obligations to Stallion Owner.
- Entire Agreement
This Agreement contains the entire agreement between
the parties with respect to its subject matter. All prior
promises or understandings (either oral or written)
between Mare Owner and Stallion Owner shall be void
unless contained in this Agreement. Modifications to this
Agreement will only be valid if in writing and signed by both
Mare Owner and Stallion Owner.
- Assignment
This Agreement is not assignable by Mare Owner without
the written permission of Stallion Owner.
- Additional Terms and Conditions
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
MARE OWNER:
By:____________________________
Print
Name:_____________________
Date of
Signature:________________
NOTE: If
Mare Owner is a partnership or business entity, Mare
Owner must present sufficient proof to Stallion Owner
that the signing party has authority by the entity to
execute this Agreement.
STALLION OWNER:
FIRST BEST FRIEND RANCH,
d/b/a
EQUINE REPRODUCTIVE MANAGEMENT SCIENCE SERVICES
By:____________________________________
Print
Name:____________________________
Date of Signature:
_______________________
Important:
MARE OWNER MUST PRODUCE
TO STALLION OWNER:
¨ Copy of Negative Coggin's Test
taken of Mare by a licensed veterinarian within one (1)
year of the date Mare enters the premises of First Best Friend Ranch.
¨ Copy of Mare's current breed
registration papers.
¨ Health Certificate issued by
licensed veterinarian within ninety (90) days.
¨ If requested by Stallion Owner,
proof of Mare's inoculations (including but not limited
to strangles, rhino, flu, Potomac Horse Fever, etc.)
¨ Mare's Mortality Insurer &
Policy #:_______________________
Mortality Insurer Emergency Phone
No.:____________________