Windline Farm
1000 Laramee Rd., Box 559
Brackendale, BC V0N 1H0
Stallion Contract
This contract, dated this ______day of ______, 2014, by and between Windline Farm (hereinafter “Windline”) the stallion owner and the mare owner.
Name: ______(hereinafter “Mare Owner”)
Address: ______Phone: ______
EMAIL: ______
Credit Card Type: ______Credit Card #: ______
By their signature to this contract, the mare owner confirms a reservation to breed the mare:
Name:______Registration #: ______
Sire: ______Dam: ______
to the stallion Lokomotion (the “Stallion”), if the Stallion is alive and fit to breed under the following terms and conditions.
Terms and Conditions
1. The full stud fee of $______(includes the $300 non-refundable booking fee and 1st collection) plus applicable taxes must be received before any semen will be shipped. Please make payments via credit card, email transfer, cashier’s or certified cheque.
2. The collection/lab fee for the first dose is included in the stud fee. The Mare Owner shall pay a non refundable collection/lab fee of $275.00 per dose for each subsequent dose (see live foal guarantee as set out in s. 4 below). All other shipping costs including any customs charges will be billed by Windline to the Mare Owner. The semen will be shipped in a high quality disposable container. The cost for the disposable container is $40.00 per collection and must be paid for with all shipments and does not need to be returned. *Please note that the $40 is additional for the first collection as well.
3. The Mare Owner shall return a copy of the mare’s papers, a picture of the mare and the Breeder Profile with the completed contract along with a current (not more than 90 days old) veterinary certificate from a licensed veterinarian acceptable to Windline indicating the mare to be in good physical and sound breeding condition.
4. For this breeding season and two additional breeding seasons (2015 & 2016) the Mare Owner shall be entitled to re-breed the mare until the mare conceives a foal. This guarantee (the “live foal guarantee”) shall apply if the Breeding Reports - breeding soundness, insemination and pregnancy, or loss of pregnancy report (if applicable) including the uterine culture, cytology and biopsy of the mare certified by a licensed veterinarian acceptable to Windline are returned. If these reports are not received by Windline, all guarantees, refunds, breedings or registration possibilities are null and void. Embryo transplants are expressly outside the scope of this agreement and the live foal guarantee will not apply in the case of an embryo transfer. The Mare Owner is required to advise Windline Farm by October 15, 2014 as to whether or not your mare is in foal. If the mare after being checked in foal aborts or does not produce a live foal that can stand and nurse on its own and survive 10 days after birth the live foal guarantee will apply on the same terms and conditions as above. A veterinary certificate is required within five (5) days of death and/or exam. It will be the Purchaser’s responsibility to pay the $300 booking fee, new season’s collection fee and all shipping and container fees in the case of all return breedings.
5. If a licensed veterinarian determines that the mare is unsuitable for breeding, the mare owner may substitute a new mare subject to acceptance of a new breeding mare by Windline. This substitute mare shall be bred under the same terms and conditions as the original mare.
6. Semen is collected Monday – Friday as possible from March 1 – August 31, 2014. Weekend or holiday collections may be possible but at an added cost to the Mare Owner and depending on courier availability. In the event of breeding by transported semen the mare owner shall give Windline advance notice of request for shipment by email no later than 1:00 PM Pacific Time the day before shipment. The Mare Owner shall pay, in addition to the booking and stud fees, all reasonable and actual costs of transporting the semen from Windline or the collection station to the Mare Owner as well as the costs of insemination of the mare by the Mare Owner’s veterinarian.
7. The Mare Owner acknowledges that the Stallion may be competing away and may be otherwise unavailable to fill the Purchaser’s request on any given day during the term of the contract. It is the Mare Owners responsibility to contact Windline in advance regarding the Stallion’s availability and Windline bears no responsibility for failure to timely fill requests due to the Stallion’s unavailability. If Windline is unable to fulfil a request for collection on the requested date due to the Stallion’s unavailability, Windline will notify the Mare Owner and will fill the request on the next earliest date it determines is reasonably practicable in its sole discretion or on such other date as the Mare Owner requests, subject to the Stallion’s availability as described in this section.
8. If the Stallion should die, be sold by Windline or otherwise become unfit for service before Windline makes any shipment of semen then this agreement shall automatically terminate and Windline shall refund to the Mare Owner all fees paid hereunder, including the initial deposit, within 45 days. If the Mare Owner is entitled to a rebreeding under the provisions of the live foal guarantee then Windline will have the option to provide frozen semen to fulfill the conditions of the live foal guarantee.
9. Windline assumes responsibility only to deliver live semen in viable condition at the time of delivery to the Mare Owner. The Mare Owner shall assume all responsibility for the condition of the mare and shall bear all risk of loss or damage to the mare whatsoever by death, injury, infection or otherwise, and by any cause whatsoever including inappropriate, untimely, or negligent insemination or failure of insemination and therefore releases, discharges, indemnifies and holds harmless Windline, its employees and agents from any liability for any and all damages associated therewith. The Mare Owner agrees to pay all expenses and legal fees incurred by Windline in defending any claims for which the Mare Owner has agreed to release, discharge, indemnify and hold harmless Windline, its employees or agents.
10. The Mare Owner agrees to use the shipped semen only on the mare named above in this contract or a substituted mare as agreed in accordance with section 5 above. The Mare Owner shall have a licensed veterinarian verify in writing that the shipped semen as been used only to inseminate the mare as provided in this contract. The Mare Owner agrees to deliver such certification to Windline within 15 days of insemination of the Mare. The Mare Owner may not assign or transfer this Agreement in whole or in part and any attempt to transfer this Agreement shall be null and void.
11. The live foal guaranteed as set out in section 4 above is expressly contingent upon the Mare Owner properly caring for the pregnant mare. Proper care shall include, but shall not necessarily be limited to, proper feeding and nutrition, regular deworming with products approved for pregnant mares, vaccinations that are customary in the Mare Owner’s geographical area and including vaccinations for Rhinopeumonitis (Equine Herpes Type 1) at 5,7 and 9 months of pregnancy and proper intervention during foaling if necessary.
12. The contract’s timetable goes into effect during the current breeding season’s calendar year. If the mare is not bred or does not delivers a live foal within one breeding seasons, (starting from February 1 and ending August 31 of the first breeding season) following the year the contract was signed (breeding seasons are March 1 – Aug 31) this contract will be null and void and no refunds, re-breedings or fees will be returned to the Mare Owner.
13. All billing statements shall be paid to Windline within 10 days of the billing date. Interest at the rate of 1% per month shall be charged on all balances unpaid or overdue for 30 days, and the Mare Owner hereby agrees to pay such interest and concurs that such interest is a reasonable charge on overdue accounts. If the customer fails to pay any amount hereunder for more than 30 days after the billing date Windline may immediately accelerate all other amounts due and payable. Windline will be entitled to draw on the credit card for payment of such amounts owing. In addition if the Mare Owner fails to pay any amount due hereunder for more than 30 days after billing Windline is not obliged to perform further under this contract until all past due amounts have been paid current.
14. The Mare Owner may not assign any rights or delegate any duties under this contract without the prior written consent of Windline.
15. No delay or failure by Windline to exercise its rights under this contract shall be deemed a waiver of any right or remedy available to Windline.
16. This contract contains the entire understanding between the parties and may be modified only in writing and signed by all parties. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of any remaining provisions hereunder. This contract shall be construed and governed by the laws of the Province of British Columbia and the parties expressly agree that the jurisdiction and venue for any and all disputes arising under this contract or otherwise shall be proper only in British Columbia. In the event that Windline incurs any costs or legal fees in securing or protecting its rights under this contract or under the laws of the Province of British Columbia, the Mare Owner agrees to pay said costs and legal fees.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be signed as of the date first above written.
______
Mare Owner
Per: ______
Windline Farm
Breeder Profile
Mare Information:
Registered Name: ______Nickname: ______
Breed: ______Registration #: ______
Year Foaled: ______Height: ______Colour: ______
Markings: ______
Sire: ______Dam: ______Dam Sire: ______
Sport and Offspring Highlights: ______
______
Owner Information:
Name: ______Farm Name: ______
Address: ______
City: ______Prov: ______Postal: ______
Phone No: Home ______Cell ______Work: ______
Email: ______
Shipping Information:
Check here if same as Owner’s address: _____
Shipping Address: ______
City: ______Prov: ______Postal: ______
Breeding History:
Number of Pregnancies: ______Live Births: ______Early foal loss(es): ______
Have you ever bred with shipped semen before? Yes _____ No ______
Average number of inseminations to conceive: Fresh semen: _____ Frozen semen: _____
Date of last uterine culture and cytology: ______Results ______(please attach)
Date of last uterine biopsy: ______Results: ______(please attach)
Mare’s current reproductive status: ______
(Maiden, Foaling this season, Barren, Not bred)
Veterinarian: ______Phone: ______email: ______
Address: ______
City: ______Prov: ______Postal: ______
Is there anything else you would like us to be aware of with respect to your mare and/or your breeding goals? ______
This form and the information provided herein will become part of your agreement. Please review carefully for accuracy and completeness.
______
Signature Date