TZIGANE *Pb*
c/o Kim Hunter
116 Pecan Acres Circle
Argyle, TX 76226
214-766-5568
e-mail:
TZIGANE SPECIAL FROZEN SEMEN AGREEMENT, for use only for the ATA 2013 Stallion Service Auction, the winning bid payable to the ATA.
The mare owner, whose signature appears below, hereby agrees to breed the mare described below:
Mare's name______,
Breed______Year of Birth______,
Sire______,
Dam______,
Dam's sire______,
Registration Number______,
Color and Markings______,
To the Stallion Tzigane *Pb* - ATA Registration Number OSB-A-S359,
In the 2013 or later season, subject to the following
TERMS AND CONDITIONS
1. The service fee for this breeding shall be determined by means of the ATA SSA Auction and will be paid directly to the American Trakehner Association. No frozen semen will be shipped until ATA notifies Stallion Owner of full payment received.
2. The mare owner warrants that the mare is in sound breeding condition.
3. Stallion owner, employees, and agents make no warranty of production of a live foal, only that the supplied frozen semen is viable, defined as having at least 30% progressive motility at the time of proper thawing. No other guarantee, implied or expressed is made. 100% of EU breeders’ mares conceived with this frozen semen.
4. Registration (including all fees and paperwork associated with registration) of the foal resulting from the breeding of the mare and stallion designated in this contract is the sole responsibility of the mare owner. Stallion Owner will provide the required breeding certificates to the ATA when notified that mare has conceived and all fees due for shipment paid.
5. Stallion Owner agrees to authorize shipment of sufficient semen for a maximum of three inseminations (total) of frozen semen. All costs of shipment, including use of container, handling, shipment to and from mareowner, and any other fees required are sole responsibility of the mareowner.
6. Should the mare die or become unfit to be bred before she is serviced, then this contract shall become void and without effect and any and all frozen semen shipped to mareowner returned unless separate agreement is made and signed by both parties.
7. This contract shall not be assigned nor transferred without the written consent of Stallion Owner.
8. This agreement is executed in duplicate and constitutes the entire agreement between both parties involved and may not be modified except in writing signed by both parties hereto. When Stallion Owner signs and returns one copy of this contract to the mare owner, it will then be binding on both parties, subject to the terms and conditions in this contract.
9. All written notices required by this agreement shall be by First Class Mail to Stallion Owner at the address above or the mare owner at the address provided below, whichever applies.
10. This contract shall be governed by, interpreted by, and enforced under the laws of the State of Texas. The prevailing party shall be entitled to reasonable attorney's fees and costs of discovery.
11. The mare owner agrees to return the semen-shipping container, at mare owner's expense, in good working order within five (5) days of receiving the container.
12. This breeding contract is for one pregnancy and delivery of one or two foals from one mare by in utero conception.
14. Stallion Owner assumes responsibility only to authorize delivery of frozen semen from Tzigane *Pb* in viable condition, as evidenced by progressive motility of at least 30% of the spermatozoa at the time of thawing. Mareowner explicitly hereby agrees not to resell or give away any portion of frozen semen nor to use it on any mare other than the one listed in this agreement.
15. The mare owner agrees that a licensed veterinarian shall inseminate the mare with the semen.
16. The mare owner agrees to assume all responsibility for the condition of the mare and shall bear all risk of loss or damage to the mare whether by death, disease, injury, infection, or otherwise, and by any cause whatsoever, and further agrees to hold Stallion Owner and agents harmless for any and all damages resulting therefrom.
OWNER OF MARE
Print name______
Signed______
Date______email:______
Address______
______
Phone Numbers
Daytime______
Evening______
Cellphone______
By______
Kim Hunter (Stallion Owner)
(Please sign and return onecopy of Contract to Stallion Owner. A signed copyw/b returned to you.)