2016 Breeding Contract

OfficeartContract jpg
24589 210th Street, Purcell, Oklahoma 73080 • RANCH MAIN OFFICE: 405.527.5008 • RANCH FAX: 405.527.0513

2016 BREEDING CONTRACT

This contract dated ______is between ______, herein referred to as Mare Owner(s) and Xtra Quarter Horses LLC herein referred to as Breeder. Mare owner has engaged one service to the stallion SHINERS VOODOO DR Reg No. 5101811 for the mare ______#______for the 2016 breeding season, beginning February 1st and ending July 1st. The following conditions of service are mutually agreed between Mare Owner/Agent, named above and Xtra Quarter Horses LLC upon execution of this contract:

The Mare Owner/Agent agrees to a pay a breeding fee of $2500. This includes a $500 NON-REFUNDABLE booking/chute fee which is payable upon execution of this contract. The balance of the stud fee $2000 is due prior to the first semen shipment or prior to the mare departing from the farm.

Please check: □ Cooled shipped semen □ Embryo Transfer ( # of embryos______)

□ On Site WET DRY FOALOUT

(Circle one)

1. ON SITE BREEDERS

a. The mare shall be in a healthy and sound breeding condition; free from infections, contagious or transmissible diseases. A current negative Coggins Test, a photocopy of registration papers (both sides), health certificate, and any health records must accompany the mare upon arrival. The Breeder reserves the right to refuse to accept any mare which is (1) not in proper condition, or (2) which does not have all of the records, tests, and registration documents as required herein.

b. The Breeder agrees to provide suitable facilities for the care of the mare and/or foal while on site. If any extraordinary health care is required for the mare and/or foal, the Breeder shall diligently try to contact the mare owner listed by telephone provided prior to taking any required action. The inability to contact the mare owner does not supersede the breeding manager’s best interest for the welfare of the mare and/or foal.

c. The breeding staff agrees to diligently try to settle the contracted mare and shall have sole discretion of determining the best method of breeding. The Mare Owner agrees to give ample opportunity to settle the mare, through at least two (2) heat-periods. If the mare leaves Xtra Quarter Horses prior to confirmation of pregnancy the mare owner will provided the Breeder with proof of pregnancy by ultrasound prior to the 60th day of gestation to maintain the live foal guarantee. If, however, the mare does not settle, the Mare Owner/Agent will hold Xtra Quarter Horses blameless.

d. It is the goal of the Breeder to get a mare bred as soon as possible after her arrival. However, there may be times during the breeding season when there are more mares in heat with a breeding follicle than can be bred on a given day. During these times the Breeder must give priority to some mares over others taking into consideration multiple factors. The Mare Owner understands that the Breeder will do all that is feasible to minimize lost breeding cycles.

e. The mare owner(s) agrees to pay mare care, breeding fees and veterinary expenses should the Breeder deem them relevant to the Mare listed in this contract. A list of fees is available upon request.

2. COOLED TRANSPORTED SEMEN

a.  Cooled Semen Expenses: In addition to the stud fee, $300 will be charged for each shipment of semen. This covers all costs associated with the semen shipping process, including lab, handling costs and overnight ground shipping. If shipment is counter-to-counter, there will be an additional expense of $100 per shipment. If semen is shipped to Canada, mare owner will be responsible for paying additional costs, including, but not limited to: Taxes, duties, import fees and USDA charges. Semen picked up at the farm by Mare Owner or courier will be charged $75 per shipment.

b.  Orders and Cancellations: Mare Owner must confirm order of semen before 5PM CST day prior to collection. Cancellations must be made by 9AM CST the day of collection. Cancellations after this may be subject to a cancellation fee.

c.  Equitainer: The Mare Owner understands that the Equitainer is the property of the Breeder and that the Mare Owner does not obtain rights to the Equitainer by virtue of this agreement. Should the Mare Owner fail to return the Equitainer within 5 business days after receipt, $350.00 will be charged to the Mare Owner to cover the cost of the Equitainer. The cost of returning the Equitainer is the responsibility of the Mare Owner.

d.  The responsibility for conception is on the Mare Owner. Therefore, a qualified, experienced licensed veterinarian competent in the use and handling of cooled semen should perform the insemination. The Breeder may refuse to ship semen if the Breeder believes the insemination is not proper or the mare is not healthy. The Breeder reserves the right to request a negative uterine culture and a uterine biopsy performed prior to shipment of semen. The Mare Owner agrees to comply with all requirements concerning the use and handling of cooled semen. The Mare Owner agrees to perform the insemination within twenty-four (24) hours of receipt of cooled semen.

e.  Cooled Semen Disclaimer: Semen is shipped on a first call, first serve basis with on-site mares receiving first priority. Please remember that a cooled semen contract does not guarantee semen will be available. Breeder makes no representation of warranties, expressed or implied, regarding the cooled semen delivered under this agreement, including and without limitation, representations or warranties that the cooled semen will safely reach the insemination point without losing its integrity, quality or other characteristics. The Breeder also shall not be responsible for delayed, lost or mishandled deliveries. Semen will be collected on only on established breeding days and no representations or warranties are made or implied that cooled semen will be available at the time requested by the mare owner.

3. BILLING: Monthly statements shall be mailed for services herein provided and are due and payable upon receipt. Statements not paid within 30 days will be subject to a finance charge of 1.5% per month. All mare care fees, breeding fees and veterinary expenses become due and payable prior to the mare’s departure. If semen is being picked up or the mare is being hauled in the day of breeding, the remaining breeding fee and pick up or haul in fee must be paid in full prior to semen being released to a courier or the mare being inseminated.

4. MULTIPLE EMBRYOS: If an embryo transfer, from a single flush, results in multiple pregnancies, the mare owner will be required to sign an additional contract and another Stallion fee will be due prior to issuing a breeders certificate for the resulting foals.

5. BREEDERS CERTIFICATE: A “Breeders Certificate” will be issued upon notification of the birth of the foal, only after all fees are paid in full including any past due board bills or veterinary charges on any horse owned by the mare owner.

6. LIVE FOAL GUARANTEE: This contract contains a “Live Foal Guarantee”. A live foal is defined as a new born foal which stands and nurses without assistance. Should a live foal not be produced from this breeding a rebreed will be honored for the following year only (2017) with a rebreed fee of $500. Rebreed privileges shall apply only if the Breeder is notified within seven (7) days thereof, and receives a veterinarian’s statement confirming death.

7. REBREED: If the mare absorbs or aborts a pregnancy after having been checked in foal, or if the mare fails to conceive during normal breeding season, the Mare Owner is entitled to rebreed for the following season (2017) only. Xtra Quarter Horses may require the rebreeding to be performed at Xtra Quarter Horses and the Mare Owner agree to pay mare care and other normal expenses relative to the breeding.

8. If the mare dies, or is deemed unfit to breed, during the breeding season (a veterinarian report will be required as verification) a substitute mare, owned by the same owner and approved by the Stallion Owner may be bred without any additional breeding fee. Transfers of fully paid breeding contracts to a new owner will be subject to a $1000 transfer fee payable to the Stallion Owner.

9. The undersigned agrees that the breeder and its agents and employees will not be responsible for accident, injury, sickness or death to the mare or its foal; whether from fire, flood, theft, act of god, negligence by the breeder or any of its agents or employees, or for any other reason. The undersigned agrees to and shall indemnify and hold harmless the breeder and its agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind. This includes all expenses of litigation, court costs & attorney’s fees, for injury to or death of the mare or its foal arising out of or in connection with the services performed by the breeder under this contract, regardless of whether such injuries or death are caused in whole or in part out of negligence of the breeder or its agents or employees.

10. The parties further agree that should the Stallion die or become unfit for breeding purposes, this contract shall become null and void and any money paid on the stallion fee, except the NON-REFUNDABLE booking and chute fees, shall be refunded to the Mare Owner.

11. The parties acknowledge that this agreement is made and shall be considered to be entirely performed within the State of Oklahoma. Under Oklahoma law, an equine professional is not liable for an injury or death of a participant in Equine activities resulting for inherent risks of Equine activities.

A COPY OF THE REGISTRATION PAPERS MUST ACCOMPANY CONTRACT. OWNER RECORDED ON REGISTRATION CERTIFICATE WILL BE RECORDED ON THE STALLION BREEDING REPORT.

Mare Owner(s)/Agent Information: Please Print Legibly

Mare Owner’s name(s) as shown on breed registration papers______

Ranch or Business name______

Full Address______Cell: ______

______Home: ______

______Office: ______

Email:______Fax:______

This contract shall be binding upon the parties hereto upon execution hereof, and the same may not be altered or amended, except by written mutual consent of the parties hereto. I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS ENTIRE BREEDING CONTRACT AND AGREE TO ALL TERMS CITED WITHIN.

______

Authorized By Xtra Quarter Horses LLC Date Signature of Mare Owner(s)/Agent Date

CONTRACT IS NOT VALID UNTIL SIGNED BY BOTH PARTIES