Breeding Contract 2012 Season
Goodwin Stables
14567 Goodwin Avenue
Hastings, MN. 55033
651-283-0440
This contract is made and entered into this ______day of ______, 20__, by and between Nancy Klaus, hereinafter referred to as “Stallion Owner”, and ______, hereinafter referred to as “Mare Owner”. This contract will set forth in its entirety the rights, responsibilities and requisite information necessary for its proper performance pursuant to applicable laws of the State of Minnesota for the 2011 Breeding Season.
1.Breeding Season Defined: The 2012 Breeding Season shall commence on February 1, 2012 and shall cease June 30, 2012
2.Service Privilege: Mare Owner hereby contracts and consents to breed the following mare to ______, hereinafter referred to as “The Stallion”:
Mare’s registered name: ______
Mare’s registration number: ______
Mare’s breed registry: ______
Mare’s foaling year: ______
Mare’s color and markings: ______
Mare’s sire and dam: ______
A copy of Mare’s registration papers showing current ownership must be supplied and will become a part of this contract. By signing below, Mare owner warrants that he or she is the appropriate lessee or owner of record with the breed organization listed above.
3.Breeding/Service and Booking Fees: Mare Owner agrees to pay a nonrefundable, except as noted in section 6(d), Booking Fee of $300.00 in U.S. funds. Booking Fee shall be incorporated into the Breeding/Service Fee of $950.00which includes one shipment of semen containing two doses. Further, Mare Owner consents to pay the entire Breeding/Service Fee, as well as the Booking Fee, prior to requesting a shipment of semen from Stallion Owner. If mare does not conceive off of first shipment, mare owner agrees to pay the $300 collection fee and all shipping costs for all future collections.
4.Reproductive Condition of Mare: Mare Owner warrants and covenants that said mare has been properly examined, treated, vaccinated and prepared to be bred to ______. If the mare is barren or maiden, Stallion Owner shall have the right to request the following tests, which include but are not limited to, a) Negative Uterine Culture, or b) Equine Cytology with Sensitivity prior to shipment of semen. Additionally, Mare Owner warrants by signature of this contract that prior reproductive difficulties with regard to above mare have been disclosed in writing to Stallion Owner.
5.Liability Waiver: Mare Owner hereby agrees to diligently settle the mare utilizing standard reproductive practices common in the industry. If, however, the mare fails to become pregnant after two semen shipments, Stallion Owner shall have the right to request communication with Mare Owner’s attending veterinarian in addition to testing results of a biopsy. Neither party shall be liable to the other for any loss, damage, sickness, injury, death or disease to the stallion, the mare or resulting offspring which may occur as a result of the privileges granted herein.
6.Live Foal Guarantee (“LFG”): The following guarantee is conditioned upon compliance by Mare Owner of all conditions set forth in this Contract and established industry standards with regard to equine breeding:
a.Stallion Owner hereby guarantees to Mare Owner that a single, live foal will result from the privileges granted herein.
b.“Live Foal” means that the foal shall stand and nurse.
c.Provided that Mare Owner has remained in compliance with the terms and conditions set forth herein, should the mare die, prove barren, abort the foal, or if the foal is stillborn, Mare Owner is entitled to a return service for the subsequent breeding season only.
d.If Stallion dies, sells or becomes unfit to breed before mare is bred, Stallion Owner shall have no liability to Mare Owner except notification of its occurrence along with a complete refund of Breeding/Service Fee and Booking Fee.
e.If The Mare dies during breeding season, Mare Owner may substitute another mare upon written approval of alternate mare by both parties to this Contract.
f.Stallion Owner shall be released from the LFG and the LFG shall be void if:
1.Mare Owner fails to notify Nancy Klaus within forty-eight (48) hours after the time of foaling that a live foal was not produced; and
2.Within fourteen (14) days after such event, Mare Owner has not provided certification that foaling was properly attended and produce a veterinarian’s statement substantiating the failure of the mare to produce a live foal; or
3.The Mare is sold without notice to Stallion Owner; or
4.The Mare is returned to training after being checked in foal.
7.Certification: Stallion Owner shall issue a properly prepared Breeder’s Certificate to Mare Owner at anytime after the Mare is checked safe in foal and all relative expenses have been satisfied in full. Mare Owner shall not have the authority to sell, assign or substitute the rights and privileges assigned herein without the written consent of Stallion Owner. Any attempt at doing so shall entitle Stallion Owner to terminate this Contract and release it from obligations created herein.
8.Embryo Transfer Mares Only: If Mare Owner intends to employ embryo transfer procedures, Stallion Owner shall be entitled to additional breeding fees should more than one viable embryo result.
9.No Warranties: No warranties, unless expressly stated herein, either express or implied, shall be granted with this Contract.
10.Entire Agreement: This Contract represents the entire agreement between Mare Owner and Stallion Owner. No amendments may be made unless in writing and attached hereto.
11.Choice of Law and Disputes: This Contract shall be construed in accordance with the laws of the State of Minnesota and will inure to the benefit of the heirs, personal representatives, successors and permitted assigns of the parties hereto. Mare Owner hereby irrevocably and unconditionally submits to the jurisdiction (both subject matter and personal) of Minnesota’s judicial system, waives any objection of venue and waives any claim that such actions were brought in an inconvenient forum.
12.Proper Parties: The persons signing this Contract certify that they are the proper parties authorized and entitled to bind and execute this Contract.
APPROVED THIS ______DAY OF ______, 20___.
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Stallion Owner or authorized agent date
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Mare Owner or authorized agent/lesseedate
Mare Owner/Lessee/Agent Information (circle one)
Name: ______
Address: ______
City, State, Zip: ______
Daytime Phone: ______
Evening Phone: ______
Cell Phone: ______
Fax or email: ______
Form of payment-check #______
Credit card-VS-AE-MC#______exp.date______[ 2.9% Convenience charge added]
Card Holder ______
signature______
- If mare is leased, a copy of the lease agreement must be provided to Stallion Owner with properly signed Contract. However, the lease agreement does not become part of this Contract. Stallion Owner specifically denies any contractual liability to original mare owner.
- A copy of mare’s registration papers from the respective breed registry(ies) will be attached and become part of this Contract.
- All stallion service auction purchases are required to pay the $300.00 booking fee to stallion owner but the bidding and final donation amount of said auction is to be paid to the sponsoring organization per their specified requirements. After initial semen collection is shipped, any additional collections are $300 and shipping is the responsibility of the purchaser.
TRANSPORTED COOLED SEMEN
ADDENDUM TO BREEDING CONTRACT
The execution of this Addendum is made in conjunction for the 2012 Breeding Season for ______, and The Mare, ______, recognized as ______registered with ______breed registry(ies). Mare Owner hereby confirms reservation via transported cooled semen as evidenced by signatures on Breeding/Service Contract and the Addendum.
1.The Stallion Service Fee, Booking Fee, container deposit and shipping fees must be paid in full prior to shipment of semen.
2.Payments must be made in U.S. funds utilizing cash, cashier’s check, certified checks, or major credit card only.
3.Mare Owner agrees to pay the following charges associated with the transportation of cooled semen:
a.A paid deposit of $200.00 for use of the Equitainer. As stated above, this must be paid in full prior to shipment. The Equitainer must be returned via overnight delivery to Nancy Klaus at Goodwin Stables within forty-eight (48) hours of its receipt at Mare Owner’s expense. If it is not returned within five (5) working days from farm shipment, Mare Owner will be assessed a $25 per day late fee. Mare Owner may provide his/her own Equitainer clearly marked with address provided it is in good condition.
b.For each shipment of cooled semen, charges will include a $ 300.00 handling fee in addition to standard overnight shipping cost via FedEx. If same day delivery is required, Mare Owner agrees to pay additional costs for such service (counter-to-counter shipments). There is a $50.00 fee for semen picked up on farm.
4.Procedure for reservation of shipped semen:
a.Semen will be collected and shipped on breeding days only. Breeding days will be on Monday, Wednesday and Friday.
b.All semen orders must be received by 7:00 p.m. CST the night prior to shipment. Requests will be filled in the order in which they are received. Preference will be given to mares receiving a first shipment over mares receiving second or third shipments. Mare Owner recognizes that orders received past 7:00 p.m. may not be sent counter-to-counter due to airline schedules. Any cancellations after 12:00 p.m. (noon) of the day of request, may incur shipping charges if processing is complete.
c.Mare Owner shall notify Stallion Owner when the mare first shows signs of heat for the purpose of scheduling.
d.Semen may only be used on the mare designated in this Contract and Addendum.
5.Mare Owner agrees to use the utmost diligence along with contemporary industry practices in the breeding and insemination of The Mare. Stallion Owner reserves the right to refuse semen shipments to Mare Owner after two shipments.
6.Mare Owner agrees to have The Mare examined by an early ultrasound scan fourteen (14) days after the last day of insemination and promptly notify Stallion Owner of pregnancy status. It is necessary for LFG that The Mare be pregnancy checked again at forty (40) to forty-five (45) days by manual palpation by a vet.
7.Stallion Owner shall ship semen that has been analyzed and tested to be free from infectious diseases. Motility, collection, packaging procedures and sperm count meet and/or exceed acceptable industry standards. Additionally, The Stallion has been DNA typed and recorded with the American Quarter Horse Association.
8.If the Mare fails to conceive within one breeding season after two (2) semen shipments, Stallion Owner reserves the right to charge an additional $150.00 handling fee the following season. Stallion Owner may also pursue its rights stated in paragraph 4 of the Breeding Contract, without limitation.
9.Mare Owner agrees to comply with all breed association requirements with regard to the use of transported cooled semen. Appropriate documentation required by the various associations shall be dealt with accordingly and timely. DNA and parentage verification for the resulting foal shall be at Mare Owner’s expense.
10.Mare Owner’s signature represents a complete and full understanding of its terms and conditions. This Addendum shall become incorporated to the Breeding Contract as a binding, legal instrument to be construed in accordance with the laws of the State of Minnesota. It shall be binding upon the parties’ heirs, assigns and successors in interest. The Addendum and the Breeding Contract shall constitute the entire agreement between the parties listed below. No other agreements, whether verbal or implied, shall be included. This contract may not be transferred or assigned.
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Signature of Stallion Ownerdate
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Signature of Mare Ownerdate
Credit card VS-AE-MC#______exp. date______[2.9% Convenience Charge added]
Address of Record for Transported Cooled Semen:
______
Name of Recipient
______
Street AddressCityState Zip Code
______
Phone (day)Phone (cell)FAX
Closest Airport to Mare Owner: ______