TRANSPORTED SEMEN CONTRACT #

All contracts will be assigned a number as contract is returned

THIS AGREEMENT, made and entered into this ______day of ______, 20___, by and between______(Mare owner) and Rodan Ltd Partnership. Becker Stables is standing the Arabian stallion, RODAN LTD(616530) (the stallion) at its facility. Rodan Ltd and Becker Stables are legally entitled to enter into this Agreement to sell one breeding of the Stallion to the Mare owner for the breeding of the Mare named ______Registration number______foaled on______by sire______out of dam______hereinafter referred to as “the Mare”.

All conditions of this Agreement apply to the breeding by transported semen and/or artificial insemination.

FEES:

  1. The breeding fee for the stallion to breed the above named Mare for one season is $1,500.00, payable as follows: (all highlighted areas must be paid prior to the shipment of semen):
  2. A booking fee of $250.00shall be payable upon the execution of this Agreement by the mare owner. This booking fee is non refundable. A copy of the mare’s registration papers must be submitted at the time this Agreement is submitted.
  3. The balance of the breeding fee, $1,250.00 shall be due and payable prior to breeding said mare. .
  4. There is an Equitainer deposit of $250.00. This deposit can be made with a credit card, cash or check. The deposit will be refunded when the mare is checked in foal and the Equitainer is returned pursuant to paragraph 4 below. You must furnish credit card number, expiration date and card holder name and billing address in the space provided at the end of this Agreement.
  5. If the Equitainer is not returned, at the Mare owner’s expense to Rodan Ltd. Partnership within 3 working days from the Mare owner’s receipt of said Equitainer, the Mare owner’s credit card will be charged $10.00 per day late fee. If the Equitainer is not returned to Rodan Ltd. Partnership within a three (3) week period, or returned damaged, the Mare owner’s credit card will be charged $250.00.
  1. A lab fee of $250 per shipment. There is a chance that an Equitainer shipment will contain only one dose. This is based on availability at the time the client places the order for semen. The decision on the number of doses sent will be made by Rodan Ltd Partnership. All reasonable efforts to ship two doses will be made. Collection days are Monday, Wednesday and Friday unless otherwise specified.
  2. A Credit card must be on file to pay for shipping charges.

PROCEDURES AND CONDITIONS:

  1. Rodan Ltd. Partnership requires no less than 24 hours notice prior to shipment of semen. Semen requests are taken on a first come, first serve basis. The Mare owner is encouraged to call when the Mare comes in to heat. All counter to counter shipments will require the use of a courier service to take the shipment to an airport. This requires significant additional expense that will be charged by the courier service to the Mare owner’s credit card on file. Failure to provide adequate notice may result in the lack of ability to provide semen.
  2. All semen transported to the Mare owner shall be used to breed only the Mare listed and cannot be resold or transferred to any other person or company withoutexpress written consent of Rodan Ltd. Partnership.
  3. This breeding must be used in the breeding season specified in this agreement or used in another breeding season with express written consent of Rodan Ltd. Partnership.
  4. Mare owner should have a veterinarian experienced in the use of transported semen (if used) in the field of equine reproduction. It is the responsibility of the Mare owner or Mare owner’s veterinarian to have proper knowledge of the techniques of using transported semen.
  5. The mare should be checked by a licensed veterinarian within forty five (45) days of insemination to determine pregnancy. The results of any such test shall to be given to Simpkins Training in writing. If the mare is not in foal after 45 days, the Mare owner must contact Rodan Ltd Partnership immediately to coordinate another shipment of semen.
  6. In the event that the mare does not conceive in three (3) consecutive heat cycles the Mare owner has the option of selecting another approved mare that is owned or leased by them. If the mare does not conceive after continuous attempts, by August 1st of that breeding season, the mare owner may choose to try again the following year. An additional administrative fee of $500.00 shall apply. If the mare owner does not continue the breeding attempts and does not pursue any of the above options, all fees and deposits previously paid will be forfeited by the Mare owner to Rodan Ltd Partnership. There will be no cash refunds and all re-breed rights will be forfeited.
  7. If any of these procedures are not followed as written and agreed upon or payment is not received, the result is forfeiture of breeding fees and the Stallion Service Certificate. Furthermore, any attempt to obtain a pregnancy with the transported semen in any mare, other than the mare described in this contract, will result in the same forfeiture.
  8. The breeding season begins March 1stand will be closed August 15th of the season listed at the beginning of this Agreement. Rodan Ltd. Partnership reserves the right to make allowances to this policy as decided by management. Rodan Ltd. Partnership reserves the right to decline availability of said Stallion due to show schedules.

LIVE FOAL GUARANTEE:

  1. In the event the foal is born dead or cannot stand to nurse, Rodan Ltd. Partnership will allow one free rebreed within that breeding season and or the following. The Mare owner’s licensed veterinarian is responsible to contact Rodan Ltd. Partnership in writing with the cause of the foal’s death within ten (10) days of said death. The mare owner is responsible for all shipping/handling and lab fees related to the rebreed.

DEATH OF MARE:

  1. In the event of the death of the Mare named in this agreement, the Mare owner could replace the Mare with another mare or the breeding could be sold, to the owner of an approved mare without being advertised, and a handling fee of $500.00 would apply.

RELEASE OF LIABILITY:

  1. Rodan Ltd. Partnership hereby represents to you that any semen transported to you will be from the stallion indicated on the transportation container, and that any other information on or in the transportation container shall be accurate. RODAN LTD PARTNERSHIP DISCLAIMS ALL OTHER REPRESENTATION AND WARRANTIES CONCERNING OR RELATED TO THE TRANSPORTED SEMEN, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  2. Except in the event of gross negligence or willful misconduct by Rodan Ltd. Partnership, its agents, servants or employees (the Rodan Ltd. Partnership Parties), the Rodan Ltd. Partnership Parties shall not be liable for any sickness, disease, death or injury which may be suffered by the Mare, or any foal of the Mare, or for any other cause of action whatsoever arising out of or in any way connected with the injury, theft or equine mortality insurance of the Mare or any foal that may be born to the mare as a consequence of the breeding of the Mare to the Stallion. All risks connected with breeding or provision of any service to the Mare of such foal shall be born solely by the Mare owner. The Mare owner hereby agrees that the Rodan Ltd. Partnership Parties shall not be liable for any special, incidental or consequential damages arising from the transaction covered by this Agreement, including without limitation any damages arising from the non-performance obligations which you may have undertaken to any third party in reliance upon any promises and representations made in this Agreement. In no event shall Rodan Ltd. Partnership’s liability for any action or cause of action arising under this Agreement exceed the amount of fees paid by the Mare owner hereunder.
  3. The Mare owner hereby agrees to immediately pay Rodan Ltd. Partnership all charges, fees and expenses identified above. All other charges, fees or expenses due hereunder shall be due and payable within fifteen (15) days from the date of any billing or invoice rendered by Rodan Ltd. Partnership. The Mare owner hereby agrees to pay a late charge of the lesser of and one half percent (1 ½%) per month of the greatest charge allowed by California law on all sums not paid when due hereunder. Any Mare owner whose payments are not paid within thirty (30) days of invoice will be considered in breach of contract. At such time Rodan Ltd. Partnership may at its sole discretion decline further services and all funds received to date will be retained by Rodan Ltd. Partnership.
  4. This Agreement may not be modified except in writing, signed by the party against whom the enforcement of any waiver, change, modification or discharge is sought. This Agreement shall not be assigned or transferred by either party hereto without prior written consent of the other.All transferred contracts are subject to a $500.00 transfer fee.
  5. This Agreement shall be deemed to have been entered into in the state of California. Both parties agree that the Laws of California shall be appropriate legal forum for resolution of any dispute which may arise out of or be in any way connected with this Agreement.
  6. In the event it may become necessary for Rodan Ltd. Partnership to institute any legal action to enforce the terms and conditions of this Agreement, the Mare owner agrees to pay all reasonable expenses, including Attorney’s fees and the cost of execution of any judgment(s), whether or not a suit is brought.
  7. It is understood that by entering into this Agreement there is a risk in breeding Arabian horses with transported semen and or artificial insemination and that any failure to obtain pregnancy could be due to many variables and unknown causes. Rodan Ltd. Partnership and their stallion are in no way responsible and shall be held harmless from any losses suffered due to unsuccessful attempt at conception and the costs that are considered part of the risk.

______

Mare Owner name (printed)

______

Mare Owner Signature/Date

______

Mare Owner Address
______

CityStateZip code

______

Phone NumberCell Number

______

E-MailFax

Rodan Ltd. Partnership

______

By

______

Date

MARE INFORMATION SHEET

Stallion:RODAN LTD (616530)

Mare name and Reg #: ______

Registered Owner and Lessee of Mare: ______

Billing Address: ______

Phone: ______Cell: ______

Fax: ______E-Mail: ______

Credit Card Information:

Type: ______Number: ______

Name as on card: ______Expiration Date: ______

FedEx # (optional): ______

Semen to be shipped to:

Name:______

Address: ______

Phone: ______

1

Rodan Ltd Partnershp

3501 Cherry Acres Road

Cool, CA 95614