50 Shotgun Road, Cartersville, GA30121

Breeding Contract for the Trakehner Stallion “Favian”

ATA Stallion Service Auction

Please complete contract by printing, signing or initialing where indicated. Answer all questions. Incomplete contracts will be returned.

Mare Owner/Agent:______

Address: ______

Phone (day):______Phone (night)______

Email address (invoices will be sent via email): ______

Mare’s name: ______Color: ______

Breed registry: ______Registration #: ______

Sire of Mare: ______Dam of Mare ______

Mare’s date of birth ______Damsire of Mare ______

Name and address where semen is to be shipped:

All shipments and deposits will be sent payable by credit card to Peterson & Smith

This agreement made the ______day of ______, ______between Carol Flammer and Two Run Creek Trakehners, hereafter referred to as the STALLION OWNER and ______, hereafter referred to as MARE OWNER/AGENT. In consideration of the mutual promises contained herein, the parties agree to the following terms as follows:

  1. The service fee for this breeding shall be: $ 0 (ATA Convention/On-Line Stallion Service Auction).

______This contract is for Frozen Semen (Two doses will be donated to the Purchaser for the purposes of this Stallion Service Auction. One dose = eight straws). There is a Live Foal Guarantee. ** Should the Purchaser use the two doses on two mares and there are two resulting foals, the Purchaser will be required to pay EA a reduced Stallion Service Fee of $500 and sign a second breeding contract to receive a breeding certificate for the second foal.**

  1. This contract is for: frozen semen to be used to inseminate the mare listed above only during this contract year or the following year unless other arrangements are agreed upon in advance between mare and stallion owner. Unused semen may not be used in additional mares without prior approval by STALLION OWNER.
  2. A Breeding Soundness Report should be done prior to the first shipment of semen in that year. A licensed veterinarian will determine if the mare is suitable for breeding. If a licensed veterinarian determines that the mare is unsuitable for breeding, the MARE OWNER/AGENT may substitute a new mare, subject to acceptance by STALLION OWNER. This mare shall be bred under the same terms and conditions as the original mare. No refunds will be given if a substitute mare cannot be found.
  3. Frozen semen is available for the 2012 breeding season. Associated fees and requirements are estimated below. Fees will be paid directly to Peterson & SmithEquineHospital (an approved Select Breeder’s facility)
  • Refundable tank deposit = $750 (to be returned within 5 business days)
  • Nitrogen tank rental = $100
  • Frozen semen shipment via Fed Ex = $300
  • Maximum doses available is 2 per breeding season

*Peterson & Smith Equine’s fees are subject to change. Rates are subject to change.

4.STALLION OWNER agrees that if all fees have been paid and the mare subsequently as a result of this breeding does not have a live foal that can stand and nurse unassisted, thecontract can be carried forward to the 2010 breeding season. Once a live foal has been delivered that can stand and nurse unassisted, this contract is deemed fulfilled. The live foal guarantee is valid only if the MARE OWNER/AGENT has properly maintained the health of the mare and verifies the mare’s pregnancy loss, stillbirth, or newborn foal death by notifying the STALLION OWNER and providing a signed and dated veterinary certificate verifying the loss within ten (10) days of its occurrence.

5.All fees described in this contract will be billed to the MARE OWNER/AGENT and are due within 10 days of receipt. Balances outstanding after the due date are subject to finance charges at the rate of 1.5% per month. In addition, if the MARE OWNER/AGENT fails to pay any amount due for more than 30 days after the billing date, STALLION OWNER is not obliged to perform further under this contract until all past-due amounts have been paid. Make checks payable to Carol Flammer.

6.The MARE OWNER/AGENT shall assume all responsibilities for the condition of the mare and shall bear all risk of loss or damage to the mare whatsoever by death, disease, injury, infection or otherwise, and by any cause whatsoever, including inappropriate, untimely, or negligent insemination or failure of insemination. The MARE OWNER/AGENT therefore holds harmless Two Run Creek Trakehners, its owners, employees, agents and officers from any liability for any and all damages associated therewith. The MARE OWNER/AGENT hereby agrees to pay all expenses and attorney’s fees incurred by Two Run Creek Trakehners in defending any claims for which MARE OWNER/AGENT has agreed to release, discharge, indemnify and hold harmless Two Run Creek Trakehners its owners, employees, agents and officers.

7.The MARE OWNER/AGENT agrees to pay all collection costs, including attorney fees, court costs, necessary travel expenses, postage or express mail fees and the like reasonably incurred by STALLION OWNER or a collection agency in their attempts to collect any amounts due hereunder or enforce the term hereof. This clause shall allow collection of said funds whether or not suit is filed.

8.Any matter of a legal nature shall be settled in the courts of Bartow County, Georgia.

I, the undersigned, do hereby certify that I am the mare owner named herein, or duly authorized agent thereof, and as such have the authority to enter into this contract, as witness by my signature. I also certify that I have read and understand this contract and fee schedules.

This contract is binding upon both parties when signed.

______

Signature, MARE OWNER/AGENTDate

______

Signature, STALLION OWNERDate

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