Stallion Service Contract
WITNESS THIS AGREEEMENT this ____ day of ______________, 2007, between Williams Quarter Horses, hereinafter referred to as “Farm” and __________ __________________________________ hereinafter refereed to as “Mare Owner”.
WHEREAS, Mare Owner is owner or lessee of a certain registered mare having registered name of _________________________, with the ____________________ _____________ Registry, Registration No. _________, foaled _______________, and WHEREAS, Mare Owner wishes to breed above-described mare to the stallion, Naughty Investment, a 1992 Registered American Quarter Horse, Registration No. 3122641.
IT IS NOW THEREFORE AGREED between the parties as follows:
Booking and Stallion Fees
(A) Mare Owner agrees to pay a non-refundable booking fee of $________ to reserve a breeding for the year 200___, which will be credited against the Stallion Service Fee.
(B) For consideration of $_________, excluding mare care, Farm herby agrees to breed the stallion, Naughty Investment, as above-described to the mare belonging to Mare Owner as above-described.
(C) The full amount of the stud fee as set forth above and the accrued board veterinary expenses, mare care, farrier expenses, and other charges shall become due and payable upon delivery of the Mare to Mare Owner. Farm shall have a lien against mare, any foal at side and the produce of the mating which is the subject of this Agreement until such time as any and all charges are paid in full; said lien shall survive any transfer of possession. Mare Owner agrees to pay all charges when due and should Mare Owner fail to do so; Farm shall be entitled to recover any costs, expenses and attorney's fees expended in collection. In the event collection of Mare Owner's account is placed in the hands of an attorney, Mare Owner agrees a minimum of $250.00 shall be assessed as attorney's fees.
Mare Care and Board
Mare Owner agrees to pay Farm, the sum of $_______ per day for dry pasture mares, $______ per day for wet pasture mares, $_______ per day for dry barn mares, and $______ per day for wet barn mares. This amount will be charged per calendar day, or portion thereof, in which the mare is in custody or control of the Farm. All mare care charges, including any charges for horse-shoeing, veterinary care or similar charges shall be due and payable prior to the return of mare to Mare Owner. In the event the above- named stallion stands at a commercial breeding and/or boarding facility, said facility will be considered an independent contractor for purposes of this agreement.
Mare Owner hereby states that he has inspected the premises of the breeding facility, including the facilities in which the mare is to be kept and is satisfied with their condition, upkeep and safety. Mare Owner agrees that the care to be imposed on the Farm is that of ordinary care of a prudent horse owner.
General Conditions
This contract is a “Live Foal” contract. “Live Foal” is herein defined as a newborn foal which stands and nurses without assistance. If the foal is born dead, or if the mare does not carry to term, there shall be a return privilege for the following breeding season only if the notification procedure as set forth below is followed.
None of the above-described fees shall be refundable except as described below. However, Farm guarantees a return breeding for the following breeding season for said mare or an approved substitute should a “live foal” as above described not result from this mating. Should this mating not produce a live foal, it must be evidenced by written statement from a licensed veterinarian dated within one week from the date of the death of the fetus, or in an alternative, a sworn statement from said veterinarian that the mare is no longer in foal and the date of the fetus loss is unknown.
In the event of the death of the above-named stallion, this contract shall become null and void. No money shall be refunded to Mare Owner except the booking fee if the mare has not been bred. In the event of the stallion's death prior to the delivery of a live foal, the live foal guarantee as above described shall become null and void. Should the mare die subsequent to payment of booking fee but prior to breeding, only the booking fee will be refunded to Mare Owner. No other fees or charges are refundable except as described in this paragraph.
Mare Owner agrees to furnish a negative Coggins Test (Swamp Fever) prior to the mare's arrival at the breeding farm. Mare Owner authorizes Farm to engage performance of such veterinary services as Farm may deem necessary for the proper treatment, care and protection of the mare and/or foal at side. This is to be done at the Mare Owners expense and will be billed and payable as above-described.
In the event of colic or life threatening illness of the mare, all means available will be utilized to save said mare unless otherwise instructed by Mare Owner, including surgery if recommended by the veterinarian. Mare owner shall pay any and all cost in connection therewith.
Farm shall not be liable for any sickness, disease, estray, theft, death, or injury which maybe suffered by the mare and/or foal at side, or any other cause of action whatsoever arising out of or connected in any way to the breeding and boarding of the mare and/or foal. This includes, but is not limited to, any personal injury or disability which the Mare Owner may receive while on the premises of the breeding facility, even if caused by negligence (if allowed by the laws of this state) by Farm its representatives, agents or employees. Mare Owner fully understands that Farm does not carry any outside horses in its possession, custody or control for breeding and boarding on any public liability, accidental injury, theft, or equine mortality insurance, and that all risks connected with the breeding and boarding of the mare or mares and/or foals are to be born by the Mare Owner or Owners. Farm strongly recommends equine mortality insurance be obtained applicable to the subject horse(s) by Mare Owner. The standard of care applicable to Farm is that of ordinary care of a prudent horse owner. In no event shall the Farm be held liable to the Mare Owner for equine death or injury.
Mares that are not halter broken and/or cannot be hobbled will not be accepted. Mare Owner understands and agrees that the mare may be tranquilized for breeding purposes if deemed reasonable or necessary by the Farm.
It is understood that the breeding season on the Farm commences on January 1 of the calendar year and terminates June 15 of the same calendar year. Mares that do not come into season or are not settled within said breeding season as above-described shall be carried over to the following year, or may be rebred during the following heat(s) if it is practical for the Farm to do so. In the event the Mare Owner elects to rebreed during the following breeding season, Mare Owner agrees to pay any increase in the stallion service fee or mare care fee.
Mare Owner agrees to have said mare pregnancy tested within 45 days from the date of last breeding and provide that information to the Farm as soon a possible. Failure to provide said information waives the live foal guarantee although the Mare Owner shall have a guaranteed right to rebreed the following breeding season at the rate set for said breeding season.
Sale of said mare by the Mare Owner to another party or parties will terminate the live foal guarantee as set forth above and described in this contract unless same is acknowledged and accepted in writing by Farm.
Inherent Risks and Assumption of Risks
The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and herby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in injury, harm or death to persons on or around them; the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions, collisions with other animals; the limited availability of emergency medical care; and the potential for a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting with such participants ability.
WARNING
Under Minnesota Law, a nonprofit corporation, association, or organizations, or a person or other entity donating services, livestock, facilities, or equipment for the use of a nonprofit corporation, association, or organization, is not liable for the death of or an injury to a participant resulting from the inherent risks of livestock activities.
This contract represents the entire agreement between parties. No other agreement, promises, or representations, verbal or implied are include herein unless specifically stated in this written agreement. This contract is made and entered into in the State of Minnesota , and shall be enforced and interpreted in accordance with the laws of said State.
In the event one or more parts of this contract are found to be unenforceable or illegal, the other portions thereof shall be deemed in full force and effect.
Other agreements should be separately initialed by each party.
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FARM NAME: WILLIAMS QUARTER HORSES
_____________________________________________
BY:_______________________________________ Date___________
MARE OWNER