AMERICAN
MADE WARMBLOODS STALLION BREEDING CONTRACT
Fred and Marilyn Taylor
27453 10lst Road
Arkansas City, Kansas 67005
Phone: 620-441-0230
E-mail: americanmadewarmbloods@yahoo.com
This
contract is for the breeding season of 2002, defined as February 15th
to July 1st,
and is made and entered into on this_______________ day of,____________.
This
contract is by and between owners of the stallion, Fred & Marilyn
Taylor, d.b.a.
American Made Warmbloods, hereinafter designated as Breeder, and Mare Owner:
_______________________________________ hereinafter designated as Mare
Owner.
Mare owner agrees to breed the Mare:________________________________________
Breed:_____________________________ Registration #:_____________________.
to the Saddlebred Stallion: Norsk’s Star of Fame, ASHA Reg.
#:________________, for
the stud service fee of $1000.00 for a live foal, subject to the
following conditions.
(1) PAYMENT: The stallion fee includes
a non-refundable booking fee of $350.00,
payable with this contract, the balance of which
must be paid upon mares
arrival. All other expenses are to be paid when
mare is picked up. Mare Owner
agrees to pay for care and feed at the rate of
$7.00 per day for dry mares,
$10.00 per day for wet mares. Mare Owner will pay
all veterinarian and farrier
expenses. In the event that the mare should need
emergency veterinary
treatment and Breeder is unable to notify Mare
Owner, Mare Owner authorizes
attending veterinary to treat said mare, but not to
exceed the amount of
$____________.
(2) MARE OWNER AGREES: Mare Owner
agrees to provide a copy of mares
registration papers. The mare shall be in a healthy
and sound breeding
condition, free from infectious, contagious or
transmissible disease. Rear shoes
are to be removed before arrival, or will be
removed by farrier after arrival, at
Mare Owner’s expense. Mare Owner agrees to give
Breeder ample opportunity
to settle mare and not remove the mare before the
end of her estrus cycle. Mare
Owner agrees to keep the mare in good condition to
successfully carry a healthy
foal.
(3) VETTING: Mare Owner agrees that the
Mare shall be healthy, free from
disease or infection that could be transmitted to
the Stallion, and in acceptable
breeding condition, and the Mare Owner shall
furnish a satisfactory veterinary
certificate to that effect. Mare Owner must provide
a veterinarian’s report of
mare’s cytology (including maiden mares)
and a negative coggins. A culture
is necessary only if indicated by the cytology. It
is essential for Mare Owner to
have mare palpated by veterinarian to determine
what stage the mare is in her
heat cycle before bringing mare for breeding, or by
charting observations of
estrous. It is preferable to bring mare for service
one or two days before her
heat cycle begins. It should be noted if a mare is
known to have a short cycle
(one or two days) or has “silent heats”.
Worming and immunization record
must accompany the mare. Mare must be vaccinated
during the current year and
dewormed within one to two months prior to arrival.
Breeder reserves the right
to refuse mare if not in satisfactory condition. If
there should be two breeding
cycles with no resulting embryo, Mare Owner will be
required to have mare
veterinary checked for possible uterine tract
infections before there will be any
further covers.
(4)
BREEDER AGREES: Breeder will exercise judgment consistent with
recognized standards in care and
supervision of mare and/or foal and to
diligently try to settle mare. Breeder
assumes responsibility of arranging
veterinarian, dental, and farrier services as
necessary. Should a veterinarian find
said mare to be barren after breeding, the
mare may receive more covers until
the end of the current breeding season and
again during the breeding season of
2003 only, at no additional cost of stallion
service fee. Other costs, as listed
herein, will apply. Mare Owner may substitute
another mare, subject to the
approval of Breeder, at any time during the 2002
or 2003 breeding season.
(5) LIVE FOAL GUARANTEE: This
Contract contains a “Live Foal Guarantee”.
A live foal is described as a newborn foal, up to
24 hours from birth, which is
able to stand and nurse without assistance. If foal is
born dead, is aborted or
absorbed, there are return privileges for the following
breeding season if
breeder is notified within 30 days of noticing such
occurrence and receives a
veterinarian’s statement confirming death and probable
cause of death. If such
statement is not received within 30 days, the guarantee
becomes null and void.
This Live Foal Guarantee shall not cover death of the
foal due to neglect or
deliberate destruction except for humane euthanasia.
(6) BREEDER’S CERTIFICATE: A
“Breeder’s Certificate” will be issued for the
foal conceived by this mating if Mare Owner is
current on all obligations to
Breeder. Breeder certifies that the
above-mentioned stallion complies with all
requirements of his breed registry for
registration of resulting foal. Breeder
warranties to have full authority and power to
issue a Breeder’s Certificate and
that this contract is free from all liens and
encumbrances. Mare Owner will be
solely responsible for seeking registration of the
resulting foal in the
appropriate breed registry(s), and will pay all
associated fees or expenses.
(7) REFUNDS: In the event of the
death of the Stallion, a refund of only the stud
service fee will be given, thereby canceling this
entire contract. In no other case
is the stallion fee refundable.
(8) LIABILITY: Mare Owner understands that under Kansas State Law, an
equine
professional has limitations on
liability for equine activities. Mare Owner understands
and accepts the risks of breeding and pregnancy,
and agrees to hold Breeder and all
affiliated agents harmless and release from
liability in connection with this breeding
including, but not limited to, all injuries,
death, sickness, damages, personal property
damages, including consequential damages caused to
the mare and/or foal or losses the
Mare Owner may sustain arising out of the breeding
of the mare that may accrue from
any cause whatsoever during the term of this
Contract unless such death, sickness,
injuries, damages and/or accident was by the
willful and wanton negligence of the
Breeder. If mare fails to settle, for any reason,
Mare Owner will hold Breeder
blameless. Likewise, Breeder agrees to hold Mare
Owner and all affiliated agents
harmless and release from liability in connection
with this breeding including, but not
limited to, all injuries, death, sickness,
damages, personal property damages, including
consequential damages caused to the stallion that
the Breeder may sustain arising out
of the breeding of the mare that may accrue from
any cause whatsoever during the term
of this Contract.
(9) DEFAULT: In the case of any default by one
party, the wronged party shall
have the right to recover reasonable attorney's
fees and court costs as a result
of said default. The substantive and procedural laws of the United States
and
the State of Kansas will govern this Contract. Any
action relating to this
Contract must be brought in the federal or state
courts located in Topeka,
Kansas, and Mare Owner irrevocably consents to the
jurisdiction of such courts.
(10)
CONDITIONS: This Contract cannot be assigned or transferred and constitutes
the entire agreement between the parties. No other agreements or
promises, verbal
or implied, are included unless specifically stated in this written
Contract. Each
party should individually initial additional conditions. If none, so
indicate _______________________________________________________________.
BY SIGNING, Mare Owner warrants being the owner or
a duly authorized agent of the designated mare and acknowledges to have had
sufficient opportunity to read this entire document and understands the
content. Once signed, this Contract will then be binding on both parties
subject to the above terms and conditions.
Mare Owner's Signature:
_________________________________________ Date: __/__/__
Breeder's
Signature: _____________________________________________ Date: __/__/__
Street Address: _______________________ City _______________ State: _____
Zip: __________
Phone: _______________ Fax: ________________ Email:
__________________@________________
Month Booked: _____________ Fee Received: $ _________ Received by:
_____________________