Farm Onsite Stallion Service Agreement

Farm Onsite Stallion Service Agreement

This certifies that , herein referred to as “Mare Owner”) has hereby engaged one breeding to (Name of the Breeder, who is the owner of the stallion) hereinafter referred to as the “Breeder” for the season at $ for the following mare:

Mare Name Reg No. Breed Year Foaled

Color Sire Dam

Expected date of shipment:

Mare is: Maiden Open In Foal (last breeding date) Wet (foal born)

This service agreement is engaged subject to the following:

1. Payment

A booking fee of $ from the above breeding fee is payable with this contract, and the balance of $ plus all unpaid expenses will be payable upon receipt of an invoice or when mare leaves the farm, which ever is first. Once a mare has been examined by Breeder, the booking fee is considered earned and is not refundable. The Breeder requires 48 hours advance notice when the Mare Owner wishes to remove his mare(s) from the farm. The mare (and foal, if applicable) shall be released only upon payment in full of all outstanding invoices, including those from the attending veterinarian.

2. Breeding Fee

This contract is good for one foal. Multiple foals from the same mare in the same breeding season will require a separate contract and breeding fee for each resulting foal. The only exception to this would be twins that are carried throughout term and foaled by one mare.

3. Health Certificate

A photocopy of registration papers (both sides) shall be sent to Breeder with this contract and booking fee. A veterinarian's health certificate, worming and immunization records, and a current Coggins test (within 6 months) shall accompany the mare. If these are not presented upon a mare's arrival, the Breeder shall have the attending veterinarian make proper tests and evaluations at the Mare Owner's expense. Mare (and foal, if applicable) will be periodically vaccinated and wormed as deemed necessary by the attending veterinarian at Mare Owner's expense.

4. Warranty by Mare Owner

Mare Owner warrants that the mare is healthy, in sound breeding condition, is halter broke and registered with the breed association. Breeder may require a negative uterine culture or cytology with sensitivity test if mare is maiden and/or barren.

5. Health of the Mare

Mare Owner agrees that each mare offered for breeding shall be in sound breeding condition and free from any infection or disease. Any mare certified by the attending veterinarian not to be in sound breeding condition shall not be bred. Mare owner may substitute another mare within the same breeding season.

6. Authorization given to the Breeder

All parties agree to diligently try to settle Mare. Should Mare not settle, Mare Owner will hold Stallion Owner and/or Breeder harmless from any resulting loss or damage. Stallion Owner and/or Breeder shall not be liable for any injury, sickness, disease or death of Mare or her offspring arising from the exercise of the breeding rights and privileges granted herein. Mare Owner shall not be liable for any injury, sickness, disease or death of Stallion arising from the exercise of the breeding rights and privileges granted herein. Insurance is the responsibility of the respective parties to this Agreement. Also, Mare Owner agrees by signing below that Agent is authorized to consult with and obtain direction of a licensed veterinarian with regard to the care of the mare. Further, Mare Owner hereby authorizes Breeder to obtain and follow a licensed veterinarian’s directions with regard to the mare and fully releases and holds harmless Stallion Owner and/or Breeder, and/or others acting on their behalf. In the event that extra ordinary health care is required for the Mare and/or foal the Agent will attempt to contact the Mare Owner by telephone, but the Breeder’s inability to contact the Mare Owner does not abrogate the authority granted to the Breeder by the Mare owner to seek necessary treatment for the Mare and/or foal at the Mare Owner’s expense.

7. Breeding

The Breeder agrees to diligently try to settle the above named mare and shall have sole discretion of determining the best method of breeding such mare. If, however, the mare does not settle, the Breeder shall be held harmless. Should the above named stallion die or become unfit for service, the mare owner may breed the mare to another stallion standing at the Breeders facility that is agreed to by both the Mare Owner and Breeder.

8. Live Foal Guarantee (LFG)

THERE WILL BE NO GUARANTEE OF A LIVE FOAL FOR ANY MARE LEAVING THE BREEDER BEFORE BEING CHECKED SAFE IN FOAL BY THE ATTENDING VETERINARIAN. Live foal means the foal shall stand and nurse. It is understood that if the mare proves barren, aborts her foal, or if foal is stillborn, a return season will be guaranteed for the following year only, providing proper notification is given. Proper notification shall be defined as follows: Written certification by a licensed veterinarian within seven days that the mare has slipped or produced a non-viable foal. Mare Owner certifies that such abortion or death did not result from any act or omission of the Owner subsequent to the mare's departure from Breeder. Booster rhinopneumonitis vaccinations must be administered as indicated by the individual drug manufacturer as the mare progresses through her pregnancy. FAILURE TO DO THIS WILL VOID THE LIVE FOAL GUARANTEE.

9. Rebreed

Third year rebreeds are subject to an additional booking fee plus any increases in the breeding fee. No live foal guarantee on third year rebreeds. Paint Color Guarantee: Rebreed in only with a $ chute fee.

10. Breeding season

The breeding season in force for this contract shall begin February 1 and close July 15 of the year dated on this contract.

11. Return of Breeding Fee

It is further agreed that should the above stallion die or become unfit for service, the breeding fee will be returned. If the mare dies or becomes unfit to breed, another mare may be substituted with the stallion owners consent.

12. Breeders Certificate

Stallion Owner will issue a breeding certificate when notified of the birth of the foal resulting from this breeding, providing that the Mare Owner has no outstanding debt to Stallion Owner or Breeder. All charges must be paid in full prior to issuance. Mare Owner shall not sell or assign this breeding contract. Substitution of mares is forbidden without the express written consent of Stallion Owner. Attempts to assign or substitute without prior written consent of Stallion Owner shall terminate this Agreement and release Stallion Owner from its obligations.

13. Waiver of Liability

It is understood that the Breeder and guests shall not be liable for any injury, escape, disability or death of any horse on it's premises. The above named Mare Owner, whose horse(s) is (are) under the care of Breeder, will not be liable or responsible for any damage, injury or death to the breeding farm stallions, employees, veterinarians, or other animals in the care of Breeder, whether or not caused by his/her horse. WARNING - Under law and equine professional is not liable for injury or the death of a participant in equine activities resulting from inherent risks of equine activities.

14. Indemnification

Mare Owner understands that every reasonable effort to ensure a safe delivery will be utilized. Mare Owner agrees to release and hold harmless Stallion Owner and/or from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of the breeding, handling, foaling or keeping of the Mare at Breeder that may accrue from any cause whatsoever including, but not limited to, theft, fire, escape, running away, accidents, illness, injuries or death during the term of this Agreement or while mare is in the care and custody of Breeder.

15. Mare Owner’s Responsibility

Mare Owner shall be solely responsible for all acts and behavior of Mare at all times during this Agreement. In no case shall Breeder be liable for the acts and behavior of Mare other than in the exercise of gross negligence or willful and wanton misconduct on the part of Breeder in breeding, handling and/or keeping of the Mare. Mare Owner also hereby agrees to indemnify and hold Agent harmless against all damages sustained or suffered by any third person that was caused by the acts of the Mare or her foal.

16. INHERENT RISKS AND ASSUMPTION OF RISK

The undersigned acknowledges there are inherent risks associated with equine activities such as described below and hereby 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 an 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 conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of 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 within such participant’s ability.

17. Governing law

This contract is made and entered into in the County of , the State of , and that is shall be interpreted, enforced and transacted under the laws of said state, and within the designated county, regardless of the manner of breeding solicitation.

18. Signature

Mare owner signature on this contract indicates that he/she has read and fully understands all of the terms and conditions outlined herein, and accepts this contract as a legal and binding instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2.