Stallion Breeding Contract

Contract for Breeding Services of Stallion

Breeding Agreement made , between

, a corporation organized and existing under the laws of , with its principal office located at

hereinafter called the Breeder, and , of

hereinafter called the Mare Owner.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Stallion Services

The Breeder agrees to provide and the Mare Owner agrees to purchase the breeding services specified in this Agreement, subject to the terms and conditions set forth below, and to pay the specified fees for such services. The breeding services are to be provided during the breeding season of and concern , stallion. The Mare is , Registration No. , (specify other identification information) . The Mare is years old and is in color.

2. Payment of Board

Breeder shall provide normal customary care and feeding of the Mare for which the Mare Owner shall pay a daily fee of for board. This amount shall be increased to per day for a Mare with a foal.

3. Obligations of Mare Owner

Mare Owner agrees that:

A. The arrival of the Mare will be coordinated with the Breeder so that the Mare arrives approximately weeks prior to going into heat;

B. Upon arrival, Mare Owner will have hind shoes removed, will have a certificate indicating a current Coggins test and negative uterine culture and will be accompanied by past health records; and

C. Mare Owner shall pay all reasonable customary veterinary expenses incurred by the Breeder in checking the Mare's breeding condition or in treating the Mare for injury or disease.

4. Required Testing

If the Mare should be boarded with the Breeder for a period of less than days, the Mare Owner agrees to provide the Breeder with evidence of:

A. A pregnancy test performed by a licensed veterinarian between the 18th and 20th day following the Mare's last day of contact with the stallion; and

B. A pregnancy test performed by a licensed veterinarian between the 40th and 45th day following the Mare's last day of contact with the stallion. Certified results of the tests are to be delivered to the Breeder within 48 hours of each of the tests. The Mare Owner agrees to be responsible for the payment of all expenses and fees associated with such testing and to hold the Breeder, its officers, agents and employees harmless from such testing.

5. Live Foal

While the Breeder does not guarantee that the Mare shall get a live foal, the Breeder does agree that should the Mare prove barren or the foal die at birth, the Mare Owner will send notice signed by a veterinarian within weeks of such determination or death, and the Mare Owner shall be furnished breeding services the following season at no additional charge. The Mare Owner may rebreed the same Mare or may breed another mare. If the Mare Owner elects to exercise this rebreeding privilege, the Mare Owner agrees to pay the normal and customary board fees in effect during the following season. It is agreed that beyond the rebreeding privilege set forth in this section, there is no warranty, either express or implied, concerning the delivery of a live foal. If the Mare has been with the stallion less than days and if, after testing, it is established the foal is not get of this stallion, then in that event, the Mare Owner shall not be entitled to the rebreeding privilege set forth in this Section.

6. Fees

For the breeding services specified in this Agreement, the Mare Owner agrees to pay the Breeder a stud fee of , plus a non-refundable booking fee of an additional , the receipt of which is acknowledged. The stud fee, together with any additional board or other fees, shall be paid when the Mare leaves the farm. The Breeder shall provide the Mare Owner with a stallion certificate only when all fees have been paid in full.

7. Liability for Injury, Death or Disease

Mare Owner shall not be responsible for the injury, death or illness of the stallion or of any of the Breeder's other horses when the Mare is on the farm. In recognition of the risks inherent in breeding operations, the Breeder agrees to perform its services in the usual and customary fashion, but shall not be responsible for the injury, death or illness of the Mare or her foal. The Mare Owner is urged to obtain appropriate insurance. The failure of the Mare Owner to obtain appropriate insurance shall not, in any fashion, act to transfer the liability for the injury, death or illness of the Mare or her foal to the Breeder. The Mare Owner does, therefore, agree to hold the Breeder, its officers, agents and employees harmless from any and all liability for the death, injury or illness of the Mare or her foal.

8. Inability of Stallion to Perform

If it should be established by a competent authority that the stallion is unfit or unable to perform in the prescribed fashion, this Agreement shall be deemed to be terminated and all breeding fees, less the non-refundable booking fee, shall be refunded to the Mare Owner. There shall be no refund of board fees or shipped semen fees (if semen was collected).

9. Shipped Semen

Fresh semen will be shipped by same day transport to the nearest commercial airport. The cost is which includes inseminations. All stud fees and deposits must be paid before the Breeder will ship semen.

10. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

11. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

12. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

13. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

14. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

15. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

16. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

17. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

18. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

19. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

20. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.