Breeding Contract by FAQ15Hv2

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									                                   Breeding Contract 2012 Season

                                              Goodwin Stables
                                           14567 Goodwin Avenue
                                            Hastings, MN. 55033
                                               651-283-0440
          This contract is made and entered into this _______ day of __________, 20__, by and between Nancy Klaus,
hereinafter referred to as “Stallion Owner”, and ___________________________, hereinafter referred to as “Mare Owner”.
This contract will set forth in its entirety the rights, responsibilities and requisite information necessary for its proper
performance pursuant to applicable laws of the State of Minnesota for the 2011 Breeding Season.
          1.         Breeding Season Defined: The 2012 Breeding Season shall commence on February 1, 2012 and shall
                     cease June 30, 2012
          2.         Service Privilege: Mare Owner hereby contracts and consents to breed the following mare to
                     ______________________________________________, hereinafter referred to as “The Stallion”:
                                Mare’s registered name: _________________________________
                                Mare’s registration number: ______________________________
                                Mare’s breed registry: __________________________________
                                Mare’s foaling year: ____________________________________
                                Mare’s color and markings: ______________________________
                                Mare’s sire and dam: ___________________________________
                                A copy of Mare’s registration papers showing current ownership must be supplied and will
                                become a part of this contract. By signing below, Mare owner warrants that he or she is the
                                appropriate lessee or owner of record with the breed organization listed above.
          3.         Breeding/Service and Booking Fees: Mare Owner agrees to pay a nonrefundable, except as noted in
                     section 6(d), Booking Fee of $300.00 in U.S. funds. Booking Fee shall be incorporated into the
                     Breeding/Service Fee of $950.00 which includes one shipment of semen containing two doses. Further,
                     Mare Owner consents to pay the entire Breeding/Service Fee, as well as the Booking Fee, prior to
                     requesting a shipment of semen from Stallion Owner. If mare does not conceive off of first shipment,
                     mare owner agrees to pay the $300 collection fee and all shipping costs for all future collections.
          4.         Reproductive Condition of Mare: Mare Owner warrants and covenants that said mare has been properly
                     examined, treated, vaccinated and prepared to be bred to ___________________________. If the mare is
                     barren or maiden, Stallion Owner shall have the right to request the following tests, which include but are
                     not limited to, a) Negative Uterine Culture, or b) Equine Cytology with Sensitivity prior to shipment of
                     semen. Additionally, Mare Owner warrants by signature of this contract that prior reproductive
                     difficulties with regard to above mare have been disclosed in writing to Stallion Owner.
          5.         Liability Waiver: Mare Owner hereby agrees to diligently settle the mare utilizing standard reproductive
                     practices common in the industry. If, however, the mare fails to become pregnant after two semen
                     shipments, Stallion Owner shall have the right to request communication with Mare Owner’s attending
                     veterinarian in addition to testing results of a biopsy. Neither party shall be liable to the other for any
                     loss, damage, sickness, injury, death or disease to the stallion, the mare or resulting offspring which may
                     occur as a result of the privileges granted herein.
          6.         Live Foal Guarantee (“LFG”): The following guarantee is conditioned upon compliance by Mare Owner
                     of all conditions set forth in this Contract and established industry standards with regard to equine
                     breeding:
                     a.         Stallion Owner hereby guarantees to Mare Owner that a single, live foal will result from the
                                privileges granted herein.
                     b.         “Live Foal” means that the foal shall stand and nurse.
                     c.         Provided that Mare Owner has remained in compliance with the terms and conditions set forth
                                herein, should the mare die, prove barren, abort the foal, or if the foal is stillborn, Mare Owner
                                is entitled to a return service for the subsequent breeding season only.
                     d.         If Stallion dies, sells or becomes unfit to breed before mare is bred, Stallion Owner shall have
                                no liability to Mare Owner except notification of its occurrence along with a complete refund of
                                Breeding/Service Fee and Booking Fee.
                     e.         If The Mare dies during breeding season, Mare Owner may substitute another mare upon
                                written approval of alternate mare by both parties to this Contract.
                     f.         Stallion Owner shall be released from the LFG and the LFG shall be void if:
                                1.          Mare Owner fails to notify Nancy Klaus within forty-eight (48) hours after the time
                                            of foaling that a live foal was not produced; and
                                2.          Within fourteen (14) days after such event, Mare Owner has not provided
                                            certification that foaling was properly attended and produce a veterinarian’s statement
                                            substantiating the failure of the mare to produce a live foal; or
                                3.          The Mare is sold without notice to Stallion Owner; or
                             4.        The Mare is returned to training after being checked in foal.
        7.        Certification: Stallion Owner shall issue a properly prepared Breeder’s Certificate to Mare Owner at
                  anytime after the Mare is checked safe in foal and all relative expenses have been satisfied in full. Mare
                  Owner shall not have the authority to sell, assign or substitute the rights and privileges assigned herein
                  without the written consent of Stallion Owner. Any attempt at doing so shall entitle Stallion Owner to
                  terminate this Contract and release it from obligations created herein.
        8.        Embryo Transfer Mares Only: If Mare Owner intends to employ embryo transfer procedures, Stallion
                  Owner shall be entitled to additional breeding fees should more than one viable embryo result.
        9.        No Warranties: No warranties, unless expressly stated herein, either express or implied, shall be granted
                  with this Contract.
        10.       Entire Agreement: This Contract represents the entire agreement between Mare Owner and Stallion
                  Owner. No amendments may be made unless in writing and attached hereto.
        11.       Choice of Law and Disputes: This Contract shall be construed in accordance with the laws of the State of
                  Minnesota and will inure to the benefit of the heirs, personal representatives, successors and permitted
                  assigns of the parties hereto. Mare Owner hereby irrevocably and unconditionally submits to the
                  jurisdiction (both subject matter and personal) of Minnesota’s judicial system, waives any objection of
                  venue and waives any claim that such actions were brought in an inconvenient forum.
        12.       Proper Parties: The persons signing this Contract certify that they are the proper parties authorized and
                  entitled to bind and execute this Contract.


APPROVED THIS ____________ DAY OF ___________________, 20___.


_________________________________________________________________
Stallion Owner or authorized agent                      date



_________________________________________________________________
Mare Owner or authorized agent/lessee                   date

Mare Owner/Lessee/Agent Information (circle one)
Name: _____________________________________
Address: ___________________________________
City, State, Zip: _____________________________
Daytime Phone: _____________________________
Evening Phone: _____________________________
Cell Phone: _________________________________
Fax or email: ________________________________
Form of payment-check #________
Credit card-VS-AE-MC#___________________________________exp.date_______________[ 2.9% Convenience charge
added]
                                  Card Holder _______________________
                                   signature_________________________

   If mare is leased, a copy of the lease agreement must be provided to Stallion Owner with properly signed
    Contract. However, the lease agreement does not become part of this Contract. Stallion Owner specifically
    denies any contractual liability to original mare owner.
   A copy of mare’s registration papers from the respective breed registry(ies) will be attached and become part of
    this Contract.
   All stallion service auction purchases are required to pay the $300.00 booking fee to stallion owner but the
    bidding and final donation amount of said auction is to be paid to the sponsoring organization per their specified
    requirements. After initial semen collection is shipped, any additional collections are $300 and shipping is the
    responsibility of the purchaser.
                                                    TRANSPORTED COOLED SEMEN
                                                  ADDENDUM TO BREEDING CONTRACT

The execution of this Addendum is made in conjunction for the 2012 Breeding Season for ___________________________,
and The Mare, __________________________, recognized as _________________ registered with
________________________ breed registry(ies). Mare Owner hereby confirms reservation via transported cooled semen as
evidenced by signatures on Breeding/Service Contract and the Addendum.
 1.      The Stallion Service Fee, Booking Fee, container deposit and shipping fees must be paid in full prior to shipment of
         semen.
 2.      Payments must be made in U.S. funds utilizing cash, cashier’s check, certified checks, or major credit card only.
 3.      Mare Owner agrees to pay the following charges associated with the transportation of cooled semen:
         a.         A paid deposit of $200.00 for use of the Equitainer. As stated above, this must be paid in full prior to
                    shipment. The Equitainer must be returned via overnight delivery to Nancy Klaus at Goodwin Stables
                    within forty-eight (48) hours of its receipt at Mare Owner’s expense. If it is not returned within five (5)
                    working days from farm shipment, Mare Owner will be assessed a $25 per day late fee. Mare Owner
                    may provide his/her own Equitainer clearly marked with address provided it is in good condition.
         b.         For each shipment of cooled semen, charges will include a $ 300.00 handling fee in addition to standard
                    overnight shipping cost via FedEx. If same day delivery is required, Mare Owner agrees to pay
                    additional costs for such service (counter-to-counter shipments). There is a $50.00 fee for semen picked
                    up on farm.
 4.      Procedure for reservation of shipped semen:
         a.         Semen will be collected and shipped on breeding days only. Breeding days will be on Monday,
                    Wednesday and Friday.
         b.         All semen orders must be received by 7:00 p.m. CST the night prior to shipment. Requests will be filled
                    in the order in which they are received. Preference will be given to mares receiving a first shipment over
                    mares receiving second or third shipments. Mare Owner recognizes that orders received past 7:00 p.m.
                    may not be sent counter-to-counter due to airline schedules. Any cancellations after 12:00 p.m. (noon) of
                    the day of request, may incur shipping charges if processing is complete.
         c.         Mare Owner shall notify Stallion Owner when the mare first shows signs of heat for the purpose of
                    scheduling.
         d.         Semen may only be used on the mare designated in this Contract and Addendum.
 5.      Mare Owner agrees to use the utmost diligence along with contemporary industry practices in the breeding and
         insemination of The Mare. Stallion Owner reserves the right to refuse semen shipments to Mare Owner after two
         shipments.
 6.      Mare Owner agrees to have The Mare examined by an early ultrasound scan fourteen (14) days after the last day of
         insemination and promptly notify Stallion Owner of pregnancy status. It is necessary for LFG that The Mare be
         pregnancy checked again at forty (40) to forty-five (45) days by manual palpation by a vet.
 7.      Stallion Owner shall ship semen that has been analyzed and tested to be free from infectious diseases. Motility,
         collection, packaging procedures and sperm count meet and/or exceed acceptable industry standards. Additionally,
         The Stallion has been DNA typed and recorded with the American Quarter Horse Association.
 8.      If the Mare fails to conceive within one breeding season after two (2) semen shipments, Stallion Owner reserves the
         right to charge an additional $150.00 handling fee the following season. Stallion Owner may also pursue its rights
         stated in paragraph 4 of the Breeding Contract, without limitation.
 9.      Mare Owner agrees to comply with all breed association requirements with regard to the use of transported cooled
         semen. Appropriate documentation required by the various associations shall be dealt with accordingly and timely.
         DNA and parentage verification for the resulting foal shall be at Mare Owner’s expense.
 10.     Mare Owner’s signature represents a complete and full understanding of its terms and conditions. This Addendum
         shall become incorporated to the Breeding Contract as a binding, legal instrument to be construed in accordance
         with the laws of the State of Minnesota. It shall be binding upon the parties’ heirs, assigns and successors in
         interest. The Addendum and the Breeding Contract shall constitute the entire agreement between the parties listed
         below. No other agreements, whether verbal or implied, shall be included. This contract may not be transferred or
         assigned.

______________________________________________________________
Signature of Stallion Owner                        date

______________________________________________________________
Signature of Mare Owner                             date
Credit card VS-AE-MC#_________________________________________ exp. date_________________[2.9% Convenience Charge added]

Address of Record for Transported Cooled Semen:

________________________________________________
Name of Recipient

____________________________________________________________________________________
Street Address                           City                 State     Zip Code

____________________________________________________________________________________
Phone (day)                    Phone (cell)                   FAX
Closest Airport to Mare Owner: _____________________________________________

								
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