Service Contract Doc by vtc12324

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									                                                                P.O. Box 2197
                                                                Clintwood, Virginia 24228
                                                                Phone: (276) 926-8835
                                                                Fax: (276) 926-8836
                                                                Email: mullinsfarm@verizon.net
                                                                URL: www.mullinsfarm.com




                              STALLION SERVICE CONTRACT

         Stallion Breeding and Transported Semen Contract

INSTRUCTIONS:
   1. Complete, sign and return one copy to us. Retain one copy for your records. One copy
      executed by Mullins Farm L.L.C. or its assigned Agent will be promptly returned to you
      once it is accepted.
   2. Enclose the non-refundable Booking Fee with the contract made payable to Mullins Farm
      L.L.C.
   3. If Owner of the Mare: Enclose a copy(s) of the mare’s registration papers (front and
      back), if registered.
   4. If Leasing the Mare: a copy of the Lease Contract with a letter of Authorization from the
      registered owner agreeing to the terms of this Contract.
   5. If Purchasing the Mare: a copy of the Purchase Contract and the current owner’s
      approval to breed the Mare to the chosen stallion by the Breeding Customer.

If breeding live cover, the following must accompany the mare:
     1. Current (within 12 months) negative coggins test.
     2. A negative uterine culture.
     3. Current Worming and Vaccination Record.

Stallion Chosen: Check One

□ Poderoso de San Luis, PFHA Reg. #39259, Breeding Fee: $1,200.00
□ The Virginia Undertaker, RHBAA Reg. #97498, Breeding Fee: $1,200.00
Mullins Farm L.L.C. or its assigned Agent is managing the breeding of the stallions: Poderoso de
San Luis and The Virginia Undertaker during the ___________ Breeding Season.

CONTRACT, made by and between Mullins Farm L.L.C. or its assigned Agent

_______________________________________ (Mullins Farm L.L.C. Agent Signature) and

_______________________________________ (Breeding Customer Name)

_______________________________________ (Breeding Customer Signature)

_______________________________________ (Breeding Customer Address)

_______________________________________ (Breeding Customer Address)

(        )_____________________ (Breeding Customer Phone)

(        )_____________________ (Breeding Customer Alternate Phone)

(        )_____________________ (Breeding Customer Fax)



Mullins Farm L.L.C. – Stallion Service Contract   Page 1 of 5
_______________________________________ (Breeding Customer Email)

For Shipped Semen Only:

_______________________________________ (Vet or Clinic Used)

_______________________________________ (Vet or Clinic Address)

_______________________________________ (Vet or Clinic Address)

_______________________________________ (Vet or Clinic Phone)

_______________________________________ (Where Semen is to be Shipped)

_______________________________________ (Shipping Address)

_______________________________________ (Shipping Address)

_______________________________________ (Phone # of Shipping Location)

Whereas, the Breeding Customer owns or has legal interest in the Mare:

_____________________________________ (Type of Mare)

_____________________________________ (Mare Name)

_____________________________________ (Registration #)

_____________________________________ (Date Foaled)

______________________________________________________________
(Age)        (Color)      (Size)       (Markings)

including the right to breed the Mare to the chosen Stallion. This Contract is made and entered
into this ________ day of ________________, 20______.

□ Live Cover
□ Shipped Semen
NOW, Therefore, in consideration of the premises and the mutual promises and
covenants made herein, the parties hereby agree as follows:

     1. All checks should be made payable to Mullins Farm L.L.C. for the breeding fees identified
        above in the Chosen Stallion section.
     2. Breeding Customer agrees to pay $125.00 Booking Fee, to be paid at the
        time of the signing of this Contract. (Non-refundable). The Booking Fee will serve as a
        down payment towards the Breeding Fee. Upon payment,
        Mullins Farm L.L.C. reserves for Breeding Customer, one season’s booking to the
        Chosen Stallion for stud service to said Mare.
     3. The Balance of the Breeding Fee is due prior to shipment of semen or before/upon the
        mare’s arrival to Mullins Farm L.L.C. for live cover.
     4. The Mare Owner agrees to and is bound to the rules and policies of Mullins Farm L.L.C.,
        which are incorporated herein as part of this contract.
     5. The Mare Owner agrees to hold Mullins Farm L.L.C., its employees and Agents, stallion
        owners and premises owner and their heirs, administrators, executors or persons



Mullins Farm L.L.C. – Stallion Service Contract   Page 2 of 5
           associated with the same, harmless from any death, injury, financial loss, consequential
           damages and/or loss of future profits. The Mare Owner accepts all risk of death, injury or
           incapacity to breed or conceive and forfeit booking fee in the event of such.
     6.    The Mare Owner agrees that in the event a mare fails to conceive, return breeding
           privileges are granted to that mare for a period of twelve months from the initial breeding
           date. If the mare fails to conceive during said time period, the mare owner agrees to pay
           an additional $200.00 booking fee to extend the live foal guarantee for an additional
           twelve-month period. In the event a mare conceives and the breeding fee and all farm
           bills have been paid in full, but the mare fails to deliver a live foal, the Mare Owner agrees
           that the mare shall have return breeding privileges for a period of eighteen months from
           the original breeding date. The Mare Owner shall not be subject to an additional booking
           fee during this time period. Failure to notify the farm in a timely manner of the mare’s
           death, inability to conceive, or abortion or absorbing shall result in the loss of the live foal
           guarantee and return privileges.
     7.    The Mare Owner acknowledges that Mullins Farm L.L.C. or its assigned Agent
           STRONGLY recommends pregnancy checks via ultrasound at 17 days, and by palpation
           at 45 to 60 days. Mullins Farm L.L.C. or its assigned Agent also STRONGLY
           recommends Rhino vaccinations at 5, 7, and 9 months, plus all normal vaccinations
           appropriate for the mare location.
     8.    This Contract is non-assignable and non-transferable. There shall be no right of return to
           the chosen stallion if the mare is sold or otherwise changes ownership after having been
           served by the chosen stallion.
     9.    Services will be rendered to Mare Owners with accounts in good standing with Mullins
           Farm L.L.C. Mare owners with balances over thirty days past due may not request
           shipments or services until their accounts have been paid in full. A ten percent (10%)
           late fee will be applied to all balances over 30 days past due.
     10.   This Contract has a live foal guarantee (LFG). This is defined as a foal that stands and
           nurses. Mullins Farm L.L.C. or its assigned Agent must be notified within 7 days and
           sent a veterinarian certificate, if the foal does not stand and nurse or the mare slips the
           foal. Rebreeding is guaranteed for the original mare or another mare as agreed in writing
           by both Mullins Farm L.L.C or its assigned Agent and the Mare Owner. Rebreeding
           applies to the Breeding Fee only, semen collection/processing and shipping will be at the
           expense of the Mare Owner.
     11.   Semen pick-ups and trailer breedings are available on a limited basis on normal
           collection days, provided the request for such is communicated to Mullins Farm L.L.C. 24
           hours prior to the day of collection/breeding.
     12.   Should the Chosen Stallion die or become unfit for breeding, then the Mare Owner will be
           refunded the Breeding Fee less veterinary/shipped semen costs. Or, the Mare Owner
           may choose another stallion owned by Mullins Farm L.L.C.
     13.   Mullins Farm L.L.C. or its assigned Agent will sign the appropriate paperwork upon
           notification for the Mare Owner once the foal is born for registration purposes after all
           outstanding expenses have been paid.
                                                            st                  st
     14.   The Breeding Season will be from January 1 to December 31 of each year.
     15.   All fees in this Contract are in US funds.

LIVE COVER:

     1. The Mare Owner shall pay Mullins Farm L.L.C. or its assigned Agent, $10.00 per day
        mare care. No mare will be removed from Mullins Farm L.L.C. unless all fees and costs
        are paid in full.
     2. The Mare Owner warrants that the mare is free from infection and disease and is in
        sound breeding condition. Mullins Farm L.L.C. or its assigned Agent, at its sole
        discretion may reject any mare presented. Mullins Farm L.L.C. or its assigned Agent,
        may require an examination, culture, and/or biopsy from a licensed veterinarian at the
        expense of the Mare Owner.




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     3. The Mare Owner agrees to furnish Mullins Farm L.L.C. or its assigned Agent, with the full
        name and correct registration number of each mare and shall furnish a current coggins
        report, copy of registration, and vaccination/worming record at the time the mare is
        delivered to Mullins Farm L.L.C. or its assigned Agent.
     4. Veterinarian fees, board bills, shipping fees, trailer breeding fees, pick-up fees,
        medicines, or other related expenses are not included in the Stallion Service Contract,
        and the Mare Owner agrees to pay these expenses prior to the mare’s departure or prior
        to the pick-up or shipment of semen.
     5. The Mare Owner gives Mullins Farm L.L.C. or its assigned Agent permission to contact a
        vet in the event of an unforeseen emergency regarding the mare, and will be responsible
        for paying the vet bill.
     6. Mullins Farm L.L.C. or its assigned Agent requires 24 hours advance notice when the
        Mare Owner wishes to removed the mare from Mullins Farm L.L.C.’s premises.

SHIPPED SEMEN:

When using cooled transported semen, the success or failure of the breeding is largely YOUR
RESPONSIBILITY. The most fertile stallion cannot get your mare in foal if she has reproductive
problems or is bred at the wrong time.

If you want to give your mare a 90% chance of conceiving, you must assume the responsibility
and you should employ the services of a competent veterinarian to work closely with Mullins Farm
L.L.C. or its assigned Agent, so that we can schedule your shipments. Long distance breeding is
a partnership; a partnership where you, your vet, and Mullins Farm L.L.C. must work together.

Good mare management at home requires some diligence on your part. But, shipping will save
you a lot of money and enable you to breed to any one of our stallions.

     1. Procedures and Fees

               a. The Mare Owner(s) agree to conform to all policies and procedures set forth by
                  Mullins Farm L.L.C. in this contract.
               b. The following must be received by Mullins Farm L.L.C.’s office 10 business days
                  prior to semen shipments:
                         i. Full payment of the stallion’s breeding fee.
                        ii. Full payment of the semen shipping fee.
                       iii. Copy of the mare’s registration papers (front and back).
                       iv. A signed copy of the Stallion Service Contract.
                        v. Any required shipping permits for shipments outside the USA.
               c. All details regarding collection and transportation must be arranged by the Mare
                  Owner or veterinarian and Mullins Farm L.L.C. or its assigned Agent at least 3
                  business days prior to the actual shipping.
               d. The fee for initial shipment is $125.00 within the USA. Additional shipments are
                  $150.00. The fee does not include collection and semen preparation,
                  administration, & documentation (veterinary expenses). The fee includes
                  container use and overnight delivery.
               e. You, the Mare Owner, should call Mullins Farm L.L.C. and your vet on the first
                  day of your mare’s heat. Your vet will come and examine the mare and decide
                  what day would be best to breed her. Palpations are critical to select the exact
                  breeding time and maximize the chance of pregnancy.
               f. Contact Mullins Farm L.L.C. and tell us the date your vet has chosen.
               g. Stallions at Mullins Farm L.L.C. will be collected no more than once per day,
                  regardless of whether the collection shall be for the servicing of mares on the
                  farm or for semen shipping. All semen shipments are on a first-come basis, first-
                  served basis, so make your request as early as possible to ensure your shipment




Mullins Farm L.L.C. – Stallion Service Contract   Page 4 of 5
                  will be on time. In all events, Mullins Farm L.L.C. or its Agent shall decide the
                  exact dates the collection may be used for semen transport.
               h. Mullins Farm L.L.C. or its assigned Agent may limit the services of any stallion at
                  any time. Stallions are normally collected on Mondays, Wednesdays, and
                  Fridays throughout the breeding season, with the exception of show season, call
                  for availability. Business hours are 8:00 AM – 5:00 PM, Monday - Friday and
                  8:00 AM – Noon on Saturday. Transactions before or after normal business
                  hours are by scheduled appointments only.
               i. Shipped semen is available on a limited basis. Request for shipments must be
                  communicated to Mullins Farm L.L.C., 24 hours before the actual shipment on a
                  scheduled collection day. All shipments are packaged in “Equitainer” cases
                  furnished by Mullins Farm L.L.C. The Mare Owner agrees to return the container
                  to Mullins Farm L.L.C. in clean and undamaged condition within three business
                  days of the receipt of such by US mail or UPS. If the container is not received by
                  Mullins Farm L.L.C. within seven business days, the mare owner agrees to pay a
                  $100.00 penalty plus the cost to replace the “Equitainer”. Mullins Farm L.L.C.,
                  assumes no responsibility for the loss of semen viability or associated expenses
                  due to any delay, error, or omission in shipments, airline flights, courier services,
                  or related services. Shipping fees must be paid to Mullins Farm L.L.C. prior to
                  the shipping of semen.
               j. Mullins Farm L.L.C. only assumes to ship semen in a viable condition at the time
                  of the delivery to the Mare Owner. Mullins Farm L.L.C. does not assume any
                  responsibility or associated expenses do to the delay in airline schedules, or
                  delay in courier services beyond its control. A licensed veterinarian or an
                  authorized technician must administer the semen on the day of delivery or all live
                  foal guarantees and return privileges shall be null and void.
               k. If for any reason, there is insufficient semen to fill all orders on a given day, the
                  farm veterinarian or Agent will determine which orders will be honored. For live
                  cover mares this decision will be based on palpitation results; for mares off the
                  farm, this decision will be based on the information provided by the Mare
                  Owner’s veterinarian.
               l. All shipments are done via Federal Express or UPS. Shipping cost may vary if
                  weekend and/or holiday delivery necessitates alternate couriers or trans-
                  continental flights.

                                                  Release of Liability

The mare owner fully understands, authorizes, and assumes the special risks inherent in
breeding and transporting horses and semen and acknowledges that mortality and other
insurance is solely the mare owner’s responsibility. Mullins Farm L.L.C. or its assigned Agent will
not be held responsible for any mare’s illness or any mare not conceiving or aborting during the
pregnancy.

All implied warranties; including fitness, marketability, or otherwise, and all special, incidental, and
consequential damages are hereby excluded to the full extent permitted by law. In no event, shall
the mare owner’s remedy exceed the amount of the fee paid for the service complained of.

No other agreements, verbal or otherwise, are included unless specifically stated in writing.

This contract shall be interpreted and construed under the laws of the State of Virginia.




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