Breeding Contract

 

    2012 BREEDING CONTRACT

This contract is made and entered into this __         __ day of,                   2012, by and among the undersigned, Agent (“Agent”) for Beth Ann Conrad, d/b/a Diamond Six Farm, ("Stallion Owner")

And, Mare Owner or Lessee (“Mare Owner”). This contract sets forth all rights and responsibilities of the parties for the 2012 breeding season.

1. Breeding Privilege. Mare Owner agrees to breed the mare registered as, __                               __                   

Registration #__              __, Breed, __         __ (“Mare”), to the Stallion, AREDHOTNBLAZINGCHEER, AQHA #4708951, (“Stallion”), during the 2012 breeding season (commencing February 1,2012 and ending on July 1, 2012).

2. Booking, Chute, and Stallion Service Fees. Upon signing, Mare Owner agrees to pay a non-refundable booking fee of USD $250.00 to reserve a breeding to Stallion for the year 2012. The booking fee shall be applied to the Stallion Service Fee of USD.$1,000.00, with discounts applying as outlined below. Mare Owner agrees to pay the entire Stallion Service Fee, including the Shipped Semen of $250.00 and booking fee, prior to any shipment of semen or prior to delivery of the mare to the farm. For a total fee of $1250.00. This includes the first shipment of semen.

3. Mare Condition, Registration, and Ownership. Mare Owner warrants that the mare is healthy, in sound breeding condition and is registered with a recognized breed association noted above. A current copy of the mare’s registration papers must be attached to this Agreement. Mare Owner further warrants registration papers are accurate. A negative uterine culture or equine cytology with sensitivity test may be required for Maiden and/or barren mares.

4. Waiver of Liability. Both parties agree to diligently try to settle Mare. If Mare does not settle, Mare Owner will hold Stallion Owner and Farm harmless from any loss or damage. Neither Stallion Owner nor Farm are liable for any injury, sickness, disease, or death of Mare or her offspring arising from the exercise of the breeding privileges granted herein. Neither is Mare Owner liable for any injury, sickness, disease or death of Stallion arising from the exercise of the breeding privileges granted herein. Requisite insurance is the responsibility of the respective parties.

5. Live Foal Guarantee. Stallion Owner guarantees that a single Live Foal will result from the breeding privilege granted herein.

The term “Live Foal” means that one foal resulting from the breeding stands alone, nurses and lives for twenty-four (24) hours.

If a Live Foal does not result from the breeding, Mare Owner will be entitled to rebreed Mare to Stallion in the 2012 breeding

season. The Live Foal guarantee is void unless the following conditions are met:

a. Mare Owner notifies Stallion Owner within forty-eight (48) hours of foaling that the mare did not produce a live foal; and

b. Within fourteen (14) days after Mare Owner’s notice to Stallion Owner, the Mare Owner certifies to Stallion Owner that the

birth was attended; and

c. Produces a statement from a licensed veterinarian stating details explaining the failure of the mare to produce a live foal.

Unless approved by Stallion Owner in writing, The Live Foal guarantee shall be void and Stallion Owner will be released from

liability if Mare is sold by Mare Owner prior to foaling. Contractual privity can only be extended by Stallion Owner in writing.

6. Live Color Foal Guarantee. If The Mare is fully registered by a color breed registry (APHA or ApHC—AND NOT ALSO AQHA) and the resulting Live Foal is unable to be registered in the full registry due to inability to meet color requirements, Mare Owner may rebreed in the 2012 breeding season to the Stallion for one half the advertised Stallion Service fee in the year in which the mare was bred to produce the non-registerable foal. All other applicable breeding fees in effect at the time shall also apply.

7. Certificate and Substitutions. Stallion Owner may issue a breeding certificate at the request of Mare Owner at any time after the Mare’s forty-five (45) day pregnancy check by a licensed veterinarian and found to be safe in foal. 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

will terminate this Agreement and release Stallion Owner from its obligations. A breeding certificate shall be issued only for mare appearing on this Agreement.

8. Multiple Foals. Should more than one embryo result from a breeding, Mare Owner must pay an additional Stallion Service fee within sixty (60) days of breeding in order to receive a breeding certificate for additional foals. Exception: if Mare delivers twins, an additional breeding certificate will be issued after both foals stand and nurse (as certified by a licensed veterinarian).

9. WARRANTY. NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, SHALL ACCOMPANY A BREEDING TRANSFERRED BY THIS AGREEMENT. NO GUARANTEE OF DELIVERY OF SHIPPED SEMEN WITHIN A CERTAIN TIME PERIOD OR GUARANTEE THAT SHIPPED SEMEN WILL SAFELY REACH THE INSEMINATION POINT OR WILL BE THAWED WITHOUT LOSING SOME OF ITS INTEGRITY, QUALITY OR CHARACTERISTICS WILL BE GIVEN.

10. Entire Agreement. This Agreement constitutes the entire agreement between the parties.

11. Amendment. This Agreement cannot be amended except in writing and signed by both parties.

12. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Ohio and will inure to the benefit of the heirs, personal representatives, successors and permitted assigns of the parties. Mare Owner irrevocably and unconditionally submits to the personal and subject matter jurisdiction of Ohio. All objections as to venue are waived. The prevailing party shall be entitled to all legal fees, costs and expenses should a dispute arise between the parties.

13. Proper Parties. The parties signing below represent that they are fully authorized to execute this Agreement.

14. Death of Stallion. If Stallion dies, is sold or becomes incapable of servicing mares for any reason and Mare has not been bred, this Agreement will become null and void and all fees (less the booking fee) will be refunded and the parties to this Agreement will be released from any further liability.

15. Death of Mare. If Mare dies or becomes unfit to breed prior to breeding, Mare Owner shall be required to breed a substitute Mare to the Stallion. A transfer of the breeding may be permitted with the written approval of Stallion Owner. No refunds shall be given. No other fees or charges are refundable except as described in this paragraph.

16. Miscellaneous Provisions.

a. The Mare will not be bred to the Stallion without a fully signed copy of this Agreement as well as the appropriate addenda received and approved by Stallion Owner or its Agent;

b. Mares that fail to settle within said breeding season shall be carried over to the following year. At Stallion Owner’s option and for an additional fee, Mare can be bred via frozen semen outside of this season. If Mare is to be carried over, Mare Owner agrees to pay for all expenses in full by July 31, 2012. All subsequent season charges shall apply. No free shipments in the rebreed year shall be extended.

 

Fees and Discounts For This Contract:

-$1000 Breeding Fee, $250 Shipped Semen = $1250  -  2012 Stallion Service Fee

-250 Early Payment – If payment in full is received by midnight 1/15/11.

-50 Past Breeder Discount ($100 if paid in full by 1/15/11.)

-$500 Breeding Fee, $ 250.00 Shipped Semen = $750 2012 Stallion Service Fee for Superior Mares or Superior   Producing Mares

-Multiple Mare Discount – $100 Second Mare; $200 Third and Subsequent Mares

 

Mare/Mare Owner/Lessee/Agent Contact Information:

Mare Name:

Association ID#__         of mare: ¨ AQHA ¨ APHA ¨ ApHC ¨ Other ___      __

2nd Assoc. ID# __         of mare: ¨ AQHA ¨ APHA ¨ ApHC ¨ Other _____    __

Mare Owner or Lessee:      

Association ID#__         of above: ¨ AQHA ¨ APHA ¨ ApHC ¨ Other _______

Embryo Transfer: ¨ YES ¨ NO

Mare Status: Mare IS ¨ Maiden or open for 2012 season OR ¨ Expecting/has a 2006 foal

Billing Farm Name:    

Billing Address:

City, State/Province, Zip:

Daytime Phone:

Evening Phone:

Fax Number:

Cell Phone:

e-mail address:

SS #/Fed Tax ID #:

Agent Name (if applicable):

Agent Farm Name:

Agent Address:

Agent City, State, Zip:

Agent Phone:

Agent Cell Phone:

Agent Fax Number:

Agent e-mail:

NOTE: A Copy of Both Sides of Registration Papers MUST accompany this Agreement.

 

APPROVED THIS DAY OF __         __, __                    __  2012.

Stallion Owner or Agent Date Mare Owner/Recorded Lessee/Agent Date

 

 

Standing At

Brian Raimonde

Raimonde Farms Ltd.

2017 S. Elyria Rd.

Wooster, Ohio 44691

330-264-3098

330-264-2698(Fax)

 

Proudly Owned By

 

 

Fax: 419.774.0845

bconrad@richlandhealth.org

juicec06@wmconnect.com

 

Engagements

AQHA Incentive Fund

Tom Powers Triple Challenge Trust

NSBA Stallion Incentive & Breeders Cup

Northern, Southern Ohio Quarter Horse Futurities

Southern Belle

Just For Pleasure

Ontario Breeders Futurity