This contract
entered into on the date of acceptance, by and between the designated mare owner
and stallion breeder who mutually agree to abide by the following terms and
conditions:
1. Owner agrees to
breed the listed mare to the servicing stallion for the specified service fee
which includes a non-refundable booking deposit.
2. During the term of
this contract, and during any return, breeder will provide all services in
accordance with accepted standards, including, but not limited to hiring a
veterinarian for owner's mare at owner's expense.
3. The breeding season
for the stallion shall begin Feb. 1st and close June 1st.
4. Invoices are
due and payable by the 15th of the month to avoid 18% per annum late fee.
Owners account must be paid in full prior to taking possession of the mare or
prior to any shipment of cooled semen.
5. Breeder offers a live
foal color guarantee. If the mare does not settle, produces
a foal that is ineligible for regular registry, stillborn, or unable to stand
and nurse. Guarantee is limited to the stallion service fee only. Breeder is
held harmless from all liability, and owner is entitled to a free return
service the following year only if all services have been performed by a
licensed veterinarian and under these conditions:
a) Mare must be
halter broke, free from infectious or contagious disease, wormed regularly,
vaccinated annually for EWI, strangles and rhinopneumonitis, and certified in
good physical and sound breeding condition prior to her delivery to the breeding
farm and thereafter, during her pregnancy. A Negative Coggins and copy of her
Registration Certificate is required. All mares arriving at Fossil Gate Farms
shall receive a strangles vaccination regardless of previous vaccination
history.
b) Breeder must be informed of any foal death within 7 days,
and of miscarriage within 30 days by certified letter, return receipt
requested.
c) Mare must not have had her labor artificially induced, nor
may she have been returned to an active performance career. Breeder has been
allowed to breed through 3 heat cycles.
d) There will be no guarantee of
a live foal for any mare leaving Fossil Gate Farms before the mare is deemed
safe in foal as per 24 day sonogram evaluation by the attending
Veterinarian.
6. The current mare owner will be liable for an additional
service fee if a free return service has been issued as the resultant foal was
registered as a breeding stock, and if it is later advanced to the regular
registry.
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7. Should the stallion die or
become otherwise unfit for breeding purposes prior to the mare being declared in
foal, then all stallion service fees shall be refunded to the mare owner. In the
event the stallion is sold or otherwise is not owned by Gary and / or Linda T.
Gordon then the LCFG shall immediately become null and void upon transfer of
such ownership.
Additional conditions for mares Bred with Transported
Cooled Semen
8. The Stallion Service Fee and all additional fees
must be paid in full prior to shipment by certified cashiers
check or credit card.
9. Owners shall receive up to three (3) shipments of cooled
semen for the listed stallion service fee. In the event the mare
does not conceive on the third shipment, mare must be serviced at Fossil Gate
Farms. Breeder's responsibility is to ship semen in viable condition to the mare
owner. Mare must be inseminated on the date of delivery by a licensed
veterinarian. The semen may be used for the designated mare only.
10.
Stallion has been blood-typed. The semen has been analyzed and tested and is
free from infectious and contagious disease. Sperm count, motility, collection
and packaging procedures, meet &/or exceed industry standards.
11.
All shipping & delivery fees are at owner's expense. Requests for semen
must be received 24 hours prior to shipping on a regularly scheduled breeding
day. Any semen orders that are called in the same day as collection and shipping
will be assessed an additional charge. All requests for semen shipments
shall be filled as received, subject to availability. If there is insufficient
semen to fill all orders on a given day, the farm veterinarian will determine
which orders are to be honored. This decision will be based on information
provided by the purchaser's veterinarian. If the mare does not conceive or
produce a live foal eligible for regular registry & shipments are required
the following year, a $300 laboratory & processing fee will be assessed plus shipping charges.
12. Shipped semen service charge will be as follows: (1) US & lower 48 states - $250.- Federal express priority overnight per shipment. $300.- Counter to counter per shipment (2) All Canandian shipments will be an additional $25. A shipping container can be proviced on request, as soon as it becomes available for a $50 rental fee and a $250 container deposit which will be refunded upon completion of
the contract.
The
container must be shipped back to the breeder by overnight carrier at, owners
expense, within 48 hours of shipping date, unless the breeder is notified of a
lost or stolen shipment or the contract will be voided. A late fee may be added
for all late returns on equitainers.
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13. A breeeders certificate will be issued to mare owner after all expenses have been paid in full and upon notification of birth of foal.
14. Responsibility for insurance
and risk of loss passes to the mare owner with this contract. Owner assumes
the unavoidable risks inherent in all horse related activities, including, but
not limited to the semen, shipping container, owner's horse(s), owner and family
members. Owner agrees to look solely for his insurance for compensation for
any such loss, and further agrees to indemnify and hold harmless, the
stallion breeder, his family, and employees.
15. In the event it becomes
necessary to refer debts arising from this contract to an attorney for
collection, or if suit is instituted hereon, mare owner agrees to pay all
reasonable court costs and attorney's fees incurred in the suit or collections.
Payment past due thirty (30) days will be considered a default and
breeder is entitled to a possessory lien against owner's horse(s).
16.
Owner further agrees that this contract is made and entered into in the County
of Denton, in the State of Texas, and that it shall be interpreted, enforced and
transacted under the laws of said state, and within the designated county,
regardless of the manner of breeding solicitation.
17. Owner's
signature on this contract certifies that he/she has read and fully understand
all of the terms and conditions outlined herein, and accepts this contract
as a legal and binding instrument on behalf of owner, owner's heirs, successors
and assigns. This agreement constitutes the entire agreement between the
parties. No other agreements, whether verbal or implied, are included. This
contract may not be
transferred or
assigned.
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