Mare Owner and Stallion Owner hereby agree as follows:
1. Purchase of Breeding
Stallion Owner hereby sells and Mare Owner purchases a 2009 breeding season
to the following Stallion: Name: SKIPS MONTANA GOLD Breed: AQHA
Breed Reg. No.: 3862447 1999 palomino stallion. Palomino Registration: PHBA
PHBA Reg. No.: 76504 which entitles Mare Owner to breed Mare (defined in
paragraph 7) to said Stallion during the 2009 breeding season (covering the period
of Feb. 1 through Sept. 1), subject to the terms and conditions of this agreement.
2.Stallion Service Purchase Price
Mare Owner agrees to pay to Stallion Owner the fee of $600.00 in U.S. funds
including a non-refundable booking fee of $50.00 to be paid with the execution
of this agreement. The balance is due upon Mares arrival at breeding facility.
3. Mare Care
Mare Owner agrees to pay for care and feeding of Mare while in Stallion Owner's
custody at $10.00 per day for mare, and $15.00 per day for mare with foal. These
fees do not include veterinary, farrier, or other services required by mare. Mare
Owner agrees to pay charges for these services as they become due. Stallion
Owner will not release Mare and/or foal until all charges and expenses have
been paid in full.
4. Live Foal Guarantee
If the Mare Owner's mare is barren, aborts, or fails to produce a single live foal that
can stand up unassisted and nurse, Stallion Owner will allow Mare Owner a return
breeding privilege of the Mare to Stallion (or a substitute mare if acceptable to
Stallion Owner) in the next breeding season only, provided that Mare Owner furnishes
a satisfactory certificate issued by a licensed veterinarian attesting to either
occurence within thirty (30) days of the date of occurence.
5. Extinguishment of Live Foal Guarantee
The Live Foal Guarantee above will become null and void if Mare Owner does any
of the following:
A. Fails to pay fees due under this contract.
B. Takes Mare home before Stallion Owner has a reasonable and sufficient
opportunity to settle mare (having the mare bred through at least two heat periods or
being certified in foal by Stallion Owners veterinarian) and/or
C. Breeds the Mare to another stallion in the 2009 breeding season without the
written permission of the Stallion Owner.
6.Stallion Owner's Warranties and Disclaimers
Stallion Owner makes the following warranties and disclaimers, and the Mare Owner
accepts each one:
A. Stallion Owner is the sole owner of the stallion referenced in paragraph 1, and has
full authority and power to transfer title to a breeding season to Mare Owner. The season granted under this contract is free from all liens and encumbrances.
B. Stallion Owner, its agents, employees, representatives, and/or assigns shall not be
responsible for any disease, injury, death, or accident to the Mare (and foal, if any).
C. Stallion Owner makes no warranties, express or implied, with respect to the health,
condition and fertility of the Stallion, and specifically does not warrant the merchantability or fitness for any purpose of the breeding season purchased under
this agreement.
7. Mare Owner's Warranties and Disclaimers
Mare Owner warrants to Stallion Owner as follows:
A. Mare Owner is the owner (or leasee of record) of the mare named:
_______________________________________________,Breed:___________________
Registration No.:__________________(and will be____maiden,___barren,___with foal),
which Mare Owner will present for breeding to Stallion during the 2009 breeding
season under this agreement.
B. Mare is free from transmittable illnesses or diseases and a Health Certificate issued
by a licensed veterinarian within the past ninety(90) days applicable to Mare is
included with this agreement. Health Certificate must show that all immunizations for
tetanus, sleeping sickness, rhino, influenza, and rabies are current. Mare must be dewormed one(1) to four(4) weeks prior to arriving.
C. Mare must arrive with a Vet certified clean uterine culture. If this is not presented,
Stallion Owner will have attending veterinarian provide this at the expense of Mare
Owner before Mare will be bred.
D. A copy of the Mares current negative coggins must be included with this agreement
or be presented at time of Mares arrival.
E. The Mare is halter broke and reasonably safe for handling.
F. Mare Owner will remove rear shoes from Mare or allow Stallion Owner to do so.
G. Mare Owner will be solely responsible for seeking registration of the resulting foal
in the appropriate registry/registries and will pay all associated fees for such.
H. Mare Owner will pay Stallion Owner's costs and expenses (including reasonable
attorney's fees) if Mare Owner has breached any material term of this agreement.
8. Veterinarian Treatment
Mare Owner will allow a veterinarian selected by Stallion Owner to check Mare for
normal breeding conditions and to perform reasonable services Stallion Owner deems necessary (such as pregnancy testing, palpation, suturing, etc.). Mare Owner
agrees to pay all fees for such services.
9. Substitute Mare/Stallion Owner's Refund Policy
In the event of the death or incapacity of the Mare, Mare Owner will be allowed to
substitute another mare subject to the Stallion Owner's approval. In the event of the
Stallion's death or unfitness for breeding, breeding fee will be refunded or another
stallion owned by Whitmore Stables may be substituted upon Mare Owners approval.
10. Stallion Service Certificate
Stallion Owner reserves the right to withhold issuance of Breeding Certificate
applicable to the breeding in this contract until Mare Owner is current on all payment
obligations to Stallion Owner.
11. Release/Hold Harmless
A. Mare Owner agrees to hold harmless and release Stallion Owner from liability for
ordinary negligence relating to any and all injuries, damages, or personal property
losses that Mare Owner may sustain arising out of being on the premises of Whitmore Stables (unless Stallion Owner causes the injury, damage, or loss intentionally
or in reckless disregard for the safety of the Mare Owner). B. Mare Owner agrees to hold harmless Stallion Owner from liability for ordinary
negligence relating to any and all injuries, damages, personal property damages, or
losses that Mare Owner may sustain arising out of the breeding, handling, or keeping
of the Mare at the premises of Whitmore Stables that may accrue from any cause whatsoever (including fire, theft, running away, accidents, illnesses, injuries, or death)
during the term of this agreement and/or while the Mare (and foal, if any) is/are in the
Stallion Owner's custody and control.
C. Mare Owner agrees to hold Stallion Owner harmless if Mare does not settle.
12. Indemnification
Mare Owner shall be solely responsible for all acts and behavior of Mare at all times
while this Agreement is in effect. Stallion Owner is not liable for acts and behavior of
Mare unless they directly cause the injury due to gross negligence or willful
misconduct on their part in breeding, handling, and/or keeping of the Mare.
13. Assignment
This Agreement is not assignable by Mare Owner without the written permission
of the Stallion Owner.
14. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to its
subject matter. All prior promises or understandings (either oral or written) between
Mare Owner and Stallion Owner shall be void unless contained in this Agreement.
Modifications to this Agreement will only be valid if in writing and signed by both Mare
Owner and Stallion Owner.
15. This Breeding Contract must be signed and mailed to Whitmore Stables along with
the following:
$50.00 booking fee
copy of Mare's registration
copy of Mare's current negative coggins
copy of health certificate, immunization records, clean uterine culture to be included
or brought with Mare
MARE OWNER:
PRINT NAME:______________________________________________________
SIGNATURE:_______________________________________________________
ADDRESS:_________________________________________________________
_________________________________________________________
DAYTIME PHONE:___________________________________________________
EVENING PHONE:___________________________________________________
EMAIL ADDRESS:___________________________________________________
STALLION OWNER:
SIGNATURE:_______________________________________________________
