This contract is made by and between Jennifer J. Sullivan (“FARM”) of 12005 Pine Bluff Road, Midland, NC 28107, and ______________________________(“PURCHASER”) of ____________________________ for breeding of the mare ____________(“MARE”) to the stallion ______________________________(“STALLION”) subject to the following terms and conditions:
1. THE MARE. The Mare to be bred is named _________, Color _________, Foaled 19___; by ______________ out of _________________, registration no. _____________. The Purchaser may substitute another mare only with the prior written consent of the Farm.
2. FEES. Purchase agrees to pay to the Farm the following fees:
a) A Booking Fee of $_____ to be paid to the Farm at the time this contract is signed.
b) A Breeding Fee of $_____ to be paid before the Mare is bred or semen is shipped.
c) AI ONLY: A Collection Fee of $_____ per collection to be paid prior to collection and shipment of semen.
3. RESERVATION FOR BREEDING. The Farm’s receipt of a signed and dated copy of this contract and the above Booking Fee confirms the Mare’s reservation to breed to the Stallion during the breeding season from March 1 to August 31, ______. Conditions for right of return in subsequent breeding seasons are outlined below.
4. REGISTRATION. Purchaser is responsible for determining and complying with requirements for foal registration. Farm agrees to fill out and submit required breeding certificates to the designated breed registry. Purchaser must provide Farm with a written list of registries reports are to be made to, plus a copy of the Mare’s applicable papers. This list must be provided prior to August 15th of the applicable breeding season. Breeding reports will not be submitted unless all fees and charges are paid in full.
5. CONDITION OF MARE. The Stallion’s services shall be provided only to mares in sound breeding condition. It is recommended that Purchaser have the mare examined by a veterinarian to determine her suitability for breeding prior to presenting her to the Stallion for that purpose. Up-to-date immunizations for equine rhinopneumonitis are recommended, and are required to preserve the Mare’s right to return of service. If Mare is to be bred by live cover, a recent veterinary health certificate and negative Coggins test is required before Mare is shipped to the Farm.
6. RETURN OF SERVICE. The Mare shall have the right of return to the Stallion’s service in the following breeding season and in the third breeding season only in the following circumstances:
a) If the Mare is not certified in foal during the breeding season, the Farm requires a veterinary certificate to that effect and may require a negative intrauterine culture and/or biopsy.
b) If the Mare is certified in foal and does not carry to term, the Farm requires a veterinary certificate to that effect and may require negative intrauterine culture, biopsy, and/or progesterone testing.
c) If the mare carries to term and the foal does not live a minimum of 30 days, a death certificate signed by a veterinarian must be provided to the Farm within five days of the foal’s death.
d) In all cases, the veterinary certificate shall affirm that the Mare had been immunized for equine rhinopneumonitis prior to breeding and, if applicable, during the 5th, 7th and 9th months of pregnancy, and that all other vaccinations were updated 30 days before the expected due date. Where appropriate, the certificate shall also confirm that the Mare was properly cared for during gestation and was attended at foaling. The Farm’s timely receipt of the required veterinary certification is a condition precedent to any right of return.
7. REFUND OF FEES. This contract shall be null and void and the Purchaser shall be entitled to a refund of the Booking and Breeding fees only if the stallion should die or become unfit for service prior to serving the Mare during the first breeding season reserved. If stallion should die or become unfit for service any time after first service of the mare, only the Breeding Fee shall be refunded.
8. TRANSFER OF CONTRACT. Purchaser may transfer this contract to another party only with the Farm’s advance written approval.
9. FOR FARM BOARDERS:
a) Purchaser agrees that all veterinary, farrier, and foaling fees are in addition to the Booking and Breeding Fees, and that all such fees, together with a mare care fee of $____ per day, will be paid promptly upon invoicing. No Mare shall be removed from the Farm’s property unless all fees and charges are paid in full.
b) Purchaser hereby gives Farm permission to act as agent in an emergency situation if the Purchaser cannot be reached in a timely manner, and agrees to pay any fees and charges for services determined to be necessary by the Farm.
c) Purchaser hereby releases the Farm from any responsibility or liability for any disease, injury, or accident to the Mare or accompanying foal resulting for any negligence.
10. ARTIFICIAL INSEMINATION:
a) Farm requires a minimum 48 hours notice of the time shipment is required. Semen will be shipped by FedEx for the earliest possible delivery.
b) Teasing, determining of estrus, and insemination of the Mare is the responsibility of the Purchaser.
c) Farm will ship semen only to: (name)________________________________
(address) _____________________________________________________
d) Collection fee for each shipment must be paid prior to shipping. Freight charges are to be paid by Purchaser, either charged to Purchaser’s credit card, FedEx account number, or COD.
e) Container, ballast bags and coolant cans must be shipped back immediately after use of semen by 2nd day UPS. Purchaser is responsible for replacement of damaged items.
11. GOVERNING LAW. This contract shall be governed by the laws of North Carolina and shall be binding upon the parties hereto and their personal representatives.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals:
FARM______________________________________Date________________________
PURCHASER ________________________________Date________________________