BREEDING CONTRACT

This Agreement is entered into this _____ day of _____________, _________, between Melissa Bieber ("Stud Farm"), residing at ________________________________________________________________; telephone number;  email:

bieberlaw@sherbtel.net, and _________________________________________________________ ("Mare Owner")

residing at _____________________________________________________________________________________;

telephone number(s):________________________________________; email(s): _____________________________;

for the breeding of the horses described below on the following terms and conditions:

Stud:

Name:  Canadian Guy

Age/DOB:  2004

Color:  palomino

Sex:  Stallion

Breed:  AQHA

Tattoo or Registration #: AQHA 4546637

Mare:

Name:______________________________________________

Age:_______________________________________________

Color:______________________________________________

Breed:_______________________________________________

Tattoo or Registration #: ________________________________ 

Last Breeding Date:________Last Foaling Date:____________

Last Date Wormed:__________ Last Coggins Test Date:________

Date and type of Vaccinations: ____________________________

The above-named stallion will stand at stud during the 201_____ season at Stud Farm, and the parties hereto desire to contract for the services of the Mare Owner one season’s booking for said year to the above-named stallion.

A.  CONSIDERATION/PAYMENT TERMS

The total amount of the breeding fee will be $1,000.00 plus an additional amount for mare care/board to be paid as follows:

Upon payment of $500.00, booking fee, which is not refundable, Stud Farm does hereby reserve for the Mare-Owner one season’s booking for said year to the above named stallion.

Board at the rate of $7.00 per day for the keeping and ordinary care (hay/grass {grain if supplied by you}) of the dry mare without a foal will be paid by the Mare Owner; or

Board at the rate of $10.00 per day for the keeping and ordinary care of the wet mare with a foal will be paid by the Mare Owner.

The balance of the Breeding Fee, ($__________) plus all unpaid board and expenses, will be paid when the mare is picked up.  If using shipped semen the balance of the breeding fee, collection and shipping fees, plus $_________ per trip mileage/hauling fee will be paid prior to the first collection of semen to Stud Farm.

If using shipped Semen, Mare Owner is responsible for ALL associated costs including, but not limited to, office call, collection, testing, processing, chute fee, container, rental, shipping fees, and mileage/hauling fee of Stud Farm or Agent to Vet Collection Center.  Said costs currently range in the amount of $500.00 per collection/shipment.  Said Mare owner must give Stud Farm reasonable notice prior to collection (preferably 48 hours or more).  Mare owner will contact Stud Farm when said mare starts coming into heat.  Semen Collection will not take place on dates that Stallion is scheduled to show or on dates that Stud Farm or Stud Farm’s Vet Collection Center is unavailable.  If viable and available, Frozen Semen may be used at Mare Owner’s request and cost.  Mare owner understands that frozen semen of said stallion is unproven and may not be as effective as cooled semen.  There will be a maximum of (3) shipments of cooled semen per mare per breeding season.  The mare must be inseminated by a veterinarian or other AI trained professional within 24 hours of receiving semen.  Only the mare designated on this contract will be inseminated with the shipped semen.  Any attempt to breed more than one mare with a shipment will void this contract.  Only one breeders Certificate will be issued per paid stud fee. 

All amounts due must be paid in full prior to the removal of said mare from Stud Farm, or prior to said collection if using shipped semen.  If using shipped semen, Mare Owner may pay Collection Center directly.  All overdue amounts will accrue interest at the rate of 18%, or the maximum amount allowed by law.

If mare owner buys said stallion service/breeding through a Futurity Auction, the resulting foal must be shown in the Futurity Show.  If the foal is not shown in the Futurity Show, or an acceptable breed show alternative, mare owner will pay an additional $350.00 fee to Stud Farm, for failure to show the foal, to be paid within 10 days after said show date.

B.  MARE HEALTH/VETERINARIAN SERVICES

Mare Owner warrants that said mare is free from disease or infection that could be transmitted to said stallion, and agrees to provide and pay for a veterinarian certificate, showing such freedom of disease or infection.  Upon arrival, all mares shall be accompanied by a current negative Coggins Test, clean culture,  health certificate indicating current vaccination for equine influenza (West Nile, strangles, tetanus, and sleeping sickness are also recommended).  Mares not accompanied by such certificate may be vaccinated, at Stud Farm’s option, after their arrival at expense of Mare Owner.

Stud Farm reserves the right to reject any mare not in good condition or one that is vicious or unmanageable or not standard and registered, or that has any other undesirable traits.  If the mare is rejected by Stud Farm, or should die or otherwise become unfit to be bred, then an acceptable substitute may be used.  If Stud Farm accepts an unregistered mare for breeding, Mare Owner will register the resulting foal, within 60 days of said foal’s birth, in the Pinto Association of America or other registry approved by Stud Farm.  Other Mare Owners agree to register resulting foal with APHA or PtHA or other appropriate registry.

Stud Farm agrees to give reasonable care for said mare while in its possession or control.  The Mare Owner agrees to allow Stud Farm to have a qualified veterinarian perform such veterinary services that Stud Farm may deem necessary for the proper treatment and protection of the mare and/or foal at side.  This is to be at the Mare Owner’s expense and will be billed and paid prior to the mare being picked up.  Stud Farm agrees to attempt to contact Mare Owner before any veterinarian services are provided.

All mares must be barefoot.  Stud Farm is authorized to have a farrier remove shoes and trim mare, at Mare Owner’s expense, if not properly prepared before arrival.

In the event the Stallion should die, or in any way become unfit for service prior to servicing the mare, Stud Farm may substitute another stallion.  If a substitute is not available this contract is and shall become null and void.

C.  LIABILITY/RISK OF LOSS

During the time that the mare (& any foal at side) is in the custody of Stud Farm, Stud Farm shall not be liable for any sickness, disease, theft, death, disability, or injury which may be suffered by the mare and/or foal at her side from any cause whatsoever or any other cause of action whatsoever arising out of or being connected in any way with breeding or boarding of the mare and/or foal.  This includes, but is not limited to, any personal injury or disability which the Mare Owner (or Mare Owner’s agents, or others accompanying Mare Owner) may receive while on the Stud Farm premises.  The Mare Owner fully understands that Stud Farm does not carry any outside insurance on horse(s) that are in their possession for breeding and boarding any public liability, accidental injury, theft or equine morality insurance policy and that all risks connected with breeding and boarding of the mare or mares are to be born by the Mare Owner.  Mare owner specifically asserts to such condition and waives each and every claim for damages resulting from any such injury, death or disability.  Mare owner agrees to indemnify and hold Stud Farm harmless for any loss or injury.  Mare owner has been advised to purchase insurance for said mare to cover said risks.

D.  GUARANTEES

Stud Farm guarantees a return breeding the following season provided the stallion is able to service mares either for said mare or an approved substitute should a live foal not result from this mating.  For the purposes of this Agreement, a live foal shall be one that stands and nurses without assistance.  Death of the fetus/foal is to be evidenced by a written statement from a qualified veterinarian within one (1) week from the death, accompanied by a veterinarian’s statement that the mare had at least two vaccinations during pregnancy for Equine Rhinopneumonitis (“Rhino”), (or that the death of said foal was not related to Rhino) and that the mare was in acceptable physical condition to carry a foal to term.  If the mare was not vaccinated and the fetus/foal’s death is related to Rhino, or if the mare was in poor physical condition, this guarantee becomes null and void.  In the event the stallion is not able to re-service said mare, Stud Farm may substitute another stallion.  In addition to the above:  If another stallion is not available, if the mare owner opts not to return the mare the following season or does not have an acceptable substitute mare, this guarantee becomes null and void. 

Mare owner must pay all board, veterinary charges, collection fees, chute fees, testing, shipping fees, mileage of Stud Farm, ect. if mare is rebred.   Booking, breeding, mare care, collection, shipping, and other fees are non-refundable under any circumstances.

E.  REGISTRATION AND OWNERSHIP TRANSFERS

Upon receiving full and final payment, (any and all checks need to clear all banks), and after the time of all veterinarian checks/exams and trial use periods expire, Stud Farm agrees to execute and mail/deliver a Breeding Report/Certificate to Mare Owner.  Any and all expenses of registration of said resulting foal shall be at Mare Owner’s sole expense, including but not limited to fees, photos, DNA kits, Parentage Verification, etc.  

F  BREEDING SEASON & LOCATION

The opening and closing dates of the Stud Farm breeding season are determined solely by the Stud Farm. Stallion and breeding location are determined solely by the Stud Farm, which may include breeding location other than the Stud Farm and/or outside the State of Minnesota.

G.  RISK OF LOSS

Mare Owner shall be responsible for the horse’s reasonable care, including but not limited to, feed, boarding fees, exercise, veterinarian, vaccinations, medications, treatments, and farrier/blacksmith, at buyers' expense.  Mare Owner shall assume all risks of loss and liability.   

H.  LAW

The terms of this agreement and disputes developing thereunder shall be enforced and construed in accordance with the laws of the State of Minnesota.  Sherburne County Courts shall have venue of this agreement and disputes at Sellers discretion.

I.  RIGHT OF LIEN:

The Mare Owner is put on notice that Stud Farm has the right of lien, as set forth in the law of the State of Minnesota for the amount due for the breeding, board and keep of such horse(s), on said horses and resulting offspring, and shall have the right without process of law, to retain said horse(s) (or sell said horses) until the amount of indebtedness is satisfactorily paid in full and discharged.  Mare Owner hereby grants to Stud Farm a security interest in and to the mare, and to any foal, in utero and after birth, and in the Stallion Service Certificate issuable by the Stallion Owner for registration of said foal, as well as a security interest in any other Stallion Service Certificate in the possession of the Stud Farm in which the Mare Owner may have an interest.  Stud Farm may also notify the breed associations of its security interests.  Upon request, Mare owner shall execute UCC financing statements.  Mare Owner hereby makes and constitutes Stud Farm as its agent and attorney-in-fact to execute and file UCC financing statements showing the lien herein created, and sales and consignment agreement, on behalf of Mare Owner, as debtor, and authorizes Stud Farm to execute and file such financing statements at any time without notice to Mare Owner and describe the collateral described therein.  If the Mare Owner Defaults in payment in full and said default continues until the birth of the foal, Mare Owner hereby consents to the issuance of the Stallion Service Certificate in the name of the Stud Farm or its principal and to registration of the foal with the breed association by the Stud Farm as his agent, in the name of the Stud Farm for its principal.  The agency created by this agreement is coupled with an interest and is irrevocable.  Stud Farm or its principal has the right to take possession of the foal and to sell the same in order to satisfy the amounts owed hereunder.  

J.  DEFAULT 

Upon material breach of this Agreement by one party, the other party may terminate same.  Returned check fees shall be $30.00 or the maximum amount allowed by law.  On any breach by the Mare Owner, the Stud Farm shall have the right to recover all reasonable Court Costs and attorney fees.

K.  ADDITIONAL TERMS:

This contract is not assignable or transferable from Mare Owner to any other party without prior express written approval of Stud Farm.  No substitution on any mare may be made without prior written approval of Stud Farm.  The provisions of this contract shall apply to any and all mares, foals, or horses which are boarded or bred by Stud Farm’s stallions by this owner now or in the future.

By signing this contract, mare owner certifies that he/she is the sole owner of above mentioned mare or has authority to enter into this contract on behalf of the owner.

A photocopy of mares papers, both front and back, must be furnished with this contract.

All parties have fully read and understand the terms of this agreement consisting of _______ pages.

Dated this _________ day of ___________________, __________.

___________________________________________________

Melissa A. Bieber

Stud FarmMare Owner