2011 Stallion Breeding Contract
For the Quarter Horse Stallion Chargem Whiskey
(AQHA Registration# 4722867)
Name of mare:
- Foal on side yes no
- Is mare halter broke? (Mares that are not halter broke will NOT be accepted!)
- Has the mare been checked by a veterinarian?
- Is the mare in good breeding condition?
- Is the mare free of growth or pathogens? (as per vet swab done within 2 weeks prior to mares arrival to breeder)
- Has the mare had any prior abortion, embryonic loss, uterine infections, retained placenta, prior foaling damage or Caslick's?
- Is the mare up to date on:
- Coggins test
- Farrier work
YOU MUST ATTACH A COPY OF THE MARES REGISTRATION CERTIFICATE
Is there anything we should know about this mare? If so please explain below:
Breeding fees are to be paid in full, in person prior to breeding the mare by cash or check payable to Danyel or Tina King prior to mare being bred. All other fees (such as mare care, veterinarian, farrier and all other fees) are to be paid in full prior to the mare leaving the breeding facility.
**If fees are not paid in full prior to October 30th of the breeding year (or within 4 weeks of the mares arrival-whichever is sooner) the breeder has the right to take the mare to a local auction to recuperate any costs incurred.
__________ (Mare Owners initial)
Breeding Fees: The 2010 breeding fee to Chargem Whiskey shall be (Canadian funds) Six Hundred Dollars ($600.00) for AQHA registered mares, and Three Hundred Dollars (300.00) for non-registered/grade mares.
Mare Care fees per day: $_______wet $_______dry $_______pasture
______________Mare Owners Initial
2. Registration of foal: Application for the registration of the resulting foal will only be released if:
- the breeding fee has been paid in full;
- all fees due the breeding facility and veterinarian have been paid in full; and
- all related fees have been paid in full.
3. Mare care: The breeder will exercise judgment in the care and supervision of the mare and/or her foal on side, but will not be responsible for accident, sickness or death to either or both. Likewise, the Mare Owner will not be responsible for any accident or injury to the stallion or other mares. Optional insurance for the mare and/or foal is strictly the responsibility of the mare owner.
4. Early removal of mare: It is agreed that should the mare be removed before the breeder has sufficient opportunity to settle her (having bred her through at least 2 heat periods or being certified in foal by their veterinarian), then all unpaid board expenses and breeding fees become due and payable when the mare is picked up and any guarantee of the breeder becomes void.
5. Stallion: Should the stallion die, be sold by the breeder, or become unfit for service prior to breeding the mare, this contract becomes null and void and the breeder will refund the breeding fee.
6. Failure to Conceive: If the mare dies, proves to be barren or does not conceive within the breeding season, the mare owner will be entitled to return privileges for the same mare or another mare approved by the breeder the following breeding season.
7. Waiver, amendment, modification: No provision of this agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment, or modification be in writing and signed by the party against whom the enforcement of such waiver, amendment or modification is sought. The failure of either party to enforce any of the provisions of the agreement shall not be construed as a waiver of such provision or the right of that party thereafter to enforce such provision.
8. Entire Agreement: This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to the agreement shall be in writing and signed by the party to be charged.
9. Successors and Assigns: This agreement shall not be binding upon the heirs, executors, administrators, successors, and assigns of the parties.
10. Effectiveness of Contract: This contract shall not be effective until approved and accepted by the Stallion owner, and shall be subject to Mare Owner's entry into appropriate arrangements with Danyel and/or Tina King.
11. Mare Owner's covenants and representations: Mare owner covenants that title to the mare is set forth at the beginning of this agreement and that it has legal authority to enter into this agreement. Mare owner further represents that it knows of no breeding or health problems of the mare, except as disclosed to the Stallion Owner and the breeding facility.
12. Limitation of Liability: Except in the event of their gross negligence or willful misconduct, Stallion Owner, Breeding Manager, and their agents, employees, and veterinarians, shall not be liable for any sickness, death, loss, or injury, which may be suffered by mare and/or foal on side, or by Mare Owner, arising out of the transactions contemplated by this Agreement.
13. In the event that Breeder incurs attorney's fees and/or legal costs in securing or protecting any right available to Breeder under this contract , or under the laws of the Province of Alberta, Mare Owner hereby agrees to to pay said attorney fees and legal costs.
MARE OWNER FULLY UNDERSTANDS THAT ALL RISKS CONNECTED WITH BREEDING OR PROVIDING ANY OTHER SERVICES TO MARE ARE TO BE BORNE SOLELY BY MARE OWNER.
IN NO EVENT SHALL STALLION OWNER, THE BREEDING MANAGER, THEIR AGENTS. EMPLOYEES AND VETERINARIANS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM ANY TRANSACTION COVERED BY THIS AGREEMENT.
This is just an example of our contract for mare owners review and consideration. We understand that every situation is different so if you have any questions or concerns please feel free to contact us at any time. Thank you.