|
Chipified
Stallion Breeding Contract and Liability Release
This contract is entered into and is
between the undersigned Derek Howren known as "STALLION OWNER,
Progressive Pleasure Horses, (Derek Howren), known herein as
"STALLION MANAGER" and the undersigned MARE OWNER. This contract
sets forth the rights and responsibilities of the parties for the 2002
breeding season.
The stallion providing breeding
services under this contract is CHIPIFIED, AQHA No. 3661339.
The mare to be bred is
_____________________________Breed________________Reg. No.___________
-
MARE OWNER shall
pay the breeding fee in the amount of $__________(in U.S. funds). A
non-refundable booking fee of $____________ is payable upon execution
of this agreement. The balance of the breeding fee, $___________ is
payable before breeding of the mare takes place. All
unpaid board and expenses shall be paid when the mare is retrieved.
The mare will not be released to the owner or the owner’s agent
until all fees are paid to date. The STALLION OWNER and the STALLION
MANAGER shall have a possessor lien on the mare for all unpaid bills.
MARE OWNER shall deliver the mare
in a healthy and sound breeding condition free from infectious disease.
MARE OWNER agrees that STALLION OWNER and STALLION MANAGER have
permission to have the mare treated by a licensed veterinarian for
normal breeding examinations, pregnancy examination, or necessary
veterinary services performed for any condition which might insure the
mare’s well-being as the STALLION OWNER or STALLION MANAGER deems
necessary or proper at the expense of the MARE OWNER.
A current year negative Coggins
Test document shall be delivered to the STALLION MANAGER together with a Photocopy
of both sides of the registration papers for the mare, and a veterinarian’s
health certificate (issued within the past 60 days). If said documents do
not accompany the mare, the STALLION MANAGER shall notify the MARE OWNER
and may direct a licensed veterinarian to examine and/or test the mare at
the MARE OWNERS’S expense. STALLION OWNER or STALLION MANAGER reserves
the right to refuse the mare if the mare is not in satisfactory condition.
Mare must be halter broken, have rear shoes removed and be reasonably safe
for handling and breeding. If the mare is refused, the booking fee shall
constitute liquidated damages. A MARE OWNER may substitute another mare
within that breeding season under this circumstance.
MARE OWNER will be invoiced at the first of each
month for all interim expenses including, but not limited to veterinary
services, farrier services, special dietary services as well as board
expenses. Said invoices are to be paid by MARE OWNER upon receipt of
statement. Such charges shall be paid in full whether or not the mare is
settled. Payment is due 10(ten) days from date of invoice. A late
payment fee of 18% per annum will be charged on all unpaid sums after 10
(ten) days from the date payment is due.
STALLION OWNER and STALLION MANAGER shall
attempt with reasonable diligence to settle the mare; however, for any
reason the mare does not settle MARE OWNER will hold STALLION OWNER and
STALLION MANAGER harmless.
The breeding season begins February 1 and closes
July 15 of the year covered by this contract.
STALLION OWNER guarantees a live foal from the
breeding contracted for herein. "Live Foal" is defined as a
foal that stands and nurses. Should the mare prove not to be in foal,
aborts her foal, or if the foal is still born, MARE OWNER shall notify
the STALLION OWNER in writing within one week of the foaling date or the
date the mare is proved not to be in foal or loses her foal. A written
statement from a licensed veterinarian verifying that the mare has
slipped or produced a non-viable foal must be sent to the STALLION
OWNER, under these circumstances shall give the MARE OWNER a return
breeding for the mare to the stallion the following year only.
Initials________
Forfeiture of this foal guarantee
occurs if MARE OWNER
- Fails to pay fees due under this contract.
- Takes mare home before STALLION OWNER or
STALLION MANAGER has a reasonable opportunity to settle mare (having
mare bred through at least two heat periods} and./or
- Breeds Mare to another stallion during this
same breeding season.
- MARE OWNER agrees to hold harmless and release
STALLION OWNER, STALLION MANAGER (Derek Howren), Progressive Pleasure
Horses, and their respective agents, employees, representative,
assigns, affiliated persons, and/or others acting on their behalf from
liability for ordinary negligence relating to any and all injuries,
damage, personal property damages or losses that MARE OWNER may
sustain arising out of being on the premises of Progressive Pleasure
Horses (unless STALLION OWNER or Progressive Pleasure Horses caused
the injury, damage, or loss intentionally or in reckless disregard for
the safety of the MARE OWNER).
MARE OWNER agrees to hold harmless
and release STALLION OWNER, STALLION MANAGER (Derek Howren), Progressive
Pleasure Horses, and their respective agents, employees,
representatives, assigns, affiliated persons, and/or others acting on
their behalf from liability for ordinary negligence relating to 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 Progressive Pleasure Horses that may accrue from any cause
whatsoever (including fire, theft, running away, accidents, illness,
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.
MARE OWNER shall be solely
responsible for all acts of behavior of mare at all times while this
agreement is in effect. MARE OWNER agrees to indemnify and hold STALLION
OWNER harmless against all damages sustained by any third person (not a
party to this Agreement) caused by the acts of the mare (or foal, if
any).
- A breeder’s certificate will be issued to
MARE OWNER after all outstanding expenses have been paid and upon
notification of the birth of the foal to the STALLION OWNER, MARE
OWNER will be solely responsible for seeking registration of the
resulting foal in the appropriate breed registry and will pay all
associated fees.
- In the event of the death or incapacity of the
mare, MARE OWNER shall be allowed to breed a substitute mare to the
stallion, provided that the STALLION OWNER gives approval in writing
of the proposed substitute mare. No refunds shall be permitted. In the
event of the stallion’s death or unfitness for breeding, the
breeding fee will be refunded but the booking fee will, at all times,
be retained by the STALLION OWNER.
- This contract shall be governed by the Laws of
the State of Missouri and is hereby executed as of the date signed by
the STALLION OWNER or STALLION MANAGER which date shall govern the
effective dates of said contract. 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. Any disputes
arising out of this Agreement shall be brought in a court of competent
jurisdiction located in the state of Missouri in or near Troy,
Missouri. This Agreement is not assignable by MARE OWNER without the
written permission of the STALLION OWNER.
- MISSOURI LAW WARNING NOTICE: Under Missouri
law, an equine professional is not liable for an injury to, or the
death of a participant in equine activities resulting from the
inherent risks of the equine activities.
Board per day:
- Dry Mares _____________
- Wet Mares_____________
- Show Mares___________
Farrier and Veterinary expenses as
necessary are
MARE OWNERS’S responsibility. Initials_________
Mare’s Insurance Policy No. (if
applicable)_________________________________
Company and Phone
No._________________________________________________
________________________________________________________________________
Mare
Owner______________________________________________
Address:
________________________________________________
City/State/Zip____________________________________________
Day Phone:
_______________________________
Evening Phone:
____________________________
Fax:
______________________________________
Email:
____________________________________
Mare Owner/Agent
Signature______________________________________________________________________
Date: _________________
Stallion Owner/Manger’s
Signature_________________________________________________________________
Date: _________________
Stallion Owner/Manager
Derek Howren
31 Willow Creek Rd.
Winfield, MO 63389
636-566-6029
Chipified@yahoo.com
|
