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Breeding Agreement Contract # 07-100
This agreement is made this day of , 20 by and between Jean K. Oldham dba Valeria, with an address of 9137 Riverbluff Road, Millington, TN, 38053, and with an address of , referred to herein as “Mare owner.” Purpose: The mare owner wishes to reserve the stallion, Prado, for the purpose of breeding him to the mare owned by the mare owner with the hopes of producing a live foal. Term/Termination: This agreement shall continue to be in effect until the earlier of: (1) the completion of the second season of breeding or the second season from the date of this agreement (a period of one year from initial breeding date; (2) a live foal is produced; (3) the mare’s owner violates any of the provisions of this agreement, and the failure to correct such violation within ten (10) days after written notice is received; (4) the stallion’s death or illness or injury that leads to his inability to breed. Stallion: Jean Oldham, dba Valeria, owns the horse named Prado, a 1999 Rheinlander (approved and licensed) Westfalen stallion, registration number 430347299, herein referred to as “the stallion.” The stallion is and shall at all times be and remain, the sole and exclusive property of Jean Oldham, dba Valeria, and shall remain in the care and management of Valeria. The mare owner shall have no right, title or interest in the stallion except as expressly set forth in this agreement. Mare: The mare to be bred is more particularly described in the Mare Information section of this agreement. The following terms and conditions relative to the mare are required hereunder: (1) prior to the shipment of semen, the mare owner must provide Valeria (at 9137 Riverbluff Road, Millington, TN 38053) a veterinary certificate indicating the mare to be in sound breeding condition and free of infection. A culture is not require on maiden mares or mares to be bred on a foal heat; (2) the mare owner agrees to submit to Valeria confirmation in writing of the mare’s pregnancy at the following times: [i] 14-18 days post-ovulation, [ii] 35-45 days post-ovulation, and [iii] 55-60 days post-ovulation; (3) the mare owner assumes all responsibility for the care, control and condition of the mare and bears all risk of loss or damage to the mare whether by death, disease, injury, infection or otherwise; and (4) at any time during the first breeding season, if the mare does not conceive and is determined to be unfit to be bred, then the mare owner may submit a request to Valeria to substitute another mare. The approval of this action is determined by Valeria.
Mare Owner’s Information (Owner’s Name As It Appears On Mare’s Registration Papers)
Name:_______________________________________________________________________ Address:_____________________________________________________________________ City:________________________________State:_______________Zip:________________ Home Phone:_____________________Work:__________________Cell:________________ Fax Number:______________________E-mail:____________________________________ The stud fee must be paid and sent along with a signed contract, before any semen will be shipped, or prior to arrival of mare. Major Credit Cards Accepted.
Credit Information: Credit Card No: Exp. Date: 3-Digit Security Code: Amex MC Visa Discover Name(as appears on card): Billing Address for Card: You may also choose to have your shipping (and future semen collection, if necessary) charges billed directly to your credit card. We will provide the number to FedEx or UPS for the direct payment of your shipping costs, and to White Oak Farm for the collections fees.
Yes, I would like to use this credit card for my shipping charges: (Initial) Please bill my credit card for my shipping charges: (Initial) Please bill my credit card for my Booking Fee ($400): (Initial) Please bill my credit card for my Service Fee: (Initial) Please bill my credit card for fuel surcharges incurred: (Initial) Please bill my credit card for all services received by my mare at Valeria, White Oak Farm or by attending licensed veterinarian while boarded at these locations: (Initial) Please, initial only those areas which you would like applied to this agreement.
I understand there is a 5% administrative fee for any and all credit card charges: (Initial) Mare Information
Mare’s Registration Name: Mare’s Number: Breed: Mare’s Age: USEF Registration Number: Sire: Sire Reg. # Dam: Dam Reg. # Damsire: __Barren __Open __Maiden __Foaling: (due date) When do you want to breed your mare? I want my foal registered in: __ Westfalen Association __Other : (specify)
Please check appropriate selection: Semen Type: O Shipped semen ____Fresh ____Frozen O Pick up semen O Farm Breeding Medical: Coggins: State law requires that all equines transported in the state of Tennessee have a one-year negative coggins test. It is the mare owner’s responsibility to provide Valeria with a current coggins report, not any older than 12 months, if the mare is brought to White Oak Farm for insemination. If there has not been one provided by the mare’s owner, then one will be pulled at the owner’s expense. Vaccination: Valeria requires that all mares brought to either Valeria or White Oak Farm be current on vaccinations and de-worming, including, but not limited to, strangles and West Nile Virus. Mare owner will provide name of veterinarian to verify vaccination and worming records on request. Conception Problems: Mare owners should advise the farm of any mare that has previously aborted. After conception, any mares with such history should have the progesterone level checked, and associated expenses will be the responsibility of the mare owner. Fees: A total breeding fee in the amount of One Thousand Dollars ($1,000 USD) is due prior to breeding and is composed of a (a) Booking Fee and (b) Service Fee. * There is a Two Hundred Dollar ($200 USD) per mare discount available for Premium, SPS or Elite mares. The breeding fee is payable to Valeria and is sent to Valeria at 9137 Riverbluff Road, Millington, TN, 38053 U.S.A. (a) Booking Fee: Upon signing this agreement, a non-refundable booking fee of Four Hundred U.S. Dollars ($400) is due and should be sent to Valeria at the address listed above with the signed contract (by Cashier’s Check or credit card). See Credit section (b) Service Fee: Prior to the first shipment of semen, a service fee of Six Hundred U.S. Dollars ($600) is due, and should be sent to Valeria (by Cashier’s Check or credit card). For owners of Premium, Elite or SPS status mares, who are receiving a $200 discount, only $400 will be due as service fee; however, prior proof of such status will be required at the onset of this agreement. (c) Collection fees: The first collection is included in the original service fee. A charge for additional collection fees will stand at $150 per collection thereafter. (d) Fuel Surcharge: Due to increased fuel costs, it has become necessary to charge a $30 fee for additional trips to White Oak Farm, if the original collection did not impregnate the mare. The first pulling has no fuel charge. Live Foal Guarantee(LFG): Because we offer a LFG**, if the owner’s mare fails to produce a live foal in the first breeding season, this contract will remain valid through the second breeding season (in other words, for a period of one (1) year from the date of the initial breeding. There will be no additional breeding fee for re-breedings, but all related expenses incurred such as collection and shipping fees, boarding, vet bills, and etc. will apply and be the responsibility of the mare owner. After this one year period, a new agreement will be required to continue breeding. Up to 50% of said service fee may be refunded at the end of the first breeding season if the mare is found to be barren, or is determined to be unfit to breed before the end of the first breeding season, and the mare owner chooses not to continue breeding in a second season by substituting a mare (substitute mare must first be approved by Valeria). The request for refund must be in writing and be accompanied with a Mare Breeding Passport, signed by a licensed veterinarian, and certifying that the mare is not able to get pregnant and is not pregnant at the time of the passport signing. Return of the service fee for any reason, or any portion thereof, terminates this agreement and a new agreement will be required to continue breeding. Valeria will send approved refunds within thirty (30) days of receipt of the required request and appropriate documentation in accordance with the terms set forth in the Return Privilege Guarantee section of this agreement. *Mares that do not have a current negative intrauterine will be bred through one estrus cycle. If the mare fails to conceive, a uterine culture will be required by a licensed veterinarian and, if necessary, appropriate treatment will be administered before the mare will be rebred at the expense of the mare owner. If the mare fails to conceive after exposure through two breeding cycles, the mare owner will be responsible to contact Valeria in regard to future proceedings and actions. ** It is considered a live foal if it stands and nurses within 24 hours after foaling. Additional Costs: Other costs associated with this breeding include, but not limited to, collection and shipping fees, required lab fees, container deposits, special processing fees requested by mare’s owner, and in the case of mares that are shipped in for insemination, travel, board, feed, insemination and veterinary charges. Shipping: All semen transportation (shipping) costs will be the sole responsibility of the Mare owner. Cooled and frozen semen will be shipped to the mare owner at the address set forth in the Mare Information section of this agreement, unless otherwise designated by the mare owner prior to shipment. Should the mare require further insemination after the initial shipment, additional shipments may be requested with the prior payment of a collection fee. If a non-disposable container is required, and provided by White Oak Farm, the container must be returned in good condition to White Oak Farm within 10 days of receipt by the mare owner or they will be charged a $100 fee, plus the cost of the container. A licensed veterinarian must administer the semen within twenty-four (24) hours after receipt, and such veterinarian must sign the mare breeding passport. Valeria is only obligated to deliver semen that is in viable condition at the time of delivery. Each shipment will contain one (1) or two (2) doses, at the discretion of the stallion manager. Valeria only assumes responsibility to ship in a viable condition at the time it is transported from the farm. Each shipping dose is evaluated at the farm prior to shipment. Receiving veterinarian or technicians wishing to test a 1-2ml sample of the semen shipment should warm the sample to approximately 100 degrees F. for no more than 15 minutes. Overheating may damage or kill the sperm. Valeria assumes no responsibility for the loss of semen viability or associated expense due to any delay in shipment or delay in courier services beyond our control. The semen must be administered by a licensed veterinarian or an authorized technician on the day of delivery or all live foal guarantees and return privileges shall be null and void. Mare owners who pick up semen at the farm will be responsible for furnishing their own cooling container. The fee for U.S. semen shipments (including collection), can vary anywhere from $125 to $500, depending on the method, location and time constraints. All major Credit Cards accepted for payment.
Scheduling: It is the Mare Owner’s responsibility to call in advance of the planned breeding date to check the collection and shipping schedule for Valeria. Normal collection days are Mondays, Wednesdays, and Fridays. Your request for semen must be telephoned or faxed no later than 9:00 am CST on the day preceding your scheduled collection day to meet shipping deadlines. Request for Saturday shipping must be called or faxed no later than 11:00 am CST on Fridays. The requests will be processed in the order in which they are received on a “first come, first served” basis. Return Privilege Guarantee: Valeria agrees that the mare owner is entitled to a second season of breeding (valid only in the consecutive season), or a partial refund (in accordance with previously stated terms), under the terms and conditions of this agreement upon the following conditions: (1) Valeria receives written notification from a licensed veterinarian within ten (10) days of examination of any loss of pregnancy which occurs in the first season of breeding; or (2) a mare breeding passport, signed by a licensed veterinarian is received by Valeria within ten (10) days of the last attempt at breeding certifying that the mare has not become pregnant during the first breeding season; or (3) the mare bred fails to produce a live foal (under the definition of a live foal set forth in a previous paragraph of this agreement, and Valeria is verbally notified within 48 hours of the foal’s death, and such verbal notification is followed by an official written statement by a licensed veterinarian within ten (10) days, stating the details of the foal’s death. If such notification and statement are not received within the period required, any refund and guarantee provided herein become null and void. Breeding Certificate/Registration/Inspection: Valeria will issue a breeding certificate to the mare owner in order to establish owner’s rights upon payment in full of all fees. A ten dollar ($10) replacement fee will be charged for all lost certificates. Registration and inspection of the live foal (and mare if needed) are the sole responsibility of the mare owner. Mares that are not approved Westfalen brood mares may be approved as such through an inspection and approval process through the Westfalen Association. For further information you may contact the association at: www.westphalia.com . Indemnification & Insurance: The mare owner understands and agrees that they shall be solely responsible for insurance on the mare, and Valeria and White Oak Farm are not responsible to insure said mare, even if said mare is boarded on the premises of Valeria or White Oak Farm for the purpose of insemination by the stallion. The mare owner agrees to indemnify, release and hold harmless Valeria and White Oak Farm, its owners, agents, employees, heirs and assigns from any and all claims, demands, damages, actions suits, attorney’s fees and costs, obligations or liabilities of any kind, known or unknown, in any way related to the mare or the breeding or insemination of the mare.
In the event the stallion should die, become infertile or suffer injury or disease that would prohibit him from breeding prior to the designated mare producing a live foal; the stallion fee will be considered unusable and may be deemed refundable. The mare owner agrees to hold Valeria, its employees, the stallion owner and premises owners, and their heirs, administrators, executors and assigns harmless from any and all financial loss, consequential damages and/ or loss of the future profits. The mare owner accepts all risk of deaths or incapacity of the stallion to breed and realizes that all fees may be forfeited in the event of such. Valeria and its employees, the premises owner, or the breeding facility owners and employees shall not be liable for any death, sickness, injury and/ or accident including consequential damages to the mare and/ or foal. The mare owner understands, authorizes and assumes the special risk inherent in the procedures and process of artificial insemination and its many variables. The mare owner agrees to hold both Valeria and White Oak Farm, its employees, and the premises owners and/ or any heirs, relatives or assigns, harmless for any and all damages, losses and/ or expenses associated herewith. Notices: Service of all notices under this agreement shall be sufficient if given personally or mailed via overnight carrier, certified or registered mail to the party involved at its respective address set forth above, or at such address as such party may provide in writing from time to time. Any notice mailed to such address shall be effective when deposited in the United States mail or with an overnight carrier, duly addressed and with postage prepaid. Miscellaneous: Valeria and White Oak Farm (or their owners, agents or assigns) failure to insist on any performance or waiver of any breach of this agreement is not to be construed as a general waiver as to the other terms and conditions of this agreement. Mare owner agrees not to assign this agreement or any interest in this agreement without prior written consent of Valeria. This agreement constitutes the entire agreement between the parties and there are no other understandings, representations, warranties or agreements, oral or written. This agreement shall be governed by and construed under the laws of the state of Tennessee without regard to conflict of law principles. Trailer-in breedings are handled by appointment only and reservations must be received by 8:30 a.m. CST Mondays, Wednesday, and Fridays, and by 9:00 a.m. CST on Saturdays. Trailer-in breedings are performed after 3:00 p.m. CST on weekdays and at a time specified by the farm at the time of the reservation on Saturdays. In Witness Whereof, intending to be legally bound hereby, the parties have entered into this agreement on the date and year first written above. Documents with original signatures which are sent electronically are to be considered as originals. And by signing below, I acknowledge that I have read and understand and agree to abide by the terms and conditions set forth in this agreement/contract.
By: Valeria Mare Owner
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