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This contract entered into on the date of acceptance,
by and between the listed mare owner or authorized lessee, and the stallion
breeding manager, who do mutually agree to the following terms and conditions:
Section 1. The Agreement.
Part I: General Information. The
mare owner agrees to breed the designated mare to the servicing stallion
by the chosen breeding method during the listed breeding season for
a breeding fee of $500. Breeding season begins on February
1st and ends July 1st. All mares will be bred with shipped cooled
semen unless alternative arrangements are made to breed on site at the
ranch, in which case the mare must be sound to breed, halter broken
and have a current negative Coggins test and health certificate.
A copy of the mare's registration papers should accompany this
contract. The mare owner agrees to pay all veterinary fees and
board if the mare is bred at the farm or a $250 fee for semen collection,
packaging and Federal Express next day shipping if cooled semen is requested.
Part II: Live Foal Should
the mare produce a live foal that is eligible for registry, the mare
owner agrees to contact the stallion breeding manager with the date
of birth, sex and color of the foal, and pay all outstanding monies
owed to the stallion manager prior to the issuance of a breeder's certificate.
Section 2. Guarantees.
Should the stallion be sold, die or otherwise become unfit
for service, the stallion manager's liability shall be discharged fully,
and the current owner or new owner will be obligated to honor the terms
of this contract. If the mare is not in foal, aborts the
foal, produces a lethal white foal, or if the foal dies within 24 hours
of being born, the stallion manager(s) and owner(s) are held harmless
from all liability, and the mare owner is entitled to a complementary
rebreed the following year. A rebreed "handling" or "chute" fee
of $250 plus any applicable mare care, veterinary fees or shipping fees
will be charged.
Section 3. Insurance.
"WARNING: Under Ontario 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 equine activities."
The mare owner agrees to look solely to his insurance for compensation
for any injury, sickness, death or loss of any kind.
Section 4. For Cooled Semen Shipments. The
stallion manager agrees to ship viable cooled semen. The mare must be
inseminated by a qualified licensed veterinarian or the guarantees are
null and void. Semen requests must be received no later than 8 a.m.
(central time) on a regularly scheduled breeding day. Additional shipments of semen, if necessary,
may be sent by Federal Express Overnight for $150 or by airport-to-airport
same day service for $250. All shipping fees are subject to change
based on the servers pricing. The mare owner will be charged $50
for a new container if the shipping container is returned damaged or
incomplete.
Section 5. Invoices
and Payment. All fees must be paid in full in Canadian.
funds before a shipment of cooled semen is sent, or the mare is released
from the farm. Fees for additional doses of cooled semen must
be paid in advance, prior to any shipment. All invoices
are due and payable within fifteen days of receipt, to avoid an 18%
per annum late fee. Payment past due thirty days, will be considered
a default, and the stallion manager is entitled to exercise all legal
remedies available to collect the amount due at the mare owner's expense.
Section 6. Contract Acceptance.
The mare owner's signature on this contract attests to the fact
that the owner has read and understood all of the terms outlined herein
and accepts this contract as a legal and binding instrument on behalf
of the owner, owner's heirs, successors and assigns. This contract
constitutes the entire agreement between the parties. No other
agreements, whether verbal or implied, are included. This contract
is made and entered into, in the County of York regardless of the manner
or location of solicitation, and shall be interpreted, enforced and
transacted within said county, under the laws of the Province of Ontario.