This Stallion Breeding Contract for the breeding season of 2006, is made and entered into on this__________, day of___________________2006, by and between Richard & Rae Mitchell hereafter designated Stallion Owner, and _____________________________________________.Mare Owner agrees to breed the mare________________________________________________________________,Reg.No._______________________ to the stallion CHAMPAGNE GOIN' TO TOWN TWHBEA # for the fee of ($350)* for a live champagne colored foal guarantee or ($250) for a live foal guarantee , subject to the following conditions:
1 The stallion fee includes a non-refundable booking fee of $50, payable upon execution of this contract unless otherwise noted. The balance of the fee checked above must be paid, with all other expenses, when the mare is picked up. Mare owner may not remove mare from Stallion owner's possession until all expenses are paid in full.
2 Stallion owner agrees to provide suitable facilities for the care and feed of mare and/or foal while in his/her custody. Mare owner agrees to pay for care and feeding at S6.00/da for dry mares and $7.00/da for wet mare (mare with foal at side).
3 Stallion owner will exercise judgment consistent with recognized standards in care and supervision of mare and/or foal. Stallion owner assumes responsibility for arranging veterinarian and farrier services as necessary. Stallion owner's veterinarian will examine mare for normal breeding conditions and administer medical care as deemed necessary for the health and safety of the mare and/or foal. All veterinarian and farrier expenses will be paid by Mare owner.
4 Mares that are not halter broke will NOT be accepted. Stallion owner reserves the right to refuse any mare deemed dangerous to either the stallion or persons handling stallion or mare.
5 The mare shall be in a healthy and sound breeding condition, free from infectious, contagious, and transmittable diseases. A current negative Coggins Test (within six months) and a photostatic copy of registration papers (both sides) will accompany the mare. A negative culture may be necessary at Stallion owner's request.
6 Mare owner agrees to pay $ n/a to have mare foal on Stallion owner's premises. All veterinarian expenses incurred in connection with the foaling shall be paid by Mare owner. Mare owner understands that Stallion owner is NOT a veterinarian and will hold Stallion owner blameless for complications deemed beyond the Stallion owner's control.
7 Stallion owner agrees to diligently try to settle mare; however, if mare fails to settle, for any reason, Mare owner will hold Stallion owner blameless. Mare owner agrees to give Breeder ample opportunity to settle mare.
8_____(Stallion owner shall initial here to verify guarantee) This contract contains a "Live Foal Guarantee". A live foal is described as a newborn foal which stands and nurses without assistance, urinates and defecates within 24 hours. If foal is born dead, there are return privileges for the 2007 season only if Stallion owner is notified within 48 hours and receives a veterinarian's statement confirming death. If after being pronounced "safe in foal" the mare should miscarry, abort or prove barren after leaving the Stallion owner's premises, Mare owner has the privilege to return her for breeding during the current breeding season or the following breeding season Oct. 1st, 2007 through Sept. 30th, 2008. A "Breeder's Certificate" will be issued for the foal, conceived by this mating, when mare has produced a live foal by this mating.
9 ____(Stallion owner shall initial here to verify guarantee) This contract contains a "Live Champagne Colored Foal Guarantee". A live champagne colored foal is described as above with the following addition: clear pictures of foal's eyes, muzzle, and genital area must be provided before any "Breeder's Certificate" will be issued.
10 Both parties agree that Lumbertown Farm, the stallion owner, their agents or employees are not liable for death, sickness, and/or accident including consequential damages caused to the mare and/or foal unless such death, sickness and/or accident was by the willful and wanton gross negligence of the Stallion owner and the Mare owner is not liable for death, sickness and/or accident including consequential damages caused to the stallion.
11 It is further agreed that should the stallion die, be sold by the owner, or become unfit for service, prior to settling the mare, that ALL of the breeding fee will be refunded, minus mare care. If mare dies or becomes unfit to breed, the Stallion owner has the option to either accept another mare according to paragraphs 4 & 5 as a replacement, or refund $ ______ of the breeding fee (if it has been paid in full) -thereby cancelling this contract. This cash refund will be given only in the 2007 breeding season.
12 This contract is non-assignable and non-transferable. The Mare Owner is responsible for insurance if they so desire to carry such on the mare and/or foal while at Lumbertown Farms.
13 This contract is entered into in the State of Michigan and will be interpreted and enforced under laws of that state. If any clause in this contract is against state law, then that clause shall be null and void.
14 Should either party breach this contract, the breaching party shall pay for the other's court cost and attorney's fees related to such breach.
15 This contract represents the entire agreement between the parties. No other agreements or promises, verbal or implied, are included unless specifically stated in this written contract. Additional conditions should be individually initiated by each part. If none, check box .
When Mare owner and Stallion owner sign this contract, it will then be binding on both parties, subject to the above terms and conditions.
________________________________________________________________________________
Stallion Owner or Representative Signature
________________________________________________________________________________
Mare Owner or Representative Signature
________________________________________________________________________________
Mare Owner's Address & Telephone
________________________________________________________________________________
Description of mare
________________________________________________________________________________
________________________________________________________________________________
Special conditons or comments
Lumbertown Farms reserves the right to refuse any mare deemed violent or unsafe to persons or above stallion as determined by stallion owners.
Rich and Rae Mitchell, 3900 Cline Rd., Muskegon, MI 49444
Phone: (231) 773-5453
Email: lumbertown@comcast.net website: www.lumbertownfarm.com
(click here to return to home page)