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WITNESS THIS AGREEMENT this _____ day of 20____, between Mare
Meadows Ranch, hereinafter referred to as "Farm," and
_________________________, hereinafter referred to as "Mare Owner."
- WHEREAS, Mare Owner is the owner or lessee of a certain registered
mare having the registered name of _______________________, with the
____________ Registry, Registration No._____________, foaled
__________________, and
- WHEREAS, Mare Owner wishes to breed said mare as above described to
the stallion, Lickety Zipped, AQHA # 3117122.
- IT IS NOW THEREFORE AGREED between the parties as follows:
- Booking and Stallion Fees
- (A) Mare Owner agrees to pay a non-refundable booking fee of $100.00
to reserve a breeding for the year 2003, which shall be credited against
the Stallion Service Fee.
- (B) For consideration of $450.00, excluding mare care, Farm hereby
agrees to breed the stallion, Lickety Zipped, as above-described to the
mare belonging to Mare Owner as above-described.
- (C) The full amount of the stud fee as set forth above and the
accrued board, veterinary expenses, mare care, farrier expenses, and
other related charges shall become due and payable prior to delivery of
the mare to Mare Owner. Farm shall have a lien against the mare, any
foal at side and the produce of the mating which is the subject of this
Agreement until such time as any and all charges are paid in full; said
lien shall survive any transfer of possession. Mare Owner agrees to pay
all charges when due and should Mare Owner fail to do so, Farm shall be
entitled to recover any costs, expenses and attorney's fees expended in
collection. In the event collection of Owner's account is placed in the
hands of an attorney, Owner agrees a minimum fee of $250.00 shall be
assessed as attorney's fees.
- Mare Care and Board
- Mare Owner agrees to pay Farm, the sum of $5.00 per day for dry
field mares; $6.00 per day for wet field mares; $12.00 per day wet barn
mares; and $10.00 per day for dry barn mares. This amount will be
charged per calendar day, or portion thereof, in which the mare is in
the custody or control of Farm. All mare care charges, including any
charges of horseshoeing, veterinary care or similar charges shall be due
and payable prior to the return of mare to Mare Owner. In the event the
above-named stallion stands at a commercial breeding and/or boarding
facility, said facility will be considered an independent contractor for
purposes of this agreement.
- General Conditions
- This contract is a "Live Foal" contract. "Live Foal" is herein
defined as a newborn foal, which stands and nurses without assistance.
If the foal is born dead, or if the mare does not otherwise carry to
term, there shall be a return privilege for the following breeding
season only if the notification procedures as set forth below are
followed.
- None of the above-described fees shall be refundable except as
described below. However, Farm guarantees a return breeding for the
following breeding season for said mare or an approved substitute should
a "live foal" as above-described not result from this mating. Should
this mating not produce a live foal, it must be evidenced by a written
statement from a licensed veterinarian dated within one week from the
date of death of the fetus, or in the alternative, a sworn statement
from said veterinarian that the mare is no longer in foal and the date
of fetus loss is unknown.
- In the event of the death of the above-named stallion, this contract
shall become null and void. No money shall be refunded to mare owner
except the booking fee if the mare has not been bred. In the event of
the stallion's death prior to the delivery of a live foal, the live foal
guarantee as above described shall become null and void. Should the mare
die subsequent to payment of the booking fee but prior to breeding, only
the booking fee will be refunded to Mare Owner. No other fees or charges
are refundable except as described in this paragraph.
- Mare Owner agrees to furnish a negative Coggins Test (Swamp Fever)
prior to mare's arrival at the breeding farm. All mares shall be
accompanied upon arrival by a health certificate indicating a current
vaccination for equine Influenza, Strangles, Tetanus, West Nile and
Encephalitis. Mares not accompanied by said certificate will be
vaccinated shortly after arrival at Farm at the expense of Mare Owner.
Mare Owner understands and agrees that upon arrival at the breeding
facility, the mare will be cultured and examined by a licensed
veterinarian selected by Farm, at Mare Owner's expense. Mare Owner
authorizes Farm, to engage performance of such other veterinary services
as Farm may deem necessary for the proper treatment, care and protection
of the mare and/or foal at side. This is to be done at the Mare Owner's
expense and will be billed and payable as above described.
- In the event of colic or life threatening illness of the mare, all
means available will be utilized to save said mare unless otherwise
instructed by Mare Owner, including surgery if recommended by the
veterinarian. Mare Owner shall pay any and all costs in connection
therewith.
- Farm shall not be liable for any sickness, disease, estray, theft,
death, or injury which may be suffered by the mare and/or foal at side,
or any other cause of action whatsoever arising out of or connected in
any way with the breeding or boarding of the mare and/or foal. This
includes, but is not limited to, any personal injury or disability which
the Mare Owner or Owners may receive while on the premises of the
breeding facility. Mare Owner fully understands that Farm does not carry
any outside horses in its possession, custody or control for breeding
and boarding on any public liability, accidental injury, theft or equine
mortality insurance, and that all risks connected with the breeding and
boarding of the mare or mares and/or foals are to be born by the Mare
Owner or Owners. Farm strongly recommends equine mortality insurance be
obtained applicable to the subject horse(s) by Owner. The standard of
care applicable to Farm is that of ordinary care of a prudent horse
owner and not as a compensated bailee. In no event shall Farm be held
liable to Mare Owner for equine death or injury in an amount in excess
of Five Hundred Dollars ($500) per animal. Mare Owner agrees to obtain
equine insurance for any animals valued in excess of Five Hundred
Dollars ($500), at Mare Owner's expense, or forego any claim for amounts
in excess of Five Hundred Dollars ($500). Mare Owner agrees to disclose
this entire agreement to Mare Owner's insurance company and provide Farm
with the company's name, address and policy number. Failure to disclose
insurance information shall be at Mare Owner's risk.
- Mares that are not halter broken and/or cannot be hobbled will not
be accepted. Owner agrees to submit a completed Horse Information Sheet
at least five days prior to the mare's arrival on the premises of the
breeding facility. Mare Owner understands and agrees that the mare may
be tranquilized for breeding purposes if deemed reasonable or necessary
by Farm. Mare Owner further authorizes breeding by artificial
insemination if deemed appropriate by Farm, and agrees to pay any
veterinary charges arising in connection therewith. Artificial
insemination may only be used if approved by the applicable breed
registry.
- It is understood that the breeding season for Farm commences on
February l of the calendar year and terminates July 15 of the same
calendar year. Mares who do not come into season or are not settled
within said breeding season as above-described shall be carried over to
the following year, or may be re-bred during the following heat(s) if it
is practical for Farm to do so. In the event mare owner elects to
rebreed during the following breeding season, Mare Owner agrees to pay
any increase in the stallion service fee or mare care fee.
- In the event Mare Owner does not leave the mare at the breeding
facility for forty-five days following last breeding for purposes of a
pregnancy test, mare owner assumes all responsibility for pregnancy
testing. Mare owner agrees to have said mare pregnancy checked within
forty-five days from the date of last breeding and provide said
information to Farm within five days from the date of said pregnancy
check. Failure to provide said information waives the live foal
guarantee although Mare Owner shall have a guaranteed right to rebreed
the following breeding season at the rate set for said breeding season.
- Sale of the mare by Mare Owner to another party or parties will
terminate the live foal guarantee as set forth above and described in
this contract unless same is acknowledged and accepted in writing by
Farm.
- Inherent Risks and Assumption of Risk. The undersigned acknowledges
there are inherent risks associated with equine activities such as
described below and hereby expressly assumes all risks associated with
participating in such activities. The inherent risks include, but are
not limited to the propensity of equines to behave in ways such as,
running, bucking, biting, kicking, shying, stumbling, rearing, falling
or stepping on, that may result in an injury, harm or death to persons
on or around them; the unpredictability of equine's reaction to such
things as sounds, sudden movement and unfamiliar objects, persons or
other animals; certain hazards such as surface and subsurface
conditions; collisions with other animals; the limited availability of
emergency medical care; and the potential of a participant to act in a
negligent manner that may contribute to injury to the participant or
others, such as failing to maintain control over the animal or not
acting within such participant's ability.
- Warning-Under Florida law, an equine activity sponsor or 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.
- This contract represents the entire agreement between the parties.
No other agreements, promises, or representations, verbal or implied,
are included herein unless specifically stated in this written
agreement. This contract is made and entered into in the State of
Florida, and shall be enforced and interpreted in accordance with the
laws of said State.
- In the event one or more parts of this contract are found to be
unenforceable or illegal, the other portions hereof shall be deemed in
full force and effect.
- Additional agreements should be separately initialed by each party.
If none, check here ____.
Mare Meadows Ranch
____________________________
- Barbara Scott, President
- By __________________________
- MARE OWNER
- Date ____________________
