2019 Breeding and Transported Semen Contract For Purebred Arabians
PARTIES. This Agreement is made this day of , 20 , by and be- tween NORTH ARABIANS, LLC, (“North Arabians”) 00000 Xxxxxxxxxx Xxx Xx, Xxxxxx, XX 00000 and the Customer described below (Breeding Customer”). Contract valid until 12/31/2019
Farm or Ranch Name
MARE INFORMATION. This Agreement relates to the mare described below (“Mare”).
Name of Mare
Registration No. Date
Maiden? YES NO
Foal at side by:
Insurance Carrier and Phone No.
WHEREAS, Breeding Customer has a legal interest in the above described Mare, including the legal right to breed the Mare to the Stallion: Ever After NA, AHR #0616821, (“the Stallion”) during the 2019 breed- ing season. Breeding Fees in this contract are valid until 12/31/2019.
1. Breeding Fee. Breeding Customer agrees to pay the following fees:
1.2 $3500: Breeding Fee. Breeding fee for 2019 must be paid in full prior to the first shipment of semen unless other arrangements are agreed to in writing by North Arabians. This fee is subject to changes at any time and may not be honored by North Arabians unless a Booking Fee has been paid. Packages of three or more breedings (with paid Booking fees for each breeding) are $3000 per breeding.. In 0000, Xxxxx Xxxxxxxx will normally provide frozen semen however when available, we may instead provide cooled semen as a replacement for the frozen semen.
1.3 $1000 Booking Fee, a non-refundable booking fee to be paid at the time of the signing of this agree- ment. Balance of breeding fee to be paid before Mare departs from North Arabians or before the first shipment of cooled or frozen semen.
1,4 $ 350.00 Re-breed Fee subject to the conditions of paragraph 4.
2. Boarding Fee. (Check one if mare is being sent to North Arabians for breeding or foaling)
$ 350.00 per month for pasture board.
$ 450.00 per month for a private stall on a turnout only basis.
$ 550.00 per month for a private stall on a turnout only basis, with foal at side.
$ 650.00 per month for a private stall in a show conditioning program.
$ 300.00 a one time Foaling Fee.
2.6 Miscellaneous. Breeding Customer agrees to reimburse North Arabians for all charges incurred by North Arabians for veterinary, farrier and other services retained and goods acquired by North Arabians in performing its obligations hereunder. In addition, Breeding Customer agrees to pay all other fees, charges and expenses described in the Breeding Agreement pursuant to the terms and conditions ser forth in the Breeding Agreement.
3. Transported Semen Fees ( Frozen) to be paid by Mare Owner
3.1 $900.00 Frozen Semen Container Deposit if a NA container is used. , Fee is refundable upon re- turn of Dry Shipper (for Frozen Semen) in good condition.
3.2 $350.00 If cooled Semen is available, then a Nonrefundable Handling and Shipment Fee, to be paid prior to each shipment. This payment must be made by check or credit card. Normal cooled semen shipments if available will consist of two insemination doses.
3.3 $250.00 Frozen Semen Nonrefundable Handling Fee, to be paid prior to each shipment. Breed- ing customer is responsible for all shipping fees accrued to receive the frozen semen.
Airport courier fee, if shipment must be delivered to airport for same day breed-
3.5 $20.00 per day late fee for any Equitainer or Dry Shipper not returned to North Arabians within 5 days of receipt by Breeding Customer.
Semen will normally be shipped via Federal Express or UPS Freight. Breeding Customer is responsi- ble for the airport courier fee when counter-to-counter service is requested.
North Arabians must be notified by noon the day BEFORE semen is to be shipped. Re- quests after noon (PST) will be shipped on the next stallion collection day. North Arabi- ans reserves the right to determine at its sole discretion the stallion semen collection schedule.
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4. Rebreed Conditions
Rebreed conditions (e.g. live foal guarantee) apply to a mare that does not achieve a pregnancy in the current breeding season or does not produce a live foal if all of the conditions listed below are met. A live foal is defined as a foal that stands and nurses within 24 hours of birth. Any requests for re- breeds in the following breeding season require a written certificate from a licensed equine veterinari- an.
Mare Owner agrees to have the Mare examined for pregnancy and to notify North Arabians of the results within ten days of the sixty-day check. Failure to have the Mare thus examined or failure to notify North Arabians of the results shall automatically render the live foal guarantee and applicable rebreeding rights of the Mare Owner null and void.
Mare Owner must send a certificate from a licensed equine veterinarian to North Arabians within thirty
(30) days of the discovery of the Xxxxx pregnancy loss, stillbirth, or newborn foal death. This certifi- cate must include the following;
That the mare was properly vaccinated against rhino pneumonitis in months 5,7, and 9 of pregnancy. That in the licensed practitioners opinion, the mare was maintained in a reasonable state of health, in-
cluding all vaccinations and deworming as deemed necessary.
IT IS THE MARE OWNERS SOLE RESPONSIBILITY TO INSURE THAT THE CERTIFICATE IS PROVIDED TO NORTH ARABIANS
4.4 Rebreeding right shall be valid ONLY for the subsequent breeding season. Substitution of different mare than the mare named in this agreement must be approved by North Arabians.
UNDER NO CIRCUMSTANCES SHALL THIS AGREEMENT BE TRANSFERRED TO ANY OTHER PARTY WITHOUT THE WRITTEN CONSENT OF NORTH ARABIANS
5. In the event the Stallion or Mare becomes incapable of breeding or in the event that either the Stallion or the Mare dies, the following shall apply:
a. Death or incapacity of the Stallion before the Mare is bred: North Arabians shall have the option of:
1) Breeding the mare with frozen semen from the Stallion, or
2) Refunding the breeding fee identified in Paragraph1 (excluding the booking fee) to the mare owner. The mare owner shall be liable for all other fees and expens- es incurred until the date of death or incapacitation of the stallion, and this agreement shall terminate and become null and void, including the live foal guarantee and any applicable rebreeding rights of the Mare Owner.
b. Death or incapacity of the stallion after the mare is bred, and the mare owner has the right to exercise the live foal guarantee identified in Paragraph 4. North Arabians shall have the right to choose one of the following options by giving notice to mare owner in accordance with the notice provisions of Paragraph 6.
1) The breeding shall take place with frozen semen and this agreement shall remain in full force and effect.
2) The breeding fee identified in Paragraph 1 (including the booking fee) shall be retained by North Arabians and the Mare shall be rebred with another mutually acceptable stallion owned by North Arabians. If the substitute Stallion’s breed- ing fee is less than the original stallion’s breeding fee, then the differences will be returned to the mare owner if previously paid in full.
3) The breeding fee identified in Paragraph 1 (excluding the booking fee) shall be refunded to the mare owner, the mare owner shall be liable for all other fees and expenses incurred to the date of the death or incapacity, and this agreement shall terminate and become null and void, including the live foal guarantee and any applicable rebreeding rights of the mare owner.
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c. Death or incapacity of the mare either before or after the mare is bred, and the mare owner does not have the right to exercise the live foal guarantee:
1) The stud fee identified in Paragraph 1 (including the booking fee) shall be re- tained by North Arabians and the Mare Owner may substitute another mare for breeding within the calendar year’s breeding season of the agreement, or for the calendar year’s breeding season immediately thereafter, said substitute mare being subject to the prior approval of North Arabians and in compliance with all the terms and conditions of this agreement.
6. In the event that any notice is to be given under the terms of this agreement, or if either par- ty desires to give any notice to the other, such notice is to be given in writing, and may be personally delivered to the other or sent certified mail, return receipt requested, with all postage and certification changes thereon prepaid.
Notice to Mare Owner shall be given to the address given on the first page of this contract, or to such other address as mare owner may hereafter direct in writing.
Notice to North Arabians shall be to: North Arabians, LLC
00000 Xxxxxxxxxx Xxx Xx. Xxxxxx, XX 00000
7. Mare Owner assumes all responsibility for following the regulations or requirements that may be imposed by any breed registry or government agency, including but not limited to, obtaining permits to transport semen from the United States (and any applicable taxes, du- ties, or additional costs therein.)
8. Mare Owner assumes all responsibilities for the condition of the mare, and shall bear all risk of loss or damage. North Arabians, or any employees or agencies thereof, shall not be li- able or responsible, in any way, for any disease, death, accident, or injury to the mare, and mare owner therefore hold harmless these persons and businesses from any and all dam- ages therewith. In addition, North Arabians shall not be responsible for any delays or fail- ures in semen delivery.
9. Mare Owner may not assign any right or delegate any duties under this agreement without the prior written consent of North Arabians.
10. This agreement shall be a binding agreement when signed and accepted by North Arabians. This agreement shall be governed by the laws of the state of California, and venue shall be in San Diego County, California. In the event that legal counsel is retained to enforce the provisions of this agreement, the prevailing party shall be entitled to collect all reasonable attorney’s fees and costs.
I/We the undersigned certify that we are the Mare Owner named herein or duly authorized agent thereof, and as such have the authority to enter into this agreement, as witnessed by my/our signature(s). I/We also certify that I/We have read and understand the terms of this agreement.
IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the date first above written.
North Arabians, LLC (print)
Breeding Customer (print)
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