STALLION BREEDING CONTRACT   

Fee: $1,000.00, with live foal guarantee (Section 5).

 TERMS:

 1.             Fees and Expenses:

 A.            $250.00 Booking Fee - Payable upon signing this contract, non-refundable.
                 $750.00 Breeding Fee - Payable before departure of Mare or semen shipment.

 B.            All accounts for board bills and expenditures made on behalf of the Mare and/or foal (including, but not limited to collection of semen, shipping of semen and it's container) will be settled upon receipt of a statement of account rendered by Stallion Owner, and in any event, before the Mare is removed from the farm. Stallion Owner (hereafter referred to as the Breeder), may at Breeder's discretion refuse release of the Mare until these accounts are settled.

 2.             The Mare shall be healthy and in sound breeding condition as evidenced by a no growth or no pathogens veterinary swab within two weeks of the Mare's arrival or culture will be done when mare cycles on farm. In addition, the Mare should have received her routine vaccinations, be current on worming and have a current Coggins test.

 3.             Breeder will exercise judgment in the care and supervision of the Mare and/or her foal, but will not be responsible for accident, sickness or death to either or both. Likewise, the Mare Owner will not be responsible for any accident or injury to the stallion or other mares. Mare Owner is responsible for all personal property taxes and insurance on mare and foal.

 4.             Breeder agrees to inseminate the mare named above with semen from the stallion named above and will diligently try to settle her. If however, for any reason she does not settle, the Mare Owner will hold Breeder harmless.

 5.             It is understood that the service fee is for a live newborn foal which stands and nurses in _____ (year). If foal is born dead, Mare Owner is granted return privileges for re-breeding in the following year breeding season, only if Breeder is notified within one week from death of foal; this notice must be accompanied by a statement from a licensed veterinarian confirming the death of the foal.

 6.             If the mare dies, proves to be barren or does not produce a live foal in _____ (year) the Mare Owner will be entitled to return privileges for the same mare or another mare approved by Breeder that season only. If Mare is to be re-bred and Mare Owner fails to deliver her for re-breeding, then any and all fees paid shall be non-refundable and the contract terminated.

  7.             It is agreed that should the mare be removed before Breeder has sufficient opportunity to settle her (having bred her through at least three heat periods, or being certified in foal by their veterinarian), then all unpaid board, expenses and breeding fees become due and payable when the mare is picked up, and the live foal guarantee (Section 5) becomes void.

  8.             It is further agreed that should the said stallion die, be sold by Breeder, or become unfit for service before servicing any mare, then this contract is and shall be null and void, and Breeder will refund Booking Fee.

  9.             This contract shall not be assigned or transferred and in the event said mare is sold, the fee, if unpaid shall immediately become due and payable and no refund shall be due under these circumstances.

  10.           When Breeder or Breeder's agent signs and returns one copy of this contract it will be a binding contract on both parties, subject to the above terms and conditions.

  11.           This contract will be interpreted and enforced under the laws of the State of Texas in Fort Bend County, which will be venue for any legal action taken with regard to this contract.

  12.           The invalidity or unenforceability of any term or provision of this contract shall not affect the validity or enforce ability of any remaining provisions hereunder.

  13.           In the event that Breeder incurs attorney's fees and/or legal costs in securing or protecting any right available to Breeder under this contract, or under the laws of the State of Texas, Mare Owner hereby agrees to pay said attorney's fees and legal costs.

  14.           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 or in another written agreement between the parties.

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