On Farm Breeding Contract

 This On Farm Breeding Contract for the____ Breeding Season is made and entered into on this ___day of ____________, 2000 by and between TK Quarter Horses, hereinafter designated Breeder, and______________________________________________, hereinafter designated Mare Owner. Mare Owner agrees to breed the Mare: ___________________________, AQHA Reg. No. ________ to the Stallion SKIP R IMPRINT,  AQHA 3,000,876 for a fee of $500.00 for a live foal, subject to the following conditions:  
  1. The stallion fee includes a non-refundable booking fee of $200.00 payable upon execution of this contract. The balance of this fee, $300.00, must be paid, with all other expenses before the mare is removed from the premises. The Mare will remain in the Breeder's possession until all expenses are paid in full, including attending Veterinarian and Farrier.
  2. Breeder agrees to provide suitable facilities for the care and feeding of mare and/or foal while in his custody. Mare Owner agrees to pay for care and feeding penned mares at $7.00 per day dry; $8.50 per day wet. 
  3. Breeder will exercise judgment consistent with recognized standards in care and supervision of mare and/or foal.  Breeders Veterinarian will examine for normal breeding conditions and administer medical care as deemed necessary for the health and safety of the mare and/or foal. 
  4. Mare Owner will pay all veterinary and farrier expenses. All reasonable efforts will be made to notify the Mare Owner in the event of a medical emergency. The Mare Owner agrees to accept the medical judgment of the Breeders Veterinarian and the medical treatment by the Breeder in regards to performing mare emergency medical treatment, should in the Breeder's opinion, such treatment be deemed necessary. 
  5. A mare that is not halter broke will not be accepted. Mare OWner will remove shoes from mare. A mare with shoes will have shoes pulled by a Farrier at Mare Owner’s expense.
  6. The mare shall be in a healthy and sound breeding condition, free from infectious, contagious and transmittable diseases. The following documentation must accompany mare: 1) A current brand inspection, 2) Photostat copy of registration papers (both sides), 3) Veterinarian health certificate, 4) Worming and immunization record, 5) A current negative CogginsTest (out-of-state mares only). If they do not, Breeders Veterinarian will examine and/or test mare at Mare Owner’s expense. Breeder reserves the right to refuse mare. If mare is refused, the Breeder shall retain the stallion booking fee. This fee shall constitute liquidated damages.
  7. Mare Owner agrees to pay a foaling fee of $150.00 to have a pregnant mare foal on Breeders premises. The Mare Owner shall pay all veterinarian expenses incurred in conjunction with the foaling. 
  8. Breeder shall determine the method of breeding and agrees to diligently try to settle mare; However, if the mare fails to settle, for any reason, Mare Owner will hold Breeder and Breeder's Veterinarian blameless. Mare Owner agrees to give ample opportunity, through several breeding cycles, to settle mare. Breeder will have the Breeder's Veterinarian ultrasound the mare 15-18 days after breeding to confirm pregnancy.
  9. This contract contains a single season "Live Foal Guarantee" provided the mare is pronounced "safe in foal" by the Breeder's Veterinarian prior to mare departing Breeder's premises or should the mare depart before being pronounced "safe in foal" by the Breeder's Veterinarian, the mare is ultrasound within 27 days after the last breeding date. A live foal is described as a newborn foal, which stands and nurses with out assistance.  If after being pronounced "safe in foal" the mare should miscarry, abort, prove barren or otherwise fail to deliver a live foal after leaving the Breeders premises, Mare Owner has the privilege to return said mare for breeding during the following year breeding season only for a return booking fee of $200.00.  If the foal dies there are return privileges for the same mare during the foaling year breeding season only, if the Breeder is notified and receives a Veterinarians statement confirming foal death within 5 days of death.
  10. A "Breeders Certificate" will be issued for the foal when stallion fee and all other expenses have been paid in full and at Breeders option when mare has either: (a) been pronounced safe in foal, (b) has produced a live foal by this mating.
  11. Both parties agree that Breeder, TK Quarter Horses, 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 willful and wanton gross negligence of the Breeder. The Mare Owner is not liable for death, sickness, and/or accident including consequential damages caused to the stallion by the mare.
  12. It is further agreed that should the stallion die or become unfit for service, prior to settling the mare, that the Breeder has the option to either (a) Offer a replacement stallion or (b) cancel this contract and return $300.00 of the breeding fee, if all fees and expenses have been paid in full, thereby canceling this entire contract.
  13. If mare dies or becomes unfit to breed, the Breeder has the option to either (a) accept a replacement mare or (b) cancel this contract.
  14. This contract is non-assignable and non-transferable by the mare owner. Should the stallion be sold by the Breeder, the terms and conditions of this contract will be transferred to the new stallion owners, as part of a stallion sales agreement. The Breeder will be released from all  responsibility for this contract.
  15. This contract is entered into in the State of Montana and will be interpreted and enforced under the Laws of Montana. If any clause in this contract is against State Law, then that clause shall be null and void. The balance of the contract will remain in force. Should either party breach this contract, the breaching party shall pay for the other's court costs and attorney's fees related to such breach. Any dispute or breach of contract will be settled in Missoula, Montana.
  16. 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 added as Condition ____ and individually initialed by each party. If none, initial here __________(Breeder), _______(Mare Owner). 
  17. When Mare Owner and Breeder sign this contract it will be binding on both parties subject to the above terms and conditions.
  18.    
  
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Breeders (or authorized agent’s) Signature		 ______________________________________ 
Mare Owner’s (or authorized agent’s) Signature 
 
___________________________________________________________________________ 
Mare Owners Address
 
___________________________________ 
Telephone Day Time		 ___________________________________ 
Telephone Evening/Night
 
____________________________________________________________________________________ 
Description of Mare 

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Description of Foal