This STALLION BREEDING CONTRACT for the breeding season of 2003, is made and entered into on this _____ day of ___________, ____, by and between James R. Schelb Owner of the named stallion, will herein be referred to as Breeder, and ________________________________, herein referred to as a Mare Owner. Mare Owner agrees to breed the mare _______________________________, # _________, to the stallion ________________________, #_________________, for a fee of ________, for a live foal, subject to the following conditions:

The stallion fee includes a non-refundable booking fee/chute fee of $800.00, payable upon execution of this contract. The balance of this fee must be paid, with all other expenses, when mare is picked up or when Mare Owner is invoiced, whichever occurs first. Invoices are payable upon receipt. Mare Owner may not remove mare from Breeder’s possession until all expenses are paid in full.

Breeder agrees to provide suitable facilities for the care and feeding of mare (and foal, if applicable) while in its custody. Mare Owner agrees to pay for care and feed at $12.00 per day for wet barn mares, $12.00 per day for dry barn Mares.

Breeder will exercise judgment consistent with recognized standards in care and supervision of mare and/or foal. Breeder assumes responsibility for arranging veterinarian and farrier services as necessary. Breeder’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. Mare Owner will pay all veterinarian and farrier expenses.

The mare shall be in a healthy and sound breeding condition, free from infectious, contagious, and transmissible disease. A current negative Coggins Test, photo static copy or registration papers (both sides), veterinarian’s health certificate, plus a health, worming and immunization record must accompany mare; if they do not, Breeder’s veterinarian will examine and/or test at Mare Owner’s expense. Breeder reserves the right to refuse mare if not in satisfactory condition. If mare is refused, the booking fee shall constitute liquidated damages.

Mare Owner agrees to pay $250.00 to have mare foal on Breeder’s premises. Mare Owner shall pay all veterinarian expenses incurred in connection with the foaling.

Breeder agrees to diligently try to settle mare; however, if mare fails to settle, for any reason, Mare Owner will hold Breeder harmless for such failure to settle. Mare Owner agrees to give Breeder ample opportunity to settle mare. Mare Owner acknowledges that the Breeder cannot guarantee that a mare will settle.

Stallion fees are not refundable; however, there is a guarantee of a live foal from this mating. A live foal is described as a newborn foal, which stands and nurses without assistance. If foal is born dead, there are return privileges for the following season only if Breeder is notified within seven days by a licensed veterinarian that the mare has slipped or produced a nonviable foal. If after being pronounced "safe in foal" the mare should miscarry, abort or proven barren, Mare Owner has the privilege to return her for breeding during the current breeding season or the following year only.

All REBREEDS will be charged a chute fee the following year.

The breeding season in force for this contract shall begin February 1^st and close June 15^th of the year dated on the contract.

A breeder’s certificate will be issued to Mare Owner after all expenses have been paid in full and upon notification of the birth of the foal.

The Mare Owner does hereby agree that James R. Schelb, The Breeder, their agents or employees are not liable for death, sickness, and/or accident including consequential damages caused to the mare and/or foal, unless death, sickness, and/or accident was caused by the 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.

In the event of the death or incapacity of the Mare, Mare Owner has the opportunity to breed a substitute Mare to the Stallion, provided that the Breeder has given advance approval in writing of the proposed substitute mare. No refunds shall be permitted. In the event of Stallion’s death or unfitness for breeding, the breeding fee will be refunded but the booking fee will, at all times, be retained by the Breeder.

This contract is non-assignable and non-transferable. The Mare Owner is responsible for all personal property taxes and for providing full insurance coverage as to sickness, injury or death of the mare and/or foal. Insurance information must be provided in the form of a declaration statement from the insurance carrier prior to or at the time the mare is delivered to Breeder.

This Contract is entered into in the State of Michigan and will be interpreted and enforced under the laws of that State. If any clause in this Contract is against State Law, then that clause shall be null and void.

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.

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. Each party should individually initial additional conditions.

When Mare Owner and Breeder sign this Contract, it will be binding on both parties, subject to the above terms and conditions.

 

Breeder’s (or authorized agent’s) Signature_____________________________________

 

Mare Owner’s (or authorized agent’s) Signature_________________________________

Mare Owner’s Address

 

 

Telephone

 

Insurance Information on Mare:

 

 

Booking Fee of $______________ Date_________________________