- The mare owner shall pay a non-refundable booking fee of $200.00. The booking fee is due payable to the Farm upon the execution of this contract.
The mare owner shall pay a stud fee of $__________ due payable to the Farm before mare is bred.
In the case of shipped, cooled semen: The mare owner shall pay a collection fee of $____________ which shall be billed directly by the collecting veterinarian.
The mare owner shall pay a non-refundable lab/shipping fee of $ ____________ for pick up at Farm's Veterinarian's office; $_________, for an overnight shipment;
$ ____________ for an airport shipment (Bush Intercontinental). These fees will be billed directly by the collecting veterinarian.
In the case of live cover: The mare owner shall pay a chute fee of $______________ due before the mare is covered.
The mare owner shall pay $8.00 per day for mare care for each day or partial day that the mare is kept on the Farm for breeding, due before the mare leaves the Farm.
- The mare owner shall return a copy of mare's papers and photo with this contract. This contract is subject to acceptance of the mare/mares by the Farm. If the mare/mares
is not acceptable to the Farm, the Farm shall return the booking fee to the mare owner, and this contract shall be void.
- The mare owner shall be entitled to re-breed the mare until the mare delivers a foal (a pinto-colored foal in the case of a breeding to Uvalde King Bars) that stands
unassisted and nurses. This guarantee shall apply only if the BREEDING REPORTS-breeding soundness, insemination and pregnancy, or loss of pregnancy report (if applicable)
are returned according to the instructions therein. IF THESE REPORTS ARE NOT RECEIVED BY THE FARM AS INSTRUCTED, ALL GUARANTEES, REFUNDS, BREEDINGS, OR REGISTRATION POSSIBILITIES
ARE NULL AND VOID. The provisions and instructions of the breeding soundness, insemination, pregnancy and the loss of pregnancy reports are hereby incorporated into this contract
and made a part hereof, and the parties agree to abide by said provisions and instructions.
- In the case of a breeding to Uvalde King Bars, the Farm offers a live pinto-colored foal guarantee. For purposed of this contract, "pinto-colored" shall mean enough
white for the foal to qualify for APHA registry (in the case of a mare registered with AQHA, APHA or the Jockey Club) or to qualify for registry with the PtHA (in the case of all
other mares) whether or not the mare owner pursues such registry. "Pinto-colored" does not mean the foal is guaranteed to be "tobiano". If the mare does not
produce a foal with enough white to qualify for regular registry with APHA or PtHA, then the mare owner may rebreed the mare the next season. If this option is chosen, the mare
owner must pay an additional booking fee of $200 and any and all fees related to collection, laboratory preparation, shipping and/or mare care fees that might apply. If the mare
owner later receives regular registration on the "solid" foal born previously and has rebred the mare under the rebreeding privilege, the mare owner will at the time of
such regular registration of the previous foal owe and tender immediately to the Farm the stud fee amount of $800 for that foal and any foal born or in utero from a rebreeding
will be treated as the current subject of this contract.
- If a licensed veterinarian determines that the mare is unsuitable for breeding, the mare owner may substitute a new mare, subject to acceptance of a new breeding mare by the Farm.
his substitute mare shall be bred under the same terms and conditions as the original mare.
- In the event of breeding by transported semen, mare owner shall give the Farm as much advance notice of request for shipment as possible, and any such request MUST be
received by the Farm no later than 8:00 am on the day before the date of shipment. Mare owner shall pay, in addition to the booking and breeding fees, all reasonable and
actual costs of transporting the semen from the Farm to mare owner, as set forth above, as well as their own cost incurred for insemination of the mare by mare owner's veterinarian.
- The mare owner shall reimburse the Farm for all semen shipment expenses. Mare owners are encouraged to use their own containers, which should be sent to the Farm well in advance of
the time of collection. If the Farm supplies the container, there will be a $35.00 late/rental fee per day if the semen container is not returned to the Farm within four days
of receipt and a $250.00 replacement fee if the container is not returned to the Farm within 30 days of shipment or if not received in reusable condition. The mare owner shall
remit a container deposit of $100.00 by separate check before semen shipment. Any late fees or replacement fees will be deducted from the $200.00 deposit and any remaining deposit money
will be refunded at the end of breeding season (on or around October 1) or owner will be billed for any remaining fees after the deposit has been used up.
- The Farm assumes responsibility only to deliver live semen in viable condition at the time of delivery to the mare owner or agent. The mare owner shall assume all responsibility for
the condition of the mare and shall bear all risk of loss or damage to the mare whatsoever by death, disease, injury, infection or otherwise, and by any cause whatsoever, including
inappropriate, untimely, or negligent insemination or failure of insemination, and therefore releases discharges, indemnifies and holds harmless the Farm, its employees, agents, officers
and directors, from any liability for any and all damages associated therewith. The mare owner hereby agrees to pay all expenses and attorney's fees incurred by the Farm in defending any
claims for which the mare owner has agreed to release, discharge, indemnify and hold harmless the Farm, its agents, employees, officers and directors.
- The mare owner agrees to use the shipped semen only on the mare named above in this contract and shall have a licensed veterinarian verify in writing that the shipped semen has been
used only to inseminate the mare named above in this contract. The mare owner agrees to deliver such certification to the Farm within the breed report provisions, instructions and deadlines.
- If the above-described Farm stallion is not available to the Farm for re-breeding, and if re-breeding is necessary, the Farm may, at its option, and mare owner's approval, substitute
another stallion for breeding to the mare. Notwithstanding the above, the mare owner also shall remain responsible for paying any new fees, for covering mare and any other fees incurred
by the Farm on behalf of or for the benefit of the mare owner.
- The live foal guarantee mentioned in Paragraph 3 above is expressly contingent upon the mare owner properly caring for the pregnant mare. Proper care shall include, but shall not necessarily
be limited to, proper feeding and nutrition, regular deworming with products approved for pregnant mares, vaccination in the 5th, 7th, and 9th month of pregnancy with an approved vaccine for
equine rhinopneumonitis, any other vaccinations that are customary in the mare owners geographical area, and proper intervention during foaling if necessary.
- The non-refundable booking fee is recharged each year, if rebreeding is necessary, through the life of this contract.
- If the mare is not covered, bred or delivers a live foal within 2 (two) years, starting from January first (1) of the year the contract was signed, the contract will be null and void and
no refunds, rebreedings, or fees will be returned/given to Mare owner. This limitation does not apply to the failure of a mare to produce a pinto-colored foal if the contract is for a breeding
to Uvalde King Bars, so long as the mare is producing live foals. If the mare contracted for breeding to Uvalde King Bars does not produce a live foal, then the contract becomes null
and void as stated in the first sentence of this paragraph.
- All billing statements shall be paid to the Farm within ten days of the billing date. Interest at the rate of one percent (1%) per month shall be charged on all balances unpaid and overdue
for 30 days, and the customer hereby agrees to pay such interest and concurs that said interest is a reasonable charge on overdue accounts. If the customer fails to pay any amount due hereunder
for more than 30 days after the billing date, the Farm may immediately accelerate all other amounts due under this contract upon written notice to the mare owner, and all amounts so accelerated
shall be immediately due and payable. In addition, if the mare owner fails to pay any amount due hereunder for more than 30 days after the billing date, the Farm is not obliged to perform further
under the contract until all past-due amounts have been paid current.
- The mare owner may not assign any rights or delegate any duties under this contract without the prior written consent of the Farm.
- No delay or failure the Farm to exercise any right under this contract shall be deemed a waiver of any right or remedy otherwise available to the Farm.
- This contract contains the entire understanding of the parties and may be modified only by a writing signed by all parties. The invalidity or unenforceability of any term or provision of this
contract shall not affect the validity or enforceability of any remaining provisions hereunder. This contract shall be construed and governed by the laws of the state of Texas, and the parties
expressly agree the jurisdiction and venue for any and all disputes arising under this contract shall be proper only in San Jacinto County, Texas. In the event that the Farm incurs attorney's
fees and/or legal costs in securing or protecting any right available to it under this contract or under the laws of the state of Texas, the mare owner agrees to pay said attorney's fees and costs.