Trailsend Stable Stallion Service Agreement 2010
Agreement entered into this _______day of _______________, 2010 by and between Tracey Schork, hereinafter referred to as “Stallion Owner” and ___________________________________ hereinafter referred to as “Mare Owner”.
In consideration of the following obligations and covenants, and in exchange for good and valuable consideration, the receipt of which is hereby acknowledged, Stallion and Mare Owner agree as follows:
1. Mare owner may be contacted at the following location:
Street Address: _______________________________________ City: ______________________ State: _________ Zip: _____________
Home Phone: _______________________________ Cell: _______________________________ Fax: _____________________________
2. Stallion Owner may be contacted at the following location: Tracey Schork 2875 Trailwood Lane Ann Arbor, MI 48105
Phone: (734) 747-9684 home (734) 945-4938 cell Website: www.trailsendstable.com or email schorky@aol.com
Mare Owner agrees that all correspondence or notifications that may arise under this agreement shall be forwarded to Stallion Owner at the above address. In addition, any direct communication shall have been considered having been made if Mare Owner should attempt to contact Stallion Owner at the phone number listed above.
3. All payments for services rendered, including booking fees and breeding fees shall be paid
by Mare Owner directly to the Stallion Owner.
4. Stallion Owner agrees to provide breeding services to the mare described below by the stallion ‘Reesling’ for the 2010-breeding season. The breeding season begins April 1st of said year and ends August 1st of same year. Breeding after August 1, 2010 shall be at the discretion of the Stallion Owner.
5. Mare Owner agrees to pay Stallion Owner a non-refundable booking fee in the sum of $250.00 upon execution of this agreement. In addition to the booking fee, Mare Owner agrees to pay the Stallion Owner a breeding fee in the sum of $1250.00 upon execution of this agreement. Mare Owner agrees that all fees shall be paid in full prior to the shipment of any semen by Stallion Owner.
6. The mare to be bred pursuant to the terms of this agreement is described as follows:
Name of horse: ______________________________________ Breed registry & Number: ______________________________________
Date Foaled: ________________________________________ Breeding status of mare: ________________________________________
7. Mare Owner shall pay Stallion Owner the sum of $225.00 per collection for each time Mare Owner requests a shipment of semen. Mare Owner shall also pay transportation charges for semen shipment. Stallion Owner will consult with Mare Owner to find the most economical shipper who can best accommodate the mare’s ovulatory cycle.
8. Mare Owner shall give the Stallion Owner as much advance notice of request for semen as possible. Stallion Owner would prefer 24 hours notice.
9. Mare Owner further agrees to return the containers used to ship semen within 48 hours after receipt of container by Mare Owner. Stallion Owner reserves the right to charge a late fee of $12 per day for containers that are not returned promptly. Mare Owner agrees and understands that additional semen shipments may be delayed until containers are returned to Stallion Owner.
10. Stallion Owner agrees to deliver semen, in viable condition, to the Mare Owner. Mare Owner agrees to inseminate transported semen as soon as possible after receipt, no later than the day of arrival.
11. In the event that the mare fails to produce a live foal as a result of the breeding, Mare Owner shall be entitled to have the mare re-bred the following season for an additional booking fee of $250.00 and additional semen collection charges. A live foal shall be defined as a foal that stands and nurses without assistance. As a condition precedent to granting a re-breeding to the mare, Mare Owner must furnish a Veterinarian’s Certificate within ten (10) days of the foal’s death, absorption, or when it otherwise becomes known to the Mare Owner that the mare is no longer pregnant. The Veterinarian’s Certificate shall state that the mare did not produce a live foal as defined in this paragraph and that the mare was maintained in a healthy condition while carrying her foal. The Certificate shall also contain the veterinarian’s verification that the appropriate rhinoneumonitis vaccinations were given at a maximum of 90-day intervals beginning at 5 months of pregnancy. In the event that the Mare Owner’s veterinarian deems that the mare is unfit for re-breeding the following breeding season, an appropriate substitute mare may be allowed at the discretion of the Stallion Owner.
12. In the event that the Mare Owner’s veterinarian deems the mare unfit for re-breeding and the Mare Owner does not wish to substitute another mare, the right to rebreed shall remain valid for a period of one (1) additional year. Re-breeds after that time shall be at the sole discretion of the Stallion Owner.
13. Should Stallion Owner determine that the Stallion is not in a fit condition to breed, or in the event that the Stallion has been sold or has died, Stallion Owner shall notify Mare Owner and thereafter this Agreement shall be of no further force and effect. However, the breeding fee, not including expenses and booking fee, shall be refunded to Mare Owner by Stallion Owner at the discretion of the Stallion Owner.
14. Mare Owner agrees that the Stallion Owner, employees, agents, assigns and associates shall not be liable to Mare Owner or any other party for the failure of the mare to produce a live foal for any reason. Mare Owner agrees and understands that the Mare Owner’s sole remedy shall be to either have the mare re-bred pursuant to paragraph 11 or the be compensated for the breeding pursuant to paragraph 13 only if the stallion is unavailable for breeding and at the stallion owners discretion.
15. This agreement and the rights hereunder shall not be assignable or transferable by Mare Owner to any third party without prior written approval of Stallion Owner and no substitute of the mare to be bred shall be made without prior written approval of the Stallion Owner.
16. The parties agree that the term and conditions of this agreement may not be modified or varied in any way without an express written agreement signed by Mare Owner and Stallion Owner.
This contract is executed on the day and year written above.
Mare Owner: ________________________________________Date:________
Stallion owner:_______________________Date:_________
(mare owners, please initial items #10 to #15)