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 SACRED SPRINGS FARM LUSITANO  BREEDING CONTRACT 

This agreement is made and entered into this _______day of _________, 20__, by and between SACRED SPRINGS FARM, hereinafter referred to as “SSF” and______________________, hereinafter referred to as the “mare owner.” 

Whereas all parties performing under the terms of this agreement desire to produce a healthy foal from the breeding of  OTHELO,  INTERAGRO ,a  purebred, registered Lusitano stallion and the mare___________________, a registered ____________________;

THEREFORE , IT IS AGREED AS FOLLOWS: 

1. Does hereby reserve for mare owner one season’s breeding in 20__ to said stallion for cover of said mare under the terms and conditions of this agreement.

2. Mare owner agrees to pay the non-refundable portion of the breeding fee at the time of this agreement. The non-refundable portion, hereinafter referred to as “booking fee” is _____________ (to be determined).  Mare owner further agrees to pay the remainder of the stud fee, which is _____________ if the mare is a Lusitano or ___________________ if the mare is a non-Lusitano or less than one-half Lusitano at the time of the breeding, unless other financial arrangements are made in writing between the parties.

3. In the case of live or natural breeding, mare owner agrees to deliver said mare to 1679 North Poes Road, Flint Hill, VA 22627 and board mare at said location for _____________ per day for her care and hay only. Mare owner agrees to make financial arrangements with SSF’s veterinarian, including a financial deposit if required, to enable SSF to have mare examined and palpated as necessary for breeding.

4. LIABILITY WAIVER: the parties hereto are aware that during any activity on a horse farm hazards and dangers may occur, including risks of death, bodily injury, and property ( includes horses) injury and damage. The parties hereto agree to indemnify and hold harmless each other, their heirs, agents, or employees, for any and all claim or liability for loss, illness, or injury of horses, people or property at SSF farm/property, while mare is being bred or handled or otherwise under SSF’s control, or which may arise out of or in connection with this agreement. This release shall extend to all claims of every kind and nature whatsoever, whether known or unknown under state or federal statues, which the parties may now have, have forever had, or may have in the future. The parties hereto acknowledge that they have carefully read this liability waiver and know and understand the content thereof, and that they are voluntarily signing this breeding agreement which fully incorporates this liability waiver/release.

5. MARE OWNER WARRANTS that said mare is in healthy condition and has had current vaccinations and wormings. Further, mare owner agrees to have the mare (and pay the cost therefor) cultured and palpated by a veterinarian, and to have (and pay the cost therefor) the mare treated by a veterinarian for any infections or problems which the veterinarian may identify. In the case of live breeding, mare owner also agrees to remove or cause to be removed the hind shoes of the mare and gives express permission to SSF to administer Acepromazine (horse tranquilizer) intramuscularly to mare and/or lip twitch the mare at the time of the teasing, examination, or breeding, if SSF deems it is in the best interest of safety to people and horses.

6. Mare owner gives SSF express permission to call a veterinarian (or farrier) on an emergency basis, without first contacting mare owner, if an emergency arises in which SSF feels that time is critical and immediate attention is necessary. SSF will attempt to contact mare owner as soon as possible to apprise mare owner of such emergency situation. Mare owner agrees to be responsible for and pay for any veterinary or farrier expenses incurred on behalf of the mare owner.

7. Mare owner agrees to care for the mare’s safety and health with respect to handling, feeding, watering, exercise and proper veterinary care (including worming and rhinopneumonitis vaccination during pregnancy) from the date of this contract until the time of weaning of the foal, since it is the desire of mare owner and SSF that this breeding should produce a healthy offspring. If mare aborts or does not give birth to a live, healthy foal, SSF has the right to see documentation concerning the mare’s wormings and immunization during pregnancy.

8. SSF agrees to execute a Certificate of Breeding and all necessary documents for the registration of the offspring of this breeding, provided all financial obligations have been fulfilled by mare owner under the terms of this agreement.

9. The owners of mares who have not settled within three (3) full heat cycles, if bred on three cycles, may cancel this agreement and be entitled to a full refund of the stud fee portion of the breeding fee (the amount of which is set out in paragraph 2 above), provided mare be examined by mare owner’s veterinarian ninety (90) days from the last breeding date (by SSF’s stallion) and a veterinarian’s written statement as to pregnancy forwarded to  at that time. SSF agrees to accept a determination of non pregnancy earlier than 90 days if confirmed by ultrasound examination. Service of mare by another stallion during the ninety days after her last breeding to OTHELO INTERAGRO, in the absence of the aforementioned non pregnancy determination by ultrasound examination , automatically voids SSF’s obligation to refund stud fee.

10. In the event the mare aborts or the foal does not stand, nurse (by hand if necessary), and live for forty eight (48) hours after birth and during that time be expected to live and be healthy, SSF agrees to give mare owner rebreeding privileges at any time within two years from the date of the death of the foal or, if applicable, during the year the mare aborts or the season following the abortion. The death of the fetus/foal shall be evidenced  by a written statement from the mare owner’s veterinarian. In the event of such a rebreeding the mare owner will again be responsible for the payment of the mare owner’s veterinary charges for their mare as well as payment of the booking fees ($250.00). 

11. In the event the mare is unable to rebreed, as evidenced by death or ill health, mare owner may breed a substitute mare subject to SSF’s approval of the mare. If SSF does not approve the mare, the stud fee will be refunded to mare owner by SSF. 

12. In the event the stallion is unable (as evidenced by ill health or his death), to rebreed the mare, another LUSITANO stallion with compatible bloodlines may be offered for rebreeding to said mare. If a substitute is not acceptable to mare owner, the stud fee will be refunded to mare owner by SSF. 

13. SSF reserves the right to refuse service to any mare or cancel this agreement with no notice and without recourse to mare owner if said mare is not halter broken, is a habitual aborter, has been bred any two consecutive years without producing a life foal, does not settle after being bred on three heat cycles, or become ill, injured, dangerous or unmanageable. In such case, stud fee shall be refunded to mare owner.

14. This agreement may not be assigned or transferred by either party hereto without the written consent of both parties.

15. IN THE CASE OF TRANSPORTATION OF SEMEN AND ARTIFICIAL INSEMINATION it must be understood that a great deal of cooperation, telephone contact, and added veterinarian expenses will be incurred, Mare owner agrees to have mare palpated for a breedable follicle by a veterinarian and to give SSF 24-48 hours notice that the mare needs to be inseminated. Mare owner agrees to pick up the semen as directed by SSF, to transport semen to the mare in a careful manner, and to have the mare inseminated promptly by a licensed veterinarian. Mare owner agrees to have the mare palpated by  a veterinarian the day after she is bred to determine if the mare has ovulated.

In the case of commercial transportation by air, express freight, federal express, etc. Mare owner will pay the cost of transportation (approx.$20.00 to $75.00). Mare owner agrees to pay the veterinarian fees for collection and preparation of the semen for transportation (approx. $100.00) and to immediately return the shipping container in good condition to SSF by Federal Express overnight service or United Parcel Service one day service, whichever is fastest, unless SSF gives express permission to return the container by a slower method. SSF may require a deposit to ensure the fast return of the shipping container.

If properly handled by the mare owner and mare owner’s veterinarian, SSF WARRANTS THE SEMEN TO BE LIVE AND HEALTHY and capable of impregnating a mare if used within 48 hours after collection. If that is not the case, mare owner will not be responsible for paying collection and shipping fees and may terminate this contract with a full refund of stud fee portion of the breeding fee.

The preceding agreement has been understood and accepted. There are no oral terms and conditions of this agreement. Either party may terminate this agreement for failure of the other party to meet material terms of this agreement.

 

EXECUTED this_____ day of___________,20__, at Flint Hill, VA       

 

 


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