Hunting Crest Farms
16750 Thompson Road-Black Forest-CO 80908
(719) 494-0158

STALLION SERVICE AGREEMENT AND LIABILITY RELEASE

THIS STALLION SERVICE AGREEMENT AND LIABILITY RELEASE ("Agreement") is made and entered by and between ______________________________(hereinafter, "Mare Owner"), and ______________________________ (hereinafter, "Stallion Owner"), and Hunting Crest Farms (hereinafter collectively, "Breeding Facility"), on this _____ day of __________, _______.

Mare Owner and Stallion Owner hereby agree as follows:

1. Purchase of Breeding. Stallion Owner hereby sells and Mare Owner purchases a _______ breeding season to the following stallion: ______________________________, __________ Reg No._______________ (hereinafter referred to as "Stallion"), which entitles Mare Owner to breed Mare (defined in paragraph 11) to Stallion during the _______ Breeding Season (Feb 1^st-July 31^st), subject to the terms and conditions of this Agreement.

2. Stallion Service Purchase Price. Mare Owner agrees to pay to Stallion Owner the total fee of $__________ in U.S. funds (plus applicable sales tax, if any). Included in the total fee is a non-refundable booking fee of $ 250 due and payable at the execution of this Agreement.  The balance of the stallion service fee is due and payable when Mare Owner retakes possession of Mare, or prior to shipment of semen to the location designated by mare owner. An additional booking fee must be paid for each re-breed conducted after the year of initial service.  Stallion availability may vary due to show, training, and breeding schedules.  Not all stallions may be available all season. 

PLEASE CHECK WHICH BREEDING OPTION YOU WILL BE USING.  (Live Cover, Cooled Semen, Frozen Semen)

¨ 3. Live Cover/Mare Care. Mare Owner agrees to pay for care and feeding of mare while in Breeding Facility's custody at $10 per day for dry mares; $15 per day for wet mares; and $15 per day for show mares.  Mare Owner has inspected Breeding Facility's facility and is satisfied with same.  Live Cover services include breeding mare thru a maximum of three (3) heat cycles. 

¨ 4. Cooled Semen Shipping Fees. In addition to the Stallion Service Purchase Price set forth above, Mare Owner agrees to the following for each additional shipment of cooled semen. The first shipment of semen is included in the Stallion Service Purchase Price.

A. Pay Breeding Facility before each semen shipment a transported semen fee of $150 (covering costs related to collection, handling, and next day delivery) or $250 (covering cost above plus same day air freight and courier fees);

B. Return EquitainerÔ to Breeding Facility within twenty-four (24) hours after insemination. If EquitainerÔ is not received within five (5) working days from shipment from Breeding Facility, Mare Owner will be assessed a $25 daily rental fee; and

C. Pay Breeding Facility before each semen shipment a $300 deposit on the EquitainerÔ. The deposit is fully refunded to Mare Owner when EquitainerÔ is returned, without damage and all parts intact, to Breeding Facility.

5. Ordering Cooled Semen. Mare Owner must notify Breeding Facility in person or by phone a minimum of twenty four (24) hours prior to shipment date.   Semen must be evaluated by a licensed veterinarian upon arrival.  If there is any question as to viability, the mare should still be inseminated.  Breeding Facility will not ship semen via ground carrier/ie. FedEx on a Sunday or Holiday.

¨ 6.Frozen Semen Shipping Fees. (Not available for all stallions)  The Stallion Service Purchase Price set forth above, includes _____ doses of frozen semen, with each additional dose to be purchased at $__________. In addition to the Stallion Service Purchase Price set forth above, Mare Owner agrees to the following for each shipment of frozen semen:

A. Pay Breeding Facility before each semen shipment a transported frozen semen fee of $__________ (covering costs related to loading fees, handling, and second day delivery);

B. Return Dry Shipper to Breeding Facility within twenty-four (24) hours after unloading of straws. If Dry Shipper is not received within five (5) working days from shipment from Breeding Facility, Mare Owner will be assessed a $__________ daily rental fee; and

C. Pay Breeding Facility before each frozen semen shipment a $__________ deposit on the Dry Shipper. The deposit is fully refunded to Mare Owner when Dry Shipper is returned, without damage and all parts intact, to Breeding Facility.

7. Ordering Frozen Semen. Mare Owner must notify Breeding Facility a minimum of five (5) days prior to shipment date.

The above fees in paragraph 2, 3, 4 and 6 do not include veterinary, farrier, or other services. Mare Owner agrees to pay charges for these services as they become due.

Breeding Facility will submit monthly invoices to Mare Owner for mare care, veterinarian, or farrier, and other obligations pursuant to this Agreement, and full payment is required within 10 (ten) days from the date of each invoice. In the event that Mare Owner fails to make timely payment to Stallion Owner of any invoice sent pursuant to this Agreement, Breeding Facility reserves the right to impose, after ten days from the date payment is due, a late payment fee of 18 % per annum on all unpaid sums. A business purpose for this transaction is mutually understood. Breeding Facility will not release Mare and/or foal until all charges have been paid to Stallion Owner and Breeding Facility in full.

8. Live Foal Guarantee. If the Mare Owner's mare is barren, aborts or fails to produce a single live foal that can stand up and nurse, Stallion Owner will allow Mare Owner a return breeding privilege of the Mare to Stallion (or a substitute mare if acceptable to Stallion Owner) in the next breeding season only, provided that Mare Owner furnishes a satisfactory certificate issued by a licensed veterinarian attesting to either occurrence within thirty (30) days of the date of the occurrence. An additional booking fee, in the amount set forth in paragraph 2, above, must be paid for each re-breed conducted after the year of initial service.  New health and Coggins certificates are required for a substitute mare or new breeding season.

9. Extinguishment of Foal Guarantees/Damages. The purchase price set forth in paragraph 2, above, shall either be retained by or become immediately due and payable to Stallion Owner as liquidated damages and the Live Foal Guarantee above becomes null and void if Mare Owner does any of the following:

A. Fails to pay fees due under this contract;

B. Takes Mare (defined in paragraph 11) home before Breeding Facility has a reasonable and sufficient opportunity to settle Mare (that is, having the Mare bred through at complete heat cycle or being certified in foal by a licensed veterinarian); and/or

C. Breeds the Mare to another stallion in the _______ breeding season without the written permission of the Stallion Owner.

10. Stallion Owner's Warranties and Disclaimers. Stallion Owner makes the following warranties and disclaimers, and Mare Owner accepts each one:

A. Stallion Owner is the sole owner of the stallion referenced in paragraph 1, above, and has full authority and power to transfer title to a breeding season to Mare Owner. The season granted under this contract is free from all liens and encumbrances.

B. Stallion Owner, Breeding Facility, its agents, employees, representatives, and/or assigns shall not be responsible for any disease, injury, death, theft, or accident to the Mare (and her foal, if any).

C. STALLION OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE HEALTH CONDITION AND FERTILITY OF THE STALLION AND SPECIFICALLY DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF THE BREEDING SEASON PURCHASED UNDER THIS AGREEMENT. FURTHER, STALLION OWNER MAKES NO EXPRESS WARRANTIES OTHER THAN THOSE STATED IN PARAGRAPH 8.

11. Mare Owner's Warranties and Disclaimers. Mare Owner warrants to Stallion Owner as follows:

A. Mare Owner is the owner (or Lessee of record) of the mare named: ______________________________, __________ Registration No.:_______________ [which is currently ¨wet ¨dry ¨maiden], or a substitute thereto pursuant to paragraph 15 of this Agreement (collectively referred to as "Mare"), which Mare Owner will present to for breeding to Stallion during the _______ breeding season under this Agreement.   Mare’s Insurance Information:  _________________________________________________________________________________

B. Mare is, to Mare Owner's knowledge, free from transmittable illnesses or diseases, and a Health Certificate and negative EIA/Coggins test  issued by a licensed veterinarian within the past ninety (90) days applicable to Mare is attached to this Agreement, if Mare is to be brought to breeding facility.

C. Mare Owner will be solely responsible for seeking registration of the resulting foal in the appropriate breed registry/registries and will pay all associated fees or expenses. Mare Owner will be solely responsible for DNA/blood typing resulting foal and will pay all associated fees or expenses. A copy of registration papers are attached to this Agreement.

D. If the Mare is to be brought to the breeding facility, the Mare is halter broken, will stand and cross tie, and must be reasonably safe for handling and breeding.  If the mare is determined to be unsafe, the contract is null and void.  Mare Owner will remove rear shoes from Mare or allow Breeding Facility to do so. Mare Owner will allow Breeding Facility to tranquilize the mare via intravenous or intra-muscular injections should it become necessary for the safety of mare/stallion and handlers.  In addition, Mare Owner will allow Breeding Facility to have its veterinarian check Mare for normal breeding conditions and to perform pregnancy testing or such other veterinary services as Stallion Owner deems necessary. Mare Owner shall pay all fees for such veterinary services. 

E. Mare Owner will pay Stallion Owner and Breeding Facility's costs and expenses (including reasonable attorney's fees) if Mare Owner has breached any material term of this Agreement. Coloado law shall govern this Agreement and any modifications. If any part of this Agreement shall be determined to be in violation of applicable law, the remainder of this Agreement shall not be invalidated. Any disputes arising out of this Agreement shall be brought in a court of competent jurisdiction located in the State of Colorado in or near Colorado Springs, Colorado. Mare owner agrees to pay any and all costs associated with collections of this debt including, but not limited to, collection agency fees, attorney fees, and court costs as applicable.

12. Release/Hold Harmless. Mare Owner agrees to hold harmless and release Stallion Owner, Breeding Facility, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of being on the premises of Hunting Crest Farms (unless Stallion Owner or Hunting Crest Farms caused the injury, damage, or loss intentionally or in reckless disregard for the safety of the Mare Owner).

Mare Owner agrees to hold harmless and release Stallion Owner, Breeding Facility, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of the breeding, handling, or keeping of the Mare at Hunting Crest Farms that may accrue from any cause whatsoever (including fire, theft, running away, accidents, illness, injuries or death) during the term of this Agreement and/or while the Mare (and foal, if any) is/are in the Breeding Facility's custody and control.

Mare Owner agrees to hold Stallion Owner and Breeding Facility harmless if Mare does not settle.

13. Colorado Law Warning Notice.
WARNING-- Under Colorado law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of the equine activities.

14. Indemnification. Mare Owner shall be solely responsible for all acts and behavior of Mare at all times while this Agreement is in effect. In no case shall Stallion Owner, Breeding Facility, and their respective agents, employees, representatives, assigns, affiliated persons, veterinarians, and/or others acting on their behalf be liable for the acts and behavior of Mare unless they directly caused the injury due to gross negligence or willful and wanton misconduct on their part in breeding, handling, and/or keeping of the Mare. Mare Owner also hereby agrees to indemnify and hold Stallion Owner and Breeding Facility harmless against all damages sustained or suffered by any third person [not a party to this Agreement, including but not limited to Mare Owner's guests, visitors at Hunting Crest Farms, etc.] that were caused by the acts of the Mare, or her foal.

15. Substitute Mare/Stallion Owner's Refund Policy. In the event of the death or incapacity of the Mare, Mare Owner shall be required to breed a substitute Mare to the Stallion, provided that the Stallion Owner 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/chute fee will, at all times, be retained by the Breeding Facility.

16. Veterinary Treatment. If farm breeding option is selected, Mare Owner will allow a veterinarian selected by Stallion Owner, or Stallion Owner's Stallion Manager, to check the Mare for normal breeding conditions and to perform reasonable services Stallion Manager deems necessary (such as pregnancy testing, palpation, emergency care, suturing, etc.). Mare Owner agrees to pay all fees for such services.  These fees are due and payable prior to Mare leaving the Breeding Facility.

17. Stallion Service Certificate. Stallion Owner reserves the right to withhold issuance of a Stallion Service or Breeder's Certificate applicable to the breeding hereunder until Mare Owner is current on all payment obligations to Stallion Owner.

18. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to its subject matter. All prior promises or understandings (either oral or written) between Mare Owner and Stallion Owner shall be void unless contained in this Agreement. Modifications to this Agreement will only be valid if in writing and signed by both Mare Owner and Stallion Owner.

19. Assignment. This Agreement is not assignable by Mare Owner without the written permission of Stallion Owner.

20. Additional Terms and Conditions.

______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

MARE OWNER:

By:___________________________________

Print Name:____________________________

Date of Signature: _______________________

STALLION OWNER OR BREEDING FACILITY:

By:___________________________________

Print Name:____________________________

Date of Signature: _______________________

NOTE: If Mare Owner is a partnership or business entity, Mare Owner must present sufficient proof to Stallion Owner that the signing party has authority by the entity to execute this Agreement.  If mare is leased, a copy of the lease must be attached.

CHECK LIST:  Agreement, Health Certificate, Negative EIA/Coggins Certificate, Copy of Registration Papers.  Non-refundable Booking Fee or Total Fee.