Steele Hart Shipped Semen Contract
THIS AGREEMENT is made and entered into this ___ day of _____________, 20___, by and between ___________________________hereinafter referred to as "Mare Owner," and The Steele Hart Partnership, hereinafter referred to as "Stallion Owner."
WHEREAS The Steele Hart Partnership is the owner of the stallion, LilSonOfADun APHA Registration No. 00506717, (AQHA Registration Number Pending) and the Mare Owner is the owner of the mare, ________________________, breed _____________, Registration No.__________________, and whereas the parties hereto desire to contract for shipped semen during the breeding season of 20___.
NOW THEREFORE, it is agreed as follows:
1. Upon payment of $500 booking fee, which is non-refundable, the Stallion Owner does hereby reserve for the Mare Owner one season's shipped semen booking for 20___ to LilSonOfADun for the service of the aforementioned mare only. A copy of the aforementioned mare's registration certificate must accompany the booking fee.
2. The Mare Owner agrees to pay the total balance of the breeding fee, in the amount of $_______, before the first shipment of semen is made.
3. In addition to the booking fee, the Mare Owner agrees to pay any applicable Chute fees- up to $350 (per year, not per shipment) and any applicable lab/shipping fees- up to $200 per semen shipment, payable prior to each shipment. Chute fees and lab/shipping fees vary depending upon the stallion station that is used, and the mare owner will be charged the stallion station’s actual fees, or the fees listed above, whichever is less. Stallion Owner will ship live semen with a concentration level adequate to inseminate one mare. If the mare does not become in foal, shipments of semen will be made until the end of the breeding season when the breeder will no longer collect the stallion for that year (up to a total of 3 shipments for a year). If the mare is still not in foal, the Mare Owner is entitled to rebreed to LilSonOfADun for the following year's breeding season. While no new breeding fees will apply, Mare Owner must pay all collection and transportation costs, and must provide a written statement from a qualified veterinarian that a uterine culture was performed and the aforementioned mare is in good breeding health.
4. Mare Owner agrees to pay a $275.00 deposit on the cooled semen Equitainer, in the event that one is used, prior to the first shipment. This deposit will be refunded when the mare is checked in foal or at the completion of shipments AND after the container has been returned undamaged. Mare Owner agrees to return Equitainer by overnight express or second day air at Mare Owner's expense. If Equitainer is not returned within three (3) days, there will be an additional charge of $25.00 per day deducted from deposit.
5. Stallion Owner guarantees a Live Colored Foal (defined as one that stands and nurses within 48 hours without assistance, and is Palomino, Buckskin, Buckskin/Dun, Palomino/Dun, Grullo, or Smoky Black in color; TOBIANO, TOVERO, OVERO, APPALOOSA SPOTTING PATTERNS NOT GUARANTEED). This is to be evidenced by a written statement from a qualified veterinarian. If the mare does not produce a live colored foal in 20___, the Mare Owner will receive a free rebreed in 20___. Lab/shipping charges will be the same as agreed in 20___. Return rebreedings must be preceded by a written veterinarian statement, attesting that the aforementioned mare has no tract infections and is in good breeding health.
6. This contract shall not be assigned or transferred by either party hereto
without the written consent of the other party.
7. A Breeder's Certificate will be issued only when stallion breeding fees and other related fees are paid in full and after notification of the foal's birth.
Steele Hart Shipped Semen Contract- Page Two
8. Should the stallion die or become unfit for service before any necessary breeding/rebreeding, then this contract shall become null and void and the breeding fee will be refunded, less any outstanding amount due. A replacement stallion may be used if agreeable by both parties.
9. The parties entering into this agreement agree to negotiate in good faith to resolve any dispute related to this contract. If the dispute cannot be resolved by negotiations, the dispute will be submitted to mediation before resorting to litigation. A mutually acceptable mediator will be chosen by both parties, who will also share the cost of mediation equally. The laws of the State of Wyoming and the County of Freemont govern this contract, and any litigation arising from this contract must take place in Fremont County, Wyoming.
10. Implied guaranties and warranties, including those of fitness for a particular purpose and merchantability are specifically limited, except as expressly set forth in this agreement.
11. Ship Semen in care of_____________________________________________________________________ Shipping Address___________________________________________________________________________ City_______________________________________ State____________ Zip_____________________ Telephone Number______________________________ Fax Number ________________________________ Email Address___________________________________
Mailing Address (if different from Shipping Address)_______________________________________________ City _______________________________________ State ______________ Zip_____________________ Veterinarian or Stallion Station ________________________________________________________________ Telephone Number________________________________
Date of Acceptance____________________________
____________________________________________ __________________________________________ Signature of Mare Owner Signature of Stallion Owner, Manager or Lessee
____________________________________________ ___________________________________________ Name of Mare Owner as it should appear on Breeder’s Name of Stallion Owner as it appears on Certificate Certificate