Catherine T. Dunnagan
1163 County Route #6
Fulton, NY 13069-4569
Phone: 315-598-3774 (Barn)
315-391-8003 (Cell)
On Farm Breeding Contract for FRENCH ACCENT
This certifies ______, hereafter referred to as Mare Owner, has engaged one
service to French Accent (TB #9317238, AQHA #T0506199), for the mare ______
Registration number______, Breed______, for the 2009 season at $1,000, subject to the following conditions:
1. BOOKING FEE. A non-refundable booking fee of $350 (Payable to Carousel Farm) is due with this contract. A booking will not be guaranteed without the payment of the booking fee, which is an included part of the breeding fee.
2. STALLION FEE. The contract balance of $650 (Payable to Carousel Farm) will be due and payable, at the time that the mare is checked in foal or leaves the farm, whichever occurs first (unless other arrangements have been made, payment plans may be available). No refund of any part of the entire stud fee will be made once the act of breeding of any kind has occurred. French Accent will stand at “live cover” for 2009 breeding season unless other arrangements are made.
3. PAYMENT. All accounts must be PAID IN FULL before a mare leaves the farm. Any account that is thirty (30) days or more past due will be subject to a $25/month on all past invoices. Past due billing is defined as amounts not paid within thirty (30) days. Additionally, the account may be placed for collection. No registration papers will be issued on the resulting foal until all bills are paid in full. The Mare Owner is responsible for all Veterinarian and Farrier expenses while the mare is maintained at Carousel Farm.
4. MARE RECORDS. A photocopy of registration papers (both sides) is required. If the mare is to be at our facilities, a current Coggins and health certificate, (within 60 days) and worming /vaccination record will be required. Mares that are not halter broken will not be accepted or mares that are deemed difficult to handle. The mare shall be in a healthy and sound breeding condition, free from infectious, contagious and transmissible diseases. The Stallion Owner reserves the right to refuse a mare if not in satisfactory condition or impose additional mare care fees if mare is underweight. If mare is refused, the booking fee shall constitute liquidated damages. It would be to the Mare Owner’s advantage to have a negative culture if the mare is open.
Please list the policy information under which your mare is currently covered for liability, enter the Insurance Company Name, Policy Number and Telephone Number. It is highly recommended but not required that all mares that come to our property be insured.
______
Insurance Company Name, Policy # and Telephone #
5. The Stallion owner agrees to diligently try to settle the mare; however, if the mare fails to settle, for any reason, Mare Owner will hold the Stallion Owner blameless. The Mare Owner agrees to give the Stallion Owner ample time to settle the mare.
6. LIVE FOAL GUARANTEE. Live foal means that the foal will stand, nurse, and live 24 hours with no death threatening complications. It is understood that if the mare proves barren, aborts her foal, or if the foal is stillborn, a return season will be guaranteed the following year, providing proper notification is given. Proper notification shall be defined as follows: As soon as pregnancy is doubted, Veterinary inspection to again
certify her status, or as soon as foal dies, immediate contact is required with the Stallion Owner. The Mare owner and Veterinarian must certify that such abortion or death did not result from any act or omission of the Owner subsequent to the mare’s departure from the farm. The entire breeding fee must have been paid in full
for this guarantee to be in effect. Should the mare miscarry, abort or prove barren after leaving the Stallion Owner’s premises, Mare Owner has the privilege to return her for breeding during the current 2009 breeding season, which for purposes of this contract is February 1, 2009 until July 1, 2009, or the following year, 2010.
7. WAIVER OF LIABILITY. It is understood and agreed that neither Carousel Farm, Catherine T. Dunnagan, Family Owners, Employees, Veterinarians, and Guest shall be liable for any injury, escape, disability or death of any horse on the premises.
Additionally, the Mare Owner assumes the unavoidable risks inherent with all horse related activities and further agrees to indemnify and hold harmless the Stallion Owner, Breeder, Veterinarian, Employees and all Family members of each in connection with any type of loss or injury resulting from this contract.
8. STALLION-MARE SUBSTITUTION. It is further agreed that should the above named mare die before foaling, the Mare Owner may substitute another mare that is as agreed to by both the Stallion Owner and the Mare Owner. (If the stallion is sold, arrangements will be made with the new owner for rebreed purposes, by Carousel Farm before the sale of the stallion is complete.) It is further agreed that should the above stallion die or become unfit for service during this season or the season immediately following the one in which the original breeding fee has been paid the mare does not have a live foal, the breeding fee will be returned as long as the mare owner is entitled to return privileges as stated above or another stallion owned by the farm may be substituted as long as Mare Owner and Stallion Owner agreed on the substitution of another stallion.
9. BREEDER’S CERTIFICATE. A breeder’s certificate will be issued to the Mare Owner as soon as they are provided by AQHA, ApHC, or any registered organizations, providing ALL expenses have been paid in FULL to the breeding farm, the farm’s Veterinarian, and to Carousel Farm and when mare has produced a live foal.
10. FEES. The Stallion Owner agrees to provide suitable facilities for the care and feed of mare and/or foal while at Carousel Farm for the breeding process. 2009 Daily Board; (Dry Mare) $15.00/day, (Wet Mare) $18.00/day. Additionally, the Mare Owner will be responsible for ALL fees and charges as billed by the Farm’s Veterinarian, and miscellaneous expenses incurred by the mare and/or foal. Contact will be attempted if prudent before Veterinarian Services are applied; if contact is not possible, treatment will be handled under the best judgment of the Veterinarian and Carousel Farm. Please notify in advance of any conditions pertaining to either mare or foal which may be a problem. Any special supplements to feed need to be supplied by Mare Owner and will be administered to mare and/or foal by Carousel Farm Personnel.
11. The Mare Owner bears all responsibility for insurance or risk of loss to the mare in connection with this contract. Additionally, the Mare Owner assumes the unavoidable risks inherent with all horse related activities, including but not limited to: the semen and risk of personal injury to the Mare Owner and his/her family or anyone else associated with the breeding efforts resulting from this contract. The Mare Owner agrees to look solely to his/her insurance for compensation for any breeding activity type loss, and further agrees to indemnify and hold harmless the Stallion Owner and Breeder, including Agents, Veterinarians, Employees, and all Family Member of each herein so described.
12. The Mare Owner further agrees, that this contract is made and entered into in the County of Oswego, the State of New York, in the United States of America, and that it shall be interpreted, enforced and transacted pursuant to the laws of said State and County regardless of the type of breeding, location or manner of breeding solicitation.
13. The Mare Owner’s signature on this agreement certifies that he/she has read and fully understands all of the terms and conditions outlined herein, and accepts this document as a legal and binding instrument on behalf of the Mare Owner and all future Heirs, Agents, Successors and Assigns. This Agreement constitutes the entire agreement between the parties. No further agreements, whether verbal or implied are included.
Proposed possible breeding date?______Is the mare currently in foal?______
Due Date of the Mare if she is in foal:______
Thank You! We look forward to doing business with you and the creation of a future Champion with this breeding.
AGREED AND ACCEPTED BY THE PARTIES HERETO:
______
Mare Owner/Agent – Date ______
Address of Mare Owner
______
______
Emergency Phone Numbers:
______
______
Stallion Owner – Date
______
Address of Stallion Owner
______
______
Comments and Special Notes:
______
______
______
______
______
______