WITNESS THIS AGREEMENT this ______ day of __________, 2014, between Rodney VanGundy,
hereinafter referred to as "Breeder," and _________________________________________, hereinafter referred to as "Mare Owner."
WHEREAS, Mare Owner is the owner
or lessee of a certain mare having the registered name of _________________________________, with the ____________ Registry,
Registration No._____________, foaled __________________ (give description of mare if unregistered), and
WHEREAS, Mare Owner wishes to breed
said mare as above described to the stallion, SUNFROST BRONSIN, AQHA #4280886, foaled 2002.
IT IS NOW THEREFORE AGREED between
the parties as follows:
Booking, Stallion, Shipped Semen
and Fees
(A) Mare Owner agrees to pay a booking
fee of $100.00 to reserve a breeding for the 2014 breeding season, which shall be credited against the Stallion Service Fee.
This fee is included in the breeding fee and is not an additional fee.
(B) For consideration of $750.00,
excluding mare care and shipped semen fees, Breeder hereby agrees to breed the stallion, SUNFROST BRONSIN, as above described
to the mare belonging to Mare Owner as above described.
(C) Shipped Semen will be available
to Mare Owner. All booking fees must be paid in full before any semen will be
shipped to Mare Owner. Semen is shipped only Monday through Friday during breeding
season. Semen will not be available on National Holidays. All requests for semen must be made the day before or by 9:00 AM
Eastern Time on a shipping day. Shipped semen may be available "counter to counter". Please contact breeder for rates and
availability.
(D) Return of Shipped Semen container
is the responsibility of the Mare Owner.
(E) The full amount of the stud
fee and other fees as set forth above shall become due and payable after said mare is checked in foal. Mare Owner agrees to
pay all charges when due and should Mare Owner fail to do so, Breeder shall be entitled to recover any costs, expenses and
attorney's fees expended in collection. In the event collection of Owner's account is placed in the hands of an attorney,
Owner agrees a minimum fee of $400.00 shall be assessed as attorney's fees.
General Conditions
This contract is a "Live Foal" contract.
"Live Foal" is herein defined as a newborn foal, which stands and nurses without assistance. If the foal is born dead, or
if the mare does not otherwise carry to term, there shall be a return privilege for the following breeding season only if
the notification procedures as set forth below are followed.
None of the above-described fees
shall be refundable except as described below. However, Breeder guarantees a return breeding for the following breeding season
for said mare or an approved substitute should a "live foal" as above described not result from this mating. Should this mating
not produce a live foal, it must be evidenced by a written statement from a licensed veterinarian dated within one week from
the date of death of the fetus, or in the alternative, a sworn statement from said veterinarian that the mare is no longer
in foal and the date of fetus loss is unknown.
In the event of the death of the
above-named stallion, this contract shall become null and void. No money shall be refunded to mare owner except the booking
fee if the mare has not been bred. In the event of the stallion's death prior to the delivery of a live foal, the live foal
guarantee as above described shall become null and void. Should the mare die subsequent to payment of the booking fee but
prior to breeding, only the booking fee will be refunded to Mare Owner. No other fees or charges are refundable except as
described in this paragraph.
It is understood that the breeding
season for Breeder commences on February l of the calendar year and terminates July 31 of the same calendar year. Mares who
do not come into season or are not settled within said breeding season as above described shall be carried over to the following
year, or may be re-bred during the following heat(s) if it is practical for Breeder to do so. In the event mare owner elects
to rebreed during the following breeding season, Mare Owner agrees to pay any increase in the shipped semen fee, chute fee,
or mare care fee.
Sale of the mare by Mare Owner to
another party or parties will terminate the live foal guarantee as set forth above and described in this contract unless same
is acknowledged and accepted in writing by Breeder.
A $75.00 return check fee will be
charged for every return check received by the Breeder.
Breeder requests that you return
a copy of your mare's registration papers when returning this contract.
Warning-Under Ohio law, an equine
activity sponsor or equine professional is not liable for an injury to or the death of a participant in an equine activity
resulting from an inherent risk of equine activity, pursuant to H.B. No. 564, Section 2305.321, Ohio General Assembly, 1996.
This contract represents the entire
agreement between the parties. No other agreements, promises, or representations, verbal or implied, are included herein unless
specifically stated in this written agreement. This contract is made and entered into in the State of Ohio, and shall be enforced
and interpreted in accordance with the laws of said State.
In the event one or more parts of
this contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.
Additional agreements should be
separately initialed by each party. If none, check here ____.
Rodney VanGundy
By:
MARE OWNER
___________________________________
Signature
___________________________________
Address
___________________________________
City
State, Zip
___________________________________
Phone
___________________________________
Fax
___________________________________
E-mail