THIS AGREEMENT is entered into by and between WOLF RUN FARM LLC, and (mare owner is listed here), hereinafter referred to as "MARE OWNER".
WHEREAS, the MARE OWNER, owns/leases respectively the MARE named (name of mare, registration number, date of birth, and sire & dam information listed here) hereinafter referred to as "MARE".
WHEREAS, Paint Stallion DENTS CHEYENNE CODY, AMHA Registration # A 88686, hereinafter referred to as "STALLION", is standing at WOLF RUN FARM, and the MARE OWNER wishes to breed said MARE to said STALLION during the 2001 season.
NOW, THEREFORE, IT IS AGREED:
1. MARE OWNER shall guarantee that said MARE is healthy and in sound breeding condition and free of infection, as determined by a licensed veterinarian. MARE OWNER shall insure that MARE'S immunizations for Rhinopneumonitis is current. WOLF RUN FARM reserves the right to request veterinary certification of negative intrauterine culture (within 60 days) , uterine biopsy and/or Progesterone assay should WOLF RUN FARM deem it necessary.
2. MARE OWNER agrees to pay WOLF RUN FARM in U.S. certified funds a fee of $700.00. Terms: $200.00 as a non-refundable booking fee with the return of this contract; balance of $500.00 as a Stallion Service fee paid prior to the shipment of semen. Said sums are non-refundable except as may otherwise be set forth in this Agreement.
3. It shall be the responsibility of the MARE OWNER to:
a. Pay Wolf Run Farm a Semen Collection fee of $ 125.00 per collection and provide a $300.00 deposit on the Equitainer.
b. Choose an agent for transportation of the Equitainer and incur the costs thereof. Federal Express and UPS Overnight are available as transporting agents with no additional charges. Airline transportation can be arranged at an additional charge of $ 20.00 for airport transportation to (PWM) Portland, Maine Jetport.
c. Furnish WOLF RUN FARM with a copy of the MARE'S registration certificate. In the event that a MARE is a leased mare, then MARE OWNER will furnish WOLF RUN FARM a copy of the lease agreement signed by the MARE OWNER and the current lessee of said MARE.
d. If Equitainer is not shipped directly to MARE OWNER, to pick up the Equitainer at the designated place and deliver it to location of the MARE.
e. Insure that the semen is administered by a licensed veterinarian on the day of delivery to only the MARE specified in this contract and insure that the inseminating veterinarian follows any and all instructions of the collecting veterinarian.
f. Return the container with ALL the contents, (excluding the semen), via UPS 2nd Day Air, within 24 hours after usage or incur a late charge of $20.00 per day.
g. Have MARE examined by a licensed veterinarian between 40 and 45 days after last cover and notify WOLF RUN FARM of her pregnancy status at that time. Sometime between the 40th and 60th day after the last cover, an insemination record and pregnancy status must be signed and returned to WOLF RUN FARM.
h. Assume all responsibility for the condition of the mare and bear all risk of loss or damage to the mare by death illness, injury, infection or otherwise, and agree to hold WOLF RUN FARM harmless.
4. It shall be the responsibility of WOLF RUN FARM to:
a. Warrant that the stallion is fit for breeding purposes; has been blood typed; that said blood type is on file with the American Miniature Horse Association, Inc. and that stallion is certified homozygous for the black gene by the Veterinary Genetics Laboratory at the University of California, Davis. There are no other warranties express or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
b. Deliver live semen in a viable condition at the time of the delivery two (2) times per heat cycle provided notification is given 24 hours in advance of projected shipping time. WOLF RUN FARM will collect and ship on any day of the week provided STALLION is not at a competition.
c. Guarantee live semen to leave WOLF RUN FARM. WOLF RUN FARM is NOT responsible for delays, cancellations, loss or damage of Equitainer from aircraft or any other means of transportation.
d. Guarantee availability of the STALLION for collection for the 1999 breeding season from February 1, 2001 to July 1, 2001. All breeding will stop on July 1, 2001 unless prior arrangements have been made.
e. Notify MARE OWNER by phone or mail of dates which the STALLION will be competing away from WOLF RUN FARM during the breeding season and therefore unavailable for collection.
5. None of the above mentioned fees are refundable. However, if MARE fails to conceive within two (2) heat cycles or 60 days, MARE shall be examined thoroughly by a licensed veterinarian, and depending upon said veterinarian's advice, a substitute mare may be used in the MARE'S place, by mutual consent of MARE OWNER and WOLF RUN FARM. WOLF RUN FARM guarantees a return breeding for said MARE or an approved substitute the same season and/or following season should a normal pregnancy and live foal not result from breeding during 1999. Failure to carry or produce a live foal is to be evidenced by a written statement from a licensed veterinarian within one (1) week of such determination. A "LIVE FOAL" for purposes herein, is a foal that is able to stand and nurse or is handfed for a period of 72 hours. Provided, the live foal guarantee will only apply if the death of the foal is related to an accident or injury arising out of the foaling process and, not due to third persons or acts of God. If the STALLION is not standing at stud at the time agreed for rebreeding, for any reason, including but not limited to death, illness, lease or sale, WOLF RUN FARM will refund 100% of the Stallion Service fee paid by the MARE OWNER. If the MARE OWNER fails to contact WOLF RUN FARM and provide the evidence and certification necessary to rebreed the MARE or an approved substitute before the conclusion of the subsequent breeding season, then any and all fees paid shall be forfeited and WOLF RUN FARM shall have no further obligation with respect to breeding said MARE or approved substitute.
6. All charges to be paid by MARE OWNER hereunder are due and payable upon presentation of invoice. A late charge will be computed by a "periodic rate" of 1-1/2 % per month on the balance outstanding. This corresponds to an APR of 18% on amounts past due 30 days or more.
7. I understand that should the STALLION die, be sold/leased by Wolf Run Farm or become unfit for service prior to serving the MARE, or if the MARE dies or becomes unfit to be bred prior to being serviced, this contract is and shall be null and void and the entire Booking fee and Stallion Service fee shall be refunded. This Agreement cannot be assigned or transferred by the MARE OWNER, and in the event the MARE is sold, no refund shall be due from WOLF RUN FARM.
8. This Agreement is executed in duplicate and shall be legally binding on the parties hereto, and their heirs, executors, administrators and assigns This Agreement shall be construed and enforced under the laws of the State of Maine. Jurisdiction for any arbitration or court action shall be in the County of York in the State of Maine.