PO Box 183, Knightsen, CA 94548 (925) 679-8189

Stallion Service Contract

I hereby agree on the date of __________________, to breed the mare named below to the Stallion: ___________________________, Reg. No. ____________ for the _________ season subject to the following conditions: Initials: ________

Name of Mare: _______________________________ Reg. No.: ____________ Yr. Foaled: _____

  1. The Stallion Fee is ______________, including a non-refundable booking and/or chute fee of ________, which shall be payable upon execution of this contract. If you decide to breed two or more mares to this stallion, a discount of ________ per mare, will be applied to your account. The balance shall be payable when mare is pronounced safe in foal, or when the mare is picked up from the ranch after having been exposed to the stallion. All other expenses, including board, shall be payable monthly. Any unpaid balances must be paid in full before the mare is released.
  2. Stallion Manager (Harmony Performance Horses) agrees to provide suitable facilities for the care and feed of mare and/or foal while in their custody. Mare owner agrees to the following rates: _________per day for individual dry mares, ________ per day for individual wet mares.
  3. Stallion Manager will exercise judgement in care and supervision of mare and/or foal. Stallion Manager’s veterinarian will examine mare for normal breeding conditions and will administer medical care as deemed necessary for the health and the safety of the mare and/or foal. Mare Owner hereby consents to all medical care administered to the mare by Stallion Manager’s veterinarian. All veterinarian and farrier expenses will be paid by Mare Owner as provided in paragraph 1.
  4. The mare shall be in healthy and sound breeding condition; free from infections, contagious or transmissible disease. A current negative Coggins Test, photostatic copy of registration papers (both sides), veterinarian’s health certificate, plus a health, worming, and immunization record must accompany mare. If Mare Owner should fail to provide any of the above documents, Mare Owner hereby consents to Stallion Manager’s veterinarian examining and/or testing the Mare as may be necessary to complete the above tests, certification and other records, all to be completed at Mare Owner’s expense. HOWEVER, Stallion Manager reserves the right to refuse to accept any mare which is (1) not in proper condition or (2) which does not have all of the records, tests and registration documents as required herein.
  5. Stallion Manager agrees to diligently try to settle Owner’s Mare. Mare Owner agrees to give Stallion Manager ample opportunity to settle the mare (having bred her through at least two (2) heat-periods.). Harmony Performance Horses does not give a Live Foal Guarantee for any mare leaving the Ranch unless the mare has been pregnancy-checked and found to be in foal by the ranch veterinarian. IF THE MARE LEAVES BEFORE PREGNANCY CHECKED THEN ALL UNPAID BOARD, EXPENSES, AND BREEDING FEE BECOME DUE AND PAYABLE AND THE LIVE FOAL GUARANTEE THEN BECOMES VOID. If, however, for any reason, the mare does not settle, Mare Owner will hold Stallion Manager harmless. The above applies to the normal breeding period, February 1 through June 30 of each year.
  6. This contract contains a "Live Foal Guarantee". A live foal is described as new born foal which stands and nurses without assistance. If the foal is born dead, return privileges shall apply only if Stallion Manager is notified within seven (7) days thereof and receives a veterinarian’s statement confirming death and return privileges shall apply only to the next normal breeding period of the following year only.
  7. If the mare miscarries, proves barren after being pregnancy checked in foal, or fails to conceive during the normal breeding season, Stallion Manager agrees to breed said mare again during the immediately following year’s breeding season. There will be a charge of ___________ for "re-breed" service expenses. Open mares that are returned for a qualified rebreed shall be ON THE RANCH OF HARMONY PERFORMANCE HORSES ON OR BEFORE MARCH 15, of the following breeding year after the mare was first pronounced "safe in foal". A substitute mare may be sent if the original mare is deemed unfit for breeding at the discretion of the Stallion Manager, as long as the Mare Owner has maintained the bred Mare in good condition during the term of her pregnancy. If the Mare Owner fails to return the mare or a qualified replacement on or before March 15th, the breeding fee paid shall be forfeited, and the right to rebreed is thereby cancelled and Breeder is released from any and all obligation. If mare proves barren after being pregnancy checked in foal, or fails to conceive during the normal breeding season, optionally, the Stallion Fee, less the refundable booking fee and any other fees incurred, may be refunded to the Owner, thereby relieving the Breeder of its obligation to rebreed the mare.
  8. A "Breeder’s Certificate" will be issued for the foal conceived by the mating when stallion fees and all other expenses have been paid in full. Mare Owner will receive a Breeder’s Certificate when the Stallion Manager has been notified that a live foal has been produced.
  9. Neither the Stallion Manager, nor any person associated with Stallion Manager, shall be liable for the death, sickness, and/or accident to the Mare and/or foal. Similarly, neither the Mare Owner nor any other person associated with the Mare shall be liable for the death, sickness, and/or accident to the Stallion.
  10. The parties further agree that should the Stallion die or become unfit for service for any reason or if the Mare should die or become unfit to breed, then this contract shall become null and void, and both parties are relieved of any further obligation hereunder. Likewise any monies heretofore paid by Mare Owner toward the Stallion fee, with exception of the non-refundable booking fee, shall be refunded to Mare Owner. However, Mare Owner shall pay for all other expenses actually incurred.
  11. The Live Foal Guarantee in this contract is non-transferable and non-assignable and should the Mare be sold or otherwise disposed of prior to the birth of the foal, the live foal guarantee shall be void. However, the Stallion Manager may, in his or her discretion, upon application and payment of a new booking fee, continue to honor the live foal guarantee granted to the original owner. In the event that Stallion Manager agrees to the transfer or assignment of the "live foal guarantee" rights under the terms of this contract, then the new owner agrees to be bound by all terms and conditions hereof, insofar as the same may be applicable.
  12. The parties hereto specifically agree that this Agreement shall be construed, governed and interpreted by and in accordance with the internal laws of the State of California. If any action or arbitration is brought to enforce or interpret the terms of this Agreement, the proper place of venue shall be Contra Costa County, California, as this Agreement shall be performed in Contra Costa County, California, and the last act to make this a binding contract occurred in Contra Costa County, California. Should any civil action be commenced between the parties hereto concerning this Agreement or any rights or duties hereunder, the prevailing party shall be entitled, in addition to any other relief as may be granted, to reasonable attorney fees and disbursements as determined by a court of competent jurisdiction. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remaining provisions of this Agreement shall nevertheless continue in full force and effect without being impaired or invalidated in any way, except where the parties agree to insert, to the extent possible, a substitute provision to carry out the intentions of the parties.
  13. This contract shall be binding upon the parties hereto, upon execution hereof and the same may not be altered or amended, except by written mutual consent of the parties hereto.
  14. A PHOTOSTATIC COPY, BOTH SIDES THEREOF, OF THE REGISTRATION PAPERS ON YOUR MARE MUST ACCOMPANY CONTRACT. OWNER RECORDED ON REGISTRATION CERTIFICATE WILL BE RECORDED ON THE STALLION BREEDING REPORT.
  15. If your mare and/or foal is insured, fill in the name and telephone number of your agent.

_______________________________________________________________________________________________________

Authorized by Date: ____________________________

Stallion Fee: __________________________________

Booking Fee: _________________________________

Balance Due: _________________________________

 

____________________________________________

Owner of Mare (As Listed on Registration Certificate)

Address: _____________________________________

_____________________________________________

Telephone: ___________________________________

_____________________________________________

Signature of Mare Owner or Manager or Agent