STALLION SERVICE CONTRACT |
This contract is made by and between Watermark
Farm (“The Rawles”) and
(Purchaser)
for
breeding of the Mare named:
Registration No:
to the Stallion named Waldaire for the 2010 breeding season
(“Present Breeding Season”); subject to the following
terms and conditions: |
| 1. |
PURCHASER WOULD LIKE TO USE:
Fresh Chilled Semen |
| 2. |
THE MARE: The mare to be bred
is
[Breed]: Color
Year Foaled: Sired
by:
Out
of: Damsire:
The Purchaser may not substitute another mare for breeding without
prior written consent of Watermark Farm. Embryo Transplants are
also prohibited without written permission of Watermark Farm and
unless Purchaser signs the embryo transfer agreement. |
| 3. |
FEES: Purchaser agrees to pay
Watermark Farm the following fees:
A non-refundable Booking Fee of $200.00 is due at the signing
of this contract. This fee is not included in the Stallion Service
Fee.
A
non-refundable Stallion Service Fee of $1,300.00 is
payable before Mare is bred or semen is shipped.
Mare
owners must contact Select
Breeders Services (877) 658-3328 to
arrange for billing and semen shipments. All fees, deposits and
transport costs are billed directly by SBS. Any damage to the Equitainer,
lost ballast bags, coolant cans or failure to return the container
will be assessed by SBS. Any late fees will also be handled by
SBS. If a second semen shipment is required, additional fees and
shipping charges will apply. Rental fees, security deposits and
all billing will be handled by SBS. Collection and Handling fee
for each fresh chilled semen shipment: $300.00.
Mare Passport must be completed by September 30
of the breeding year.
Returning
the container: After the receipt and use of the semen, the Equitainer
(including ballast bag(s), isothermalizer, coolant cans, etc) must
be shipped back to Select Breeders Services with the enclosed shipping
label. Frozen semen tanks must be returned to Select Breeders Services
of Colora, MD. All semen shipments will be handled by FedEx and
billed at cost to the Mare Owner’s FedEx account by SBS.
ALL FEES AND COSTS MUST BE PAID 10 DAYS BEFORE SEMEN WILL
BE SHIPPED.
|
| 4. |
Reservations
for semen: Watermark Farm’s receipt of
the above Stallion Service Fee confirms the Mare’s reservation
to breed to the Stallion for the Present Breeding Season, which
shall extend from February 1, 2010 until July 15, 2010. No new
mare bookings will be accepted after July 15, 2010. Fresh chilled
semen will be collected Monday through Friday at the standard
collection fee of $300.00. Sunday collections are
possible on a case by case basis and will vary depending on Mare
Owner location. All Semen orders must be received by 3 PM EST
the day before the requested collection
date. Late orders will be filled if possible. Counter
to counter shipments are available on a case-by-case basis due
to geographic restrictions with FedEx. No semen will be transported
without completed Mare Health Forms and Passports. Please contact
SBS to check and see if you are located in an area where counter
to counter shipments are possible and to arrange for billing.
[Frozen
semen is available year round. Frozen semen should be ordered at
least one week prior to the date needed to breed the Mare. All
Frozen Semen Shipments must be paid in advance and have the appropriate
paper work completed.]
All
orders for semen shipments shall be filled as received, subject
to availability of the Stallion. If there is insufficient semen
to fill all orders of a given day, Select Breeders staff will determine
which orders will be honored. For Watermark Farm-bred mares this
decision will be based on palpation results; for Mares bred off
of the Farm, this decision will be based on the information provided
by the Purchaser’s veterinarian.
Purchaser
understands that the Stallion may be competing away from Watermark
Farm during the Breeding Season and will not always be available
for collection. It is the Purchaser’s responsibility to contact
Watermark Farm for the dates the stallion will not be available
for collection due to competition. Where applicable, frozen semen
may be substituted; please contact Watermark Farm for more information. |
| 5. |
Conditions:
Stallion service will be provided only to healthy mares in sound
breeding condition, as determined by a veterinarian acceptable
to Watermark Farm. The Mare Owner must provide Watermark Farm with
a completed Mare Health Form signed by a licensed veterinarian,
stating that the mare is in good physical and reproductive condition
BEFORE semen shipment.
The
Mare Owner must provide Watermark Farm with a copy
of the mare’s registration papers. It is requested that the
mare owner provide four photographs with any distinguishing markings,
blemishes showing for identification purposes (2 side views, 1
front, 1 rear) prior to breeding. The Mare Owner must also declare
in which registry they are planning to register the foal in order
to have the appropriate Breeding Certificate returned to them once
the mare is confirmed in foal at 60 days.
The
Mare Owner agrees to keep the mare in good physical condition throughout
the pregnancy, vaccinate for Rhinopneumonitis at five, seven and
nine months of pregnancy and deworm regularly with FDA approved
products for pregnant mares or all return privileges and stud fees
are forfeited.
In
the event the Mare is barren, Watermark Farm requires the submission
of a recent negative intrauterine culture certificate (within 60
days). In some cases, the form may also require a uterine biopsy
and/or Progesterone assay. In all cases, the veterinarian must
certify that the Mare’s immunization for equine rhinopneumonitis
(equine herpes type 1) have been kept current.
It
is the Mare Owner’s responsibility to fulfill the following veterinary
requirements:
A licensed veterinarian must examine the mare:
- By
early ultrasound scan at 14 to 18 days after the last insemination.
- By
ultrasound between 30 and 35 days the last insemination to
insure a single embryo.
- By
palpation or ultrasound between 50 and 60 days after the last
insemination.
Results
of these examinations must be recorded on the Mare Passport.
The
Mare Owner must return the completed and signed Mare Passport to
Watermark Farm within 10 days of the 50 to 60 day examination and
no later than September 30 of the breeding year or ALL GUARANTEES
ARE FORFEITED. |
| 6. |
Return
of service: Purchaser shall not be entitled to a refund of
fees paid hereunder except as set forth below. However, the Mare
shall have the right of return to the Stallion’s service
in the following breeding season and in the third following season
only in the following circumstances:
If
the Mare does not settle during the Present Breeding Season, she
is eligible for return of service to the Stallion if the Purchaser’s
veterinarian submits a certificate to that effect. The Purchaser
recognizes Watermark Farm’s right to require a negative intrauterine
culture certificate prior to the Mare’s return to service.
If
the Mare is examined in foal but becomes barren during gestation
after the 50 to 60 day examination, she is eligible for return
if Watermark Farm receives a certificate within five (5) days of
the examination.
If
the Mare subsequently produces a live foal that is unable to stand
alone and nurse, and subsequently dies, a veterinary certificate
must be provided within five (5) days of death.
The
Mare Owner agrees that if this breeding contract is not used within
the next two subsequent breeding years (2011, 2011), this contract
will be terminated and all fees will be forfeited.
In
all cases, the required veterinary certificate shall affirm that
the Mare had been immunized for equine rhinopneumonitis (equine
herpes type 1) during pregnancy and the dates of such vaccination.
Where appropriate, the certificate shall also confirm that the
Mare was properly cared for during gestation and foaling was attended.
Watermark Farm’s timely receipt of the required veterinary
certificates is a condition precedent to any right of return.
If
the Purchaser’s Mare becomes unfit for breeding or otherwise
unbreedable, another mare may be substituted with Watermark Farm’s
consent. Purchaser must make this request in writing.
All
rights of return to the Stallion are subject to prepayment of costs
as set forth in Section 2 above. |
| 7. |
Refund
of Fees: This contract shall be null and void and the Purchaser
shall be entitled to a refund of any amount paid hereunder if
the Stallion should die or become unfit for service prior to
serving the Mare in the Present Breeding Season.* The Purchaser
shall not be entitled to any refund if the Stallion should die,
or become unfit for service after semen has shipped or in any
subsequent breeding season.* No refund is available if Stallion
is sold; but Purchaser may breed to another Watermark Farm Stallion
of equal or lesser Stallion Service Fee.
*
In the event that a stallion is unfit for service or deceased,
a limited LFG will be put into effect with a 6 dose maximum of
Frozen semen being substituted for Fresh semen.
|
| 8. |
Live
Foal Guarantee: The LFG is the Mare Owner’s right to
a foal that stands, nurses and passes a veterinary exam within
24 hours of birth. The LFG is null and void if the Mare Owner
does not utilize a veterinarian for this exam and in the event
that a Mare Owner fails to run an IgG test. In the event that
a foal fails this exam, it is the Mare Owner’s responsibility
to notify Watermark Farm within 48 hours, provide a Veterinary
Certificate and arrange for rebreeding. No refunds will be given
in the event that a foal does not meet the above listed criteria. |
| 9. |
Non-assignment:
This contract cannot be assigned or transferred by the Purchaser.
There shall be no right of return to the Stallion if the Mare is
sold or otherwise changes ownership after having been served by
the Stallion.
|
| 10. |
Warranty:
Watermark Farm is not responsible for lost, delayed, or damaged
semen and makes no representations or warranties of any kind with
respect to any semen furnished hereunder except that it is the
Stallion’s. ALL WARRANTIES OR MERCHANTABILITY AND FITNESS
FOR PURPOSE ARE HEREBY EXCLUDED.
|
| 11. |
Governing Law: This
contract shall be governed by the laws of the Commonwealth of Pennsylvania
and shall be binding upon the parties hereto and their personal
representatives.
|
In
witness whereof, the Parties have hereunto set their hands
and seals:
For Watermark Farm: |
Purchaser (please print name):
Purchaser (signature):
Address: Phone:
Fax:
Address for Semen Shipment: (if different than the address listed
above)
Nearest Major Airport:
Veterinarian’s name:
Address: Phone:
Fax:
Date: |
|
