2008 Miller Stables Breeding Contract

 Scott and Lisa Miller, Owners
1218 Co Hwy 7  Tyler, MN  56178
1-507-247-3030 Home      1-605-695-9093 Cel

This STALLION BREEDING CONTRACT for the breeding season of 2008, is made and entered into on this _____________day of ______________, 2008 and is by and between Lisa Miller of Miller Stables hereafter designated as Breeder and  _____________________________ hereafter designated as Mare Owner.  Mare Owner agrees to breed the mare, known as ________________________________, registration no: ____________________ (if applicable) to the Gypsy stallion known as Shamrock for the breeding fee of $1800 ($1600 for multiple mares).  This breeding shall be subject to the following terms and conditions: 

1. Breeding Fee.  The $1800 breeding fee includes a non-refundable booking fee of $500, due upon execution of this contract.  The balance of $1300, as well as any unpaid breeding and shipping expenses, is due upon the confirmation of the mare’s pregnancy at 45 days.  Any balance due that has not been paid within sixty days may be subject to a service charge of 12% interest on the unpaid balance.  (A Collection fee of $250 will be applied for each collection, should we collect for cooled semen.)   
2. Shipping fees.  The Breeder will ship all semen via Federal Express.  Federal Express charges will be billed at cost.  If semen has to be transported directly to the Sioux Falls airport for weekend shipment a courrier charge of $100.00 will be charged.  If the semen arrives damaged or is lost in transit, the Mare Owner will not be charged for the collection or the shipment as long as Federal Express is utilized for the shipment.  Miller Stables cannot be held responsible for errors in transport caused by any of the major airlines, as it is almost impossible to recover the costs from the airlines.  Miller Stables will make every effort to keep costs to a minimum. 
3. Return of container.  The Mare Owner is responsible for the return of the semen shipment container to the collection facility within 48 hours of use.  Please be considerate of this time frame as there are other mare owners who also wish to receive their semen in a timely manner.  We may not always have an abundance of containers on hand to meet everyone’s needs so we hope all parties will work together responsibly and courteously for the benefit of all.  Again, we strongly recommend that the container be returned FED EX, as they are the most reliable and accountable for damage and loss.  Miller Stables will NOT be responsible to track down and collect insurance on lost or damaged containers returned by UPS or the US Post Office. During the height of breeding season, we may ask to you to return the container Fed Ex priority overnight.  Please help us during this time to insure a steady flow of semen to all of you. 
4. Notice for collection.  Breeder and collection facility must receive reasonable notice of desired collection and shipment dates. Mare Owner is to advise Breeder upon start of the mare’s cycle and contact breeder again the day prior to desired collection and shipment.  Breeder cannot guarantee shipment on the desired date without this information.  Due to the fact that we are utilizing Western Veterinary Clinic, we must schedule our collection times with respect for their ongoing duties.  The Veterinarian has reassured us that they will make every effort to accommodate our collection needs, even at the last minute; however, there may be a charge of an extra $50 for less than twenty-four hours notice.   
5. Checking your mare.  Miller Stables would appreciate it if the Mare Owner would have their mare checked for pregnancy at approximately 16 days after ovulation.  This allows for time to handle any issues around possible twin embryos as well as give us all time to prepare for the next breeding cycle if the mare did not settle.  It is agreed that mares to be bred shall be checked for pregnancy by a licensed veterinarian approximately 45 days after the last date insemination.  Failure to accurately report status of mare in question in a prompt manner could render the live foal guarantee null and void. 
6. Soundness.  Mare shall be of healthy and sound breeding condition.  A veterinarian health certificate and uterine culture are highly recommended prior to shipping semen.  If the mare fails to settle in foal after two cycles, breeder may require the Mare Owner to obtain a current reproductive exam/uterine culture prior to any further shipments.  Mare must pass a uterine culture prior to Live Cover.
7. Live foal guarantee.  This contract contains a “live-foal guarantee.”  A live foal is defined as a newborn foal that stands and nurses without assistance.  If the Mare Owner does not receive a life foal (as the result of the death or absence of the foal), Mare Owner will receive a return breeding privilege for the year 2009 breeding season, but only if Breeder is notified within 30 days of loss and receives a licensed veterinarian’s statement confirming death.  If, after being pronounced safe in foal, the mare should miscarry, abort or prove barren, Mare Owner has the privilege to return mare for breeding and/or request additional semen shipments during the current breeding season, April 1 through July 31, 2008 or the following breeding season.
8. Harmless Clause.  If the mare fails to settle for any reason, the Mare Owner will hold the Breeder blameless.
9. Cancellation/Refund.  It is further agreed that should the stallion die or be declared infertile by a veterinarian before the mare settles any fees paid, less expenses, will be refunded to Mare Owner, thereby canceling the breeding contract.
10. Booking Fee.  All booking fees are non-refundable.  If a mare fails to settle in four cycles, an additional $300 booking fee will be required.  Should the mare die or prove infertile, Breeder will accept another mare according to the terms and conditions of this contract, however more than one transfer of the mare booked may require an additional booking fee.
11. This contract is non-transferable without prior written approval from the Breeder.
12. Breeding Season commences April 1, 2008 and ends July 31, 2008.  With pre-approval from the breeder the breeding season can be extended through August 31, 2008.
13. This contract is entered into in the State of Minnesota, County of Lincoln, and will be interpreted and enforced under the laws of this state.  If any clause in the contract is against state law, then that clause shall be null and void.  All other terms and conditions will remain in effect.
14. Mare Care.  Cost of mare care at our facility in Tyler, MN  will be at the rate of $8 per day.

CONTRACT SIGNATURES

When the Mare Owner and the Breeder sign this contract, it will then be binding on both parties, subject to the above terms and conditions:

________________________________                    ___________________________________
BREEDER                                    Date                       MARE OWNER                                  Date

________________________________                    ___________________________________
MARE OWNER’S NAME                                         FARM NAME

________________________________                    PHONE ____________________________

________________________________                    CEL _______________________________

________________________________                    FAX _______________________________
ADDRESS