BREEDING CONTRACT AND
This stallion breeding contract for the breeding season of 20_____, is made and entered into on this _____ day of _____________, 20_____, by and between Freisinger Warmbluts (hereinafter designated as breeder), represented by
_____________________; and ________________________________, hereinafter designated as mare owner.
The _________________ mare, ________________________________
(breed) (registered name)
Reg. #_________________ is hereby booked to the Trakehner Stallion, Inselkonig, Reg. # OSB-E-S227, for a fee of $500.00 (five hundred dollars) per straw, subject to the following conditions:
1. The stud fee includes a non-refundable booking fee of $200.00 which is payable with this contract.
2. The fee is charged per straw and a maximum of 7 straws will be sold per mare.
3. The balance of the stud fee must be paid upon the mare's arrival, or before semen will be shipped, whichever is applicable.
4. Mare care fees will be billed to mare owner on a monthly basis, unless otherwise noted below.
5. Mare will be examined by breeder's veterinarian for breeding soundness, and a uterine culture taken during active heat to screen for possible infection. Alternatively, mare owner may bring written report of the above examination and culture from his/her own veterinarian, dated no more than two months prior to the mare's arrival.
6. Mare shall arrive in a healthy and sound breeding condition. A current (within two weeks) veterinarian's health certificate, current negative Coggins Test, photostat copy of registration papers (both sides), and a health, immunization and worming schedule must accompany mare. Breeder reserves the right to refuse mare on the basis of health.
7. Breeder will exercise judgment consistent with recognized standards in care and supervision of mare and/or foal. Breeder assumes responsibility for arranging veterinary and Farrier services as necessary.
8. This contract does NOT guarantee a live foal.
9. Under certain circumstances this contract is transferable to another mare who must meet the necessary standards of quality and health.
10. Freisinger Warmbluts has chosen veterinarians for their expertise in equine reproduction, and only these veterinarians will be used for the mare named in this contract. The mare owner is responsible for all vet fees for the insemination of the mare, including semen collection costs of $100.00, and all vet fees related to the health of the mare and, if applicable, her foal(s). Freisinger Warmbluts has the right to worm the horses under it's care and to seek medical attention when deemed necessary at the mare owner's expense.
13. If breeding or boarding fees shall go unpaid at time mare is ready to be picked up after being breed and/or checked in foal, or further breeding is deemed not appropriate for whatever reason, that, unless taken care of by mutual agreement, a lien will be placed against the horse(s) covered by this agreement as provide for in Wisconsin Statutes; continued delinquency, particularly amounts due more than 60 days will be dealt with according to Wisconsin Statutes at the discretion of the management. The horse(s) shall not be removed by Boarder until all moneys allowed including any court costs, reasonalble attorney's fees, sheriff's fees, bond premiums and other similar costs including interest at the rate of 12% simple interest, are paid in full. If such costs and fees go unpaid for more than 10 days after any seizure by sheriff or by other notification as provided for in Wisconsin Statutes, or date court judgment is awarded (if necessary), the horse(s) will be sold to recover such moneys.
Breeding certificates (necessary for foal registration) are issued after completion of the breeding season, and will be sent with instructions to the mare owner.
Breeder strongly suggests that mare owner carry full mortality insurance on mare and foal at side. Freisinger Warmbluts, stallion owners, property owners and their agents assume no responsibility for injuries sustained by mares and foals.
The Mare Owner agrees to save and hold harmless the management, employees, Freisinger Warmbluts its agents and assigns from all costs and damages arising of the horse(s) covered by this agreement for damage or injury to persons, and property including the boarders horse(s). This includes all consequential damages that may also occur as a result of that damage or injury. The Mare Owner agrees to reimburse the afore mention parties for any such costs or damages incurred. The Mare Owner agrees to maintain liability insurance in a reputable company to protect the Mare Owner against such claims and costs. Damages caused to property of the management or other boarders or owner's by the Mare Owner's horse(s) is the responsibility of the Mare Owner.
The sole exemptions to this agreement are deliberate injury or injurious act caused by or at the direction of the management, or gross negligence by the management.
NOTICE: A PERSON WHO IS ENGAGED FOR COMPENSATION IN THE RENTAL OF EQUINES OR EQUINE EQUIPMENT OR TACK OR IN THE INSTRUCTION OF A PERSON IN THE RIDING OR DRIVING OF AN EQUINE OR IN BEING A PASSENGER UPON AN EQUINE IS NOT LIABLE FOR THE INJURY OR DEATH OF A PERSON INVOLVED IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, AS DEFINED IN SECTION 895.481 (1) (e) OF THE WISCONSIN STATUTES.
This liability immunity extends to all equine activities (including people assisting in the activities) as defined in the statute including, but not limited to: Boarding of equines; Equine training or teaching; Riding, inspecting or evaluating an equine belonging to another, regardless of whether the owner receives monetary or other consideration for the use of the equine or permits the riding, inspection or evaluation of the equine; Riding, training or driving an equine or being a passenger on an equine. The law also applies to injuries to, and death of, the equine.
Horses are dangerous animals and all activities involving horses are inherently dangerous.
I (we) the undersigned Mare Owner, have read this contract and release and understand all its terms. I (we) execute it voluntarily and with full knowledge of its contents and significance.
ADDITIONAL CONDITIONS (Must be initialed by both parties):
(Signature of mare owner)
(Signature of breeder or authorized agent)
(Mare owner's address and telephone)
(Mare's insurance company and policy number)
Booking fee of ________ received by ____________ on ________.
THE TERMS AND CONDITIONS OF THIS CONTRACT ARE NOT CHANGED OR MODIFIED BY THE BOARDING AGREEMENT WHICH MUST BE EXECUTED IN ADDITION TO THIS AGREEMENT. CONVERSELY, THE TERMS AND CONDITIONS OF THE BREEDING CONTRACT SUPERSEDE ANY LESS STRINGENT REQUIREMENTS IN THE BOARDING CONTRACT AND ARE IN ADDITION TO THOSE FOUND IN THAT AGREEMENT, OR, IF APPROPRIATE, IN PLACE OF SIMILAR REQUIREMENTS FOUND IN THAT AGREEMENT.