VARIAN ARABIANS ON THE FARM BREEDING CONTRACT. Mare Name Registration#: Mare to be bred during the approximate month of the

Transcription

1 VARIAN ARABIANS ON THE FARM BREEDING CONTRACT Stallion Name: Registration #: Mare Name Registration#: Mare s date of birth: Breed: Mare to be bred during the approximate month of the (year) breeding season. This Agreement dated _ is between VARIAN ARABIANS (hereinafter referred to as VA ) and; NAME (hereinafter referred to as CLIENT ): Address: City: State: Zip: Contact phone: Fax BREEDING FEE: $ $250 booking fee due at the signing of this contract. Balance of $ can be paid in full at the time of breeding or by using either option listed below 1/2 of breeding fee is payable no later than 90 days from the date of this agreement, with the remaining balance due in full no later than 60 days after mare is checked in foal; or Pay fee in 12 equal monthly payments (interest free) per month. The first payment will be due on the date of this agreement, and the payments will continue for 12 consecutive months until paid in full. The balance must be paid in full prior to the mare foaling. CREDIT INFORMATION & METHOD OF PAYMENT: Note: It is Mandatory that you supply your credit/debit card number. San Marcos Equine Center will be providing any necessary veterinary services for your Horse while boarded on our farm, and they require this number prior to rendering services. Also, Client s check/debit card number is needed to guarantee payment of board, and other related fees if they become delinquent. METHOD OF PAYMENT: Breeding fee paid by: Credit/Debit card Check Board and care fees, lab fees & deposits paid by: Credit/Debit card Check CREDIT/DEBIT CARD ACCOUNT INFORMATION AND AUTHORIZATION: MANDATORY

2 VISA / MC - Account number Expiration date Name as it appears on credit card Signature This breeding is NOT transferable to another person and MUST BE USED FOR THE BREEDING SEASON SPECIFIED IN THIS CONTRACT. (Mare can be substituted with VA approval). Should the breeding be held over to another breeding season for any reason, all customary fees shall apply, PLUS an additional administrative and handling fee of $ is to be paid to VA prior to the mare arriving at VA for the rebreeding. I. GENERAL INFORMATION THIS SECTION NOT APPLICABLE Mare s expected arrival date: Client s Veterinarian: Phone: Address: City: State: Zip: Is your mare and/or unborn foal covered by insurance?. If yes, complete insurance section below. Insurance Company Phone Policy # Amount of coverage Please describe the type of policy (ie. full mortality, surgical, etc.) II. OWNERSHIP Client to initial one of the following to indicate ownership of Mare: Client has full title & registration of Mare. Please provide copy of registration papers with this contract. Client is leasing the Mare. Copy of lease agreement MUST be provided to VA with this Contract. Client is purchasing the Mare. Registration and full title are currently held by: Mare Owner s Name (if being leased): Address: City: State: Zip: Contact phone: IAHA#: AHSA#: III. TYPE OF SERVICE SEPARATE AGREEMENT RE: BOARD

3 Client hereby contracts for VA's board as outlined in the attached fee schedule, for the fee of $ per day for mare and/or $ day for foal, plus any additional fees and expenses as may be outlined below. See attached Fee Schedule for description of charges in greater detail. The Fee Schedule is hereby made a part of this contract and subject to change without notification. The Fee Schedule in effect at the time of horse's arrival shall prevail. IV. HEALTH STATUS UPON ARRIVAL The Mare shall be in a healthy, injury free and normal (breeding) condition, free from infectious, contagious or transmissible diseases. A current negative Coggins test (for out-ofstate horses) and an up-to-date record of health, worming and immunizations must accompany Horse. If records are absent or not up-to-date, horse will be vaccinated and wormed within 24 hours post-arrival at VA. VA does not warrant that any vaccinations will provide the anticipated immunity, and shall not be responsible for its failure to do so. VA reserves the right to refuse Mare/Foal if not in satisfactory condition and/or health. However, acceptance of Mare will not in any way cause VA to become liable for condition or treatment of said horse. CURRENT HEALTH RECORD NOT APPLICABLE IF HORSE IS ALREADY HERE Please give dates of Horse s last annual booster, or all dates of series, if applicable Influenza* Tetanus Toxoid* Rabies* Enceph* Rhino* Strangles* Booster Series Neg. Coggins Lab Accession # Date last wormed* Wormer Used Tubed Paste Frequency of deworming Last farrier date shoes? trimmed *The starred items are required for admission to VA. Any of the requirements not fulfilled will be performed immediately upon arrival - at owner's expense. To your knowledge, has your Mare ever had an allergic reaction to: vaccination ; deworming ; antibiotics ; other If so, please explain (include dates and drugs used in treatment) Your mare/and/or foal will be included in our hoof-care program; i.e. trimming all around every 8 weeks for Mare and every 4 weeks for Foal. Indicate the most recent date of your farrier's services for your: Mare: Foal:. The cost of farrier services is $ Describe your Mare s attitude (i.e. aggressive, submissive): In the field with other horses With humans Toward other horses with a new foal at her side Does your Mare stand tied?

4 Is your Mare hard to catch when turned out? Does she have any "vices"? cribbing weaving pawing kicking other: Is she accustomed to being kept in a stall? Has your mare ever colicked? If so, please give date(s) Frequency Causes Treatment and medications used Has your mare ever been, or is she now, under treatment for laminitis or founder? If so, describe the treatment, medication and feeding program: Were X-rays taken? Does the mare require special shoes? If so, what kind? Is your mare currently on ANY medications? If so, what kind and for what reason? List name, address & phone # of attending veterinarian for the above conditions (if different from the veterinarian listed earlier) Client s Veterinarian: Phone: Address: City: State: Zip: V. MARE BREEDING HISTORY - NOT APPLICABLE - HISTORY KNOWN Breeding status (please check appropriate category): Open/not bred last year: Bred/did not conceive: Slipped pregnancy/post foaling: Maiden mare: If mare is pregnant, please indicate last breeding date: due to foal: Name of stallion to whom mare is in foal Has the mare been under lights? Date lighting began: Has she received any of the following medications this year? Regumate: GnRH: HCG: Prostaglandins: Other (list dates & dosages): Does the mare show external signs of heat in presence of a stallion? Regularly? For how long? Last known date: Does she show signs of heat with a foal at her side? Date of last reproductive exam: (please attach report of findings) Has a uterine culture and/or biopsy been performed within the last year? (if yes, please attach the report) Has the mare been sutured (Caslicked)? Has the mare ever been barren for more than one year? Has the mare ever had one twin crushed or "pinched off" by a veterinarian? When: Was the procedure successful? Has the mare ever carried twins to term? Year(s) Has the mare ever aborted? At approximately how many days? year(s) List cause(s) if known Has the mare been shown or been in other stressful competition within the last six months? To your knowledge, has she ever been treated with corticosteroids or anabolic steroids?

5 If so, list dates and types: Has the mare ever sustained a vaginal injury during breeding or foaling? (if yes, give date(s) & type(s) of injury(ies): Do you consider this mare a "problem mare"? Yes: No: Why: VI. LIVE FOAL GUARANTEE VA guarantees a return breeding the following season if Mare (or approved substitute) should not deliver a live foal (defined as one who stands and nurses without assistance). Death of the foal before qualification as a Live Foal must be certified in writing by a veterinarian and received by VA within ten (10) days of foaling date. A Rhinopneumonitis vaccination series must be completed for the Live Foal Guarantee to apply. Written documentation may be required in the event of an aborted or dead foal. A handling fee of $ will be charged the following year for mares returning for a re-breed. VII. STANDARD OF CARE VA will exercise judgement consistent with ordinary standards of care and supervision of Mare and/or foal. VA's veterinarian will examine the Mare in the event of illness or injury, and administer medical care as deemed necessary for the health and safety of said Mare. All veterinarian and farrier expenses will be paid by Client. Client grants VA full discretion in securing veterinary and/or farrier services as necessary and will hold VA harmless for results of the services. VIII. GENERAL CONDITIONS 1. The Client understands and accepts the terms of this Agreement. 2. The Client understands that it is essential to contact Angela Alvarez, Breeding Manager at VA, should there be any change in the mare s condition after departing VA. 3. It will be the Client s responsibility to contact VA for the proper paperwork to register their foal. When naming a resulting foal from this breeding, Client agrees NOT to use the letter V after the foal s name. VA reserves the exclusive right to use the letter V after any foal s name, which designates the foal was bred solely by and for Varian Arabians. 4. This On The Farm Breeding Contract may not be assigned or transferred to another person, or to another mare, without the written consent of Varian Arabians. 5. IMPORTANT!! CLIENT UNDERSTANDS THAT THIS BREEDING MUST BE USED BY THE BREEDING SEASON SPECIFIED IN THIS CONTRACT. IF THE BREEDING IS NOT USED BY THAT BREEDING SEASON, THERE WILL BE A $500 HANDLING FEE TO CARRY OVER THE BREEDING TO ANOTHER YEAR. ALL MONIES PAID TO VA FOR THE BREEDING CONTRACTED FOR IN THIS AGREEMENT ARE NON-REFUNDABLE. Initials

6 IX. DEATH OF STALLION / DEATH OF MARE A. DEATH, LOSS OF FERTILITY, SALE OR CASTRATION OF STALLION In the event of the death, loss of fertility, sale or castration of the stallion named in this contract, and if the Client s mare is not checked in foal, or if mare does not hold the pregnancy, VA s obligation to Client will be limited to substitution of another stallion currently standing at Varian Arabians. Client s obligation will be to use one of the VA stallions currently standing. Any monies paid towards a breeding to a VA stallion affected by any of the above situations will be credited towards the breeding fee of the substituted VA stallion. THERE WILL BE NO CASH REFUNDS. B. DEATH OF MARE In the event of the death of the mare named in this contract, Client would be limited to the following options: 1. Replace the mare. Client will have the option to substitute another mare and continue breeding for this breeding season, or postpone the breeding until the next breeding season. A handling fee of $500 will be applicable to the postponement of this breeding to the next breeding season. 2. Sell the breeding. Client will have the option to sell this breeding to another party. Client is not allowed to advertise this breeding, but they can contact various Arabian groups to make the sale of this breeding known. A handling fee of $500 will be applicable to the transfer of this breeding to a new party. THE SELLING OF THIS BREEDING MUST HAVE VA APPROVAL. X. RELEASE OF LIABILITY Client fully understands, authorizes and assumes the special risks inherent in conditioning, breeding, and transporting horses and acknowledges that mortality and other insurance is solely Client's responsibility. All implied warranties, including fitness, marketability or otherwise, and all special, incidental and consequential damages are hereby excluded, to the full extent permitted by law. In no event shall Client's remedy exceed the amount of the fee paid for the service complained of. Client agrees to indemnify and hold VA harmless from any claim by a buyer of the horse, and agrees to pay all expenses and attorney's fees incurred by VA's defending such claims. VA and its subsidiaries, affiliates, agents, servants and employees shall not be liable for any sickness, disease, estray, theft, death or injury that may be suffered by the Horse while in VA's custody, nor for any other loss, damages or injury arising out of or connected with breeding, boarding, conditioning, training or other services pursuant to this Contract, except as required by law. VA shall also not be liable for any personal injury or disability which the client or his agents, representatives or family may receive while on VA's premises, except as required by law. Upon commencement of loading of the horse for shipment from VA, Client assumes all responsibility and releases VA from any responsibility or liability for the horse's health. soundness, breeding condition, transportation or care while in transit from VA to Client.

7 With regard to any horse to be transported by VA outside of VA's premises, client fully understands and acknowledges the substantial risks inherent in both the transportation of client's horse(s) and stabling thereof at outside facilities, and client fully understands and acknowledges that VA shall have no responsibility to carry client's horses on any public liability, accidental injury, theft or equine mortality insurance policy, whether on or off of the premises of VA, and insurance coverage for horses transported outside of VA's premises shall be the sole responsibility of client. All risks connected with the transportation & stabling of client's horse(s) shall be solely those of the client from the time client's horse leaves the premises of VA until said horse is returned. Client agrees to indemnify and hold VA harmless from any claim brought as a result of the transportation and stabling of the client's horse(s) and agrees to pay all expenses and attorney's fees incurred by VA in defending such claims. XI. DURATION OF HORSE'S STAY AT VA VA agrees to diligently attempt to settle Mare. However, if Mare fails to settle for any reason, Client will hold VA blameless. Client agrees to give VA ample opportunity to settle Mare and, if necessary, to leave Mare at VA until the breeding season closes (September 1) to allow VA to breed Mare. Client further agrees that mare must remain at VA until she has passed her forty-five (45) day pregnancy check for in-state mares; out-of-state mares must remain until they have passed their sixty (60) day pregnancy check. Client agrees to give a minimum of five (5) days notice for out-of-state horses departing VA. Forty-eight (48) hours notice is required for in-state horses. There will be a $50.00 charge for all out-of-state horses departing with less than 5 days notice. If Client wishes to remove mare prior to the 45-day check (in-state mares) or the 60-day check (out-of-state mares), upon approval from VA, mare may leave with an Early Release Form. However, Client assumes all responsibility for mare's breeding condition, safety, etc. If Mare leaves VA on the Early Release Program, mare owner must have his/her veterinarian perform the required ultra-sounds prior to mare's 45 or 60-day gestation period and return the signed release form to VA to insure the live-foal guarantee. If mare should absorb, abort or otherwise lose said pregnancy and the "Early Release Form" has not been previously signed and returned to VA, VA's live-foal guarantee shall no longer be valid. Mares checked "not in foal" shall continue to be bred in the current season unless it is agreed in writing by VA to breed the mare the following season, or to accept a substitute mare approved by VA. Service programs may be terminated at VA upon thirty (30) days written notice, except in the event of default. No delay or failure by VA to exercise any right or remedy shall be deemed a waiver of that or any other right or remedy. XII. PAYMENT AGREEMENT Client agrees to pay any and all VA invoices for board and care specified in this contract upon receipt. Client must provide VA with a credit/check card to guarantee their financial obligations with VA. If a client does not pay a statement in full within 30 days from the date of said statement, it is understood by and between the parties hereto that VA necessarily suffers damage as a result of such nonpayment, particularly since VA is obligated to pay its suppliers, staff and contractors regardless of nonpayment by the client. It is therefore agreed that VA shall each month charge, and the client shall be obligated to pay, the amount of $10.00 per day on any unpaid balance outstanding on a statement for more than 30 days as liquidated damages, and not as a penalty or interest on the unpaid balance. The foregoing shall not be considered an extension of credit or an agreement for the forbearance of any amounts due to VA. Clients

8 whose payments are in excess of 30 days past due shall also be in breach of contract, and VA reserves the right to charge Client s credit/check card without notice for any outstanding amounts in order to bring the account current. Upon said breach of contract by Client, VA shall cease all further services, and retain all funds received to date as liquidated damages. Said damages can include costs of collection, bookkeeping, lost interest, and such other damages. Initials XIII. BREACH OF CONTRACT Should one party breach this Contract, that party shall be responsible for all attorney's fees and their expenses related to such breach. XIV. LIEN Client grants VA a lien upon and security interest in the Horse, any foal in utero or any foal produced by a breeding at VA to secure all obligations and amounts due under this or any contract with VA or any of its affiliates. VA may, at any time until all amounts due hereunder are fully paid, file a photocopy of this contract in the county and state in which it believes the horse(s) to be kept, or where the Client resides, and when so filed the copy shall be effective as a financing statement as well as the security agreement. At any time the Client's balance is unpaid for thirty (30) days, or Client is otherwise in default of this or any other contract with VA or any of its affiliates, VA may foreclose its interest in the Horse. Ten (10) days notice shall be deemed reasonable notice of any foreclosure sale. XV. RELEASE Client agrees that all outstanding balances due for board, conditioning, training, breeding, veterinary care, farrier work and all other fees, charges and expenses pursuant to this contract shall be paid prior to VA's release of the horse. Client also agrees to pay any and all outside veterinarian/farrier charges prior to removing horse from VA. XVI. ACCEPTANCE This Contract is not effective until approved and executed by VA, which reserves the right to reject any mare at its sole discretion and to return any unruly horse at Client's expense. A copy of this fully executed agreement is available to Client upon request. XVII. VENUE The terms of this Contract and disputes developing thereunder shall be enforced and construed in accordance with the laws of the State of California, County of San Luis Obispo. Venue shall be in the County of San Luis Obispo, and the undersigned hereby submits themselves to the jurisdiction of the courts in that area. This Contract shall in all respects bind and inure to the heirs, executors, administrators, successors and assigns of the parties. This Contract is made, entered into and is to be performed in Arroyo Grande, California, and is effective the date shown above.

9 Client signature Date Varian Arabians (agent) Date This entire document is protected by copyright law for Varian Arabians. Any use or reuse, in part or in whole shall be in violation of United States Copyright Law.