Avenir Farm BREEDING CONTRACT FOR FRESH CHILLED SEMEN

Transcription

1 Avenir Farm BREEDING CONTRACT FOR FRESH CHILLED SEMEN This agreement is made effective as of by Avenir Farm and (hereinafter referred to as Owner ) for the breeding of the Mare to the stallion Up To Date Miltoo (hereinafter referred to as the Stallion ) for the 2017 breeding season under the terms and conditions providing herein. Terms and Conditions: This agreement defines the terms and conditions under which the Owner agrees to purchase and Avenir Farm agrees to deliver fresh cooled semen of the Stallion to breed the Stallion to the Mare during the terms of this agreement. 1. The Mare to be bred under this agreement is described in the Breeder Profile and Mare Health document. Owner will provide a copy of Mare s registration certificate, minimum 3-generation pedigree, a conformation picture of Mare, and a completed copy of the Breeding Profile and Mare Health document. 2. Owner is strictly prohibited from substituting another mare for breeding without prior written consent and at the discretion of Avenir Farm. 3. This agreement may not be assigned or transferred to another party without prior written consent and at the discretion of Avenir Farm. 4. Owner understands that the mare must have a clean culture and cytology completed by a licensed veterinarian before the first breeding cycle for which semen is ordered. 5. Owner understands that the mare should be examined by a licensed veterinarian at 16 days and once confirmed in foal, at 30 days and at 60 days after the last day bred. Mare owner must notify Avenir Farm of pregnancy status at each time. 6. Owner has won a breeding through an auction in which Stallion was donated. Therefore, the breeding fee for fresh cooled semen for the Stallion is $0 (US dollars). Credit Card information & Authorization Form must be on file with Avenir Farm prior to the first shipment of the semen. Shipping & Handling 7. Avenir Farm shall ship fresh cooled semen from the stallion in viable condition when it leaves Avenir Farm to the Owner at the shipping destination supplied by the Owner. Avenir Farm holds no responsibility for shipping errors, misrouting, or mistreatment of shipper by shipping company, which might result in damages to fresh cooled semen. 8. Fresh cooled semen is collected Monday through Friday. Orders will be taken by calling , by 4:00 p.m. EST for shipping the following collection day. Saturday shipments may be possible but must be requested with sufficient advance notice. 9. The mare owner is responsible for knowing the collection schedule and for providing the schedule to their veterinarian. 1

2 10. All collections will be conducted at Rood & Riddle Equine Hospital. The costs are the responsible of the mare owner and will be billed directly to their credit card or paid in advance to Avenir Farm. The estimated cost for the collection and the disposable shipper is $325. If purchaser cancels their request for semen after a collection has been completed and if Avenir Farm determines that the semen cannot be used for another client, then Owner agrees to pay the collection fee. 11. All transportation costs for the semen shall be the responsibility of the Owner. Avenir Farm shall use Owner s credit card or Owner s Federal Express account number to pay for Federal Express shipment costs. 12. CANADIAN BREEDERS: There is an additional $275 direct charge for the legally required Health Certificate and the first collection cost is $220, which includes the addition of legally required antibiotics (Timentin) to the semen. 13. If there is insufficient semen to fill all requests for a given day, Avenir Farm, in her sole discretion, will honor requests on a first come first serve basis. 14. If Avenir Farm is unable to fulfill a request for collection on the requested date due to the Stallion s unavailability, Avenir Farm will notify the Owner and will fill the request on the next earliest date it determines is practical or on another date as the Owner requests. 15. Late/Damaged Container Fees. If an Equitainer is used, Purchaser agrees to ship the semen container back to the Rood & Riddle Veterinary clinic, clean and undamaged within three (3) consecutive business days upon receipt. A late fee of $25 per day will apply if not returned on time. If the container is missing or damaged, Purchaser will be charged the cost of the shipper to their credit card, which is $300 plus applicable shipping fees and taxes. Live Foal Guarantee 16. This breeding right is sold for the mare identified above with a live foal guarantee and is limited to 1 consecutive breeding season. 17. Should the mare fail to conceive or aborts a pregnancy, a veterinary certificate must be provided in writing by a licensed veterinarian within 10 days of the event. All rights to return to the stallion are subject to collection cost, and shipping fees must be paid in full prior to collection. 18. Should the mare give birth but fail to produce a live foal that is able to stand and nurse without assistance within 24 hours of foaling, Owner must verbally notify Avenir Farm within fortyeight (48) hours of the foal s death. Owner must then provide certification completed and signed by a licensed Veterinarian including the following information within 10 days of the foal s death: a) Identification of the mare b) Verification of the death of the foal c) Confirmation of the performance by the Veterinarian to determine cause of death of the foal Once all documentation is submitted, all rights to return to the stallion are subject to collection cost, and shipping fees must be paid in full prior to collection. There is NO rebooking fee. 2

3 19. If the Owner fails to make request and act on the Live Foal Guarantee, then any and all fees shall be forfeited, the right to rebreed cancelled and Avenir Farm is released for all obligations of this contract Embryo Transfer 20. The Live Foal Guarantee is extended to embryo transfers. However, if there are 3 failed attempts to breed the mare and transfer an embryo, Stallion Owner will require Mare Owner to switch to another mare. 21. If multiple embryos are obtained and are successfully transferred to the recipient mares, the stud fee cost for the additional foals is 75% of the listed stud fee of $1600. The additional stud fee(s) is/are due when the recipient mare checks in foal at 60 days. Sale, Death, Unfittness of Stallion 22. If the stallion should die, be sold by the Stallion Owner or otherwise become unfit for service during the Term of the contract, then the Stallion Owner may offer a different stallion standing at Avenir Farm or substitute frozen semen for fresh semen. The Live Foal Guarantee remains in effect should the Stallion Owner be required to substitute frozen semen for fresh cooled semen. 23. Avenir Farm assumes no responsibility for any loss or damage to the mare. Owner shall assume all responsibility for the condition of the Mare and shall bear all risk of loss or damage to the Mare whether by death, disease, injury, infection, or otherwise, and Owner further agrees to indemnify and hold harmless Avenir Farm, its officers and employees for any and all damages and liability. 24. This agreement and all of its terms and conditions shall be binding upon and shall inure to the benefit of all the successors and permitted assigns of the Owner and Avenir Farm. 25. The validity, construction, and enforcement of this agreement shall be in accordance with and governed by the laws of the state of Kentucky. Owner/lessee signature X Date Avenir Farm X Date 3

4 Avenir Farm BREEDER PROFILE & MARE INFORMATION SHEET OWNER INFORMATION: Name: Farm Name: Address: Home Phone: Cell Phone: SEMEN SHIPMENT INFORMATION: q Bill to Credit Card On File OR: FedEx #: q Ship Semen to Same Address as Above OR: Contact Name: Farm/Business Name: Address: Contact Phone: (for tracking info): BREEDING VETERINARIAN INFORMATION: Name: Clinic Name: Address: Contact Phone: 4

5 MARE INFORMATION: Registered Name: Barn Name: Birth Registry: Registration #: DOB: Height: Color: Sire: Dam: Dam Sire: Stamm/Motherline: (if applicable) Predicates/Bonits/Elite/Premium Mare Status: Performance Highlights: (Attach Show Record if Qualifying for Performance Discount) Offspring Highlights: 5

6 Breeding History: Current Reproductive Status: q Maiden q Barren q In Foal/Foaled 2012 Number of Pregnancies: # of Live Births: # of Abortions: Date of Last Uterine Culture & Cytology: Date of Last Uterine Biopsy: Have you bred with shipped semen before? q Yes Result: Result: q No Have you bred with frozen semen before? q Yes q No Please mail or a scanned copy of this form along with your breeding contract and Credit Card Authorization to: Avenir Farm 470 Elizabeth Station Road Paris, KY Or avenirfarm@gmail.com The information provided on this form is part of your agreement with Avenir Farm for the shipment of Fresh or Frozen semen from the Stallion Up To Date Miltoo. Please make sure your information is accurate. Signature Date 6

7 Avenir Farm Credit Card Information & Authorization Form Owner hereby authorizes Avenir Farm to bill directly for fees incurred in connection with the Breeding Contract for Fresh Cooled Semen by method of credit card. Avenir Farm reserves the right to refuse to perform any service under Breeding Contract for Fresh Cooled Semen except upon its receipt of authorization of applicable charges to the following account with respect to which Owner is an authorized user. Credit Card: q Visa q MasterCard Name on Credit Card: Credit Card #: Expiration Date: Security Code: Billing Address: Contact Phone: Authorized by: (SIGNATURE) Date: 7