Equine Breeding Agreement. (a) The Breeder may not assign or transfer this Agreement or any interest in this Agreement.

Transcription

1 Equine Breeding Agreement This Equine Breeding Agreement (the Agreement ) is entered int as f by and between Hilltp Farm, Inc., a Maryland crpratin with its principal place f business at 1089 Nesbitt Rad, Clra, MD ( Hilltp ) and the breeder identified belw (the Breeder ) fr the purpse f breeding the Stallin identified belw (the Stallin) t the Breeder s mare identified belw (the Mare ), with the gal f prducing ne Live Fal, defined as a fal that stands, nurses, and survives the first 72 hurs after birth. 1. BREEDER: BREEDER INFORMATION Breeder s Name: Address: Phne: (hme) (cell) (wrk) (fax) (a) The Breeder may nt assign r transfer this Agreement r any interest in this Agreement. 2. STALLION. STALLION INFORMATION (the Stallin ) Stallin s Name: Fiti AL Breed/Registratin Number: PRE / (a) The Mare Owner shall have n right, title r interest in the Stallin except fr the breeding rights expressly set frth in this Agreement. All breeding under this agreement is t be by artificial inseminatin with frzen semen frm the Stallin. This cntract allws fr a maximum f six (6) dses f semen frm the Stallin t prduce ne fal. Shuld the Mare fail t prduce a Live Fal within the available dses f frzen semen frm the Stallin, the Mare Owner may then elect t switch t a Hilltp-wned stallin. The Breeder s selectin f a Hilltp-wned stallin is subject t availability. (b) Frzen semen may be shipped year-rund. (c) After the first shipment f semen, there will be n refund f Breeding Fees Hilltp Farm Breeding Agreement Page 1 f 6

2 3. MARE. MARE INFORMATION (the Mare ) Mare s Registered Name: Mare s Barn Name: WILL THIS BE AN EMBRYO TRANSFER BREEDING? Yes r N (circle ne) Age: Height: Breed: Registratin #: A COPY OF YOUR MARE S REGISTRATION PAPERS MUST BE ATTACHED. Registries Mare is Apprved fr Preferred Registry fr Breeding with: Yur Fal: Mare s Breeding Status: Planned Mnth f Breeding: Mare s Breeding Histry: Years Bred; Fals Prduced; Any Health Cncerns Has yur mare been tested fr Warmbld Fragile Fal Syndrme (WFFS)? Yes r N (circle ne) Results: Wuld yu like t receive additinal inf n WFFS? Yes r N (circle ne) (a) A Breeding Sundness Exam prir t breeding, including a uterine culture and cytlgy, is recmmended but nt required fr all mares prir t breeding. If a mare fails t settle after tw breeding cycles, the Breeder will be required t submit culture and cytlgy results t Hilltp prir t any additinal shipments f semen. (b) The Breeder may substitute a new mare that is wned r leased by the Breeder if the abve Mare is n lnger suitable fr breeding. Cmplete infrmatin n the new mare must be supplied t Hilltp prir t requesting r using semen. The substitutin f a replacement Mare des nt extend the riginal terms fr the Agreement. 4. EMBRYO TRANSFERS. (a) Hilltp must be ntified at the executin f this Agreement if the Breeder intends t use Embry Transfer as a means f prducing a fal frm this breeding. It is the respnsibility f the Breeder t arrange fr the Recipient Mare r Mares and the Breeder bears all csts, respnsibility, and risk assciated with them. (b) In the case that multiple embrys are recvered frm the Dnr Mare, the additinal embrys may be transferred t multiple Recipient Mares at the Breeder s discretin. The Breeder must ntify Hilltp f any additinal pregnancies nt later than 18 days pst implantatin. An additinal Breeding Fee f 50% f the Breeding Fee as set ut in the Agreement will be due fr each additinal Live Fal resulting frm the transfer f multiple embrys frm the same breeding. The additinal Breeding Fee fr each additinal Live Fal is due nt later than ne week after the birth f each additinal fal. (c) Permissin t transfer multiple embrys frm ne breeding f the Dnr Mare des nt in any way imply the right t breed any mare ther than the identified Dnr Mare t the Stallin with semen shipped pursuant t this Agreement, r t re-breed the Dnr Mare with semen shipped pursuant t the Agreement while there is at least ne viable pregnancy r if a Live Fal has been prduced. If the Breeder wants t rebreed the Dnr Mare t achieve additinal pregnancies while there is a successful surrgate pregnancy in prgress, a new Breeding Agreement must be executed. (d) Freezing f embrys is nt permitted under this agreement withut prir written cnsent frm the Stallin Owner. 5. FEES Breeding Fee: $1200 ($300 bking fee + $900 service fee) Available Discunts check if eligible: Maximum f 1 discunt per cntract. Ttal Breeding Fee Due: Breeding Fee minus any discunts fr which the Breeder is eligible 10% EMC/Premium/ Ster OR 15% Elite/ Keur discunt 10% Exceptinal Prducer discunt (3 r mre Premium ffspring, r 1 r mre Natinal Champin ffspring r Internatinal level cmpetitrs) 10% Perfrmance Mare discunt (PSG dressage, level 6 jumpers, Intermediate eventing, r 3 6 hunters) 10% Multiple Mare discunt (must be bked at the same time) 10% Return Breeder discunt 2018 Hilltp Farm Breeding Agreement Page 2 f 6

3 (a) Payment f Fees. The Bking Fee ($300) is due upn executin f this Agreement. The remaining Service Fee can be paid at the same time as the Bking Fee r any time prir t the first shipment f semen. (b) Cllectin and Shipping Fees. Cllectin and shipment f semen fr Hilltp stallins is perfrmed by Select Breeders Service, Inc. ( SBS ). The cllectin f semen and shipping expenses (which tgether cmprise the Distributin Fees ( Distributin Fees ) are set ut in Hilltp s Schedule f Breeding Fees fr the current breeding seasn and are payable t SBS. The Distributin Fees will be charged t the Mare Owner s credit card prir t each semen shipment. (c) Cntainer Security. Semen is shipped in specialized cntainers which shall at all times remain the prperty f Hilltp r SBS. Fr each shipment f semen, the shipping cntainer must be returned t Hilltp r SBS in gd cnditin within the timeframe listed n the cntainer and by the methd specified in the cntainer dcuments. A Late Fee, as set ut in the Schedule f Breeding Fees, may be assessed fr late return f the shipping cntainer. Any lss f r damage t the cntainer will be the respnsibility f the Breeder and will be charged t the Breeder s credit card. (d) Credit Card Required. Hilltp requires that the Breeder prvide valid credit card infrmatin fr securing the semen shipping cntainer depsit and fr the billing f Distributin Fees prir t each shipment f semen. Other fees may be charged directly t the credit card at the Breeder s request. The Breeder s signature n the Credit Card Authrizatin Frm that fllws this cntract is authrizatin fr Hilltp and/r SBS t charge the credit card fr Distributin Fees and t charge the credit card fr lss f r damage t the shipping cntainer, as well as fr the amunt f any returned check plus relevant bank fees. 6. SEMEN SHIPMENT AND ADMINISTRATION. (a) Upn payment f the Breeding Fee the Breeder is entitled t shipments f semen frm the Stallin during Hilltp s 2018 breeding seasn until the Mare cnceives and sustains a pregnancy. The Breeder is eligible t receive a maximum f 6 dses f frzen semen ver the duratin f the cntract. Shuld the Mare fail t prduce a Live Fal as a result f breeding during the 2018 seasn, the Breeder may receive shipments f semen frm the Stallin during the 2019 breeding seasn, pursuant t the terms f the Right f Return set ut in Sectin 9, belw, until the maximum f 6 dses is reached. Shuld the Mare fail t prduce a Live Fal within the available dses f frzen semen frm the Stallin, the Mare Owner may then elect t switch t Hilltp-wned stallin. The Breeder s selectin f a Hilltp-wned stallin is subject t availability. (b) In rder fr Hilltp t issue a breeding certificate fr the breeding cntemplated under this Agreement, and fr the Right f Return t be valid, the Mare must be bred by a licensed veterinarian r a breeding technician apprved by Hilltp. The same persn must sign the Mare Breeding Passprt. (c) Semen prvided under this Agreement may nt be used t breed any mare ther than the Mare identified in this Agreement r t re-breed the Mare nce a Live Fal has been prduced r a Recipient Mare is cnfirmed in fal under this Agreement. (d)the Mare Owner assumes the risk f missed breeding pprtunities due t prblems with timing f the Mare s vulatin, the Mare s fertility, shipping r handling f the semen after it leaves SBS. (e) If frzen semen is utilized and unused dses remain after the mare is cnfirmed in fal 60-days pst vulatin, all unused frzen semen must be returned t Hilltp Farm. (f) Semen is typically available Mnday thrugh Friday. Whenever pssible, semen is shipped vernight via Federal Express. (g) Requests fr semen must be made by 9PM Eastern Time f the day preceding cllectin and shipment r pick-up. Frzen semen must be sent Mnday thru Friday. ALL requests fr semen shipments must be made via TELEPHONE. Late ntificatins will be accmmdated if pssible, but cannt be guaranteed and there will be an additinal late fee assessed by SBS Hilltp Farm Breeding Agreement Page 3 f 6

4 SHIPMENT DESTINATION INFORMATION Attentin: Address: Special Delivery Instructins: Waive Signature: (circle ne) Phne: (hme) (cell) YES r NO (wrk) ( ) Preferred Airprt fr Shipping if Same-Day Shipment Needed: VETERINARY INFORMATION (if different than Shipment Destinatin) Vet s Name: Clinic Name: Address: Phne: (wrk) (cell) (fax) ( ) 7. PREGNANCY CHECKS. The Mare Owner agrees t submit t Hilltp cnfirmatin f the mare s pregnancy at days pst-vulatin and at days pst vulatin. Hilltp recmmends additinal pregnancy checks at 28 days pstvulatin and between days pst-vulatin. The cmpleted Mare Passprt must be received by Hilltp nt later than September 15 th. If pregnancy checks are still pending at that time, the Mare Passprt shuld be returned and written cnfirmatin f additinal checks shuld be sent fllwing each pregnancy check that ccurs after September 15 th. 8. BREEDING CERTIFICATE. Upn written cnfirmatin f pregnancy at 60 days, Hilltp Farm will issue a Breeding Certificate fr the apprpriate breed registry. In the case f Embry Transfers, n Breeding Certificate will be issued fr additinal pregnancies until any additinal Breeding Fees due have been received by Hilltp. 9. RIGHT OF RETURN. (a) The Breeder may breed the Mare under this Agreement during a secnd cnsecutive seasn under the fllwing cnditins: (a) a Mare Breeding Passprt signed by a licensed veterinarian is received by Hilltp nt later than September 15 th in the first seasn under this Agreement, certifying that the Mare has nt becme pregnant during the first breeding seasn; r (b) the Mare fails t prduce a Live Fal, Hilltp is verbally ntified within 72 hurs f the fal's death, miscarriage r discvery f reabsrbtin, and such verbal ntificatin is fllwed within ten (10) days by a signed written statement frm a licensed veterinarian stating the details f the lss f the pregnancy r fal. If such ntificatin is nt received within the perid required, the Right f Return prvided herein becmes null and vid. Distributin Fees fr the return seasn will be at the rates in effect during that subsequent seasn. (b) In the case f Embry Transfers, the Right f Return shall apply nly if there is n Live Fal prduced frm any implanted embrys. Lss f additinal fals frm multiple implanted embrys des nt entitle the Breeder t the Right f Return if there is at least ne Live Fal prduced under the Agreement. 10. TERM AND TERMINATION. This Agreement shall cntinue until bth parties have met their bligatins hereunder. The last date fr Hilltp t prvide semen fr breeding under this Agreement is August 15, 2019 fr cled semen and Nvember 30, 2019 fr frzen semen Hilltp Farm Breeding Agreement Page 4 f 6

5 11. ASSUMPTION OF RISK, WAVIER OF CLAIMS, INDEMNIFICATION. The Breeder assumes all respnsibility fr the care, custdy, cntrl and cnditin f the Mare thrughut the breeding, pregnancy, faling and suckling perid, including all veterinary and ther additinal csts f breeding the Mare, and assumes all risk f lss r damage t the Mare and t any resulting fal, whether by death, disease, injury, infectin r therwise. The Breeder acknwledges that breeding prvides heightened physical risk t a mare and agrees t waive any claims against, indemnify, release and hld harmless Hilltp, SBS, their directrs, agents, emplyees and assigns, frm any and all claims, demands, damages, actins, suits, attrney s fees and csts, bligatins r liabilities f any kind that are in any way related t the Mare r t the breeding r inseminatin f the Mare. 12. GENERAL TERMS. Hilltp s waiver f any breach r failure t insist n cmplete perfrmance f any term under this Agreement is nt t be cnstrued as a general waiver as t the ther terms r as t nging waiver f the same term f this Agreement, and will nt impair Hilltp s future right t enfrce its rights hereunder. This Agreement cnstitutes the entire agreement between the parties with regard t the subject matter addressed herein, and there are n ther understandings, representatins, warranties r agreements, ral r written. This Agreement may nt be changed, mdified r amended in whle r in part, except in writing, signed by bth parties. This Agreement shall be gverned by and cnstrued under the laws f the State f Maryland withut regard t cnflict f law principles, and the curts f the State f Maryland shall have exclusive jurisdictin ver any disputes arising hereunder, except that the parties agree first t try t settle any disputes arising hereunder thrugh mediatin using a neutral mediatr familiar with bth the applicable law and the custms and practices f the sprt hrse breeding industry. IN WITNESS WHEREOF, intending t be legally bund hereby, the parties have entered int this Agreement n the date first written abve. HILLTOP FARM, INC. BREEDER By: Its Breeding Manager, as duly authrized By: 2018 Hilltp Farm Breeding Agreement Page 5 f 6

6 Hilltp Farm, Inc. Credit Card Authrizatin Frm The undersigned card hlder hereby authrizes Hilltp Farm, Inc. and/r Select Breeders Service, Inc. t charge the credit card belw fr distributin charges in cnnectin with the shipment f equine semen, lss f r damage t equine semen shipping cntainers, r any amunts due t Hilltp Farm, Inc. which are utstanding at least 60 days past the date f invice, and fr any ther amunts due t Hilltp Farm, Inc. that I request be directly charged t my card. This authrizatin shall last until the cmpletin, expiratin r cancellatin f any cntract int which I have entered with Hilltp Farm, Inc.: Please print clearly! Visa, American Express r MasterCard Number: Expiratin Date: Verificatin ID # (3 digits n back f credit card): Name f Card Hlder as it appears n card: Billing address fr card: Card Hlder Signature: Please initial belw if applicable: I am enclsing payment fr my Breeding Fee by check. OR Charge my Bking & Service Fees t my credit card at this time. OR Charge t my credit card the Bking Fee nw and the remaining Service Fee prir t the first shipment f semen Hilltp Farm Breeding Agreement Page 6 f 6