Fame VF+ Hal Flirtatious. Echo Magnifficoo. HC Amareekha
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- Hilary Kelley
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2 Fame VF+ Bey Shah+ Bay El Bey++ Star of Ofir Audacious PS Raffoleta-Rose Raffon++ Leta Rose Hal Flirtatious *Hal Gazal Eleuzis *Bufa ART DEKKO TT 2003 Bay Stallion Echo Magnifficoo Al-Ra Pentar Aladdinn Echo *Ibn Antar Pensive *Aladdinn Gaamara HC Amareea S S Magnolia An Magno+++/ SS Soufianna HC Amareekha *El Mareekh MFA Mareekh Amir MFA Monien Balleryna Jora Honey Ku++ Marahssena
3 GALLÚN FARMS INC. P.O. Box 1949 Santa Ynez, CA Phone: Fax: Dear Client: Thank you for your interest in the stallion, Art Dekko TT for the 2015 breeding season. Please find his photo, pedigree, 2015 breeding agreement, and breeding fee schedule attached here. For additional photos and program nomination information visit Please feel free to contact us with questions at , or via at We look forward to hearing from you! Sincerely, Greg & Nancy Gallún Gallún Farms, Inc.
4 *Contract expires without execution 30 days from issue date listed and initialed below. Gallun/ADP Representative: Initial Date: ART DEKKO PARTNERS, LLC 380 N Old Woodward Ave. Suite 290 Birmingham, MI ART DEKKO TT BREEDING CONTRACT 2015 I. Parties. THIS AGREEMENT is made this day of, 20 by and between Art Dekko Partners, LLC (hereinafter ADP, and: Name (hereinafter Client ) Address City State Zip Residence Phone Business Phone Fax Number Farm Name and Address (if different) Address II. Horse. This Agreement pertains to the purebred or part Arabian horse (hereinafter the Horse or the Mare ): Name of Horse Sire Dam Registration Number Date Foaled Color III. Ownership. Client (make one): ( ) owns 100% of Horse; ( ) leases/purchased embryo from: Name Address If Client does not own 100% of the Horse, the names, addresses and phone numbers of all owners of the Horse are: Client represents and warrants that Client is authorized to bind each owner of the Horse to this Agreement, as if each such owner was the Client hereunder and Client acknowledges and agrees that the liability of each owner of the Horse under this Agreement shall be joint and several. IV. BREEDING STUD FEE. Client contracts to breed the Mare to Art Dekko TT AHR # (Hereinafter the Stallion ) during the 2015 breeding season. The Stud Fee for this Breeding shall be $3, USD. A $1, deposit shall constitute as a final, irrevocable and non-refundable Booking Fee due at the signing of this contract. The Balance of the Stud Fee shall be paid as follows: The unpaid balance of $2, shall be paid in full prior to semen shipment. If the Client pays for the Breeding in full upon execution of this Agreement, the total cost of the Breeding shall be $3,000.00; in which $ of that total sum shall constitute as a final, irrevocable and non-refundable Booking Fee. Client represents and warrants the Mare shall be suitable for breeding or rebreeding and shall be free of all disease and illness at such time. Collection, insemination, and shipping fees are to be paid by the Mare owner and are in addition to the stud fee. Client agrees that should the Stallion be unavailable or unable to breed or rebreed the Mare or ( Substitute Mare as hereinafter defined), with either cooled or frozen semen, all obligations of ADP and the client shall terminate and Client s sole remedy in such event shall be a refund to the Client of the Stud Fee paid less the $1, Booking Fee. It is understood that this Breeding is non-transferable and non-saleable. Page 1 of 2
5 *Contract expires without execution 30 days from issue date listed and initialed below. Gallun/ADP Representative: Initial Date: REBREEDING: If the Mare is bred to the Stallion and fails to produce a live foal (defined as a foal that stands, suckles and survives seventy-two (48) hours after birth), ADP will provide a rebreeding to the Mare or substitute Mare (upon written approval from ADP) the immediate following breeding season; provided that: 1. The failure to produce a live foal is certified in writing by a licensed veterinarian within one (1) week of such determination and such certification is provided to the Stallion owner within two (2) weeks from determination. 2. The Failure of the Mare to produce live foal was not contributed by any act or omission of the Client or any other person or entity. 3. The Mare was, during her pregnancy, vaccinated against Rhinopneumonitis abortion. 4. Client is not at the time of any intended re-breeding in breach of any obligation owed to ADP or any of its affiliates. 5. Client pays a re-handling fee of $ In addition, Client may carry over the breeding to the following breeding season (2016) provided, the Mare is bred and fails to conceive and Client pays a re-handling fee of $ If no attempt to breed the Mare in 2015 occurs then Client will be charged a Rebooking Fee of $1,000 in 2016 or any subsequent year the breeding remains unused. V. LIMITATION OF LIABILITY; ASSUMPTION OF RISK; INDEMNIFICATION AND LEGAL ACTION. A. All special, incidental, and consequential damages, including, but not limited to, lost profits, are hereby excluded disclaimed and shall not be awarded or recovered by Client. In no event shall Client s remedies exceed the amount of the fee paid for the service complained of. B. As a condition precedent to any legal action by the Client, Client shall notify ADP in writing at least thirty (30) days in advance of initiating any legal action against the Released, or any of them, regarding or concerning, in whole or in part, the Horse, any of Client s horses, the Agreement or any other claim against the Released. Within twenty (20) days of receiving such notice, ADP or any of the Released shall be entitled to require that such action be resolved by submission to binding arbitration before the American Arbitration Association ( AAA ), in accordance with the Rules of the AAA, with such arbitration to take place in State of Michigan. If ADP or any of the Released elects binding arbitration, ADP, the Released and Client to the fullest extent allowed by law, waives trial by jury or by court. Notwithstanding anything herein to the contrary, any action, proceeding or arbitration against the Released regarding the Horse, any of the Client s horses, this Agreement or any other claim against the Released or any of them must be filed with a court competent subject matter jurisdiction or the AAA (if ADP or the Released so elects) no later than one hundred twenty (120) days from the date of the claimed loss or be forever barred. The prevailing party to any such action, proceeding or arbitration shall be entitled to collect all reasonable attorneys fees and costs, in addition to all other relief, through and including petitions and appeals. VI. ACCEPTANCE. THE CLIENT AND ARP MUST SIGN THIS AGREEMENT AT THE TIME OF OR PRIOR TO BREEDING. VII. ASSIGNABILITY. Client may not assign any right or delegate any duties under this Agreement without written consent of ADP, which may be withheld in ADP s discretion. ADP may assign any right or delegate any duties under this Agreement upon written notice to Client. Any breech of this contact by Client, ADP will not sign the registration form for the resulting foal. In the event, Client uses semen shipment to inseminate multiply Mares or a different Mare from the one stated on this Agreement without prior written consent of ADP then Client shall be responsible for any additional stud fees and handling charges to affiliates. Client may be subject to a $1, penalty to be paid to ADP if semen is used on multiple Mares sold or traded without prior written consent of ADP. Furthermore, any resulting foals will not be eligible for registration unless all financial obligations are satisfied. VIII. TAXES. Client shall pay for and shall indemnify and hold ADP harmless from any sales, excise, use or similar tax relating to the Horse or any of the Client s horses, including and interest and penalty hereon. IX. ENTIRE AGREEMENT: INTERPRETATION; CHOICE OF LAW; ETC. This Agreement contains the entire understanding of the parties concerning the subject matter and supersedes any prior or contemporaneous agreement between the parties. This Agreement may only be modified or amended in writing stating the modification or the amendment of this Agreement, which is signed by the Client and ADP. This Agreement shall not be construed against the ADP on the basis that ADP drafted the same. Headings are for the convenience only and are in part of this Agreement. The invalidity of or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the remainder. The Agreement shall be construed and governed by the internal laws of the State of Michigan. THE CLIENT HAS READ AND ACCEPTS ALL THE TERMS OF THIS AGREEMENT. CLIENT SIGNATURE DATE Page 2 of 2 ART DEKKO PARTNERS, LLC DATE
6 Gallun Farms, Inc Phone Fax P. O. Box Edison Street Santa Ynez, CA Breeding Fee Schedule The following fees are to be paid by the Mare Owner: Handling Fee Per Shipment $ (Includes stallion collection and semen processing: Priority Overnight Shipping Charges and/or Air Charges to be paid by mare owner in addition to Handling Fee) Equitainer Late Fee $25.00 per day (Equitainer must be returned within 4 business days from ship date this policy will be strictly enforced late fees will be charged to the credit card on file) Courier Service $175.00/weekday $225.00/weekend or holidays Airline Fee $ (All shipments being sent by air are based on availability and will be taken to the airport via a courier service. All shipments will depart from Santa Barbara Airport on United Airlines or US Airways and Gallun Farms will not guarantee that same day arrivals are possible.) CREDIT CARD NUMBER and COMPLETED AUTHORIZATION FORM WILL BE REQUIRED PRIOR TO SEMEN BEING SHIPPED. CREDIT CARDS WILL BE CHARGED ON THE DAY OF SEMEN SHIPMENTS. Gallun Farms shall provide semen from the stallion indicated on this form provided the request coincides with a binding Breeding Agreement. Gallun Farms makes no other guarantees expressed or implied as to the condition of the semen once the equitainer has left our care. Gallun Farms Stallion collection days are Monday, Wednesday and Friday only. Gallun Farms must receive 24 hour notice for semen shipments. All Shipments will be processed as requested on a first come first serve basis. Stallion Requested: Mare Name (REQUIRED): Mare AHR# (REQUIRED): Mare Owner: Mare Owner Signature: Date: Credit Card Information: (By completing and signing below, the client understands that their credit card will be charged for services listed above. Gallun Farms also retains the right to charge shipping fees directly to any credit card that is declined by FedEx.) Name: Farm Name: Fed Ex Account# (Optional): Billing Address: Phone: Fax: Visa / MC Number/AMEX: Exp. date Sec. Digits Card Holder Signature: Date:
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