Five Cs Farm
32 Walnut Hill Road
East Lyme, CT 06333
(860)-442-5422
Breeding Contract
This STALLION BREEDING CONTRACT for the breeding season of ______________, is made and entered into on this ____________, day of ____________________, ________, by and between Five Cs Farm, hereinafter designated Breeder, and ______________________________, hereinafter designated Mare Owner. Mare Owner agrees to breed the mare ______________________________, Reg. No. _________________, to the stallion ___________________________________________, Reg No. _________________, for the fee of $ ____________________________________, for a live foal, subject to the following conditions:
| 1. The stallion fee includes a non-refundable booking fee of $___________________, payable upon execution of this contract. The balance of this fee must be paid, with all other expenses, when mare is picked up or when Mare Owner is invoiced, whichever is first. Invoices are payable upon receipt. Mare Owner may not remove mare from Breeder's possession until all expenses are paid in full. | 9. A "Breeder's Certificate" will be issued for the foal, conceived by this mating, when stallion fees and all other expenses have been paid in full and when mare has either, at Breeder's option, (a) been pronounced safe in foal, or (b) has produced a live foal by this mating. |
| 2. Breeder agrees to provide suitable facilities for the care and feed of mare and/or foal while in his custody. Mare Owner agrees to pay for care and feed at $______________ per day for wet field mares; $_____________________ per day for dry field mares; $_________________ per day for dry barn mares; $________________ per day for wet barn mares. | 10. Both parties agree that ______________________(farm), the Breeder, their agents or employees are not liable for death, sickness and/or accident including consequential damages caused to the mare and/or foal unless such death, sickness and/or accident was by the willful and wanton gross negligence of the Breeder; and the Mare Owner is not liable for death, sickness, and/or accident including consequential damages caused to the stallion. |
| 3. Breeder will exercise judgement consistent with recognized standards in care and supervision of mare and/or foal. Breeder assumes responsibility for arranging veterinarian and farrier services as necessary. Breeder's veterinarian will examine mare for normal breeding conditions and administer medical care as deemed necessary for the health and safety of the mare and/or foal. All veterinarian and farrier expenses will be paid by Mare Owner. | 11. It is further agreed that should the stallion die, be sold by the owner, or become unfit for service, prior to settling the mare that $_____________ of the breeding fee will be refunded; if it has been paid in full, thereby canceling this entire contract; or, if the mare dies or becomes unfit to breed, the Breeder has the option to either (a) accept another mare according to the paragraphs 4 and 5 as a replacement, or (b) refund $ _____________ of the breeding fee, if it has been paid in full, thereby canceling this entire contract. |
| 4. Mares that are not halter broken will not be accepted | 12. This Contract is non-assignable and non-transferable. The Mare Owner is responsible for all personal property taxes and full insurance on mare and foal. Company ______________________ Policy Number __________________ Telephone Number ______________________. |
| 5. The mare shall be in a healthy and sound breeding condition, free from infectious, contagious, and transmissible diseases. A current negative Coggins Test, photostat copy of registration papers (both sides), veterinarian's health certificate, plus a health, worming and immunization record must accompany mare; if they do not, Breeder's veterinarian will examine and/or test mare at Mare Owner's expense. Breeder reserves the right to refuse mare if not in satisfactory condition. If mare is refused, the booking fee shall constitute liquidated damages. | 13. This Contract is entered into in the State of _____________ and will be interpreted and enforced under the laws of that state. If any clause in this Contract is against State Law, then that clause shall be null and void. |
| 6. Mare Owner agrees to pay $___________________ to have mare foal on Breeder's premises. All veterinarian expenses incurred in connection with the foaling shall be paid by Mare Owner. | 14. Should either party breach this contract, the breaching party shall pay for the other's court cost and attorney's fees related to such breach. |
| 7. Breeder agrees to diligently try to settle mare; however, if mare fails to settle, for any reason, Mare Owner will hold Breeder blameless. Mare Owner agrees to give Breeder ample opportunity to settle mare. | 15. This Contract represents the entire agreement between the parties. No other agreements or promises, verbal or implied, are included unless specifically stated in this written Contract. Additional conditions should be individually initialed by each party. If non, initial here ___________. _________________________________________ _________________________________________ _________________________________________ |
| 8. This Contract contains a "Live Foal Guarantee". A live foal is described as a newborn foal which stands and nurses without assistance. If foal is born dead, there are return privileges for the ___________ season only if Breeder is notified within ______ days and receives a veterinarian's statement confirming death. If after being pronounced "safe in foal", the mare should miscarry, abort or prove barren after leaving the Breeder's premises, Mare Owner has the privilege to return her for breeding during the current breeding season _____________________ through _____________________, or the following year, ________________. |
| When Mare Owner and Breeder sign this Contract, it will then be binding on both parties, subject ot the above terms and conditions. | |
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____________________________________________ Breeder's (or authorized agent's Signature Date |
____________________________________________ Mare Owner's (or authorized agent's Signature Date |
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____________________________________________ Description of Mare |
____________________________________________ Mare Owner's Address and Telephone number |
| Booking fee of $ ______________ received by _________________________ | |