align=left hspace=6 style='margin-left:6px;margin-right:-6px' v:shapes="_x0000_s1027">Regal Paints
Rick Brooks * Pam Pole
60 14th Lane NE
Vaughn, MT 59487
BREEDING CONTRACT FOR COOL ILLUSIONS
THIS AGREEMENT, is made and entered into this __________________ (day) of
___________________(month ) in the year of _________by and between
_______________________________________________________ hereinafter referred to as "MARE OWNER" residing at
and Pam Pole hereinafter referred to as "STALLION OWNER) located at 60 14th Ln NE, Vaughn, MT.
This contract is entered into and is between the undersigned known as “STALLION OWNER” and the undersigned “MARE OWNER”. This contract sets forth the rights and responsibilities of the parties for the breeding season 20_______.
The stallion providing breeding services under this contract is: Cool Illusions – APHA #845037
The mare to be bred is:
1. MARE OWNER shall pay the sum of $______________ as a breeding fee: One half (1/2) of which is payable at the time of the execution of this contract as a nonrefundable booking fee.
2. The balance of $___________ together with all unpaid mare care expenses shall be paid when the mare is retrieved. The mare will not be released to the owner or the owner’s agent of the owner’s representative until all fees are paid to date. The STALLION OWNER shall have a possessory lien on the mare of all unpaid bills. STALLION OWNER has and may assert and exercise a Right of Lien, as provided for in the laws of the State of Montana, for any amount due for the board and keep of the mare, and also for any storage charges due hereunder, and MARE OWNER further agrees STALLION OWNER shall have the right, without process of law, to attach a lien to said mare after two months of nonpayment or partial payment and STALLION OWNER can then sell mare to recover its loss. Should said mare not be sold prior to foaling, ownership of the foal shall be deemed the ownership of the STALLION OWNER.
3. STALLION OWNER shall provide suitable facilities for the care and feed of the mare and/or foal while in the possession of the STALLION OWNER.
MARE OWNER shall pay for the care and feed at the rate of $________ per day
for dry mares and $_______ for wet mares. Standard boarding will be in shared pen or shared pasture. It is mutually understood and agreed by and between the parties that the term dry mare is a mare without a standing foal at her side and
that the term wet mare is a mare with a standing foal at her side. Such charges shall be paid whether or not the mare is settled.
4. All Monies paid to the STALLION OWNER shall be CASH ONLY US CURRENCY. STALLION OWNER will not accept a personal check, a money order nor a cashiers check unless otherwise agreed upon mutually by both parties in writing.
5. MARE OWNER shall deliver the mare in a healthy, suitable and sound breeding condition free from infectious, contagious or transmissible disease or Lice. A current negative Coggins Test document with in the previous 6 months shall be delivered to the STALLION OWNER together with a photocopy of both sides of all registration papers for the mare, veterinarian’s health certificate, plus a health worming and immunization record must accompany the mare. If said health documents do not accompany the mare, the STALLION OWNER reserves the right to deny breeding services to the mare until such documentation is provided or the mare is in healthy and sound breeding condition. In the event the documentation is NOT provided all monies paid will be NON REFUNDABLE.
A. The REAR shoes of the mare MUST be removed.
B. The mare must be easily catchable and halter broke.
C. The mare must not Kick or Bite or Strike nor be a danger to STALLION OWNER or her representatives.
D. Mare Owner agrees to provide in writing any particular known health risks/circumstances which may be relevant
6. STALLION OWNER reserves the right to have the MARE OWNER remove the mare at ANY time should the mare prove to NOT be halter broke or should the mare prove to Kick, Bite or Strike and is a danger to the STALLION OWNER or her agents.
7. STALLION OWNER shall attempt with reasonable diligence to settle the mare; if however, for any reason the mare does not settle, MARE OWNER will hold STALLION OWNER harmless.
8. In the event the MARE OWNER desires to remove the mare from the STALLION OWNER before he has had ample opportunity to settle her, then all unpaid board expenses and the balance of the breeding fee shall be due and payable prior to removal.
9. MARE OWNER understands that the breeding will be a Live Cover and that the mare will NOT be hand bred and will be pasture bred ONLY.
10. MARE OWNER understands that a “COLORED” Foal is NOT guaranteed with this breeding.
11. STALLION OWNER guarantees a live foal from the breeding contracted for herein. “Live Foal” is defined as a foal that stands and nurses without assistance and survives for Twenty Four (24) hours. Should the mare prove not be in foal in the year bred or lose her foal or should the foal not stand and nurse without assistance, MARE OWNER shall notify STALLION OWNER in writing within one week of the foaling date or the date the mare is proved not to be in foal or loses her foal. Such notice shall be forwarded to the address of record of the STALLION OWNER and shall be accompanied by a statement from a licensed veterinarian verifying that the foal is not a “Live Foal” as defined above or that the foal has been lost as stated above. The Live Foal guarantee however shall be void and the STALLION OWNER released from any liability or obligation in the event that:
A. The Mare is sold by the MARE OWNER prior to foaling unless STALLION OWNER agrees in writing to continue the Live Foal Guarantee.
B. MARE OWNER breaches any representations or warranties as set forth in this agreement;
C. Mare’s failure to give birth to a live foal is due to the actions or inactions of MARE OWNER.
D. The booster Rhinopneumonitis vaccinations are not administered by the MARE OWNER as the Mare progresses through pregnancy.
12. The MARE OWNER does not provide Proper Notification to Stallion Owner Mare aborts her foal or delivers a stillborn foal. “Proper Notification” shall be defined as written certification by a licensed veterinarian within one week of the date the Mare aborted or produced a non-viable foal along with the MARE OWNER’S certification that the abortion or death did not result from any act or omission of the MARE OWNER.
Under the foregoing circumstances and upon receipt of the specified notice it is agreed as follows:
A. STALLION OWNER shall give to MARE OWNER a free season to the stallion the following breeding year if he is a standing and fertile stallion. This breeding is reserved to the same mare as originally booked unless otherwise mutually agreed in writing between MARE OWNER and STALLION OWNER, subject to the MARE OWNER being responsible for mare care at the current rate for that breeding season year.;
B. In the event MARE OWNER fails to deliver the mare or the agreed upon substitute mare as stated above for rebreeding the following year, then any and all fees paid shall not be refunded and the right to rebreed is thereby canceled unless otherwise mutually agreed in writing between MARE OWNER and STALLION OWNER.
C. Should the stallion no longer be in the possession of the STALLION OWNER or no longer fertile the MARE OWNER may choose another stallion owned by the STALLION OWNER. Replacement stallion breeding fee must be equal to or less than the breeding fee of the original stallion.
13. All parties agree that the STALLION OWNER or their agents or are NOT liable for death, sickness, injury, theft or accident including but not limited to the above caused to the mare or foal and STALLION OWNER is held harmless for any and all fees encountered should such an event happen and is held harmless should any such event occur. STALLION OWNER is NOT.liable for the value of the mare in the event of death and is held harmless for said value. This shall include, but is not limited to, any personal injury or disability that may occur to MARE OWNER, its agents, employees, or guests, while on the premises. MARE OWNER understands that engaging in equine activities including breeding a mare or boarding the mare or foal at another farm or facility is an inherently dangerous activity and that by so doing mare and/or foal are exposed to dangers both known and unknown including illness, injury, disease or death to the mare and/or the foal. Horses are large unpredictable animals which are dangerous and present a risk of injury no matter how much training they have and no matter what level of experience STALLION OWNER has and no matter what the situation. MARE OWNER agrees to indemnify and hold STALLION OWNER harmless for any loss or injury due to acts of said mare while on the premises of or under the control of STALLION OWNER, except where it can be proven without a doubt such was caused by the negligence of STALLION OWNER, its agents, officers, contractors or employees. If the MARE OWNER wishes the mare and/or foal at side to be insured it will be the sole responsibility of the MARE OWNER to acquire and pay all premiums for said insurance.
14. The MARE OWNER hereby grants license and permission to the STALLION OWNER to photograph the mare and any get of the above mentioned breeding for promotional purposes. The STALLION OWNER may identify the mare and the MARE OWNER in the event said promotion is engaged.
15. The STALLION OWNER hereby grants license and permission to the MARE OWNER to photograph the stallion for promotional purposes. The MARE OWNER may identify the stallion and the STALLION OWNER in the event said promotion is engaged.
16. The MARE OWNER hereby certifies that he/she is the actual owner of record of the mare and has all power and authority to enter into this particular agreement for the mare in question.
17. This contact shall be governed by the laws of the State of Montana and shall not be transferable by the MARE OWNER without the prior written consent of the STALLION OWNER. STALLION OWNER agrees to execute all necessary documents for the registration of the offspring of the breeding to the mare owner only after payment is received in full as a result of any bill or expense incurred on behalf of the mare and upon receipt of said Registration Application from the Breed Association by the STALLION OWNER. This agreement together with the Mare Discloser Statement constitutes the entire agreement between the parties. Any modification or amendments to the terms of this agreement must be in writing and executed by all parties.
18. It is the intention and desire of the STALLION OWNER to use their best efforts to impregnate the mare on the premises in a professional expert fashion.
This Agreement constitutes the entire Agreement between the parties. Any modifications or additions must be in writing and signed by all parties to this Agreement. No oral modifications will be considered part of this agreement unless reduced to writing and signed by all parties.
This Agreement shall bind the parties, their personal representatives, heirs, successors and assigns.
This Agreement shall be governed by the laws of the State of Montana . The parties hereto consent to the jurisdiction.
No waiver by STALLION OWNER of any provision hereof shall be deemed a waiver of any other provision or of any subsequent breach by MARE OWNER of the same or any other provision.
Each provision of this Agreement to be performed by the MARE OWNER shall be deemed both a covenant and a condition.
The headings and underscorings contained herein are for convenience purposes only and shall not be used to interpret nor be deemed to extend or limit the specific sections. The words enclosed in quotation marks shall be construed as defined terms for purposes of this Agreement. The terms "STALLION OWNER” and ",MARE OWNER" shall be construed to mean, when required by the context, the directors, officers, members, employees, invitees, servants and agents of STALLION OWNER or MARE OWNER.
Attorney's Fees. If either party named herein brings an action to enforce the terms of this Agreement or to declare rights hereunder, the prevailing party in any such action, on trial, arbitration or appeal, shall be entitled to reasonable attorney's fees and costs to be paid by the
losing party as fixed by the court or arbitrator.
This Agreement shall not be binding nor confer any rights upon either party unless and until executed and mutually delivered by and between both parties.
This Agreement does not create the relationship of principal and agent, a partnership or joint venture.
This contract is hereby executed as of the date signed by the STALLION OWNER which date shall govern the effective dates of said contract.
STALLION OWNER: _______________________________________________
Pam Pole - 60 14th Ln NE - Vaughn, MT 59487 - 406 467-2031
CITY, STATE, ZIP CODE:___________________________________________