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| Stallion Service Contract |
| You May Print and bring this Agreement with you or We will Have them Available at the Facility. |
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STALLION SERVICE AGREEMENT AND LIABILITY RELEASE Orion Stables 5495 West 303rd Street Louisburg, KS 66053 913-837-5799 913-837-5730 (farm) THIS STALLION SERVICE AGREEMENT AND LIABILITY RELEASE ("Agreement") is made and entered by and between __________________________________________(hereinafter, "Mare Owner"), and Orion Stables - Owner or Stallion Manager, but which will hereinafter be referred to as, "Stallion Owner"), on this ___ day of ____________, 20__. Mare Owner and Stallion Owner hereby agree as follows: 1.Purchase of Breeding Stallion Owner hereby sells and Mare Owner purchases a 2000 breeding season to the following stallion: Name:________________________ Breed:____________ Year of Birth:_______ [hereinafter referred to as "Stallion"], which entitles Mare Owner to breed Mare (defined in paragraph 7) to Stallion during the 2000 Breeding Season ("Breeding Season" covers the period of February 1 through June 1), subject to the terms and conditions of this Agreement. 2.Stallion Service Purchase Price Mare Owner agrees to pay to Stallion Owner the fee of $1250.00 in U.S. funds [plus applicable sales tax, if any]. A booking fee of $250.00 is due and payable at the execution of this Agreement and the balance of the stallion service fee is due and payable when Mare Owner retakes possession of Mare. An additional booking fee must be paid for each re-breed conducted after the year of initial service. 3.Mare Care Mare Owner agrees to pay for care and feeding of mare while in Stallion Owner's custody at $10.00 per day for wet mares; $8.00 per day for dry mares: and $12.00 per day for show mares or race mares. Invoices will be sent monthly. Mare Owner has inspected Stallion Owner's facility and is satisfied with same. The above fees in paragraph 2 and 3 do not include veterinary, farrier, or other services. Mare Owner agrees to pay charges for these services as they become due. Stallion Owner will submit monthly invoices to Mare Owner for mare care, veterinarian, or farrier, and other obligations pursuant to this Agreement, and full payment is required within 10 (ten) days from the date of each invoice. In the event that Mare Owner fails to make timely payment to Stallion Owner of any invoice sent pursuant to this Agreement, Stallion Owner reserves the right to impose, after ten days from the date payment is due, a late payment fee of 12 % per annum on all unpaid sums. A business purpose for this transaction is mutually understood. Stallion Owner will not release Mare and/or foal until all charges have been paid to Stallion Owne in full. 4. Live Foal Guarantee If the Mare Owner's mare is barren, aborts or fails to produce a single live foal that can stand up unassisted and nurse, Stallion Owner will allow Mare Owner a return breeding privilege of the Mare to Stallion (or a substitute mare if acceptable to Stallion Owner) in the next breeding season only, to the same Mare, provided that Mare Owner furnishes a satisfactory certificate issued by a licensed veterinarian attesting to either occurrence within thirty (30) days of the date of the occurrence. An additional booking fee, in the amount set forth within paragraph 2, must be paid for each re-breed conducted after the year of initial service. 5.Extinguishment of Foal Guarantees/Damages The purchase price set forth in paragraph 2, above, shall either be retained by or become immediately due and payable to Stallion Owner as liquidated damages and the Live Foal Guarantee above becomes null and void if Mare Owner does any of the following: A. Fails to pay fees due under this contract; B. Takes Mare (defined in paragraph 7) home before Stallion Owner has a reasonable and sufficient opportunity to settle Mare (that is, having the Mare bred through at least two heat periods or being certified in foal by Stallion Owner's veterinarian); and/or C. Breeds the Mare to another stallion in the 2000 breeding season without the written permission of the Stallion Owner. 6. Stallion Owner's Warranties and Disclaimers - Stallion Owner makes the following warranties and disclaimers, and Mare Owner accepts each one: A. Stallion Owner is the sole owner of the stallion referenced in paragraph 1, above, and has full authority and power to transfer title to a breeding season to Mare Owner. The season granted under this contract is free from all liens and encumbrances. B. Stallion Owner, its agents, employees, representatives, and/or assigns shall not be responsible for any disease, injury, death, theft, or accident to the Mare (and her foal, if any). C. STALLION OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE HEALTH CONDITION AND FERTILITY OF THE STALLION AND SPECIFICALLY DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF THE BREEDING SEASON PURCHASED UNDER THIS AGREEMENT. FURTHER, STALLION OWNER MAKES NO EXPRESS WARRANTIES OTHER THAN THOSE STATED IN PARAGRAPH 6. 7.Mare Owner's Warranties and Disclaimers Mare Owner warrants to Stallion Owner as follows: Mare Owner is the owner (or Lessee of record) of the mare named: __________________________________________, ___________ Registration No.:________________________ [which is currently ¨wet ¨dry ¨maiden], or a substitute thereto pursuant to paragraph 11 of this Agreement (collectively referred to as "Mare"), which Mare Owner will present to for breeding to Stallion during the 20___ breeding season under this Agreement. A. Mare is, to Mare Owner's knowledge, free from transmittable illnesses or diseases, and the following information issued by a licensed veterinarian applicable to Mare is attached to this Agreement. 1. Health Certificate issued by a within the past thirty (30) days 2. Negative Coggins Test issued within the past six (6) months 3. Negative Uteran Culture issued within the past thirty (30) days 4. The Mare is halter broken and reasonably safe for handling and breeding. 5. Mare Owner will remove rear shoes from Mare 6. Mare owner will have all stitching removed from the mare prior to arrival. 7. Mare Owner will allow Stallion Owner to have its veterinarian check Mare for normal breeding conditions and to perform pregnancy testing or such other veterinary services as Stallion Owner deems necessary. 8. Mare Owner shall pay all fees for such veterinary services. 9. Mare Owner will be solely responsible for seeking registration of the resulting foal in the appropriate breed registry/registries and will pay all associated fees or expenses. 10.Mare Owner will pay Stallion Owner's costs and expenses (including reasonable attorney's fees) if Mare Owner has breached any material term of this Agreement. 11.Release/Hold Harmless Mare Owner agrees to hold harmless and release Stallion Owner, Orion Stables, J.B. McCoy, et al, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of being on the premises of Orion Stables (unless Stallion Owner or Orion Stables caused the injury, damage, or loss intentionally or in reckless disregard for the safety of the Mare Owner). 12.Mare Owner agrees to hold harmless and release Stallion Owner, Orion Stables, J.B. McCoy, et al,and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of the breeding, handling, or keeping of the Mare at Orion Stables that may accrue from any cause whatsoever (including fire, theft, running away, accidents, illness, injuries or death) during the term of this Agreement and/or while the Mare (and foal, if any) is/are in the Stallion Owner's custody and control. 13.Mare Owner agrees to hold Stallion Owner harmless if Mare does not settle. 14.Kansas Law Warning Notice: WARNING Under Kansas law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of the equine activities. 8. Indemnification Mare Owner shall be solely responsible for all acts and behavior of Mare at all times while this Agreement is in effect. In no case shall Stallion Owner, Orion Stables, J.B. McCoy, et al, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf be liable for the acts and behavior of Mare unless they directly caused the injury due to gross negligence or willful and wanton misconduct on their part in breeding, handling, and/or keeping of the Mare. Mare Owner also hereby agrees to indemnify and hold Stallion Owner harmless against all damages sustained or suffered by any third person [not a party to this Agreement, including but not limited to Mare Owner's guests, visitors atOrion Stables, etc.] that were caused by the acts of the Mare, or her foal. 9. Substitute Mare/Stallion Owner's Refund Policy In the event of the death or incapacity of the Mare, Mare Owner shall be required to breed a substitute Mare to the Stallion, provided that the Stallion Owner has given advance approval in writing of the proposed substitute mare. No refunds shall be permitted. In the event of Stallion's death or unfitness for breeding, the breeding fee will be refunded but the booking fee will, at all times, be retained by the Stallion Owner. 10. Veterinary Treatment Mare Owner will allow a veterinarian selected by Stallion Owner, or Stallion Owner's Stallion Manager, to check the Mare for normal breeding conditions and to perform reasonable services Stallion Manager deems necessary (such as pregnancy testing, palpation, suturing, etc.). Mare Owner agrees to pay all fees for such services. In the event that Immediate treatment is necessary, Mare owner gives Orion Stables, J.B. McCoy, et al, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf permission to seek treatment for the mare and or foal. In the event that the mare and or foal should need emergency treatment beyond the capability of a selected vetrinarian, mare owner does _______ or Does not ________ (initials) give Orion Stables, J.B. McCoy, et al, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf permission to seek additional assistance from Kansas State University Equine Medical Facility in Manhattan, Kansas. Treatment is not to exceed the maximum amount of $_________. (initial) ______. Without further written consent. In the event that the Mare and or Foal is injured or becomes sickly to the point that Euthanasia is required, and the Mare Owner is not reachable by standard means, Mare Owner does ________ or Does not ________ (initial) give Orion Stables permission to seek Euthanasia, on advice of Selected Vetrinarian. The Vetrinarian under the employ of Orion Stables for all intents and treatments is: Dr. Todd Welsh Red Oak Equine Hospital Bucyrus, Kansas 913-533-2370 11.Stallion Service Certificate Stallion Owner reserves the right to withhold issuance of a Stallion Service or Breeder's Certificate applicable to the breeding hereunder until Mare Owner is current on all payment obligations to Stallion Owner. 13. Entire Agreement This Agreement contains the entire agreement between the parties with respect to its subject matter. All prior promises or understandings (either oral or written) between Mare Owner and Stallion Owner shall be void unless contained in this Agreement. Modifications to this Agreement will only be valid if in writing and signed by both Mare Owner and Stallion Owner. 14.Assignment This Agreement is not assignable by Mare Owner without the written permission of Stallion Owner. 15.Additional Terms and Conditions __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ MARE OWNER: By:____________________________ Print Name:_____________________ Date of Signature:________________ NOTE: If Mare Owner is a partnership or business entity, Mare Owner must present sufficient proof to Stallion Owner that the signing party has authority by the entity to execute this Agreement. STALLION OWNER: Orion Stables Emily McCoy (Agent) By:____________________________________ Print Name:____________________________ Date of Signature: _______________________ Important: MARE OWNER MUST PRODUCE TO STALLION OWNER: ¨ Copy of Negative Coggin's Test taken of Mare by a licensed veterinarian within six (6) months of the date Mare enters the premises of Stallion Owner or Orion Stables. ¨ Copy of Mare's current breed registration papers. ¨ Health Certificate issued by licensed veterinarian within thirty (30) days. ¨ Negative Uteran Culture Drawn from mare within thirty (30) days of date Mare enters the premises of Stallion Owner or Orion Stables. " If requested by Stallion Owner, proof of Mare's inoculations (including but not limited to strangles, rhino, flu, Potomac Horse Fever, etc.) ¨ Mare's Mortality Insurer & Policy #:_______________________ Mortality Insurer Emergency Phone No.:____________________ Questions? Contact Emily McCoy at Orion_Stables@hotmail.com |
| Louisburg | Kansas | 66053 |
 ~mailto:orion_stables@hotmail.com |
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