Prairie Thunder Ranch
This agreement is by and between Amber Christians, hereinafter referred to as Stallion Owner, and ________________________, hereinafter referred to as Mare Owner. The above signed mare owner requests a breeding service to the stallion, LEGADO DE FUEGO as follows during the 20____ breeding season. The tentative breeding season runs from March 1 through August 1 of each year. There may be exceptions in the length of the breeding season depending on the needs of the mare and stallion owner.
1. Delivery of mare: The mare, at owners expense is to be delivered and picked up from the stallion owners ranch. If mare owner has not made arrangements to pick up aforestated mare (and foal) within two months of aforestated mare's arrival, mare (and foal) will be considered abandoned and stallion owner will assume custody.
2. Veterinary certificate: We reserve the right to reject any mare physically unfit for breeding, unmanageable, or vicious. If the mare shows any suspicious discharge, the mare owner will be notified, and a culture will be performed at mare owners expense before breeding mare.
3. Negative coggins test required, out of state horses: Prior to or at delivery, the mare owner shall furnish to stallions owner evidence that the aforestated mare has a negative result to a coggins test for Equine Infectious Anemia (EIA) taken within the last six months prior to delivery.
4. Current inoculations and worming required: Prior to or at delivery, the mare owner shall furnish to stallion owner evidence that the mare has current inoculations against Tetanus, Eastern and Western Encephalomyelitis, Influenza, and Rhinopneumonitis. Rabies vaccination suggested but not required. Worming within two months, required. If satisfactory evidence is not so delivered the aforestated mare will be promptly given such vaccinations and worming at the mare owners expense.
5. Method of breeding: The method of breeding shall be at the sole discretion of the stallion owner so long as the method used is approved by the breed's registry.
6. Release of Liability: Neither the stallion owner nor any of their agents or employees is liable or responsible in any way what so ever for any sickness, disease, astray, theft, death, or injury to or incurred by said mare (and foal) while at the stallion owners property. Should aforestated mare (and foal) become missing, lost, estrayed, seriously injured, sick, or dead stallion owner hereby agrees to notify mare owner or his authorized agent immediately. Stallion owner hereby agrees to hold mare owner harmless from any claim resulting from damage or injury caused by aforestated mare (and foal).
7. Care of Mare: Stallion owner shall have complete discretion as to all veterinary and farrier care procedures while in the stallion owners care. The feeding program will also be under the discretion of the stallion owner.
8. Breeding fee: The mare owner agrees to pay to stallion owner a fee of $_________ payable as follows: $200 is due upon execution of this agreement (hereafter referred to as the booking fee and which is also considered a non-refundable handling fee) and the balance on or before the mare is removed from the care of the stallion owner. Please make all checks payable to Prairie Thunder Ranch.
9. Additional fees: In addition to the breeding fee, the mare owner shall be responsible for and shall pay to stallion owner promptly upon billing the following:
10. Live foal guarantee: Stallion owners will do everything in their power to see that the mare conceives and is settled. If the mare does not conceive or deliver a live foal which stands and nurses, the same mare may be brought to the stallion for re-service in consecutive years until a live foal is produced, or until three breeding seasons have passed, whichever comes first. If the mare is not returned in consecutive years this contract will become null and void.
In the event of the sale or death of the stallion or if the stallion becomes permanently unfit for service and the mare does not deliver a live foal that stands and nurses, the mare owner may elect to use a substitute stallion of the same breed, rebreed with frozen semen (if available), or have the stud fee, minus the booking fee, refunded. A new booking fee of $200 is due at the beginning of each breeding season.
The a foregoing live foal guarantee shall not be applicable unless
11. Breeding fees are non refundable in the event, the aforestated mare is unable to be "settled", unable to carry foal to term, unable to produce a live foal, or dies an approved substitute mare may be used if it is verified by a licensed veterinarian that the original mare will not produce a live foal, or has died. In the event of the sale or relocation of aforestated mare, or owner simply wishes not to re-breed aforestated mare, a substitute will not be allowed.
12. Halter broken and restraint: Mares that are not halter broken and cannot be restrained will not be accepted. Stallion owner reserves the right to use any methods of restraint necessary to insure the safety of the mare, stallion, and handlers. We require that the aforestated mare's shoes be removed.
13. Service by another stallion: Exposure to or service by another stallion after aforestated mares departure from stallion owners farm automatically voids this contract and stallion owner reserve the right to refuse to execute any papers necessary for the registration of any foal from aforestated mare.
14. Execution of papers: Stallion owners guarantee to sign any and all papers connected with this contract. However no papers will be signed until the contract is completed, all bills have been paid and the stallion owner has been notified of the birth of the foal. It is the mare owner's responsibility to verify the registration requirements for the foal in the registry selected. Stallion owner agrees to provide one breeding certificate to the registry requested by the Mare owner. Legado De Fuego is approved for breeding with the RPSI and the AWS. The registry you would like to register with is: ______________
15. Stallion Owner hereby agrees that Mare Owner may go upon Stallion Owner's premises at any time and inspect aforestated mare (and foal), and determine if same is in good health and properly cared for.
16. NOTICE: Under South Dakota law, an equine professional is not liable for an injury to, or death of, a participant in equine activities resulting from the inherent risks of equine activities pursuant to SDCL 42-11-2.
17. Entire agreement: This agreement constitutes the entire agreement between the parties and may not be modified except in writing signed by both parties hereto.
18. In the event of any type of legal action or lawsuit initiated by the mare owner, all lawyer fees, court costs, and fees pertaining to the lawsuit will be paid by the mare owner.
19. Non-assignable: This agreement shall in all respects bind and inure to the heirs, executors, administrators, successors, and assigns of the parties provided, however, that this contract shall not be assigned or transferred by either party hereto without the written consent of the other. This contract shall be interpreted in accordance with the laws of the State of South Dakota and its validity and administration shall be governed by said laws.
20. This agreement shall be binding upon the parties whose signature appears on this document. Upon breach of this agreement by one party, the other party may terminate this agreement.
**If Owner is a minor a parent or guardian must sign.
Printed Name of Mare Owner/Agent Printed Name of Stallion Owner/Agent