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P.O. Box 2281
Prescott, AZ 86302
laura@signaturewest.com

2005 Stallion Breeding Contract


This Agreement entered into this _____ day of _________, 20__, is by and between Laura Jo West dba Signature West Paint Horses hereinafter referred to as “Breeder” and ____________________________, hereinafter referred to as “Mare Owner.” Mare Owner agrees to breed the mare ____________________,
Registration #_______________, to the stallion Autograph, # 238966, for the fee of $850, for a live colored foal, subject to the following conditions: 

1. The breeding fee includes a non-refundable booking fee of $250, payable upon execution of this contract. The balance of this fee must be paid, with all other expenses, when the mare is picked up or when mare owner is invoiced, whichever occurs first. Invoices are payable upon receipt. Balances remaining 30 days after invoice will be subject to finance charges at the rate of 2.0% monthly. Mare Owners opting to receive shipped semen are responsible for additional costs prior to first shipment (see Cooled Transported Semen Addendum).

2. Breeder agrees to provide suitable facilities for the care and feeding of mare (and foal, if applicable) while in her custody. Mare Owner agrees to pay for routine care and feed at the rate of $8.00 per day for dry mares, and $9.00 per day for wet mares. The rates for indoor facilities (with or without a light program) are $13.00 per day for dry mares, and $15.00 per day for wet mares.

3. Breeder will exercise judgment consistent with recognized standards in care and supervision of mare and/or foal. Breeder assumes responsibility for arranging veterinary and farrier services as necessary. Breeder’s veterinarian will examine mare for normal breeding conditions and administer medical care as necessary for the health and safety of the mare and/or foal. All veterinarian and farrier expenses will be paid by Mare Owner.

4. The mare shall be in healthy and sound breeding condition, free from infectious, contagious, and transmissible diseases. A current negative Coggins test, photocopy of mare’s registration papers, 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 or if mare’s behavior is consistently unsafe and/or unmanageable. If mare is refused, the booking fee shall constitute liquidated damages.

5. Mares will be bred by artificial insemination only.

6. Breeder agrees to diligently try to settle mare; however, if mare fails to settle, for any reason, Mare Owner will hold Breeder harmless. Mare Owner agrees to give Breeder ample opportunity to settle mare. Mare Owner acknowledges that the Breeder cannot guarantee that a mare will settle.

7. This contract includes a live foal guarantee. A live foal is described as a newborn foal that stands and nurses without assistance. If foal is born dead, there are return privileges for the following season only if Breeder is notified within ten days by a licensed veterinarian that the mare has slipped or produced a nonviable foal. If after being pronounced “safe-in-foal” the mare should miscarry, abort, or prove barren, Mare Owner has the privilege of returning her for breeding during the current breeding season (February 15 – June 30) or during the 2006 breeding season only.

8. A non-refundable $150 booking fee will be charged for second season rebreeds on mares that were bred using shipped semen, mares that were confirmed in foal prior to departure from the farm, or mares returning for rebreed on a color guarantee. Mares boarded and bred on the farm that do not settle in 2005 will not be charged additional booking/chute fees on second season rebreeds.

9. Mare Owners opting to pick up semen from the farm will be subject to the terms and conditions of the Cooled Transported Semen (CTS) Addendum.

10. Mare Owners who wish to bring their mares to the farm for breeding only, will be subject to the same terms and conditions of the CTS Addendum and will be charged $25 per insemination in addition to specified collection fees.

11. This contract contains a color guarantee. If the resulting foal cannot be registered in the regular registry of the American Paint Horse Association, Mare Owner has the option of rebreeding the same mare, or a substitute mare approved by the Breeder, at a reduced rate the following breeding season only. Mare owners choosing to rebreed on a color guarantee will be charged an amount equivalent to ˝ the 2005 advertised breed fee (i.e a non-refundable $150 booking fee plus an additional $275 breed fee).

12. All mares must stay at Signature West Paint Horses until pronounced in foal at 18-20 days. Early removal of the mare voids all guarantees associated with this contract. Breeder strongly encourages Mare Owners hauling more than 250 miles to leave mare on Breeder’s premises until pronounced 35 days in foal.

13. A Breeder’s Certificate will be issued to Mare Owner after all expenses have been paid in full and upon notification of the birth of the foal.

14. The Mare Owner does hereby agree that Signature West Paint Horses, 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 caused by the willful and wanton gross negligence of the Breeder. The Mare Owner is not liable for death, sickness, and/or accident including consequential damages to the stallion.

15. In the event of the death or incapacity of the mare, Mare Owner has the opportunity to breed a substitute mare to the stallion, provided that the Breeder has given advance approval in writing of the proposed substitute mare. No refunds shall be made. In the event of stallion’s death or unfitness for breeding, the breed fee, minus the non-refundable booking fee, will be refunded.

16. This contract is non-assignable and non-transferable. The Mare Owner is strongly encouraged to obtain full insurance coverage on the mare and/or foal. Insurance information must be provided prior to or at the time the mare is delivered to Breeder.

17. This contract is entered into in the State of Utah and will be interpreted and enforced under the laws of that state. 

18. Should either party breach this contract, the breaching party shall pay for the other’s court costs and attorney’s fees related to such breach.

19. 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.

20. All applicable addendums will take precedence over the terms of this contract.

21. Exceptions and/or other terms and conditions agreed to by Breeder and Mare Owner:



____________________________ ___________________________
Breeder Date Mare Owner Date 


Mare Owner and Breeder understand and agree to the terms and conditions outlined in the specified attachments:

2005 Addendum: Cooled Transported Semen applicable? ___ no ___yes 

2005 Addendum: Stallion Service Auctions applicable? ___ no ___yes