Embryo Transfer Contract

This Contract made on   Date  , by and between Rood and Riddle Equine Hospital, a PSC, hereinafter called “RREH”, and Owner's Name hereinafter called "Owner", both of whom are hereinafter called the "Parties".

Recitals:

RREH is in the business of equine embryo transfer and recipient mare leasing services.
Owner desires to enter a contract with RREH for such services.
Therefore, the Parties agree as follows:

1. During the calendar year 2023, Owner will attempt to have an embryo(s) recovered from its mare, the “Donor Mare”, named  Mare's Name. Such embryo(s) will shipped to RREH. RREH shall evaluate the embryo, and if apparently healthy, insert the embryo(s) into the uterus of suitable “Recipient Mares” prepared and owned by RREH.
2. Upon the signing of this Contract, Owner shall pay to RREH a one thousand two hundred dollars ($1,200.00) non-refundable; non-transferable (under any circumstances) RECIPIENT MARE GUARANTEE FEE that secures mares for the DONOR mare whose name appears above. Recipient mares will be selected for the donor mare based upon reproductive soundness and synchrony with the donor mare’s reproductive cycle. This fee not only secures such recipient mare for the Owner but also covers the expenses involved in the board, proper care and reproductive management of those mares until they are 30 days in foal with the donor’s embryo. These expenses include all fees associated with the purchase and maintenance of these mares prior to the embryo transfer and the care and medications immediately following the embryo transfer. Also included are the initial pregnancy exams conducted on the recipient mares until they are 30 days in foal. The fee is not transferable to another “Donor Mare” and will be good from February 1, through November 15, 2023 regardless of the number or lack of embryos produced. The nomination fee for this “Donor Mare” is not transferable to another owner.
   1. The recipient guarantee fee is paid only one time for each donor mare, no matter how many embryos the owner wishes to harvest and transfer from that same donor mare in 2023.
   2. RREH must have a completed & signed contract, a valid credit card on file (which will be used to pay fees referenced in this contract), and the Recipient Mare Guarantee Fee paid before the embryo is transferred.
3. Owner shall pay for courier related fees to deliver the embryo(s) to RREH and pay an embryo implantation fee of $400 for each embryo transferred. These charges will be applied to the credit card on file at the time of transfer. These charges will be the responsibility of the Owner regardless of procedure outcome.
   1. Recipient Pregnancy and Lease Fee for each recipient mare is three thousand, seven hundred dollars ($3,700.00).Upon each Recipient Mare reaching 30 days of gestation with a viable pregnancy, Owner shall pay to RREH three thousand, seven hundred dollars ($3,700.00). If a draft mare is specifically requested, the owner shall pay to RREH four thousand, seven hundred dollars ($4,700.00) RREH shall start charging boarding & medication fees for the Recipient Mare(s) after she reaches 30 days of gestation. At RREH, we firmly believe that embryo transfer recipients are safely in foal at 30 days of pregnancy and are ready to go home. We therefore encourage Owners to take the pregnant recipient home at this time. In addition to board, pregnant recipients left in Rood & Riddle's care after 30 days will be evaluated weekly for pregnancy and be administered progesterone therapy at a combined cost of $115 per week. Boarding rates from 30-45 days is $20 per day; from 46-60 days is $30 per day; 61+ days is $50 per day. Owner is responsible for, and agrees to pay for, any and all veterinary expenses of the recipient mare after 30 days gestation.
4. If owner should choose to terminate a viable pregnancy, for any cause (including twins), it is agreed there is a fee for the use of the recipient mare. If pregnancy is terminated prior to 21 days of pregnancy, there is a $500 fee; between 22-30 days pregnant $750; over 30 days of pregnancy $1,500.
5. Owner shall return each Recipient Mare in good health and body condition within 6 months of foaling date. Photos will be taken upon departure documenting body condition. Should mare not be returned in a comparable appearance, a charge of $1000 will be applied. If Owner is unable to so-return the Recipient Mare due to the death of the mare, Owner agrees to pay RREH $1,500.00 ($2,500 if the Recipient Mare is a draft or draft cross mare), and to supply RREH with a letter from the examining veterinarian stating findings at the time of the death of the Recipient Mare. Letter must be sent to RREH within 30 days of death. If Owner fails to return the Recipient Mare for any other reason Owner agrees to pay RREH 4,000 ($6,000 if the Recipient Mare is a draft or draft cross mare).
6. If Owner opts to have RREH transfer another embryo into said recipient mare(s) during their foaling year, it is understood that a new 2023 contract will be issued for the donor of the embryo and the recipient mare(s) will be treated in accordance to the new 2023 contract.
7. It is understood that the Recipient Mare(s) is the property of RREH and Owner is leasing the mare for her surrogate services. Therefore, it is unlawful for anyone other than RREH to sell this mare. If the Owner opts to sell his/her embryo while in utero, or offspring on the side of said recipient mare, they must first purchase the mare from RREH. Recipient mare can be purchased for $4,000 ($5,000 for a draft mare) on top of the $3,500 lease agreement, and then can be sold or traded at Owner discretion.
8. It is expected that each Recipient Mare will deliver a live foal (defined for this purpose as able to stand and nurse within 24 hours after birth). If a Recipient Mare loses the pregnancy after 30 days of gestation, the Owner will receive a two thousand dollar ($2,000.00) credit towards future embryo transfer services using RREH recipient mares only. The recipient mare must be returned within 30 days and a letter from the examining veterinarian stating findings at the time of loss must be presented for the credit to be issued. No credit will be issued if the loss is due to an inherited genetic defect such as lethal white syndrome. This credit is non transferable to other veterinary services provided by RREH, including embryo flush and transfer. This credit is applicable for recipient mare guarantee and pregnancy fee only.
9. Owner agrees to contact RREH on the first day of the Donor Mare’s heat and on the day of ovulation so that a suitable recipient mare can be prepared. Owner also agrees to advise RREH on the proposed method and time of delivery of the embryo and if multiple ovulations are detected. Owner agrees to contact RREH on the day of embryo recovery and advise RREH of the results regardless of the success or failure of embryo recovery. In the unlikely event that RREH fails to have a suitable recipient, RREH will ship the embryo(s) to the program of the owner’s choice, and the owner of the donor mare agrees to pay any extra cost that may be incurred as such.
10. RREH recommends to Owner that Owner insure the Recipient Mare(s) and the embryo(s) against all losses and risks of any kind, nature and description. Owner shall indemnify and hold RREH harmless with respect to said losses and risks.
11. All notices required by this Contract shall be given as follows: if to RREH, then Rood and Riddle Equine Hospital, P.O. Box 12070, Lexington, KY 40580; if to Owner, then the address shown at Owner’s signature.
12. Owner understands and agrees that RREH is not responsible for the expense of transporting embryos or containers. Further Owner understands and agrees that RREH is not responsible for registration or blood-typing of the resultant foal. In addition, if embryo transfer media is required to transport an embryo, RREH can provide it via Federal Express delivery at a cost of seventy five dollars ($75) plus shipping with prepayment by credit card.
13. Owner understands and agrees that many factors impact successful embryo recovery and/or implantation, and that although RREH shall use its best efforts to perform the services required by this Contract, RREH does not guarantee success of the procedures. If a transfer does not result in a pregnancy, Owner’s damages shall be limited to RREH’s continuing obligation to complete the same subject to the following limitations (all at the Owner’s sole expense and risk):
    1. If by November 15, 2023, Owner is unable to recover an embryo from the Donor Mare or a pregnancy fails to result from transfer of an embryo into a Recipient Mare, RREH or Owner shall have the right to declare this Contract terminated. In such an event, Owner shall pay to RREH all sums due under this Contract. Thereafter the Parties shall have no further obligations to one another.
14. RREH reserves the right to refuse or suspend service when the Owner’s account is past due.
15. It is specifically understood and agreed between the Parties that prior to the transporting of the Recipient Mare(s) from RREH, all charges for services rendered in the Contract shall be paid in full. No Recipient Mare shall be released without payment in full. Further, by filing this Contract along with a detailed itemization of the unpaid charges owed to RREH by Owner, RREH shall have a possessory lien on the Recipient Mare(s) and the fetus.
16. With regard to the transportation of the Recipient Mare(s), all risk of loss shall be borne by Owner and all transportation expenses shall be paid by Owner. Three business days notice must be provided to RREH by Owner prior to discharge of the Recipient Mare(s) to allow for processing of mares and paperwork. All Recipient Mare(s) shall be picked up and delivered during regular business hours (8am-5pm EST). Owner agrees to pay RREH a minimum one hundred dollars ($100.00) for each delivery or pick up not during business hours.
17. For all purposes, this Contract shall be deemed to be negotiated, made and signed in Fayette County, Kentucky and the laws of Kentucky shall control. At RREH’s election, any litigation regarding the Contract shall occur in Fayette County, Kentucky.
18. This contract is the final and complete agreement of the Parties and there are no other terms of the Parties in agreement other than those contained in this document.
19. This contract shall be binding upon the Parties and their respective heirs, personal representatives, successors and assigns.