Conditions:
1. The Stud fee is payable with this contract and considered your booking.
2. The mare owner will send a complete copy of the mare’s registration papers with this contract as well as any necessary lease information or documentation needed. If mare has aborted or failed to carry a foal full term, a vet inspection with a veterinarian report that the mare is breeding sound is required.
3. The Mare Owner shall agree that each mare offered for breeding shall be in sound breeding condition and free from infection of disease. A Mare Owner may substitute another mare within that breeding season.
4. If the mare does not settle with the first shipment, additional shipments may be ordered. Mare Owner will pay a Chute Fee and Shipping Fee per order.
5. Live Foal Guarantee, Live Foal means the Stallion Owner guarantees that the foal shall live 24 hours. Veterinarian proof is required. It is understood that, if the mare proves barren, aborts her foal, or if the foal is stillborn A RETURN SEASON WILL BE GUARANTEED THE FOLLOWING YEAR ONLY, providing proper notification is given and a veterinarian has documented the issue. This guarantee only applies if the Mare Owner notifies the Stallion Owner within one (1) week from the death of the foal.
6. The breeding season in force for this contract shall begin February 1st and close July 1st of the year covered by this contract.
7. It is further agreed that should the above named stallion die, be sold, or become unfit for service, this contract shall be null and void and stud fee shall be returned to mare owner. If the mare should die or become unfit for breeding the Stallion Owner grants the use of a substitute mare. Mare Owner MAY NOT transfer, sell, assign, gift or otherwise require Stallion Owner to provide any services not expressly agreed to within this document and has not authority to grant the rights contained within this agreement to any third person. This agreement is binding upon the parties that have signed the agreement hereto, any breach of this article will terminate this contract.
8. 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.
9. When the above named Mare Owner signs and returns one copy of this contract to the Stallion Owner it will then be a binding contract on both parties subject to the above terms and conditions. This contract is not valid unless completed in full.
10. WARRANTY: No warranties whatsoever, express or implied, shall accompany a breeding transferred by this agreement, unless otherwise stated.
11. DEFAULT: In the event that either party defaults on any of the obligations of this contract all legal action will be brought in Peru, Miami County, Indiana. Any and all disputes shall be settled by arbitration following the rules of the American Arbitration Association. The prevailing party may seek fees and costs.
12. It is mutually agreed by and between the parties to this contract with respect to the execution of the agreements herein contained that time shall be of the essence and that the provisions and agreements of this contract shall bind the heirs, legal representatives, successors, and assignees of the respective parties to this contract.
This agreement constitutes the entire contract between the parties hereto, there are no undertakings, representations, or warranties, oral or written, relating to the subject matter hereof, and none of the parties has relied upon any verbal representation, agreement, or undertaking not set forth herein, whether made by an agent or party hereto. This agreement may not be changed, modified, or amended in whole or in part, excepting in writing signed by all of the parties hereto.