2. Owner agrees to pay ROOD AND RIDDLE EQUINE HOSPITAL $300 for maturation of an oocytes(s) per cycle, $600 per ICSI session for fertilization and embryo culture of fertilized oocyte(s), and $1,000 for each blastocyst produced for each IVF Cycle. Use of sperm from additional stallions will be at a cost of $300 for each additional stallion.
3. Owner consents to allow ROOD AND RIDDLE EQUINE HOSPITAL to contact the stallion owner or agent to seek permission for use of the stallion’s sperm and to disclose any embryos resulting from each IVF cycle.
4. Owner agrees to pay additional and routine costs for recipient lease, transfer, transport, vitrification and thawing of resulting embryos.
5. Owner shall indemnify and hold ROOD AND RIDDLE EQUINE HOSPITAL harmless with respect to losses and risks associated with handling and transport of equine gametes and embryos.
6. All notices required by this Contract shall be given as follows: if to ROOD AND RIDDLE EQUINE HOSPITAL, then Rood & Riddle Equine Hospital, P.O. Box 22070, Lexington, KY 40580; if to Owner, then the address shown at Owner’s signature.
7. Owner understands and agrees that ROOD AND RIDDLE EQUINE HOSPITAL is not responsible for the expense of transporting semen, oocytes, embryos, or transport containers, and that Owner will pay for these expenses. Further, Owner understands and agrees that ROOD AND RIDDLE EQUINE HOSPITAL is not a broker for resultant embryos or foals and not responsible for registration or blood-typing of resultant foals.
8. Owner understands and agrees that many factors impact successful embryo production, transport and/or establishment of pregnancy and that although ROOD AND RIDDLE EQUINE HOSPITAL shall use its best efforts to perform the services required by the Contract, ROOD AND RIDDLE EQUINE HOSPITAL does not guarantee success of these procedures. If ICSI does not result in embryo production, Owner’s damages shall be limited to ROOD AND RIDDLE EQUINE HOSPITAL’s continuing obligation to complete the same subject to the following limitations (all at the Owner’s sole expense and risk):
If by December 31, 2023, no blastocyst is produced from the Donor Mare, ROOD AND RIDDLE EQUINE HOSPITAL or Owner shall have the right to declare this Contract terminated. In such an event, Owner shall pay to ROOD AND RIDDLE EQUINE HOSPITAL all sums due under this Contract and per current ROOD AND RIDDLE EQUINE HOSPITAL billing policies described below. Thereafter, the Parties shall have no further obligations to one another.
9. Owner agrees to place a valid credit card on file with ROOD AND RIDDLE EQUINE HOSPITAL for payment of the fees in this contract. Payment for said fees shall be charged at the time of service and will automatically be charged to the credit card provided on this contract unless other payment arrangements have been made and approved by a member of ROOD AND RIDDLE EQUINE HOSPITAL’s executive board.
10. ROOD AND RIDDLE EQUINE HOSPITAL reserves the right to refuse or suspend service when the Owner’s account is past due.
11. 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 this contract. At ROOD AND RIDDLE EQUINE HOSPITAL’s election, any litigation regarding the Contract shall occur in Fayette County, Kentucky.
12. 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.
13. This contract shall be binding upon the Parties and their respective heirs, personal representatives, successors and assigns.
As evidence of this Contract, the Parties have signed and dated this Contract as indicated below: