Terms and Conditions
1. Deposit & stud fee
A $250 deposit is required at time of contract signing. The remaining stud fee of $600, is due before semen shipment or at mare drop off. Your mare's culture and any treatment needed pre-breeding are the owner's responsibility.
2.The mare owner shall return a copy of mare’s papers and a photo with this contract (photo can be emailed)
3.culture requirements
If mare doesn’t settle with first shipment, the mare owner will submit a copy of a uterine Culture report on above mentioned mare before semen is shipped a second time, or mare is excepted for on-site breeding. Along with a coggins & Health test for on-site breeding.
4.rebreed
The mare owner shall be entitled to re-breed the mare until the mare delivers a foal that stands and nurses and survives one week. This guarantee shall apply only if the Breeding reports: breeding soundness, insemination and pregnancy, or loss of pregnancy report are returned according to the instructions therein. IF THESE REPORTS ARE NOT RECEIVED BY SMALLWOOD HORSES AS INSTRUCTED, ALL GUARANTEES, REFUNDS, BREEDINGS, OR REGISTRATION POSSIBILITIES ARE NULL AND VOID. The provisions and instructions of the breeding soundness, insemination, pregnancy and the loss of pregnancy reports hereby incorporated into this contract and made part hereof, and the parties agree to abide by said provisions and instructions.
5.mare unsuitability
If a licensed veterinarian or equine reproduction specialist determines that the mare is unsuitable for breeding, the mare owner may substitute a new mare, subject to acceptance of new breeding mare by Smallwood horses. This substitute mare shall be breed under the same terms and conditions as the original mare. We require mares to be cultured and biopsied before being bred a second time
6.services offered
Smallwood Horses does not offer live cover services (if your mare has difficulty conceiving A.I. Please Let us know options are available) OWNER agrees to mare being A.I.ed by a licensed AI technician. Smallwood Horses and Employees will be not be liable for any injuries illnesses or death due to any breeding procedures.
7.loss of stallion
If the above Described Smallwood Horses Stallion is not available Due to Death, Injury or sale for breeding, the booking fee and stud fee will be refunded. Notwithstanding the above, the mare owner also shall remain responsible for paying any new fees, for coving mare and any other fees incurred by smallwood Horses/stallion owner on behalf of or for the benefit of the mare.
8. Live Foal Guarantee
mentioned in paragraph 3 above is expressly contingent upon the mare owner properly caring for the pregnant mare. Proper care shall include, but shall not necessarily be limited to, proper feeding and nutrition, regular deworming with products approved for pregnant mares, vaccinations that are customary in the mare owner’s geographical area. And prover intervention during foaling if necessary.
9.length of contract
If the mare is not covered, bred, or delivers a foal within (three ) years, starting from January 1 (first) of the year the contract was signed, the contract will be null and void and no refunds, rebreeding’s, or fees will be returned/given to mare owner. The non-refundable booking fee is recharged if this contract is carried into a forth year, this will renew the contract for an additional two (2) years starting from January first (1).
10.billing
All billing statements shall be paid to Smallwood horses/Ashley Smallwood within 15 Days of billings date. If customer fails to pay after 30 days of billings date Smallwood Horses may immediately accelerate all other amounts due under this contract, making all amounts due immediately. If after 30 days Smallwood Horses is not obligated to preform further under the contract until all past- due amounts have been paid current.
11.assignment
The mare owner may not assign any rights or delegate ay duties under this contract without the prior written consent of Ashley Smallwood (Smallwood Horses)
12.wavier
NO delay or failure by Smallwood Horses to exercise any right under this contract shall be deemed a waiver of any rights or remedy otherwise available to Smallwood Horses
13.modification
This contract contains the entire understanding of the parties and may be modified only by a written signed agreement by all parties. The invalidity or unenforceability of any term or provision of this contract shall not affect the validity or enforceability of any remaining provisions hereunder. The contract shall be construed and governed by the laws of the state of Wyoming, and the parties expressly agree the jurisdiction and venue for all disputes arising under this contract shall be proper only in park county, Wyoming. If Smallwood horses incurs attorney fees and /or legal costs in securing or protection any right available to it under this contract, the customer agrees to pay said attorney fees and costs.
14. DEFAULT
Either party may terminate this AGREEMENT for failure of the other party to meet any material terms of this AGREEMENT, In the case of a default by one party, the other party shall have the right to recover legal fees and expenses, if any, incurred as a result of said default. Any payment due Smallwood Horses, under this AGREEMENT shall be due and payable by the tenth day of the month and immediately in the event of termination. Failure to make any payment by said due date shall place OWNER in default hereunder. Acceptance by Smallwood Horses of any late payment shall not constitute a waiver of subsequent due dates or determinations of default.
15. Ownership
This AGREEMENT may not be changed, transferred or sold by OWNER without the express written consent of Smallwood Horses,.