I, * *(Mare Owner), agree to enter into this Agreement on 
* (the Effective Date), with Tim Emick (Stallion Owner) and Bar E North Breeding & Performance Horses, LLC (Breeder) to breed the following mare, * (the Mare) Registration # * , to the stallion A Tale Of The Cat (AQHA #5385348) (the Stallion) for the 2027 breeding season (February 1, 2027 through July 31, 2027) (the Breeding Season), subject to the following terms and conditions.
1. Breeding Fee & Chute Fee. The breeding fee is $2,500 plus a $250 chute fee (Total of all Fees: $2,750), which is broken down as follows:
a. Booking Fee: $500. This fee is due upon execution of the Agreement to hold your spot on the Stallion’s books. The booking fee is non-refundable, non-transferable, and applies only to the Breeding Season booked pursuant to this Agreement.
b. Stallion Fee: $2,000. This fee is due prior to the Mare being bred or semen being shipped.
c. Chute Fee: $250. This fee is due prior to the Mare being bred or semen being shipped.
2. Shipping & Pick-Up Fees. All shipping and pick-up fees will be the sole responsibility of the Mare Owner and must be paid in advance or charged to credit card on file with Breeder. The fees are as follows:
a. Fresh Semen Fees:
• Domestic Overnight: $410 (plus $25 delivery surcharge for shipments due to arrive on Saturdays)
• Counter-to-Counter: $475 (Airline Options are United and Southwest)
• Courier Fees to DIA or COS Airport: $150. (Mare Owner is responsible for pickup costs at the receiving airport)
b. Frozen Semen Fees:
• Domestic Two- to Five-Day: $410 (Overnight service will incur an additional fee determined by the destination.)
• EARLY REQUESTS FOR FROZEN SEMEN ARE VITAL TO MANAGING YOUR COSTS AND FOR ADVANCE PLANNING. We suggest requesting semen two weeks in advance.
3. Shipped Fresh Semen. Mare Owner understands that Mare Owner must comply with the following when breeding with shipped semen:
a. Semen Collection & Shipping Days: Semen and collection days are Mondays, Wednesdays, and Fridays. M-W-F collections may be sent via FedEx overnight delivery or via airline (only United and Southwest) for same-day delivery. There is a $25 Saturday delivery surcharge due to additional shipping charges for shipments shipped on Friday to arrive on Saturday.
*Please be sure to complete and return the Shipped Semen Information Sheet, which is attached to this Agreement, and return it to Breeder at barn@bar-e-north.com.
b. Requests for Shipments: Shipment requests must be made by phone to Breeder at (303) 243-0162 no later than 9:00 a.m. MST on collection/shipping days. If the Stallion Owner is notified of the request, please be sure to also notify Breeder. (Requests for same-day airline shipments should be made earlier than 9:00 am MST, if possible, as flight schedules are limited.) When possible, please notify Breeder of your mare’s reproductive status so that a shipment date may be anticipated before the final order. Breeder requires that all cooled semen expenses be paid in advance of shipment.
c. Priority: Requests for collections and shipment will be honored in order of receipt. If cooled semen is unavailable, Breeder will make every effort to offer frozen semen for an additional charge.
d. Doses: Mare Owners requesting shipped semen should expect to receive only two doses of semen.
e. Semen: Breeder only assumes responsibility to ship semen in viable condition and shall not be held liable for contamination of semen during and after shipment, loss of viability, or any costs or losses incurred or arising from shipments that are delayed, damaged, or lost in transit. Breeder does not guarantee fertility of the Stallion but agrees to process each ejaculate to optimize 24-hour post cool motility and subsequent fertility. Every effort should be made to inseminate the Mare within 24 hours after collection from the Stallion. Mare Owner agrees to use all cooled semen provided by this Agreement for only the Mare and no other.
f. Container Return: Shipping containers must be returned to Breeder within 48 hours after insemination to avoid late fees at the following address:
Bar E North Breeding & Performance Horses, LLC
17112 Highway 86
Calhan, CO 80808
DO NOT return the units via U.S. Mail as they do not deliver directly to our facility. FedEx or UPS are fine. Styrofoam shipping containers not returned will incur a $40.00 charge.
g. Shipment Viability: Once the Stallion’s semen leaves Breeder’s facility, Mare Owner assumes responsibility for any losses, damages, delays, costs, and fees. No refunds will be provided for lost or delayed shipments.
4. Shipped Frozen Semen. Mare Owner understands that Mare Owner must comply with the following when breeding with shipped frozen semen:
a. Contract Type: If the contract type chosen is frozen semen, Mare Owner may not transfer this to a fresh semen contract without approval from Stallion Owner and Stallion Owner’s sole discretion. This includes rebreeds.
b. Orders: Orders for semen should be made at least two weeks in advance. A delay in ordering could result in increased shipping charges or the inability to ship due to tank availability.
c. Doses: Mare Owners requesting frozen semen should expect to receive only two doses of semen.
d. Semen: Breeder only assumes responsibility to ship semen in viable condition and shall not be held liable for contamination of semen during and after shipment, loss of viability, or any costs or losses incurred or arising from shipments that are delayed, damaged, or lost in transit. Breeder does not guarantee fertility of the Stallion. Mare Owner agrees to use all frozen semen provided by this Agreement for only the Mare and no other.
e. Container Return: Shipping containers must be returned to Breeder within 48 hours after insemination to avoid late fees at the following address:
Bar E North Breeding & Performance Horses, LLC
17112 Highway 86
Calhan, CO 80808
DO NOT return the units via U.S. Mail as they do not deliver directly to our facility. FedEx or UPS are fine. Shipping containers not returned to Breeder will incur a $300.00 replacement charge.
h. Shipment Viability: Once the Stallion’s semen leaves Breeder’s facility, Mare Owner assumes all responsibility for any losses, damages, delays, costs, and fees. No refunds will be provided for lost or delayed shipments.
5. On-Site Breedings. The following shall apply to all on-site breedings at Breeder’s facility:
a. On-Site Reproductive Fee: An On-Site Reproduction Fee of $200 will be applied for mares bred at Breeder’s reproduction facility. The On-Site Reproduction Fee is in addition to the Mare-Cycle Management and Mare-Care Fees charged by Breeder.
b. Availability: On-Site breeding has LIMITED AVAILABILITY. Please contact Breeder to confirm availability and to schedule a drop off at least fourteen days in advance. Space is limited and not guaranteed.
c. Documents. In addition to this Agreement, at least fourteen days in advance of drop off, Mare Owner must complete Breeder’s Breeding & Boarding Service Agreement, General Waiver & Release, and Mare & Stallion Arrival Info Form.
6. Miscellaneous. Mare Owner agrees to the following:
a. Ownership: Mare Owner represents and warrants it is the owner of record of the Mare.
b. Pregnancy Status: It is the Owner’s responsibility to notify Breeder of the pregnancy status within thirty-five days of insemination. Failure to contact Breeder by September 1st will result in a $100.00 late fee to add the Mare to the Stallion Breeding Report.
c. Mare Substitutions: If the Mare dies or becomes unfit to breed after execution of this Agreement but prior to breeding to Stallion, Mare Owner may transfer the breeding to a substitute mare owned by Mare Owner. Upon notification to Breeder of any substitution, Mare Owner agrees to enter into a separate Agreement as to the substitute mare.
d. Breeder’s Certificate: To obtain a Breeder’s Certificate, Mare Owner must notify Stallion Owner of the birth of the foal. The Breeder’s Certificate will not be issued or released until the account has been paid in full and all terms hereunder adhered to.
e. Embryo Transfers: Mare Owner agrees to notify Breeder if this is an embryo transfer mare. In the event of multiple embryos from a single flush, Mare Owner agrees to notify Breeder once the additional recipient mares have been confirmed in foal with a heartbeat present. Mare Owner must then pay a Booking and Stallion Fee equal to Fees in Subsections 1(a) and (b). Additional Breeder’s Certificates will only be issued upon receipt of necessary Fees.
f. Live Foal Guarantee; Rebreeds: A “Live Foal” is one that stands and nurses without assistance. If the Mare is barren, aborts, or the foal is stillborn during an attended birth, a return breeding (Rebreed) is guaranteed the following year. Confirmation from a licensed veterinarian must be received within seven days. No warranty is made regarding the foal’s fitness for a particular purpose or health. If the Mare does not produce a Live Foal in the first season, Mare Owner is entitled to a Rebreed. Failure to return the Mare for breeding the following year forfeits all Fees, and the right to Rebreed is terminated. Third-year Rebreeds are at the Stallion Owner’s discretion. Breedings won through Facebook promotions and other promotions or auctions do not include a Live Foal guarantee and are valid only for the year won.
g. Rebreed Fee: If eligible for a Rebreed, Mare Owner must pay all associated shipping, pick-up, or on-site breeding fees to Breeder the following year.
h. Binding Agreement: This Agreement is a binding agreement between Breeder, Stallion Owner, and Mare Owner and is non-transferable unless otherwise agreed to in writing and signed by all parties. Any transferred breedings will incur an additional fee and completed paperwork by the new assignee.
i. Social Media: Mare Owner agrees that nothing shall be posted or shared via social media that could be negatively construed about Breeder or Stallion Owner, or any of their members, managers, employees, associates, or affiliates. Failure to do so may result in legal action regarding the content and damages associated with such action. Further, Breeder and Stallion Owner reserve the right to terminate this Agreement in the event this Agreement is breached. Any offending Mare Owner shall immediately forfeit any fees, payments, or right to a Rebreed.
j. Stallion: Should the Stallion die or become unfit for service for any reason, then this Agreement shall become null and void and both parties are relieved of any further obligation. Stallion Owner will attempt to fulfill Agreements via frozen semen at their sole discretion. Any amounts paid by Mare Owner toward the Stallion
Fee, shall be refunded at the sole discretion of the Stallion Owner. Additionally, Breeder makes no representations or warranties as to the potential of Stallion to achieve or maintain success as a producer of quality offspring.
l. Liability: It is understood that Breeder and Stallion Owner, their owners, members, managers, employees, and guests shall not be liable for any injury, escape, disability, act of God, or death of any horse on its premises. The parties agree that this Agreement shall be construed, governed, and interpreted by and in accordance with the laws of the State of Colorado, with venue to be property in El Paso County, Colorado.
m. Attorney Fees: If it should become necessary for Breeder or Stallion Owner to retain the services of an attorney to enforce its rights under the terms of this Agreement, including but not limited to the collection of any sums due, Mare Owner will pay Breeder and Stallion Owner all expenses and costs, including reasonable and necessary attorney’s fees incurred by Breeder or Stallion Owner in enforcing this Agreement.
n. Merger, Entire Agreement and Severability: This Agreement contains the entire agreement of the parties hereto and there are no oral or written promises or representations upon which Mare Owner is relying except as expressly set forth herein. This Agreement may be modified only in writing executed by all parties. Headings used herein are for convenience only and are not part of this Agreement. The invalidity or unenforceability of any term of this Agreement shall not affect the validity and enforceability of any other term.
By Mare Owner:
Printed Name: * *
Dated: *
Email: *