TERMS AND CONDITIONS
The parties hereto understand and agree to comply with the following Terms and Conditions set forth in this Agreement:
2. TERM OF AGREEMENT
Once first shipment of semen has been sent, this breeding agreement is valid through the current breeding season of the second consecutive year, unless written arrival is given. Upon execution of this agreement and full payment has been received, this agreement is valid for the life of the stallion
3. BREEDING FEES
Upon execution of this Agreement the Breeder hereby agrees to pay the Stallion Agent the following fees. The Breeder specifically agrees and understands that no semen will be shipped until all fees have been paid.
The fresh semen breeding fee, with live foal guarantee, for {stallion} is {priceCalculated}. This includes a booking fee of $250. (The Collection fee of $359 is paid directly to the veterinary clinic Wellgrove Equine, and is subject to change. Shipping costs are not included and vary depending on mode of transport.) All fees are non-refundable, subject to the availability of fresh semen (see Section 5).
The breeding fee may be payable as follows:
The total breeding fee of {price} is payable upon execution of this Agreement, the collection fee and shipping (if needed) is paid directly to the vet at time of collection.
In the event the mare does not conceive during the first, second, third breeding or breeding season or for any other reason, if the Breeder exercises the right to a return breeding pursuant to the ‘Live Foal Guarantee’ section hereof, the Breeder shall pay the collection fee directly to the vet at the time of shipment of any additional doses the current or following year.
The conditions of the ‘Live Foal Guarantee’ are outlined in section 6.
PLEASE NOTE: The breeding fee does not include collection and shipping fees determined by WELLGROVE EQUINE. Shipment fees and policies are outlined in section 8.
4. ALLOCATION OF SEMEN
The breeding fee entitles the Mare Owner with ONE DOSE of fresh semen for the first breeding, shipped on a per cycle basis at ONE DOSE per cycle.
If the Breeder exercises the right to a return breeding pursuant to the ‘Live Foal Guarantee’ section hereof, the Breeder shall receive up to TWO ADDITIONAL DOSES of fresh semen for the current breeding season or the following breeding season, shipped on a per cycle basis at ONE DOSE per cycle, in exchange for payment of an additional collection and shipping fees per dose shipped as described in section 3. If the Breeder uses three doses to get the mare in foal (confirmed after 60 days) then the mare aborts, dies, or fails to produce “live foal”. The breeder will then be granted ONE ADDITIONAL DOSE of semen to be used in the current or following breeding season.
A “dose” is defined as a single insemination unit ( 8 x 0.5 mL straws) containing a minimum of 800 million total sperm.
All semen shipped pursuant to this Agreement remains at all times the property of the Stallion Owner. The Breeder agrees to destroy or return unused semen to Stallion Agent.
The stallion GFS MIKADO has been tested negative for: WFFS
The stallion GFS MIKADO has been DNA color tested as followed:
5. AVAILABILITY OF SEMEN
Stallion owner, Erika Sergent, makes no guarantee that fresh semen will be available every day. The Stallion may not be available for fresh semen due to conflicts with competition, training, traveling, or health. Should fresh semen become unavailable due to foreseeable or unforeseeable circumstances, before the Mare is first serviced pursuant to this Agreement, the Mare owner according to this Agreement has two options:
Option one: The Mare Owner shall terminate the agreement and the Stallion Agent shall return the total portion of the breeding fee paid by the Breeder within a period of 30 days.
Option two: The Mare Owner shall choose to substitute frozen semen for the same breeding free as determined in this contract to fulfill the ‘Live Foal Guarantee’. Shipping fees may differ, shipping fees are determined by WELLGROVE EQUINE.
Should fresh semen become unavailable due to foreseeable or unforeseeable circumstances, after servicing at least one breeding cycle, then the Mare Owner has two options:
Option one: The Mare Owner shall terminate this agreement and The Stallion Agent shall return the portion of the breeding fee paid by the Breeder, less the booking fee and collection fee, within a period of 30 days.
Option two: The Mare Owner shall choose to substitute frozen semen for the same breeding free as determined in this contract to fulfill the ‘Live Foal Guarantee’. Shipping fees may differ, shipping fees are determined by WELLGROVE EQUINE.
In the event that Stallion dies, is sold, or in any way becomes unfit for service prior to servicing the mare, the booking fee and/or breeding fee paid will be returned in full. Mare Owner is not Mare Owner may elect to use frozen semen from The Stallion, if available. A difference in Shipping fees may apply.
6. LIVE FOAL GUARANTEE
Should the Mare fail to conceive, abort, die, or not produce a “Live Foal” then the Stallion Agent guarantees that the Breeder shall have the right to rebreed or substitute a mare (upon approval of the Stallion Agent) within the current or following year only. A ‘Live Foal’ shall be defined as a foal that stands, nurses and survives for a period of at least 24 hours from the time of birth.
In the event that the Mare does not produce a ‘Live foal’, then the Breeder shall provide Stallion Agent with a veterinarian’s certificate stating the date and time of the foal’s birth, date and time of death, and supposed cause of death within 2 calendar days of such death.
In the event that the Mare dies, Breeder shall provide Stallion Agent with a veterinarian’s certificate of death within 7 calendar days of such death. The substitution of a replacement mare does not extend the original term of the Agreement.
In the event that the Mare loses or aborts the pregnancy, the Breeder shall provide Stallion Agent within 30 calendar days of discovery of such pregnancy loss a veterinarian’s certificate detailing dates of pregnancy examinations, indicating when the pregnancy was lost or aborted and supposed cause of abortion.
Breeder shall notify Stallion Agent within 60 calendar days of the last insemination of the year if the mare did not conceive, in order to be eligible for rebreed the following year. A statement signed by the veterinarian is required to be submitted to the Stallion Agent detailing identification of the mare, insemination and pregnancy check dates and certifying that the Mare has not become pregnant during the first breeding season.
Live Foal Guarantee shall be specifically conditioned upon vaccination of the Mare for Rhinopneumonitis in the fifth, seventh and ninth months of the Mare’s pregnancy. Breeder shall provide the Stallion Agent with a certificate indicating that such vaccination has taken place at the time the Breeder requests a rebreed pursuant to the Live Foal Guarantee.
The Live Foal Guarantee to the Stallion shall lapse and the Stallion Agent shall have no further obligation under this section if:
1. Breeder fails to provide Rhinopneumonitis vaccination.
2. Mare is bred by any other stallion without written consent of Stallion Agent prior to rebreed.
3. Mare is substituted with another mare without written consent of Stallion Agent.
4. Mare fails to conceive, aborts, or dies and Breeder fails to notify Stallion Agent as defined in this section.
7. BREEDING AND MARE CONDITIONS
Once a successful pregnancy is obtained with the above named Mare no further fresh semen will be shipped and no remaining semen may be used to inseminate any additional mares. Any additional use will constitute a violation of this agreement. The Breeder must obtain further written permission, evidenced by a new and fully executed Agreement, with all fees paid in advance prior to using any additional doses of semen.
The semen MUST be inseminated by a licensed veterinarian familiar with the concept and practical use of fresh semen to uphold the ‘Live foal guarantee’. Attempts to use semen outside the controlled situation of a qualified facility can greatly reduce, or even prevent, the chances of conception.
8. SHIPPING FEES AND POLICIES
Breeder is responsible for all shipping, tank rental and handling fees associated with delivery of the semen from the storage facility and return of the shipping container. Semen is stored and shipped by:
WELLGROVE EQUINE
2581 C ROAD
LOXAHATCHEE, FLORIDA 33470
PHONE: (561) 398-9782
EMAIL: support@wellgroveequine.com
Please contact them for current shipping fees, protocol and requirements.
Once the shipment arrives it should be inspected immediately. Any claims regarding the integrity of the shipment must be filed within 24hrs of delivery.
Stallion Agent shall not be responsible for lost semen shipments or delays in delivery not within the control of the Stallion Agent such as missed flights, weather delays, failure of third party service, or acts of God. Stallion Agent will not be responsible for lost or damaged semen whilst in the possession of your veterinarian.
9. REPORTING, BREEDING CERTIFICATES AND REGISTRATION
Breeder agrees to submit to Stallion Agent confirmation of the Mare’s pregnancy at 14-16 days post-ovulation and 55-60 days post-ovulation. Stallion Agent recommends an additional pregnancy check at 30-35 days post-ovulation to confirm presence of a viable single embryo.
Breeder is responsible for compliance with registry requirements for the use of semen and payment of any fees for the subsequent registration of foals conceived.
Stallion Agent will issue registry required breeding certificates providing receipt of written notification signed by the attending veterinarian detailing dates of insemination and pregnancy examinations, pregnancy status as well as identification of the mare that was bred.
10. ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION
The Breeder shall assume all responsibility for the condition and management of the mare and will bear all risk of loss or damage to the mare whether by death, disease, injury, infection or otherwise, and by any cause whatsoever and therefore agrees to hold Stallion Agent or any
person employed or associated with Stallion Agent harmless for any and all damages associated therewith.
Stallion Agent and semen storage & shipment facility make no guarantees, expressed or implied as to the fertilizing capacity of any semen provided under the terms of this Agreement.
11. JURISDICTION
This contract shall be interpreted in accordance with the laws in the State of FLORIDA. Any dispute arising from this Agreement shall be submitted to a Court of competent jurisdiction within PALM County, FLORIDA and each party agrees to submit to the venue and jurisdiction of said courts.
12. ASSIGNMENT
This Agreement is non-transferrable, non-saleable and may not be assigned to another party; it may not be changed, modified or amended except in writing, signed and agreed upon by all parties.
The parties hereto understand and agree to abide by the terms and conditions as set forth in this Agreement: