MeadowBrook Farm
P.O. Box 780531
Wichita, Kansas 67278-0531
S
t a l l i o n S e r v i c e
A g r e e m e n t
THIS
AGREEMENT is made and entered into on
this _____ day of __________, _______ and written
between MeadowBrook Farm of Andover,
Kansas (hereinafter,
“Stallion
Agent”) and
_________________ (hereinafter,
“Mare
Owner”). These
Parties agree as follows:
1.
Mare Owner
agrees to breed the mare (hereinafter,
“Mare”)
________________________________________, ____________Breed
________________ Reg. No., to
the stallion________________________________ (hereinafter,
“Stallion”),
standing at MeadowBrook Farm for the 20__ season and to pay the stallion service
fee together with the other reimbursable expenses specified herein.
2. The Stallion Service Fee shall be $______________, (USD) $400.00 of which must be remitted with the Contract as a Booking Fee for Paint Horses and Quarter Horses. ($1000 is the booking fee for all other breeds). The Booking Fee shall not be refunded to the Mare owner in any event. For your convenience, we accept Master Card, Discover Card and Visa. If you wish to use a credit card, we must have a signed credit card release filled out prior to shipment. Please note: Out-of-state checks require 10 days to clear.
*Please make all check out to Upshaw Farms.
PLEASE CHECK THE BREEDING
OPTION YOU WISH TO USE:
3.
Mare Care. MeadowBrook
Farm Agrees to provide board, feed and general care services for any animal
covered in the Agreement. The undersigned agrees to pay MeadowBrook Farm’s
published rates therefore as the same shall from time-to-time be established.
The same shall not be increased without thirty (30) days prior notice thereof.
MeadowBrook Farm’s present rates are as follows: $10.00 boarding fee per day
for mares and $12.50 per day for mare and foal board, $15.00 boarding fee per
day for mares stalled and $17.50 per day for mare and foal stalled. Foaling
stall charges are $15.00 per day and the foaling fee is $350.00.MeadowBrook Farm
shall care for the mare (subjected to terms specified herein) with all
reasonable care. Mare owner warrants that mare shall be in a healthy and sound
breeding condition and authorizes MeadowBrook Farm to have a licensed
veterinarian provide any veterinary services necessary or proper for the
mare’s, or her foal’s, well being and pregnancy examinations as deemed
necessary by the attending veterinarian, the Mare Owner shall pay all expenses.
If any other services are required or desired by the Mare Owner, they shall be
specified in writing to MeadowBrook Farm when the mare is delivered for service.
a.
Foaling fee
and veterinary charges will be included on MeadowBrook Farm invoices.
b.
Such
charges, as well as Board and Foaling Fee, must be paid whether or not the mare
is settled and are due upon leaving MeadowBrook Farm.
c.
NEGATIVE
COGGINS REPORT AND COPY OF REGISTRATION: The Coggins Report must be dated not
more than 6 months prior to the mare’s arrival and, with the copy of her
papers, must accompany the mare or she will not be accepted
d.
The mare
must be halter broken.
e.
Stallion Agent (representing Stallion Owner), Stallion Owner and
MeadowBrook Farm shall not be liable for injury, sickness or death of the Mare
and/or her foal, regardless of how it may occur. Likewise, the Mare Owner shall
not be liable for disease, injury or death to Stallion arising out of the
services contracted for in this Agreement.
4.
Cooled Semen Shipping.
The Stallion Service Fee set
forth above, includes two (2)
shipments of semen per mare’s cycle if needed (providing no ovulation after
first shipment). It is the Stallion Owner’s responsibility to provide the Mare
Owner with two (2) packages per shipment in an industry standard container, with
the industry standard number of viable spermatozoa per catch shipment. There
will be no more than four (4) total shipments per breeding season. All shipments
will be priced per shipment as detailed below:
a.
The Booking Fee along with an Equitainer rental and a collection fee must
be paid in full and a completed shipping information form submitted
before any semen shipments are made, unless prior arrangements are made
with Stallion Agent.
b.
No chute fees will be charged on shipped semen.
c.
The mare owner is responsible for a $150 collection fee per shipment and
all container shipping charges TO and FROM the breeding farm. (Collection and
shipping fees are due at time of service).
d.
An Equitainer Rental Fee of $50, is also due prior to the first semen
shipment. An Additional fee of $50 will be charged if container is not returned
to MeadowBrook Farm within 72 hours from semen receipt.
e.
Each shipping charge is based on Fed-Ex overnight weekday or Saturday
delivery and is based on the region you live in. Other methods of delivery will
be priced upon request. Shipments will be insured to cover only Equitainer
replacement and collection fee costs. If shipment is lost or delayed, mare owner
assumes all risks of lost time and expense associated with preparation of
his/her mare for breeding. A lost or delayed shipment will not be counted
against the four (4) shipments maximum per season.
f.
We will ship semen Every Other Day.. YOU
MUST REQUEST SHIPMENT BY NOON (Central Time) ON THE DAY BEFORE SHIPPING
DAY. Cancellations must be received before Noon (Central Time) on
shipping day. We need time to coordinate the collection with the stallion’s
need to breed mares at the farm. We do our best to accommodate requests called
in after 12:00 p.m. the day before, but can make no promises.
g.
In the event that not enough semen is collected to meet a day’s
breeding and shipping needs, ON-FARM MARES WILL HAVE FIRST PRIORITY. Shipped
semen requests will be filled in the order received.
5.
Frozen
Semen Shipping.
The Stallion Service Fee set forth above, includes _____ doses of frozen semen,
with each additional dose to be purchased at $__________. In addition to the
Stallion Service Fee, Mare Owner agrees to the following for each shipment of
frozen semen:
a.
The
Booking Fee along with any additional frozen semen charges must be paid in full
and a completed shipping information form submitted before any semen
shipments are made, unless prior arrangements are made with Stallion
Agent.
b.
The mare owner is responsible for a $_____ frozen semen fee per shipment
and all container shipping charges TO and FROM the breeding farm. (Collection
and shipping fees are due at time of service).
c.
A Dry Shipper Rental Fee of $50, is also due prior to the frozen semen
shipment. An Additional fee of $50 will be charged if shipper is not returned to
MeadowBrook Farm within 72 hours from semen receipt.
d.
Ordering Frozen
Semen. Mare Owner must notify MeadowBrook Farm a minimum of five (5) days prior
to shipment date.
6.
Stallion
Agent shall attempt with reasonable diligence to settle the Mare; if however,
for any reason the Mare does not settle, Mare Owner will hold Stallion Agent and
MeadowBrook Farm harmless. The breeding season for the Stallion begins February
1 and unless mutually agreed upon, MeadowBrook Farm veterinarian shall have sole
discretion to cover mare as many times as necessary until July 1 of the breeding
season; and covers after July 1 shall be by mutual agreement. Should Mare Owner
take the Mare from MeadowBrook Farm before farm has had ample opportunity to
settle her during the breeding season specified above, expenses and the balance
of the stallion service fee become due and payable and the live foal guarantee
contained herein becomes void.
7.
In the
event the Stallion should die or become unfit for service before the Mare is
settled, the balance of the Stallion Service Fee, $ ________ if already paid,
shall be refunded. All other charges will be due and payable.
8.
Stallion
Agent guarantees live foal from the breeding contracted herein. Live foal is
defined as a foal that stands and nurses without assistance. Should the Mare
prove not to be in foal or aborts, or should the foal not stand and nurse
without assistance, Mare Owner shall notify Stallion Agent in writing within one
week of the foaling date (or the date the Mare is proved not to be in foal or
aborts); such notice shall be accompanied by a written statement from a licensed
veterinarian verifying the foal is not "live" as defined above or has
been lost as stated above. Under the foregoing circumstances and upon receipt of
the specified notice and the original breeder's certificate, it is agreed;
Stallion Agent shall give to Mare Owner a free season the following year only
and to be the same Mare originally booked (unless otherwise mutually agreed as
stated above) for re-breeding the following year, then any and all fees paid
shall not be refundable; the right to re-breed is thereby cancelled and Stallion
Agent is released from any further obligation whatsoever.
9.
When
breeding to Paint stallions, the contract contains a color guarantee. If the
mare produces a solid stud colt, the mare may be re-bred for no additional stud
fee. If the mare produces a solid filly, the mare may re-bred for a cost of half
of that season's stud fee. All other fees still apply; boarding, veterinarian
services, farrier, etc. This guarantee is only good for the breeding season in
which the solid foal is born and is non-transferable.
10.
A breeder's
certificate will be issued when Mare Owner notifies MeadowBrook Farm of the
birth of the foal, and if full payment of all amounts due is has been received.
11.
This
contract shall not be transferable by Mare Owner without the prior written
consent of the Stallion Agent This Agreement constitutes the entire Agreement
between the Parties; any amendments to or modifications of the terms of this
Agreement must be in writing. Failure of the Stallion Agent, MeadowBrook Farm,
or their representatives to insist upon any of the rights, provisions or
remedies contained herein shall not be deemed to be a waiver of any nature; and
such rights, provision nor remedies may be enforced at any subsequent time
allowed by law. This agreement shall be governed by the laws of the State of
Kansas. If any clause in the
contract is against Kansas law, then that clause shall be null and void.
12.
The Mare
Owner shall provide in writing, a signed release authorizing MeadowBrook Farm to
deliver owner’s animal(s) to a designated shipping company, or agent for
transportation away from premises. If time does not permit the delivery of such
written release, the Mare Owner agrees that his or his agent’s verbal
communication release will substitute for a written release and will not hold
MeadowBrook Farm liable for releasing the animal(s).
13.
The Mare
Owner agrees that he has made himself familiar with the facilities at the place
where the stallion stands and that he is also familiar with and approves of the
care provided by MeadowBrook Farm.
14.
THE ANIMALS
HEREIN DESCRIBED SHALL ARRIVE AT THE FARM PROPERLY IDENTIFIED. THE OWNER OF THE
MARE WILL PROVIDE FARM WITH A COMPLETE REPORT OF ALL PAST FOALING DATES, THE
SIRE OF ALL PREVIOUS FOALS, ANY PECULIARITIES OF THE MARE AND ANY OTHER
INFORMATION THAT MAY BE PERTINENT OR HELPFUL IN HANDLING OR BREEDING OF SAID
MARE.
15.
Any board, foaling, farrier, veterinary charges and any an all other
charges and expenses incurred by MeadowBrook Farm on behalf of or for the
benefit of the Mare Owner shall be billed monthly and payable upon receipt. All
overdue accounts shall bear a finance charge of 1 1/2% per month (18% annual
percentage rate).
Mare’s status: In Foal___ Barren___ Maiden___ Not Bred____
If
in foal, last breeding date________ In foal to_______________________
Insured by
___________________________________________________ Insurer’s
Telephone
( ) ______ - __________
Legal
Owner of Mare________________________________
This reservation made by: ______________________________________
(Signature of Mare Owner or Authorized Agent)
Street__________________________________________________
City
______________________State _____ Zip ___________
Telephone
( ) _______________________ Date _________________________
RETURN
THIS SIGNED CONTRACT AND A COPY OF THE MARE’S REGISTRATION PAPERS TO:
MeadowBrook
Farm
P.O. Box 780531
Wichita, Kansas 67278-0531
Farm (316) 733-6866 Home (316)
683-9893
This reservation and mare approved by:_______________________________
Date______________