This agreement
is duly entered on the date below by Myers Horse Farms Inc., Ann Myers, known
as STALLION OWNER, and Jeff Elthorp, Striding Equestrian Center, known as
STALLION MANAGER, and MARE OWNER whose signature appears below.
All parties agree that they have executed a breeding
contract to the mare named below to RICH N
CHOCOLATEY, for the breeding fee of $1250.00. In addition to
the rights and duties placed upon all parties to the breeding contract, it is
mutually agreed upon that good and sufficient consideration exists to execute
this transported shipped semen contract for the breeding season mentioned
below. All parties agree that every shipment of semen
shall be at the cost of $200.00 . This cost must be paid in advance of the
first shipment. Any and all additional shipments will be billed at the time of
shipment and are due upon receipt, and must be paid with the return of the
semen container within a 48 hour period of receipt. A $150.00 container deposit
fee is also due upon signing of this contract and will be returned upon
fulfillment of the 2005 breeding season. It is also agreed that any and all
breeding fees must be paid in full prior to the first shipment of
semen.
1. The MARE OWNER certifies
that the STALLION MANAGER is obligated to transport cooled semen to the address
of record, which has been provided in writing prior to any shipment by the MARE
OWNER. If the MARE OWNER requests more than one shipment of semen, the semen
will be shipped to the last known address provided by MARE OWNER to the
STALLION MANAGER. 2. The mare owner certifies that the address of
record is a suitable facility for the artificial insemination of the mare
contracted to be bred. It is imperative that the MARE OWNER'S veterinarian be
aware of the mares current breeding status and that she is, in fact ready to
breed. It is the STALLION MANAGERS stated preference that all semen shipments
are made to and inseminations are performed at established breeding farms. The
mare owner certifies that only the mare that is subject of the breeding
contract shall be inseminated by the shipped semen of RICH N CHOCOLATEY.
3. A contract for cooled semen does not guarantee that the semen
will be available on the day you submit your request. Mares to be bred to RICH
N CHOCOLATEY in residence at the STALLION MANAGERS facility will be given
priority for semen. 4. All request for semen must be made 24 hours
in advance. 5. Shipped semen may only be requested for regular
breeding days at the STALLION MANAGERS facility. Regular breeding days are
Monday, Wednesday, and Friday. Saturday shipments may be requested at an
additional fee. 6. STALLION MANAGER shall ship semen from RICH N
CHOCOLATEY in a appropriate chilled semen container by an overnight courier,
such as Federal Express, UPS, Airborne, etc. to the address provided by the
MARE OWNER in writing on the day it is collected. If semen is needed the same
day via airline, if available, MARE OWNER will be responsible for any and all
additional charges for counter to counter shipment of semen. STALLION MANAGER
further certifies that the semen, when collected, will be of such degree of
mobility and motility so as to reasonably be acceptable for breeding.
7. The MARE OWNER also agrees to comply with all breed association
rules regarding the use and handling of Transported Cooled Semen. The MARE
OWNER shall properly send the appropriate copies of the Collection/Insemination
Certificate to their breed association and to the STALLION MANAGER at the
address appearing below. 8. All of the parties of this contract
agree that the obligations of performance by the STALLION OWNER and the
STALLION MANAGER shall be met when the chilled semen shipment is accepted at
the address of record as provided by the MARE OWNER. Acceptance shall be
defined as the contracted parcel delivery carrier actually delivering the
shipment container to the address of record and receiving a signature from a
representative of the address of record on the shipment documents maintained
during the ordinary course of business by the contracted parcel delivery
carrier. All parties agree that the risk of loss transfers to the MARE OWNER
upon acceptance of delivery. 9. The STALLION OWNER and the MARE
OWNER shall execute a Transported Semen Breeders Certificate and shall comply
with any parentage verification as required by the respective breed
association. 10. This agreement is for the _______ breeding
season. |