| FANLEW FARMS Office: 318-847-4170 351 Avera St Anna: 352-342-5737 Sarepta, LA 71071 Ray: 318-578-1866 2013 Stallion Breeding Contract This contract made and entered into by and between Fanlew Farms, Agent (seller), _______________________, (Buyer), owner or agent of the _____ Thoroughbred mare named _______________________________. In consideration of the stud fee to be paid hereunder, Fanlew Farms agrees to breed the above described mare in the 2013 breeding season to the Stallion Smooth Air standing At Fanlew Farms for a stud fee of Complimentary U.S. Dollars payable as follows: A. Live foal guarantee. Due in full when the foal stands and nurses unaided, except as otherwise provided herein. B. No live foal guarantee. C. Live foal guarantee. Due on _____________________. On the following terms and condition: 1. Buyer warrants that the mare is a Thoroughbred and shall be healthy and in sound breeding condition which fact a qualified veterinarian shall certify before the mare is bred. It is understood and agreed that the farm manager reserves the right to refuse to permit the breeding of any mare to the stallion. It is further agreed that neither party shall be liable or responsible to the other for any disease, accident, injury or death to the mare or stallion. 2. This contract is personal to the buyer and may not be assigned or transferred by the buyer. In event the mare is sold, changes ownership, is catalogued and transferred to a sales facility, or transported out of the Continental United States, any fee which is unpaid shall become immediately due and payable and no refund shall be due to buyer, regardless of the nature of the unpaid fee, ex. live foal basis. 3. If buyer defaults in the payment of any sum due and such default continues for 30 days or if buyer fails to timely provide any certificate required by this contract, this contract shall become a no- guarantee contract basis are not refundable in any case except as specifically provided herein. 4. In the event the stallion dies, is sold, is removed by his owners to another farm, or for any reason becomes incapable of service before covering the mare, or if the mare dies or becomes unfit for breeding and a veterinarian’s certificate to that effect is immediately delivered to Fanlew Farms, then this contract from that date shall be null and void, and neither party shall owe any further duty to the other hereunder. 5. If the stud fee under this contract is contingent on the mare delivering herself of a live foal as above defined, and if the mare fails to conceive, slip, or delivers a foal that cannot stand and nurse unaided, Buyer shall in the first instance forward to Fanlew Farms a copy of the veterinarian’s 60 day examination showing the mare is barren, and in the latter two instances a veterinarian’s certificate to the effect that the mare aborted or delivered such a foal, in each event within 10 working days of the veterinarian’s examination. Failure to strictly comply with the term of this paragraph will result in the stud fee being payable when due, notwithstanding any other provision of this contract. 6. It is agreed that payment in full is a condition of the delivery of the stallion service certificate by seller to buyer. Buyer grants seller a security interest in the stallion service certificate and any foal in-utero or born alive, as a result of the aforesaid breeding in order to secure payment of amounts due or to become due hereunder or for boarding any horse owned by buyer, buyer hereby irrevocable appoints Seller as his/her/ its attorney-in-fact to execute and file Financing Statements on Buyer’s behalf to perfect or evidence this security interest. 7. In the event a dispute between the parties hereto arising out of this Contract is submitted to a court of competent jurisdiction, to arbitration, to mediation, or to any combination thereof for resolution, the prevailing party shall be entitled to all costs of such proceedings, including attorney’s fees. 8. All mares arriving at Fanlew Farms MUST have a halter or neck strap with a name plate or identification tag. 9. If your mare will be staying at Fanlew Farms to be bred; dry mares are $18.00 per day and wet mares are $20.00 per day. Stall rates and special care rates vary. All mare care fees must be paid before the mare(s) departure from Fanlew Farms. 10. Do we have permission to tranquilize this mare if necessary? YES NO 11. This Contract shall be construed according to the laws of the State of Louisiana, to the exclusion of the laws of any other jurisdiction. Venue for any proceeding hereunder shall be Webster Parish, Louisiana. 12. The parties acknowledge that this contract constitutes the entire agreement between the parties and that neither party is relying upon any oral settlements of whatever nature not contained and expressed in the Contract. Buyer acknowledges that Seller makes no representations or warranties, express, or implied, as the merchantability or as to the fitness of the stallion or his semen for any purpose. This contract shall become null and void and of no effect unless signed and returned to seller prior to June 30, 2013. IN WITNESSETH WHEREOF, the parties have set their hands to duplicate copies of this Contract. Buyer: Signature _________________________ Seller: _________________________ Fanlew Farms, Agent:_________________________________________________ Address:________________________ Date: ____________________ Phone:__________________________ Email: _________________________ The 2012 Breeding Season, for the purpose of this contract is from February 15, 2013 until July 1, 2013 |
