Lookout Mountain Custom Collection
SEMEN COLLECTION, FREEZING AND STORAGE AGREEMENT
This agreement is entered into by and between Lookout Mountain Genetics, LLC (“LMG”) and
Name________________________________________________________________________________
(Owner Name)
Address______________________________________________________________________________
(Street Address)
(City)
(State)
(Zip)
Phone:_______________________ Fax:_____________________ Email:__________________________
Tax I.D. #:____________________ or Soc Sec #___________________ LMG Account #_______________
(individually or collectively hereafter referred to as “Owner”). If the Owner is a legal entity or more than
one person, all notices, invoices and correspondence regarding this agreement will be sent to the
attention of the following person who has been designated as the agent by the Owner:
Name________________________________________________________________________________
(Owner Name)
Address______________________________________________________________________________
(Street Address)
(City)
(State)
(Zip)
Phone:_______________________ Fax:_____________________ Email:__________________________
LMG and Owner agree that LMG will collect, freeze, process, store, appraise and/or ship semen
pursuant to the following terms:
1. Bull to be Collected (“Bull”). Owner represents and warrants sole and complete ownership of
the Bull identified in this paragraph which is the Bull delivered to LMG pursuant to this
agreement.
Bull Name:________________________________ NAAB Code:____________ Tattoo:_________
Breed:_________________ Registration #:_________________ Date of Birth:_______________
2. Collection Goals. LMG will attempt to collect, process and store the following units of semen
from the Bull:
________________ ________________ _________________ ___________________
# units Pre-CSS
CSS Units
Export units (if possible)
3. Fees. LMG will perform services according to the following fee schedule:
Export Countries
Bull Housing Fees:
$______
Semen Collection Fees: $______
Semen Storage Fees:
$______
Semen Shipping Fees: Handling charge of $45 per container plus direct shipping, inspection
and export/import costs as more specifically described in paragraph 8.
Veterinarian, Health Inspection, Blood Typing and Genetic Tests required by breed associations or
regulatory agencies: These are the responsibility of Owner and, if paid by LMG, will be reimbursed
immediately by Owner.
4. Change of Fees. All LMG fees are subject to change upon providing Owner written notice of such
changes.
5. Waiver. Owner agrees to waive any claim against LMG for liability arising out of injury, sickness
or death of the Bull, or destruction or damage to Semen, unless resulting from LMG’s gross
negligence or willful misconduct. Owner(s) agree to insure bull(s) at their own expense.
Read and agreed______. (Initial)
6. Health Addendum. Owner will deliver, with the bull, a health certificate by an accredited
veterinarian certifying negative tests within the prior thirty day for tests as outlined in or on the
Health Addendum attached to this agreement. Additional testing is available at Owner’s
expense upon request.
7. Collection of Semen. LMG will use its best efforts to collect, process, store, evaluate and
distribute semen of the highest quality, but makes no warranty as to the quality of fertilizing
capacity of semen and reserves the right to discard semen which does not meet its standards.
8. Semen release from storage and shipping. Semen will be released from storage upon request of
Owner, provided LMG has received payment for all charges in regard to said Semen and further
provided that Owner is current on its account with LMG. Semen will be shipped or released
upon following terms:
a. Shipments will be made at the request of the Owner. Requests will be taken by phone,
mail, and E-mail.
b. A handling charge for the use of the shipping container and nitrogen will be assessed on
all ground transportation and air shipments. Freight charges are in addition to the
handling charge. Freight and handling charges can be charged COD to the person
receiving the shipment or can be billed to the LMG customer requesting the shipment.
Third-Party billing is available only with prior approval. Major credit cards are also
accepted.
c. Call tags will be sent for all shipments sent UPS. All shipping containers sent by other
modes must be returned prepaid within 10 days. A fee will be charged to Owner who
requested the shipment for any shipping containers not returned in a reasonable
amount of time.
d. Incoming shipments will be charged a handling fee in addition to any other freight
charges incurred in receiving or returning the shipping containers.
e. Export shipments will be charged a documentation fee for the preparation of a U.S.
Origin Health Certificate and other export documents. Handling and freight charges will
also apply.
9. Invoices and Late Charges. All invoices are due and payable by the end of the month in which
the invoice is received. If the full amount of the invoice is not paid when due, LMG will assess a
finance charge at the greater of 1.5% per month or the maximum amount allowed by law.
10. Warehouse Receipt. This agreement in conjunction with any invoices sent to Owner,
constitutes a warehouse receipt. LMG, in its capacity as a storage facility, warehouse, and
warehouseman, has lien rights in Semen pursuant to applicable law and has various rights
arising therefrom, including but not limited to, the right to sell Semen by private or public sale, if
LMG is not paid for its storage, transportation, insurance, labor or other charges, present or
future, in relation to Semen and for expenses necessary for preservation of it.
11. Security Interest. Owner grants to LMG a security interest in the Bull and Semen, and proceeds
thereof, to secure all obligations now or hereafter owning LMG by Owner pursuant to this
Agreement. Upon request by LMG, Owner shall execute any and all documents requested by
LMG in furtherance of its rights as a secured party, including but not limited to bills of sale,
registration documents, health papers and requests for semen certificates.
12. Disposal of Semen. If owner fails to make payment within 90 days of any invoice date, LMG will
have the right to dispose Semen without incurring liability to the owner or third party
beneficiaries, provided that LMG has provided Owner written notice of its intention to dispose
of Semen and Owner has not paid all outstanding invoices within 30 days of the date such notice
was mailed to Owner.
13. Joint and Several Liability. Each Owner of the bull is jointly and severally liable for all obligations
owing to LMG pursuant to this Agreement.
14. Legal Fees. Owner will be responsible to LMG for all attorney fees and court costs incurred as a
result of Owner’s failure to perform its obligations under this Agreement.
15. Limitation of Liability. Under no circumstances will LMG have any liability for consequential
damages. Under no circumstances will any of LMG liability under this Agreement exceed the
total fees paid by Owner to LMG pursuant to this Agreement, whether such claim is based in
contract, warranty negligence, equity or strict tort liability.
Read and agreed _____. (Initial)
16. Risk of Loss. Owner agrees that is semen is lost, damaged or destroyed during shipment, the risk
of loss is on Owner and that LMG will not be liable for such loss, damage or destruction.
17. Limitation of Warranty. LMG makes no warranty of any kind whatsoever, either express or
implied, concerning its products, and the implied warranties of merchantability and fitness for a
particular purpose are hereby disclaimed.
18. Termination of Agreement. This agreement may be terminated by either party upon ten days
written notice. Upon termination, the Owner will immediately remove the Bull and all stored
semen and will pay all charges accrued through the date of removal.
In witness whereof, the parties hereto have respectively executed this agreement in duplicate on
the date indicated below.
For Owner:
LMG:
By:___________________________________
By:__________________________________
Its:___________________________________
Its:__________________________________
Date:_________________________________
Date:________________________________
Health Addendum, LMG Custom Collection
Health Requirements
The National Association of Animal Breeders (“NAAB”) and government health regulations require that
all bulls coming to the LMG housing center must be (i) tested and be negative for Tuberculosis,
Brucellosis and 5 strains of Leptospirosis, and (ii) must received a blood test and be negative for BVDV by
immunofluorescence(FA) or immunoperoxidase(IP) methods, or have been tested and be negative for
antigen capture ELISA tests for other diseases, as required, within 30 days prior to entry into regular
LMG housing. Bulls not meeting these requirements will be housed in “pre-entry” and may be subject to
additional charges for testing until proven negative.
CSS Approved Freezing Service Available
Bulls can be unapparent carriers of certain diseases that can be transmitted by semen. As a result,
Certified Semen Services (CSS) has established “Minimum requirements for disease control for semen
produced for AI,” designed to protect the health of the herd in which the semen is used. The CSS
requirements provide a minimum standard for health monitoring of bulls prior to entry into a semen
collection center, during an isolation period and throughout residing at the center. The goal of CSS is to
reduce the risk of the spread of disease.
In order for bulls to have their semen “health certified” under the CSS program, they must be examined
and tested as follows:
Tested within 30 days prior to entry.
Physical examination – conducted by an accredited veterinarian
Tuberculosis – negative intradermal tuberculosis test
Brucellosis – official test of state where bull is located
Leptospirosis – 5 common serotypes
BVDV by immunofluorenscence(FA) or immunoperoxidase(IP), or an antigen capture ELISA
Isolation – (testing conducted at LMG)
Tuberculosis – negative intradermal tuberculosis test conducted at least 60 days after pre-entry
test
Brucellosis - negative serum agglutination test and complement fixation test conducted at least
30 days after entry
Bovine Viral Diarrhea Virus – one negative virus isolation test performed on blood and on frozen
semen
Leptospirosis – blood test for 5 serotypes important in USA (L. Pomona, L. hardjo, L. canicola, L.
icterohemorrhagiae, L. grippotyphosa)
Campylobacteriosis Trichomoniasis- series of six (6) negative culture tests of preputial material.
Bulls under 12 months of age – tested negative on 3 weekly tests
Antibiotic treatment of all semen and extender with a combination of tylosin, gentamicin, and lincospectin has shown to be effective in controlling mycoplasmas and ureaplasmas.
The length of time to complete isolation testing at LMG ranges from 45 to 70 days, depending upon
when the bull(s) was tested prior to entry and the date he actually enters.
Negative results to these tests will qualify the semen produced to be labeled as CSS Health Certified
Semen. Several states have laws that require the bull to undergo the tests conducted in the CSS program
in order to qualify to have semen sold in those states. Many importing countries have recognized the
CSS program and incorporated its standards into their import requirements for both semen and embryo
sire donors. However, since import regulations change from time to time, additional tests may be
necessary for semen to qualify for export to some foreign countries.
CSS Semen
Owner or Agent requests that the LMG veterinarian conduct the CSS tests to reduce the risk of
spreading disease, at Owner expense, estimated to be $ _____.
For Owner:
By: _____________________________________ Its: _____________________________________
(OR) Non CSS Semen
I elect not to have my bull tested according to CSS standards and recognize that certain diseases can be
transmitted by frozen semen. I recognize LMG recommends testing in accordance with the CSS
standards because it may reduce the risk of spreading disease through semen. I expressly waive having
my Bull tested according to the CSS standards and agree to hold harmless and indemnify LMG from any
actual or consequential damages for any and all liabilities, obligations, losses, claims or damages
whatsoever, regardless of cause thereof, and expenses, including but not limited to attorneys’ fees and
expenses, arising out of or resulting from diseases related to the use of this Bull’s Semen.
Owner:
By: ________________________________________ Its: ____________________________________