Instructions: Complete this form, and mail to: Judy Davidenas 6 Anthony Ln Mabelvale, AR 72103 ATA Auction BREEDING CONTRACT for CASSIUS CLAY This is an agreement wherein __________________________________________ (MARE OWNER), has engaged Black Shadow Trakehners (SIRE OWNER) for one service to the Stallion, Cassius Clay, for the Mare, _____________________________________, Reg. No. _____________, for the 2013 breeding season. In consideration for this breeding, as MARE OWNER, I certify that the auction stud fee was paid to ATA in full, in advance. Additional charges involved for insemination and care costs, or for semen shipping, as specified herein are my responsibility. I understand that I must return one signed and dated copy of this contract, the attached Mare ID form, and any applicable deposits on semen shipping containers, to Black Shadow Trakehners, to initiate this contract. Pursuant to ATA directives, there is no live foal guarantee in this auction. SIRE OWNER agrees that if the stud fee is paid, and should said mare subsequently, as a result of this breeding for up to 3 consecutive heat cycles, not conceive, the stud fee shall be carried forward for a second breeding season only. A breeding season is the same as the current calendar year. Thereafter, this contract shall be deemed fulfilled even if said mare still fails to conceive the subsequent season. Once a mare conceives, this contract has been fulfilled in its entirety by SIRE OWNER. 1) Should the mare booked herein fail to conceive and carry a pregnancy the first season, substitution of another mare in her place may be allowed at the sole discretion of the SIRE OWNER. 2) It is further agreed that if either the sire or the mare to which this contract pertains should die, or otherwise become unfit for service PRIOR to the first breeding of said mare, by whatever means, any remaining deposits on semen shipping fees shall be refunded within thirty (30) days, and this contract shall then become null and void. Should the sire die or become unfit for service later in the life of this contract, and frozen semen is available to fulfill SIRE OWNER'S obligations under this contract, then MARE OWNER shall be so supplied with frozen semen as a replacement for other methods of breeding, subject to the deposits required per the then-current semen shipping fee schedule. Should the mare die or become unfit for service later in the life of this contract, then a substitute mare shall be allowed for the balance of the contract term, at SIRE OWNER's discretion. 3) Recognizing that not all Breed Registries yet recognize the use of frozen and/or cooled semen, or embryo transfer, for the purpose of registering resulting offspring, it is the MARE OWNER's sole responsibility to inquire with whatever Registry(s) may be utilized in registering any foal or foals resulting from the execution of this contract as to the recognition of these procedures. SIRE OWNER may provide, to the best of his knowledge, consultation regarding individual Registry rules, but is not a final authority in those rules, and cannot be held responsible for knowledge of those rules, any changes therein, or for the ultimate registerability of any foal resulting from the execution of this contract. 4) For mares bred by fresh-shipped (cooled) semen: a) There are shipping costs as outlined hereinbelow. These fees cover the cost of semen collection, evaluation, processing and packaging for shipment, shipping container rental, shipping documentation and arrangements, consultation with the receiving veterinarian as requested, air freight or Federal Express shipping charges, and any applicable courier transport of the shipment to the airport. For each shipment there will be a Collection/Packaging Fee of $400.00 charged to mare owners who utilize Transported Cooled Semen. The $400.00 charge must be paid prior to transporting semen. Direct shipping costs are separate from the $400.00 fee. b) The breeding must be done by or under strict supervision of an APPROVED VETERINARIAN/BREEDING CENTER. c) MARE OWNER hereby understands that at least 24 hours advance notice must be provided SIRE OWNER for semen collection and shipment (this means 36 or more hours prior to the time that MARE OWNER is able to inseminate said mare). While early-morning requests can be processed and shipped the same day, the stallion must be hauled a considerable distance for collection, making quick response difficult. Short-notice requests will always be accommodated if possible, but at the sole discretion of SIRE OWNER. 1 d) MARE OWNER is responsible for having his/her own veterinarian perform a breeding soundness examination on said mare, including a uterine culture and cytology on all non-maiden mares, the results of which must be forwarded to, and on file with, the SIRE OWNER prior to semen shipment. For mares having poor reproductive histories, and/or those over 15 years of age, a uterine biopsy MAY be required, at SIRE OWNER's sole discretion, and at MARE OWNER's expense, either as a basis for accepting this contract in the first place, or to evaluate a mare mid-contract who is failing to conceive and/or maintain a pregnancy. Any serious problem thus discovered may be a basis for allowing a substitute mare, but will not otherwise alter or void the contract. e) MARE OWNER is solely responsible for a 45 to 70 day pregnancy examination and the forwarding of results to SIRE OWNER. f) MARE OWNER hereby understands and agrees that the sire may be away at a show or competition on the date that semen is requested, or for any other reason be unable to provide fresh semen that day. It is MARE OWNER's sole responsibility to keep in touch with SIRE OWNER in advance of anticipated semen requirements, recognizing that illness or unusual circumstances may render fresh semen unavailable only by last-minute knowledge on the part of the SIRE OWNER. In that case, MARE OWNER must wait until a subsequent cycle to breed said mare, and SIRE OWNER shall not be liable for any costs thus incurred by MARE OWNER. 5) In no case shall semen be shipped or said mare bred prior to acceptance of a properly completed and signed contract by SIRE OWNER, including the payment by MARE OWNER of the required shipping fees. It is MARE OWNER's sole responsibility for timely delivery of all documents relevant to this contract to SIRE OWNER, and SIRE OWNER cannot be responsible for any failure of, or delay in, delivery, for whatever reason. Likewise, SIRE OWNER and his veterinarian cannot be responsible for any delays or failures in semen delivery outside of their immediate control. 6) It is hereby understood and agreed that shipped semen, cooled or frozen, shall be delivered as designated herein by MARE OWNER: _________________________________________________________________________________________ (name, shipping address, day and night telephone numbers) _________________________________________________________________________________________ All inseminations must be performed by a licensed veterinarian with expertise in equine artificial insemination. MARE OWNER is solely responsible for having said veterinarian complete, sign, and return the attached Certificate of Insemination and Pregnancy Examination to SIRE OWNER at the conclusion of each breeding season. This shall be a binding contract upon both parties when signed, and this agreement accepted by SIRE OWNER or his duly authorized agent named herein. This contract is then binding upon all heirs and assigns. Any legal action required to enforce the terms of this contract shall be subject to the Laws of the State of Arkansas, with venue in Pulaski County. The prevailing party in any dispute shall be entitled to all reasonable attorney's fees, court costs, and related expenses, whether or not they are chargeable on a cost bill, as may be awarded by the court. It is agreed that the returned check charge shall be $35.00. I, the undersigned, do hereby certify that I am the MARE OWNER named herein, or a duly authorized agent or lessee thereof, and as such have the authority to enter into, and be bound by, this contract, as witnessed by my signature. I also certify that I have read and understand the terms of this contract and the attached fee schedules, seeking legal advice if I wished any clarification. The mare named herein (please initial appropriately) IS________ IS NOT________ to be bred for an embryo transfer attempt. I am hereby requesting breeding of the mare named herein to the sire named herein via FRESHSHIPPED (COOLED) SEMEN_______ FROZEN SEMEN_______, subject to the possible substitutions mentioned herein. Signed and dated in good faith: __________________________________________________________________________________________ MARE OWNER / AGENT (Circle) and Address ___________________________________________________________ Phone Number and Date _________________________________________________________________________________________ SIRE OWNER / AGENT (Circle) and Address __________________________________________________________ Phone Number and Date 2 MARE HEALTH FORM Mare's Registered Name________________________________________________Birthdate______________ Breed________________________________Registration #__________________________________________ Owner / Agent________________________________________________ Phone/Fax #'s___________________ Address____________________________________________________________________________________ Date Mare Due to Foal_____________________________ Date Last Foaled_____________________________ Maiden Mare? ______________ Tentative Breeding Date_____________________________________________ Current Uterine Culture Results_________________________________________________________________ Current Uterine Cytology Results________________________________________________________________ Uterine Biopsy Results, if done (include date performed and attach copy of laboratory report)_________________ ___________________________________________________________________________________________ Any prior retained placenta?_____________ Any prior Caslick's?_____________ Any prior abortion?_________ Any prior early embryonic loss?_________________________________________________________________ Any past uterine infections?_____________________________________________________________________ Foaling damage or difficulty?____________________________________________________________________ Does the mare cycle regularly?__________________________ Show heat well?___________________________ Any prior or current lameness problems?___________________________________________________________ Last three years bred were_______, _______, _______. Last three years foaled were _______, _______, _______. Most recent vaccinations and deworming; dates and products:__________________________________________ ____________________________________________________________________________________________ I, the undersigned, do hereby certify that I am a currently licensed veterinarian in the State in which this mare resides, and that on this date I have examined this mare's physical and reproductive condition, including a uterine culture and cytology (if a non-maiden mare), and find her to be in good health, and in acceptable breeding condition. _______________________________________________________________________________________ Signature Veterinarian's Name (please print) 3 Date Telephone To be returned at end of season. VETERINARY CERTIFICATE of INSEMINATION and PREGNANCY EXAMINATION Please return after final pregnancy examination each season, whether positive or negative. I, the undersigned Veterinarian, duly licensed in the state / province of ________________________________, and holding current license #_____________, do hereby attest that at the following time(s) on the following date(s), I artificially inseminated the ________ year old _____________________(color) mare named ___________________________, owned by _________________________________________, with the fresh-chilled semen labelled as being from the stallion named Cassius Clay. Said inseminations were carried out in accordance with standard veterinary practices. I also certify that I examined this same mare for pregnancy on the following date(s), and have indicated the results of these examinations. I further certify that after careful inspection, the mare inseminated and pregnancy checked is in fact the same individual that I have named herein. I further certify that no other mare was inseminated with the semen shipment designated for this mare, that any unused, chilled semen was destroyed by me. Date of Insemination Approximate Time of Day Date of Pregnancy Examination % Progressive Motility of Warmed Semen Postbreeding Results of Pregnancy Examination WITNESS my signature, under the pains and penalties of perjury, this _______ day of ______________, _______. ________________________________________________________________________________ Signature Name Address 4 Telephone