Johnson Farms Shipped Semen Contract This agreement is made by and between Johnson Farms (also referred to as “Stallion Owner”) and (Hereinafter referred to as “Mare Owner”) for breeding to the Stallion: Ima Super Painted Jac APHA#507,940 (Hereinafter “Stallion”) Breeding Fee: $400.00 (Includes $100.00 booking fee) The Mare to be Bred Named____________________________________________________________ Registration No._____________________________________ Breed___________________________ Date of Birth_____________________________________ Color_______________________________ Sire Registration No.__________________________________________________________________ Dam Registration No.__________________________________________________________________ A Photocopy of Mare’s Registration Papers Must Accompany this Contract (If registered). Owner Information: Mare Owner’s Name __________________________________________________________________ Address_____________________________________________________________________________ Telephone_________________________ Fax ______________ E-mail _________________________ Name of Attending Veterinarian_________________________________________________________ Full Address Where Semen is to be shipped _____________________________________ ___________ ____________________________________________________________________________________ Telephone Number Where Semen is to be shipped _______________________ ___________________ Month you are planning on Breeding____________________________ The Breeding Season Shall Begin on January 25 And Close on July 31, Unless Special Arrangements Have Been Made. A $100 Booking Fee Shall Be Paid at the time of the Signing of this Agreement and Shall be applied to the Breeding Fee. The Parties have read the Contract and agree to the terms therein: Mare Owner’s Signature___________________________________________ Date_____________ Stallion Owner’s Signature________________________________________Date_______________ PH. 509-727-3973 PLEASE RETURN THIS PAGE OF CONTRACT TO: Johnson Farms 7632 Selph Landing Rd, Pasco, WA 99301 Fax: 509-545-5670 1. This booking fee and the Stallion Fee ($400.00 total), providing it is already paid, is refundable only in the event of the death of the above named Mare prior to breeding, or in the event that the above named Stallion becomes unfit for service, dies, or is sold prior to impregnating the mare. All other incurred expenses shall be due and are not refundable. 2. This is a live foal guarantee. A live foal is described as a newborn foal that stands and nurses without assistance for 72 hours. If the foal will not stand and suck and death occurs, the mare owner will be entitled to a free breeding during the season of the following year only. An alternate Mare may be substituted upon approval of Stallion Owner. This guarantee does not include death from injury to the foal. Only the stud fee is free. All other fees apply, and are the responsibility of the Mare Owner. This guarantee will apply only if Stallion Owner is notified within 7 days from the time of death of the foal. This notice must be accompanied by a statement from a licensed veterinarian. Booster rhinopneumonitis (killed virus) vaccinations must be administered as indicated by the individual drug manufacturer as the mare progresses through her pregnancy. Failure to do this will void the live foal guarantee. The Mare Owner must pay any board, collection, shipping and/or veterinary charges if the Mare returns for a rebreeding. Mare Owner agrees that Stallion Owner and/or Manager do not make any guarantees as to the quality or conformation of the foal nor that the foal will be free of any infirmity, conformation defect, disease or inherited trait. 3. This contract is non-assignable and non-transferable. 4. Stallion Owner shall not issue breeders certificate to Mare Owner until after Mare Owner notifies Stallion Owner that mare has produced a live foal. Stallion Owner shall not issue breeders certificate to Mare Owner until all outstanding debts (if any), including vet fees and any fees associated with this breeding are paid. 5. Mare Owner will be solely responsible for seeking registration of the resulting foal in the appropriate breed registry/registries and will pay all associated fees or expenses, including all fees associated with DNA testing for mare and foal for registration purposes. 6. Stallion Owner's responsibility is to ship semen in viable condition and that sperm count, motility, collection and packaging procedures meet and/or exceed industry standards, but assumes no responsibility for the loss of semen viability or associated expense due to any delay in shipment, delay in airline schedules or delay in courier services beyond our control 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. 7. Semen requests will be filled in the order in which they are received. Every effort will be made to fill all orders. Johnson Farms will not be held liable if the Mare is missed due to a shortage of semen. 8. Mare Owner agrees that semen may be used for the designated mare only. Mare must be inseminated by a licensed veterinarian or authorized technician the same day of delivery of semen and that proper methods of handling semen and preparing the mare must be used. 9. Stallion Owner will use a Hamilton-Thorne Equitainer semen container, providing one is available at the time of shipment. Equitainer will be available on a first-come, first-serve basis. The equitainer and all of the container supplies such as the Isothermalizer, specimen cup and coolant cans must be returned to Johnson Farms clean and in good order. If equitainer or components are lost, damaged or not returned to Johnson Farms in usable condition, Mare Owner could be charged up to $300.00 to replace container and/or components of container. The equitainer must be shipped back to Johnson Farms within 48 hours. In the case that an equitainer is not available, a disposable shipping container will be used. 10. Mare Owner will pay shipping on container both ways to insure timely return of container. There is a surcharge for international shipments. Normal overnight delivery requests for semen must be received no later than 8:00 pm West Coast time on the day before semen needs to be shipped. Designated days for overnight delivery are Monday through Friday. Due to new airline regulations, no "counter to counter" service is offered at this time. 11. Mare Owner agrees to contact Johnson Farms either by phone, fax or e-mail three (3) separate times: When you or your veterinarian detects the first day of heat for your mare After your veterinarian checks your mare to let us know when he/she first approximates the date of ovulation and when he wants semen to be shipped The day before semen is to be shipped * *While we make every effort to fill every order, we cannot guarantee a shipment with same day orders. 12. Fees: the following fees must be paid before any "cooled semen" will be shipped: $400.00 in full, which includes the $100.00 booking fee. shipped semen fee* will be determined for each shipment *includes shipping both ways 13. If at any time the Mare Owner wishes to substitute for another mare to fulfill the remainder of this contract or should the Mare die or is found not to be in sound breeding condition, the Mare Owner may do so upon written approval from the Stallion Owner. 14. If the Mare fails to settle, for any reason, Mare Owner will hold stallion owner blameless. Mare Owner agrees to give Stallion Owner ample time to settle mare. INDEMNITY CLAUSE: The parties agree the Mare Owner shall assume all responsibility for the condition of the Mare and shall bear all risk of loss or damage to the Mare whether by death, disease, injury, infection, or otherwise, and by any cause whatsoever, and therefore agree to hold Johnson Farms or any person employed by or associated with Johnson Farms, harmless for any and all damages associated therewith. Mare Owner specifically understands that Johnson Farms makes no warranties or guarantees, expressed or implied, as to the fertilizing capacity of any semen provided by Johnson Farms. This document constitutes the entire agreement between parties. Any amendments to or modifications of the terms of the agreement must be in writing when the Mare Owner and Stallion Owner/ Agent have signed the contract. It will then be binding on both parties, subject to the above terms and conditions. Should it be necessary for Stallion Owner to employ an attorney to enforce any of the terms of this agreement, including collection of money owed, Mare Owner shall pay all reasonable attorney fees, costs of suits, and expenses reasonably related to enforcing this agreement.