AVALON APPALOOSAS, LLC. 350 San Benancio Road Salinas, California 93908 Office 831-484-7721 Manager: 650-714-7529 Tom@AvalonAppaloosas.com FROZEN SEMEN BREEDING CONTRACT This agreement is made this ________day of ___________________________________, 2016 by and between Avalon Appaloosas, LLC, herein referred to as “Stallion Owner” and the undersigned Owner or Lessee of the mare described below: Owner/Lessee of Mare_______________________________________________________________________________ Address: _______________________________________________________________________________________________ City: __________________________________________________State__________________________ Zip______________ Phone 1 _________________________________________ Phone 2___________________________________________ Fax: _____________________________________________E-mail: ________________________________________________. Name of Mare_______________________________________________________Color________________Year Foaled____________ Breed___________________________________________ Registry _______________________________Reg. # ____________________ Sire_______________________________________________________ Dam___________________________________________________ *********A copy of the mare’s registration papers must be submitted with this agreement. ********** TERMS AND CONDITIONS 1. Term of Agreement The Mare Owner hereby purchases one breeding service for the 2016 breeding season using shipped frozen semen for the mare listed above to breed to Honkytonk Wrangler ApHC # 640081. 2. Breeding Fees The frozen semen breeding fee, with live foal guarantee, for Honkytonk Wrangler is $1000.00. This represents a non-refundable booking fee of $500.00 due upon execution of this Agreement. The balance of the breeding fee must be paid before shipment of any frozen semen. Payments can be made via check or PayPal to Avalon Appaloosas LLC. Please note: The stallion service fee does not include shipping fees, handling, and/or container fees. Breeding provided by frozen semen will be shipped according to the terms and conditions for frozen semen set forth in the attached Addendum A. The breeding fee includes a single shipment of 3 doses of frozen semen. Each dose of frozen semen is defined as a single insemination unit ( 8 x 0.5 )ml straws) containing a minimum of 600 million total sperm, which, upon proper thawing, show at least a 30% post thaw motility. Additional doses of semen for this breeding season may be purchased for a fee of $150 each. In the event the mare does not conceive during the first breeding season, or does not produce a live foal defined as a foal that stands, nurses and survives for a period of at least 24 hours from the time of birth, the Breeder exercises the right to a return breeding in 2017 and is responsible for a $500 rebreed fee and all transported charges and expenses. Pursuant to the “Live Foal Guarantee” in section 5 the breeder will receive up to 3 doses of frozen semen for the second breeding season. Additional doses of semen (a single insemination dose) may be purchased for $150 per insemination dose. The Stallion, Honkytonk Wrangler, has been tested negative for: EVA Tested Negative and Vaccinated HYPP N/N HERDA N/N GBED N/N PSSM N/N MH N/N All test results will be made readily available upon request. 3. Availability of Semen Should frozen semen become unavailable due to unforeseen circumstances before the Mare is first serviced pursuant to this agreement, this Agreement shall be terminated and the Stallion Owner shall return the booking and breeding fees paid by the Breeder within ten days. If the mare has been serviced but did not conceive and semen is no longer available then the booking fee shall be returned to the Breeder. 4. Live Foal Guarantee If the mare fails to conceive, aborts, dies or does not produce a “Live Foal” then the breeder shall have the right to rebreed or substitute a mare (upon approval of the Stallion Owner) within the current or following year only. A “Live Foal” shall be defined as a foal that stands, nurses and survives for a period of at least 24 hours from the time of birth. A statement signed by a veterinarian is required to be submitted to the Stallion Owner detailing identification of the mare, certifying that the Mare did not become pregnant during the first breeding season, that she died, aborted, or that she did not produce a live foal. If the Mare is bred to any other stallion during the 2016 breeding season this Agreement is null and void. If Mare Owner fails to rebreed to Honkytonk Wrangler in 2017 any and all fees paid shall be forfeited, the right to rebreed is canceled and Avalon Appaloosas LLC is released from all obligations of this agreement. 5. Breeding and Semen Handling A Breeding Soundness exam prior to breeding, including uterine culture and cytology, is recommended for all mares. Stallion owner reserves the right to refuse or discontinue service to any mare that has not settled within (4) heat cycles or if she is determined to be carrying an infectious and/or contagious disease. The Breeder may elect to substitute another mare (upon approval of the Stallion Owner) but such substitution does not extend the original term of the Agreement. Mare owner agrees to assume responsibility for all facets of breeding the Mare and agrees to comply with all breed registry requirements concerning the use and handling of frozen semen. Avalon Appaloosas LLC requires that only a qualified and experienced person in the use and handling of transported frozen semen and who practices equine reproduction as a regular part of his/her practice will perform the handling, thawing and insemination using shipped frozen semen: VETERINARIAN / BREEDING FACILITY INFORMATION Facility_____________________________________________ Veterinarian______________________________________________ Address _________________________________________________________________________ City_______________________________________State___________________________________ Zip__________________________ Phone 1 _______________________________________________ Phone 2_________________________________________________ Fax________________________________________________ E-mail________________________________________________________ Mare Owner agrees to use all frozen semen shipped to Mare Owner to breed only the Mare named in this agreement. Any attempt to use any portion of any semen shipped to Mare Owner to breed any mare other than the Mare named in this agreement shall automatically terminate all obligations of Avalon Appaloosas LLC under this agreement and result in forfeiture of all booking and breeding fees, shipment fees, and the right to a breeder’s certificate. The Breeder is required to provide Avalon Appaloosas LLC with an insemination certificate signed by the attending veterinarian specifying the identification of the mare inseminated with the frozen shipped semen, the dates that the inseminations occurred, and that any unused doses were returned or destroyed as per the contract. Any unused semen must be returned to Avalon Appaloosas LLC or, with written permission, destroyed by a veterinarian. Upon notification of the birth of a live foal and full payment of all fees and expenses, Avalon Appaloosas LLC will issue one breeder’s certificate to the Mare Owner. Should more than one live foal result from this breeding Mare Owner shall pay an additional breeding fee and booking fee within two weeks of the Mare foaling for each additional resulting foal in order to receive a breeding certificate for the additional foal. 6. Shipping Fees and Policies Once both Booking Fee and Stallion Service fees have been paid to Avalon Appaloosas LLC, Stallion Owner will contact Select Breeders Services to release a single shipment of 3 doses of frozen semen (as defined in Item 2 Breeding Fees paragraph 3) to the Breeder as per this agreement. Breeder is responsible for all shipping, tank rental, and handling fees associated with delivery of semen from the storage facility and return of the shipping container. Shipping via second day delivery is standard but priority delivery is available at additional cost. Semen is stored and shipped by: Select Breeders Services, Inc. United States: 877-658-3328 (toll-free) Maryland: 410-885-3202, Texas: 940-365-2467 Europe: 39 0372 65101 Australia: 61 358 299 566 www.selectbreeders.com Important: Please contact Select Breeders Services Inc. for current shipping fees, protocol and requirements. Once the shipment arrives it should be inspected immediately. Any claims regarding the integrity of the shipment must be filed within 24 hours of delivery. Stallion Owner and Select Breeder Services, Inc. shall not be responsible for lost semen shipments or delays in delivery not within the control of the Stallion Owner/SBS Services such as missed flights, weather delays, failure of third party service, acts of God. Stallion Owner/SBS Services, Inc. will not be responsible for lost or damaged semen while in the possession of your veterinarian/breeding facility. 7. Breeding Certificates and Registration Breeder agrees to submit to Stallion Owner veterinarian identification and confirmation of the mare’s pregnancy as explained in Section 5. Breeder is responsible for compliance with registry requirements for use of frozen semen and payment of any fees for the subsequent registration of foals conceived. Stallion Owner will issue registry required breeding certificate upon notification of resulting foal. 8. Assumption of Risk, Waiver of Claims, Indemnification The breeder shall assume all responsibility for the condition and management of the Mare and will 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 agrees to hold Stallion Owner or any person employed or associated with Stallion Owner harmless for any and all damages associate therewith. Stallion Owner and semen storage & shipment facility/Select Breeder Services, Inc. make no guarantees, expressed or implied as to the fertilizing capacity of any semen provided under the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of the State of California. This Agreement is non-transferrable, non-saleable and may not be assigned to another party; it may not be changed, modified or amended except in writing, signed and agreed upon by all parties. The parties hereto understand and agree to abide by the terms and conditions as set forth in this Agreement: Mare Owner/Lessee Signature____________________________________________________ Date_____________________ Printed Name ______________________________________________________________ Stallion Owner Signature__________________________________________________ Date____________________ Printed Name_______________________________________________________________ Reminder: A copy of the Mare’s registration papers and the $500 Booking fee must be submitted with this agreement. .