Stallion Service Agreement & Liability Release
This STALLION SERVICE AGREEMENT & LIABILITY RELEASE (“Agreement”) is for the breeding season of 2012 and is made and entered into by and
between
(hereinafter “Mare Owner”), and Ryun Livestock / Jacob & Kristine Ryun (hereinafter “Stallion
Owner”), and High Plains Genetics (hereinafter collectively “Breeding Facility”) on this ___
day of
, 20
.
Mare Owner and Stallion Owner hereby agree as follows:
1. Purchase of Breeding.
a. Stallion Owner hereby sells and Mare Owner purchases a 2012 breeding to the following stallion: Straws Mighty Magnum, ApHC Reg # 558954
(hereinafter referred to as "Stallion");
b. Which entitles Mare Owner (or Lessee on record) to breed the following approved mare:
,
Reg
#
_
_ (hereinafter referred to as “Mare”) to Stallion during the 2012 Breeding Season, subject to the terms and conditions of this Agreement.
2. Stallion Service Purchase Price.
a. Mare Owner agrees to pay to Stallion Owner the total fee of:
i. Non-Refundable Booking Fee: $250 USD (include in the Stallion Service fee)
ii. Stallion Service Fee: $700 USD
iii. Chute Fee: $275.00 USD
iv. The Booking Fee is due and payable at the execution of this Agreement and the Chute Fee & balance of the Stallion Service fee is due and payable
prior to Mare being bred, or prior to shipment of semen. All funds are payable directly to Stallion Owner. Full payment and signed Agreement
must be received and cleared prior to shipment of semen to the location designated by the Mare Owner.
3. PLEASE CHECK WHICH BREEDING OPTION YOU WILL BE USING:
o
Mare Care. Mare Owner agrees to pay for care and feeding of mare while in Breeding Facility's custody at $12 per day for dry mares; $15 per day for wet
mares. Invoices will be sent monthly. Mare Owner has inspected Breeding Facility's facility and is satisfied with same.
o
4.
5.
6.
7.
8.
Cooled Semen Shipping. In addition to the Chute Fee set forth above, Mare Owner agrees to the following for each additional shipment of cooled semen:
a. Pay Stallion Owner before each semen shipment. Mare owner shall pay an additional transported semen fee of $250 (covering costs related to collection,
handling, next day delivery/Fed EX). If other requirements are needed (same day air freight, etc) Mare Owner is responsible for the above $250 shipping fee
plus any and all additional charges occurred; not limited to courier fees, additional shipping charges, etc.
b. If the first shipment needs to be sent same day counter to counter there Mare Owner is responsible for any additional fees associated in addition to the
$275 chute fee.
c. Return Equitainer to Breeding Facility within five (5) days after receiving shipment.. If Equitainer is not received within five (5) working days from
shipment from Breeding Facility, Mare Owner will be assessed a $20 daily rental fee; and
d. No Equitainer deposit is required, but our containers must be returned immediately.
Ordering Cooled Semen. Mare Owner must notify Breeding Facility a minimum of twenty four (24) hours prior to shipment date. Stallion is collected
Monday through Friday only.
Live Foal & Color Guarantee.
a. Live Foal: If Mare is barren, aborts or fails to produce a single live foal that can stand up unassisted and nurse, Stallion Owner will allow Mare Owner a
return breeding privilege of the Mare to Stallion (or a substitute mare if acceptable to Stallion Owner) in the next breeding season (2013) only, provided that
Mare Owner furnishes a satisfactory certificate issued by a licensed veterinarian attesting to either occurrence within thirty (30) days of the date of the
occurrence. Under above circumstances, Mare Owner has the privilege to return Mare to be re-bred for no additional Stud Fee. All other fees still apply;
current season booking fees, collection, shipping, boarding, veterinarian, farrier, etc. Guarantee is null and void if Mare Owner does not give Stallion Owner
ample opportunity to settle mare. There are NO live foal guarantees for third year rebreeds.
b. This contract contains a color guarantee. If the mare (Mare must be an approved ApHC Outcross) produces a solid, non characteristic foal, the mare may be
re-bred for no additional Stallion Service Fee. All other fees still apply; current season booking fees, collection, shipping, boarding, veterinarian, farrier, etc.
This guarantee is only good for the breeding season in which the solid foal is born and is non-transferable. A solid foal is a foal that is not eligible for
regular registration as described in the ApHC Official Handbook: Regular Registration required characteristics are Appaloosa coat pattern, or mottled skin
and one other Appaloosa characteristic. The Appaloosa can have four identifiable characteristics: 1. Coat Pattern; 2. Mottled Skin; 3. White Sclera; and 4.
Striped Hooves.
Extinguishment of Foal Guarantees/Damages. The purchase price set forth in paragraph 2, above, shall either be retained by or become immediately due and
payable to Stallion Owner as liquidated damages and the Live Foal Guarantee above becomes null and void if Mare Owner does any of the following:
a. Fails to pay fees due under this contract;
b. Takes Mare home before Breeding Facility has a reasonable and sufficient opportunity to settle Mare (that is, having the Mare bred through at least two heat
periods or being certified in foal); and/or
c. Breeds the Mare to another stallion in the 2012 breeding season without the written permission of the Stallion Owner.
Stallion Owner's Warranties and Disclaimers. Stallion Owner makes the following warranties and disclaimers, and Mare Owner accepts each one:
a. Stallion Owner is the sole owner of the Stallion referenced above and has full authority and power to transfer title to a breeding season to Mare Owner. The
season granted under this contract is free from all liens and encumbrances.
b. Stallion Owner, Breeding Facility, its agents, employees, representatives, and/or assigns shall not be responsible for any disease, injury, death, theft, or
accident to the Mare (and her foal, if any).
c. Breeding Season will run from 5 March 2012 until 15 June 2012 unless otherwise noted and agreed upon in writing.
Mare Owner's Warranties and Disclaimers. Mare Owner warrants to Stallion Owner as follows:
a. Mare Owner is the owner (or Lessee of record) of the mare named: ______________________________, __________ Reg # _______________ [which is
o
o
o
currently
wet
dry maiden], which Mare Owner will present to for breeding to Stallion during the _2012_ breeding season under this Agreement.
b. Mare is, to Mare Owner's knowledge, free from transmittable illnesses or diseases. If Mare is going to the Breeding Facility, current EIA and health
certificate are required.
c. 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. Upon request of Stallion Owner, Mare Owner will be solely responsible for blood typing resulting foal and will pay all associated fees or
expenses.
d. If the Mare is to be brought to the breeding facility, the Mare is halter broken and reasonably safe for handling and breeding. Mare Owner will allow
Breeding Facility to have its veterinarian check Mare for normal breeding conditions and to perform pregnancy testing or such other veterinary services as
deemed necessary. Mare Owner shall pay all fees for such veterinary services. In the event that Mare Owner fails to make timely payment to Stallion Owner
and breeding farm of any invoice sent pursuant to this Agreement, Breeding Facility or Stallion Owner reserves the right to impose, after ten days from the
date payment is due, a late payment fee of 18 % per annum on all unpaid sums. Breeding Facility will not release Mare and/or foal until all charges have
been paid to Stallion Owner and Breeding Facility in full.
Ryun Livestock • 283 Rough Rider Road • Grassy Butte, North Dakota • 58634 • 701-863-7986 • info@ryunlivestock.com
Stallion Service Agreement & Liability Release
9.
a.
b.
c.
10.
11.
12.
13.
14.
a.
b.
c.
d.
Release/Hold Harmless.
Mare Owner agrees to hold harmless and release Stallion Owner, Breeding Facility, and their respective agents, employees, representatives, assigns,
affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal
property damages or losses that Mare Owner may sustain arising out of being on the premises of High Plains Genetics.
Mare Owner agrees to hold harmless and release Stallion Owner, Breeding Facility, and their respective agents, employees, representatives, assigns,
affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal
property damages or losses that Mare Owner may sustain arising out of the breeding, handling, or keeping of the Mare at High Plains Genetics that
may accrue from any cause whatsoever (including fire, theft, running away, accidents, illness, injuries or death) during the term of this Agreement
and/or while the Mare (and foal, if any) is/are in the Breeding Facility's custody and control.
Mare Owner agrees to hold Stallion Owner and Breeding Facility harmless if Mare does not settle.
Indemnification. Mare Owner shall be solely responsible for all acts and behavior of Mare at all times while this Agreement is in effect. In no case
shall Stallion Owner, Breeding Facility, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on
their behalf be liable for the acts and behavior of Mare unless they directly caused the injury due to gross negligence or willful and wanton
misconduct on their part in breeding, handling, and/or keeping of the Mare. Mare Owner also hereby agrees to indemnify and hold Stallion Owner
and Breeding Facility harmless against all damages sustained or suffered by any third person [not a party to this Agreement, including but not
limited to Mare Owner's guests, visitors at High Plains Genetics, etc.] that were caused by the acts of the Mare, or her foal.
Substitute Mare/Stallion Owner's Refund Policy. In the event of the death or incapacity of the Mare, Mare Owner shall be required to breed a substitute
Mare to the Stallion, provided that the Stallion Owner has given advance approval in writing of the proposed substitute mare. No refunds shall be permitted.
In the event of Stallion's death or unfitness for breeding, the Stallion Service fee less the booking fee, chute fee and any expenses owed, will be refunded to
the Mare Owner.
Veterinary Treatment. If farm breeding option is selected, Mare Owner will allow a veterinarian selected by Stallion Owner, or Stallion Owner's Stallion
Manager, to check the Mare for normal breeding conditions and to perform reasonable services Stallion Manager deems necessary (such as pregnancy
testing, palpation, suturing, etc.). Mare Owner agrees to pay all fees for such services.
Stallion Service Certificate. Stallion Owner reserves the right to withhold issuance of a Stallion Service or Breeder's Certificate applicable to the breeding
hereunder until Mare Owner is current on all payment obligations to Stallion Owner. When all obligations are paid in full and verification has been received
that a live foal was produced from this breeding, Stallion Owner shall then provide a signed Breeder’s Certificate to the Mare Owner.
Additional Information:
This contract is non-assignable and non-transferable.
This contract is entered into the State of North Dakota, and will be governed by the laws of the State of North Dakota. All accounts are due and are payable
in U.S. Dollars as described in above Agreement
This contract represents the entire agreement between both parties. No other agreement, promises, verbal, or implied are included unless specifically stated
in this written Contract. The Original Contract will be kept on file at Ryun Livestock and a copy will be provided for the Mare Owner for their records and
reference as requested
The following is attached hereto and made a part hereof: Enclosure 1, Enclosure 2.
When Mare Owner and Stallion Owner have signed this Contract, it will then be binding by both parties, subject to the above terms and conditions.
Stallion Owner’s Signature: ________________________________________________________________ Date: ____________________
Mare Owner/Recorded Lessee/Authorized Agent Signature: __________________________________________________ Date: ________________
Contact & Billing Information (*Note: This is NOT Shipping Information!*)
Name (printed): _____________________________________________
Telephone: _________________________________________
Address: ___________________________________________________
Fax Number: ________________________________________
City, State, Zip: _____________________________________________
Alt. Phone: __________________________________________
E-mail Address: _______________________________________________________________________________________
This Reservation & Mare Approved: Ryun Livestock, 283 Rough Rider Road, Grassy Butte, ND 58634
By: _________________________________________________ Date: __________________
Please Make Sure to Include Enclosure 1 with Signed Breeding Contract & Booking Fee!
Owned By:
Ryun Livestock
283 Rough Rider Road
Grassy Butte, ND 58634
Phone: 701-863-7986
E-mail: info@ryunlivestock.com
Standing At:
High Plains Genetics
Ty Hendrix, Stallion Manager
13171 High Plains Pl.
Piedmont, SD 57769
Phone: 605-787-4808
Ryun Livestock • 283 Rough Rider Road • Grassy Butte, North Dakota • 58634 • 701-863-7986 • info@ryunlivestock.com
Stallion Service Agreement & Liability Release
Enclosure 1
Shipping Information
Shipping Information Form
Name of Mare: ________________________________________________________________________________
Breed Association/Registration Number: ____________________________________________________________
Mare Owner’s Name: ___________________________________________________________________________
Shipping Address: ______________________________________________________________________________
(No P.O. Box must be street address or rural address) ___________________________________________________________
_____________________________________________________________________________________________
Person Receiving Shipment Name: _________________________________________________________________
Phone Number: (include area code)____________________________________________________________________
Fax Number: (include area code)______________________________________________________________________
Unless otherwise specified, Fed-Ex Overnight Delivery will be used to deliver semen shipments. If you have your own Fed-Ex
Account and wish to be billed directly, fill in the following:
Fed- Ex Account No: ___________________________________________________________________________
Account Name: _______________________________________________________________________________
If you do desire an alternate method of shipment, please specify below and furnish any additional information that would be useful in
serving your delivery needs (i.e., nearest airport, etc.).
Requested Alternate Method: _____________________________________________________________________
Additional Information: _________________________________________________________________________
Ryun Livestock • 283 Rough Rider Road • Grassy Butte, North Dakota • 58634 • 701-863-7986 • info@ryunlivestock.com
Stallion Service Agreement & Liability Release
Enclosure 2
Procedures for Using Cooled Semen
1.
Do not open container until you are ready to inseminate the mare.
2.
Remove semen from the packaging and inseminate the mare immediately. Do not warm semen before inseminating.
3.
If you wish to evaluate the semen, keep a small sample in an incubator for 10-15 minutes before evaluation. Do not warm
the sample in a water bath or microwave. Your input as to semen quality is appreciated.
4.
Upon availability, two insemination doses will be provided in case your mare ovulates later than expected. Use one dose
immediately. The second dose should be put in a refrigerator for use the following day. The refrigerator should be kept at 40
degrees F, 5 degrees C. The Equitainer will not keep the second dose cool enough once it has been opened.
REMEMBER: Rapid variation in temperature adversely affects semen quality. Please handle quickly and carefully.
5.
Put coolant cans, thermal cup, and semen cup back into the Equitainer and ship it back to us without delay.
NOTICE: In the Equitainer, with your shipment, are important forms. Please insure that you fill them out correctly and mail
them to the proper party as SOON AS POSSIBLE to avoid penalty charges!
If you have any questions or concerns please call.
Standing At:
High Plains Genetics
Owned By:
Ryun Livestock
Ty Hendrix, Stallion Manager
13171 High Plains Pl.
Piedmont, SD 57769
Phone: 605-787-4808
283 Rough Rider Road
Grassy Butte, ND 58634
Phone: 701.863.7986
E-mail: info@ryunlivestock.com
Ryun Livestock • 283 Rough Rider Road • Grassy Butte, North Dakota • 58634 • 701-863-7986 • info@ryunlivestock.com