TP FARM 31503 Walnut Creek Dr. Magnolia, TX 77355 (281) 356-7156 BREEDING CONTRACT The mare owner whose signature appears below, agrees to breed the mare, _________________________________, by _____________________ out of __________________ by ______________________, Breed ________________________, Reg. No. _________, to the stallion, “Majo TP” in the 20___ season, subject to the following Terms and Conditions: TERMS AND CONDITIONS 1. The service fee for this breeding shall be $1500.00, to be paid as follows: a. A non-refundable booking fee of $250.00, due and payable upon the signing of this contract. b. The balance of $1250.00, due and payable before the first shipment of semen or first insemination of the mare. 2. If the mare is boarded at TP Farm, there shall be a per day charge of $9.00, with $3.00 additional if accompanied by a foal, due and payable at the end of each month. 3. The mare owner authorizes TP Farm to make all expenditures necessary to the routine and ordinary care of the mare and/or foal. In the event extraordinary or emergency care or other action is required, TP Farm agrees to make such attempts to contact the mare owner as may be reasonable under the circumstances. If the mare owner cannot be reached, TP Farm is authorized to take such action and make such expenditures as in its sole judgment appear necessary to ensure the continued health and safety of the mare and/or foal. All expenditures made in accordance with this paragraph shall be the sole obligation of the mare owner. 4. All accounts for board, keep, and expenditures must be paid before the mare and/or foal depart TP Farm. 5. The mare owner warrants that the mare and, if applicable, her foal, are free from transmissible disease or infection, and that the mare is in sound breeding condition when she arrives at TP Farm. The mare owner agrees to provide and pay for a current veterinary health certificate and Coggins Test of the mare and foal, and a clean uterine culture of the mare prior to the mare’s arrival at TP Farm. 6. TP Farm will exercise judgment in the care and supervision of the mare and her foal, but will not be responsible for accident, sickness, or death to either of both. 7. LIVE FOAL GUARANTEE: TP Farm, as agent for the stallion owner, will make a diligent effort to successfully breed the mare, and will work with the mare owner so far as is reasonable to achieve this goal. However, as breedings are occasionally unsuccessful despite the efforts of all concerned, the mare owner shall have the right to return breeding privileges for the same mare or another mare approved by TP Farm, or refund of the service fee only and solely as follows: where the mare has been serviced or attempts made to service her through at least three consecutive heat cycles in two successive years, but she has failed to produce a live foal which stands and nurses, the mare owner shall be entitled to a refund in the amount of $1250.00. 8. The mare owner shall perform all of his/her obligations under this contract, or all guarantees are null and void. Where the breeding is by transported semen, or the foal born at a location other that TP Farm, TP Farm reserves the right to require that a licensed veterinarian attests in writing to the times and circumstances of insemination and/or to the lack or viability of the foal as a condition to honoring the Live foal Guarantee. 9. Should the mare owner choose to remove the mare from TP Farm before she can be bred through three heat cycles and certified in foal by a veterinarian, or if the breeding is by transported semen, fail to have the mare inseminated through at least three heat cycles and certified in foal by a veterinarian, all unpaid fees and expenditures shall be immediately due and payable, and neither TP Farm not the stallion owner shall have any liability hereunder. 10. Should the above named stallion die, be sold by the owner, or become unfit for service before servicing the mare, or if the mare dies or becomes unfit to be bred before she is serviced, then this contract is and shall be null and void. At the time the mare is first serviced, or the first shipment of semen is sent, whichever is earlier, this paragraph shall become void and without effect. 11. This contract shall not be assigned or transferred, and in the event said mare is sold, the fee, if unpaid, shall be immediately due and payable, and whether paid or unpaid, no refund or return breeding shall be due under any circumstances. 12. This contract shall be governed by and enforced under the law of the State of Texas. THE FOLLOWING TERMS AND CONDITIONS SHALL ADDITIONALLY APPLY ONLY WHERE THE BREEDING IS TO BE ACCOMPLISHED BY TRANSPORTED SEMEN 13. FEES a. A deposit of $300.00 for the use of the insulated container shall be paid to TP Farm prior to the first shipment of semen. This container deposit will be refunded only after all containers have been returned to TP Farm and the mare is verified in foal in writing by the veterinarian. b. A deposit of $500.00 for collecting and shipping fees shall be paid to TP Farm prior to the first shipment of semen. This shipping deposit covers two shipments via FedEx or UPS, (including collection fees). For mares to be bred on the farm, all veterinary fees must be paid before the mare leaves the farm. TOTAL DUE BEFORE ANY SHIPMENTS (service fee + container deposit + shipping deposit) $2300.00 14.The mare owner agrees to provide a current negative uterine culture before the first shipment of semen. 15. The mare owner agrees to 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 further agrees to hold TP Farm, its agents, employees, and stallion owner harmless for any and all damages resulting there from. 16. TP Farm assumes responsibility only to deliver live semen in viable condition to the destination designated below. The mare owner assumes responsibility for the transport of the semen from said destination to the place of insemination. 17. The mare owner agrees that a licensed veterinarian shall inseminate the mare with the semen no more than 12 hours after its arrival at the destination, and in the event this is not done, both TP Farm and the stallion owner shall be deemed to have fulfilled their contractual obligations under this contract and all guarantees shall be null and void. 18. The mare owner agrees to notify TP Farm immediately if there is a problem with the semen shipment. 19. The mare owner agrees to return “Equitaners” to TP Farm via Next Day Air at the mare owner’s expense. The mare owner agrees that any parts of the container which are not returned will be replace using the deposit for the container. 20. The mare owner agrees to have the mare examined by a licensed veterinarian between 40 and 50 days after the last day bred, and to notify TP Farm of the status of her pregnancy or all guarantees are null and void. DESIGNATED DESTINATION VETERINARIAN __________________________________ Address____________________________ __________________________________ Phone_____________________________ OWNER OF STALLION (OR AGENT) OWNER OF MARE Signed__________________________ Date____________________________ TP Farm By_____________________________ Signed____________________________ Date______________________________ Address___________________________ _________________________________ Phone____________________________