Black Hills Alpaca Ranch
kdtlbarnes@hotmail.com
11997 W.Argyle Rd
Custer, SD 57730
605-673-3598
STUD SERVICE AND AGISTMENT CONTRACT
**This agreement is by and between Keith and/or Terrie Barnes (hereafter
referred to as Breeder), located at 11997 W Argyle Rd. Custer, SD 57730,
and (your name)____________________(hereafter referred to as Owner),
located at (your address)__________________________.
**THE PARTIES AGREE AS FOLLOWS:
1.
The alpaca stud Velvet Cappuccino #1242478 will service Owner’s
female:________________ARI#_____________beginning approximately
(date)____________.
2.
Breeding fee is $700.00 and is payable prior to breeding. The fee includes up to
90 days free board for female and cria at her side, while awaiting confirmation
of pregnancy. After the initial 90 days of free boarding, the fee will be $3.00
per day thereafter. (Including the female and cria at her side). The breeding
fee will be refunded if pregnancy cannot be confirmed.
3.
Should there be a problem getting female bred, the Breeder shall have a
veterinarian of Breeder’s choice administer a reproductive examination,
including medical laboratory tests at Owner’s expense, or at Owner’s option,
terminate the breeding contract and remove said female from Breeder’s
premises.
4.
During the time the Owner’s female is in the custody of Breeder, Breeder will
have absolute discretion to engage the services of a veterinarian of Breeder’s
choosing to attend to any emergency medical needs of Owner’s female and/or
any cria at her side. Owner will pay the costs.
5.
Breeder shall provide proof of pregnancy approximately 45 days after
conception; this proof will be in the form of an ultrasound or progesterone level
blood test performed by Breeder’s veterinarian.
6.
Breeder will provide Owner with a live birth guarantee for the breeding.
Breeder guarantees a live cria will be born to the Owner’s female as a result of
this stud service. The live birth guarantee is satisfied if cria survives 30 days
in a healthy condition. If owner claims that the guarantee has not been fulfilled,
Owner shall provide written proof of same and probable cause of death of cria
from a licensed veterinarian. If the female loses the fetus prior to delivery,
absorption, or miscarriage, Owner will provide Breeder with proof of such event
within 11 months of the end of the 60-day breeding period.
7.
If the conditions of paragraph #6 are fulfilled to show a live birth guarantee
has not been satisfied, the Owner’s remedy shall be rebreeding to Velvet
Cappuccino #1242478. Owner will bear transportation and boarding, associated
with rebreeding. Owner shall exercise rebreeding within 60 days of cria death
or knowledge of absorption or miscarriage, or within 11 months of the end of the
60-day breeding period, or rebreeding option shall be deemed to be waived by
non-use. Free agistment only applied during the initial service period for the
original female. If Velvet Cappuccino #1242478 is no longer available for
breeding, Breeder may substitute another stud (with $700.00 applied to other
stud fees), wholly owned by Breeder.
8.
If the initial breeding results in the birth of a male cria, Breeder will offer the
Owner an additional re-breeding of the same female (included in the original
$700.00 fee), in the hopes of having a female birth. The female will remain with
the Breeders for 60 days at no additional cost for agisting during that time.
The owner will keep their original male cria. If this birth results in a male birth
as well, there will not be a third attempt for a female birth.
9.
This contract cannot be assigned or transferred by the Owner. If the female is
sold or otherwise changes ownership, no return breedings or guarantees are
transferable to the new Owner.
10.
Owner represents that the female has no venereal disease, is free of any
evidence of any other infectious or communicable diseases, (that she has
birthed live cria before) and that to Owner’s knowledge, the female is free
from genetic, congenital, and /or conformational defects. Owner will provide
Breeder a photocopy of ARI, Inc., registration and a current health record when
female is delivered to Breeder. Owner authorizes Breeder to administer to
female, during her service period, any routine worming medications, and/or
vaccinations that are part of Breeder’s regular herd management.
11.
Breeder represents that Velvet Cappuccino #1242478 has no venereal disease,
is free of any evidence of any other infectious or communicable disease, and
that Velvet Cappuccino #1242478 is, to the best of Breeder’s knowledge, free
from genetic, congenital, and/or conformational defects. Breeder will provide a
photocopy of the ARI, Inc. registration to Owner alone prior to the end of the
initial breeding period referred to above. Breeder will not be held liable for any
genetic defects or congenital abnormalities present at birth or developing later.
12.
Owner agrees to release Breeder and its successors or assigns, its agents, and
employees from any and all claims, demands, and causes of action, or whatever
kind or nature, in connection with the care and or breeding of Owner’s alpaca.
Breeder shall not be liable for injury, illness, death, disability, theft, or astray
of Owner’s alpaca while at Breeder’s ranch; and Owner waives all claims for
damages resulting from the alpaca’s injury, illness, death, disability, theft, or
astray.
13.
Owner represents either that the female alpaca is insured with a full mortality
insurance policy or the Owner is acting as its own self-insurer, both as to
mortality, and also as to any injury, damage or any event causing a loss of value
of the female alpaca shall be to make claim against any insurance policy that
they have acquired. If owner fails to acquire such insurance and hence act as its
own self-insurer, they shall be deemed to have waived any claim against Breeder,
its agents, employees, successors, and assigns.
14.
If any dispute arises directly or indirectly out of this Agreement, both Owner
and Breeder agree to submit to non-binding mediation or arbitration prior to
filing a suit or action, each party paying their own attorney fees and one half of
the joint mediation or arbitration fees in that event. If a suit or action arises
directly or indirectly out of this agreement, the prevailing party shall be
entitled to recover from the losing party reasonable attorney fees to be set by
the court or courts in which the trial or appeal is heard.
15.
The laws of the State of South Dakota shall govern this Agreement and all the
rights of breeder and Owner under the Agreement. The forum for any litigation
concerning this Agreement will be heard by the courts of the county and State
in which the Breeder is located.
This Agreement is effective (date)_______________
Breeder: Black Hills Alpaca Ranch
Owner:_______________________
(Name)
__________________________
Keith Barnes
____________________________
(Date)
_________________________
Terrie Barnes