Brad and Casey Swain
P.O. Box 94 Van, TX 75790
903-590-0190
HORSE BREEDING CONTRACT
Shipped semen contract (Zan Parr Nic--only)
This certifies ________________________ herein referred to as Mare Owner, has engaged in one breeding to Zan
Parr Nic, for the _________ breeding season.
Expected breed date. The breeding season is from Feb 15-Jul 15. (circle one):
Feb
Mar
Apr 1-15
Apr 16-30
May 1-15
May 15-31
Jun 1-15
Jun 16-30
Jul 1-15
Brad Swain, owner of the above stallion, will herein be referred to as Breeder. This Service is engaged subject to the following:
2. A booking fee of $250.00 is payable with this contract and the balance of $350.00 + collection fees + shipping fees +
container deposit fees (if applicable) plus all unpaid expenses is due prior to release of semen to Mare Owner / shipping
company. Booking fees are non-refundable and apply to 2012.
Mare Name:________________________ Color: _______________ Year Foaled: ___________
Registry: AQHA
Registration Number: ____________ Owner’s Name (As it appears in AQHA): _______________________
Owner’s ID: ____________
1. All mares are subject to approval from the Breeder. The Breeder may state a reason or give no reason at all for the rejection.
In the event of a rejection, the booking fee will be returned to the Mare Owner. All HYPP positive and parrot mouthed mares
will be rejected.
Shipment is normally made via Federal Express or United Parcel Service. Shipments may be limited to certain days of the
week.
3. A legible photocopy of the mare’s papers must accompany this contract. Several photos of the mare are also appreciated for
record keeping.
4. The Mare Owner agrees that the mare offered for breeding is in sound breeding condition and free from infection or disease.
5. The Mare Owner agrees to adequately feed, worm and vaccinate the mare during the pregnancy. The Mare Owner is
expected to keep printed records of the vaccination and worming schedule of the mare and agrees to allow the Breeder and/or a
licensed veterinarian to inspect the records upon request. Mares in fescue areas MUST be taken off fescue a minimum of 6
weeks before their estimated foal date.
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6. The Mare Owner may not substitute a mare for another mare during the breeding season unless written permission is granted
by the Breeder. Substitution mares are subject to the same approval process as the original mare.
7. The Breeder represents the semen collected is of sufficient motility and morphology to accomplish pregnancy and that the
semen meets or exceeds industry standards when shipped. However, the Breeder does not guarantee a pregnancy and shall not be
held liable in the event the mare fails to become in foal. If semen is damaged or destroyed during shipment, Breeder will recollect at no charge if able.
8. If necessary, additional shipments of semen may be obtained by the Mare Owner and are subject to a $75 charge + collection
fees + shipping fees + container deposit fees plus all unpaid expenses due prior to the release of semen to the Mare Owner /
shipping company. A maximum of 2 shipments at the reduced rate is allowed. Afterwards, semen may be obtained at the rate of
the current breeding fee and after a contract is signed.
9. The Breeder is not responsible for any costs associated with inseminating the mare, including subsequent injuries, infections,
infertility, etc.
10. Live Foal Guarantee (LFG) – The Breeder guarantees a viable foal resulting from a pregnancy from the semen contracted
here, subject to the provisions above. The Breeder defines viable as the foal standing and nursing on its own within 24 hours.
The Mare Owner is expected to give reasonable assistance and medical attention as necessary to the foal upon its arrival. Foals
must be deceased in order to receive the LFG. Other considerations for re-breeds may be given under special circumstances and
are completely at the discretion of the Breeder.
11. If it is necessary to invoke the LFG, the Mare Owner must notify the Breeder within 72 hours of foal’s death or abortion and
will be subject to the fees associated with additional shipments as defined in entry 8.
12. This contract is not transferable or assignable.
13. This contract shall be construed and governed by the laws of the State of Texas. In the event it becomes necessary for the
Breeder to file a suit arising from this contract, it will be in Van Zandt County District Court, Canton, Tx. If any legal action is
used to enforce the terms of this contract, and if a judgment is found against the Mare Owner, the Breeder shall be entitled to
receive from the Mare Owner, the Breeder’s attorney fees, cost of discovery, filing fees, court fees, travel costs and
miscellaneous expenses surrounding the suit. If the Mare Owner files suit against the Breeder, in the event of dismissal, the Mare
Owner will be responsible for Breeder’s attorney fees, cost of discovery, filing fees, court fees, travel costs and miscellaneous
expenses surrounding the suit.
14. The breeder reserves the right to refund any booking fees in the event the stallion is unavailable or unable to be collected
and/or shipped.
15. The mare owner must contact the Breeder via telephone at (903)590-0190. A minimum of 48 hours in advance of collection.
16. An AQHA Breeders Certificate will be issued once all expenses have been paid by the Mare Owner and the mare deemed in
foal. A Transported Semen Certificate shall accompany each shipment and must be signed and returned to the AQHA within 15
days of insemination in order for the foal to be eligible for registration. Mare Owners are required by AQHA to Parent Verify
each shipped semen foal. If a borrowed container is used (permanent or disposable) the Mare Owner or Mare Owner’s
Veterinarian must follow return instructions in order to avoid additional charges.
17. Payment may be made via personal check payable to Brad Swain. Contact Breeder for Details.
18. Please sign 2 copies of this binding contract and return to:
Brad Swain (Dragging S Quarter Horses)
P.O. Box 94
Van, Tx 75790
www.draggingsquarterhorses.com
H: 903-590-0190 Fax: 903-962-7474
Email: brad@draggingsquarterhorses.com
Ship destination:
Contact Name:
Address:
Phone Number:
I, mare owner, accept the above agreement: __________________________________
date:___________________________
Owner/Agent _______________________________________________________________________
Address_____________________________________________________________________________
Home phone ________________________________________ work phone ___________________________________
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Cell phone __________________________________________
Brad and Casey Swain P.O. Box 94 Van, TX 75790
brad@draggingSquarterhorses.com
903-590-0190
Live cover contract
THIS AGREEMENT, made and entered into this ______ (day) of ______________ (month) in
the year of _____
By and between ______________________________ (hereinafter referred to as "Mare Owner")
residing at
____________________________ (address) ___________________________ (city)
__________ (state)
And _____________________________ (hereinafter referred to as "Owner of Stallion or Stud
Farm") located at
____________________________ (address) ___________________________ (city)
__________ (state)
WITNESS WHEREAS, Owner of Stallion warrants that it is the legal owner of
(Name of Stallion)_______________________________________ A ______ year old, (color)
_______________,
(breed) ______________________________________, Registration Number
_______________________;
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and, WHEREAS, Mare Owner warrants that it is the legal owner of
(Name of Mare) _____________________________________: described as a (color)
_______________,
foaled in the year of ________, by (Sire and Registration
Number)__________________________ ____________
and out of (Dam and Registration Number)_____________________________________
___________________,
due to foal ____________ (if applicable).
AND WHEREAS,
(Name of Stallion)__________________________________________ will stand at stud during
the________ (year) season at Owner of Stallion's Stud Farm, and the parties hereto desire to
contract for services of the Mare Owner one season's booking for ________ (year) to the
aforementioned stallion for the services of the mare named in paragraph 3 above.
NOW THEREFORE, for good and valuable consideration, receipt of which the parties hereby
acknowledge, the parties AGREE AS FOLLOWS:
Booking Fee
Upon payment of $________________ booking fee by Mare Owner to Owner of Stallion, which
shall be non-refundable whatsoever, Owner of Stallion does hereby agree to reserve for the Mare
Owner one season booking for the year ______ to (name of
Stallion)_____________________________ for the services of the mare.
Stud Fee
Mare Owner shall pay to Owner of Stallion a fee in the amount of $_____________, plus any
applicable sales tax, (hereinafter referred to as stud fee).
Mare Owner agrees to pay said _____________ stud fee on the dates and in the amounts set
forth immediately below:
Date: Amount:
__________________ ___________________
__________________ ___________________
__________________ ___________________
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The normal breeding season shall be defined as from February 1st until July 1st of the year
involved. Acceptance of any partial payment(s) due in this Agreement shall not be deemed any
waiver of prompt payment requirements hereunder, and subsequent payment dates shall remain
as set forth herein.
Boarding of Mare
Mare shall remain at the farm of the Owner of Stallion for a sufficient time (no more than two
cycles) to be pregnancy-checked, by a licensed Veterinarian, of Owner of Stallion choosing, after
having been bred.
a. Mare Owner shall be responsible for payment of boarding fees at the rate of $________ per
day for the keeping and ordinary care of the mare and/or foal.
b. Owner of Stallion agrees to provide the following for the boarding fees indicated:
(a) Feed:
__________________________ Hay (Hay Type, specify if applicable)
__________________________ Grain and Supplements (Feed Type, specify if applicable)
Feed requirements other than above: __________________________________________
__________________________________________
_____________ Number of Feedings Per Day
(b) Turn-Out
_____________ Minimum number of turn-outs per day during first and second trimesters.
(c) Stall
____________________________________________________
(Description of type of housing)
(d) The Owner of Stallion Shall ____ or Shall Not _____ provide reasonable grooming for said
mare; the fees for which Shall _____ or Shall Not _____ become part of and included in
aforesaid fees.
Furthermore, it is expressly understood and agreed that the boarding of said horse, as agreed to
herein, is not a personal service contract and accordingly, any services provided for hereunder
may be performed by Stud Farm / Owner of Stallion employees, officers, agents, and /or family
members.
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c. The balance of the breeding fee, ___________, plus any unpaid boarding and associated fees
and expenses shall be paid by the Mare Owner when the mare is picked up; provided, however,
Right of Lien herein below shall at all times apply insofar as monies owed Owner of Stallion.
d. Owner of Stallion agrees to execute all necessary documents of the registration of the
offspring of the breeding; provided, however, that said Breeder's Certificates will not be issued
until all fees and expenses incurred hereunder have been paid in full by Mare Owner.
Health and Other Requirements
Upon arrival, all mares shall be accompanied by:
a. Health certificate indicating current vaccination for equine influenza, strangles, tetanus, and
sleeping sickness; and,
b. A negative Coggins test within the previous 6 months; and,
c. A Veterinarian Certificate of Reproductive History.
d. Mares arriving at farm for breeding without these documents will receive a reproductive exam,
uterine cytology, and immunizations at the Mare Owners expense, by a licensed Veterinarian of
Owner of Stallion choosing.
e. All mares are placed on a regular de-worming program upon arrival; and any related
veterinarian expenses shall be paid by the Mare Owner;
f. Mare Owner agrees to allow Owner of Stallion/Stud Farm to have a qualified Veterinarian
check the mare for normal breeding conditions, and to perform such other veterinary services
that Stud Farm/Owner of Stallion may deem necessary for the proper treatment and protection of
the mare and/or foal at side. In the event Mare Owner fails to designate its Veterinarian, then
Owner of Stallion shall use the services of a licensed Veterinarian of its choice whose fees shall
be paid by Mare Owner;
g. Mare Owner is responsible for payment of all invoices for Veterinarian fees for services
provided to mare within 14 days after they become due and payable as invoiced, and shall be
billed and paid prior to the mare being picked up; and, Right of Lien herein below shall remain
applicable;
h. Mare Owner agrees to provide in writing any particular known health risks/circumstances
which may be relevant to the care of its mare during the period of the performance of this
contract.
Liability
Mare Owner agrees to assume all risk of injury, sickness, disease, theft or death to said mare
and/or foal at her side, except where caused by negligence of Owner of Stallion, his agents,
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officers, contractors or employees. This shall include, but is not limited to, any personal injury or
disability that may occur to Mare Owner, its agents, employees, or guests, while on Stud Farm
premises. Mare Owner further agrees it has received and agrees to follow, and agrees to direct its
agents, employees, or guests on Stud Farm premises to follow, any Stud Farm Rules and
Regulations for conduct on its premises. ________ (Mare Owner Initials)
Indemnification
Mare Owner agrees to indemnify and hold Owner of Stallion harmless for any loss or injury due
to acts of said mare while on the premises of or under the control of Owner of Stallion, except
where caused by the negligence of Owner of Stallion, its agents, officers, contractors or
employees.
Insurance
To protect against said loss or injury Mare Owner warrants that it has secured liability insurance
in the amount of $____________, for personal injury per accident; and $___________ per
injury; and, $____________property damage; and, further, will provide a Certificate of
Insurance naming Owner of Stallion as additional insured.
In Event Mare Does Not Take and Become In-Foal
In the event that Mare Owners mare does not take and become in-foal, the parties agree as
follows:
Return Breeding
a. In the event that a live foal, as defined below, does not result from this mating, Owner of
Stallion agrees to breed said mare again for _________ additional fee at any time prior to
__________; provided however, the stallion is able to service mares either for said mare or a
substitute, approved by Owner of Stallion.
Live Foal
For the purposes of this Agreement, a live foal shall be one that stands and nurses without
assistance, as in generally recognized in standard veterinary practice; and, which shall be
evidenced by a written statement from a licensed Veterinarian within one week from death.
Live Foal Guarantee
Owner of Stallion gives a live foal guarantee. In the event a live foal, as defined above, does not
result, Owner of Stallion will give a repeat breeding, as set forth herein below, if Stallion Owner
is notified within fourteen days that the foal did not stand and nurse, or that no live foal will be
produced from Mare Owners mare. Either statement must be under the signature of a licensed
Veterinarian.
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Provided further, Mare Owner agrees to furnish upon demand a licensed Veterinarian's
Certificate of Rhinopneumonitis vaccinations at 3, 5, 7, and 9 months of pregnancy, regular, 8
week de-wormings, nutrition adequacy and that the mare was kept off of fescue pasture or hay
within the 90 days prior to foaling.
If Stallion Unable to Re-Service
In the event the stallion is not able to re-service said mare, the Owner of Stallion may substitute
another stallion at Mare Owners option, or all monies paid by Mare Owner for the previous
service, not including booking fee, boarding fees and veterinarian expenses, shall be refunded to
Mare Owner.
Death or Unfitness of Stallion, Mare
If prior to the breeding of said mare or after the mare has been bred but not come in-foal, said
stallion or mare dies or becomes unfit for service, as declared in writing by a licensed
Veterinarian, in that event, this Agreement shall become null and void and all monies paid by
Mare Owner, not including booking fee, boarding fees, other expenses, and veterinarian
expenses, shall be refunded. _____________ (Initials of Parties)
Mare Owner shall have no right of a refund hereunder, but shall have the option of using the
following stallions of the Owner of Stallion at:
__________ The charges indicated
__________ Plus payment to Stallion Owner of an additional fee in the amount of: ________,
_______________________________________ Alternative Stallion #1
_______________________________________ Alternative Stallion #2
It being expressly understood by the all parties that, in the event of any re-breeding of mare, the
Mare Owner shall be responsible for any and all expenses involved or incurred in the reservicing of the Mare Owners mare, including but not limited to, boarding fees and expenses,
and veterinarian fees.
Assignment, Transfer
This Agreement shall not be assigned or transferred by either party hereto without the prior
written consent of the other party.
Failure to Deliver Mare on Rebreeding
If the mare is to be re-bred as provided for herein, and the Mare Owner fails to deliver her for
breeding the following year, then any and all fees paid shall not be refundable and this contract is
hereby cancelled.
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Default
Either party may terminate this Agreement for failure of the other party to meet any material
terms of this Agreement. In the case of a default by one party, the other party shall have the right
to recover mediation, arbitration, attorney fees and costs incurred as a result of said default.
Right of Lien
Owner of Stallion has and may assert and exercise a Right of Lien, as provided for in the laws of
the State of ___________________, for any amount due for the board and keep of the mare, and
also for any storage charges due hereunder, and Mare Owner further agrees Owner of Stallion
shall have the right, without process of law, to attach a lien to said mare after two months of
nonpayment or partial payment and Owner of Stallion can then sell mare to recover its loss.
Captions, Headings
Any captions or headings used in this Agreement are for descriptive purposes only and are not to
be considered terms of this Agreement.
Entire Agreement
This Agreement constitutes the entire Agreement between the parties. Any modifications or
additions must be in writing and signed by all parties to this Agreement. No oral modifications
will be considered part of this agreement unless reduced to writing and signed by all parties
before a notary.
Dated: ___________
Owner of Stallion _____________________________________ (Signature)
Address: _____________________________________________________
Mare Owner_________________________________________ (Signature)
Address: _____________________________________________________
Witness ____________________________________________ (Signature)
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