shipped semen breeding contract

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Teddy, Tarrin, Jaedon,

TNT Quarter Horses, LLC

512-446-2004 and Dawson Warren 487 CR 381 512-269-9270

Stan Streubel

Bellingham, WA

Rockdale, Texas 76567

tnt_farms@c-3computer.com

http://www.tntfarmsqtrhorses.com

wwtinkastoy@yahoo.com

SHIPPED SEMEN BREEDING CONTRACT

This agreement is made on this _____ day of ________________, 20__, between TNT Quarter Horses, LLC and the

Cooke County Partnership, hereinafter referred to as “farm”, and __________________________, hereinafter referred to as “owner of mare”.

1. FEES: a.

In consideration of $1500.00 ($1250.00 for 2-3 mares $1000.00 for 4 to 5 mares) plus a non – refundable chute fee of $500.00, farm agrees to breed their stallion, Cooke County ETC #3088583, to_______________________ registration#_________________ a mare owned by

__________________________________. Chute fee is due at contract signing. Breeding fee is due ½ at contract signing with remainder 10 days prior to shipment for shipped semen.

b.

Collection and Shipping fees: The first two collections and shipments will be included in the chute fee.

Additional shipments will be charged at $110.00 for shipment. Additional collections will be charged at

$100.00 + shipping. These fees must be paid 10 days before shipment is sent.

c.

Veterinary Expenses: All veterinary fees are the responsibility of the mare owner. Mare must be checked at

18 and 35 days after breeding for Live Foal Guarantee to be valid. d.

Misc Fees: Mare owner is responsible for all fees relating to mare for any reason. These fees may include but are not limited to vaccinations, supplements, veterinary expenses, medications, etc. e.

All unpaid fees are subject to annual interest of 18% plus late fees, and returned check fees.

Shipped Semen Agreement

1.

The mare owner or representative must notify TNT Quarter Horses, LLC when the mare comes into heat.

2.

TNT Quarter Horses, LLC collects and ships semen MONDAYS, WEDNESDAYS, and FRIDAYS. The mare owner MUST give TNT Quarter Horses, LLC minimum of twenty-four (24) hours notice when semen is needed.

3.

It is recommended that the breeding be done at a qualified breeding facility or under strict supervision of an approved veterinarian/breeding center. Please follow the procedures for using cooled semen.

Procedures for Using Shipped Cooled Semen:

Do not open container until you are ready to inseminate the mare.

Remove semen from packaging and inseminate the mare immediately. Do not warm semen before inseminating.

If you wish to evaluate the semen motility, make three slides and place them in an incubator while you inseminate the mare. Evaluate the motility of slides individually over a 15-minute period. Do not warm the sample in a water bath or microwave. Your input as to semen quality is appreciated.

Rapid variation in temperature adversely affects semen quality. Please handle quickly and carefully.

Put coolant cans/freezer packs, thermal cup, ballast bags, and semen cup with lid back into container and ship back to us immediately.

Along with semen container, your shipment contains important forms. Please make sure they are completed and mailed to the proper parties as soon as possible. If you have questions please feel free to contact us.

2. Limited Guarantees:

There are no warranties which extend beyond the description on the face hereof. Breedings are done on mares “as is” and are subject to all faults of mares, stallions, semen and ordinary faults of the trade. In particular breeder makes no warranties of fitness for a particular purpose. a.

Live Foal Guarantee (LFG) In event the mare does not become in foal or does not deliver a live foal*, farm agrees to rebreed mare for the chute fee of $500.00 per year, in addition to any additional expenses listed in this contract, for up to 2 years or 6 heat cycles/shipments, whichever comes first, following the original contract year providing all contract provisions have been followed and met. If after three attempts the mare fails to become in foal, she must have a diagnostic evaluation at the mare owner’s expense to determine her suitability for breeding. If she is deemed unsuitable for breeding a substitute mare may be used. Finding the mare unsound for breeding does not constitute a refund of any fees. Live foal guarantees are not transferable or nonassignable and should the mare be sold or otherwise disposed of prior to the birth of the foal, the live

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Farm Rep Initials Mare Owner Initials

foal guarantee will be void. If the said stallion should be sold, the live foal guarantee and all terms and conditions for the farm will transfer to the new owner. Mare owners must booster mares with pneumobort vaccinations per veterinary guidelines. Mare owner must ultrasound mare at 18 and 35 days after the last breeding attempt to check for pregnancy. Live foal guarantee will be void if all expenses, shipping, breeding fee, etc are not paid in foal as described in this contract. All unpaid fees are subject to annual interest of 18% plus late fees, and returned check fees.

* Live Foal – standing and nursing for a period of 24 hours post birth (does not include accidents). Owner must submit to the farm within 7 days a written statement from a veterinarian stating date, time and cause of death.

Farm has the right to a second opinion at farm’s expense. b.

Substitute Mare – If prior to breeding of said mare or after the mare has been bred and does not become in foal, said mare dies or becomes unfit for breeding mare owner has no right to refund, but may use one substitute mare for the remaining breeding attempts. To designate a substitute mare owner must provide documentation to the Farm that the original mare is not in foal. Said substitute mare shall be designated in writing and signed by farm and mare owner. Said substitute mare shall be subject to all terms and conditions of original contract. Once a substitute mare is designated, only a foal resulting from the substitute mare will be eligible for registration and a breeder’s certificate. c.

Stallion – If the stallion dies or becomes unfit for breeding after the mare has been bred and been checked to be in foal, the mare owner will have the option of using frozen semen. If there is not frozen semen available the unused breeding fee will be refunded as described below. If the mare has been bred and has not settled and has never been determined to be in foal there will be a refund of 90% of the breeding fee. If the mare has been bred and determined to be in foal, but does not deliver a live foal (as described in the LFG) 70% of the breeding fee will be refunded. If the breeding fee has been paid and the mare has not been exposed to the stallion there will be a refund of 100% of the breeding fee. There will be no refund under, any circumstance, on the chute fee or any expenses incurred for care of the mare, shipping of semen, veterinary expenses etc.

Should the stallion die or become unfit for breeding the live foal guarantee is terminated and no monies will be refunded to the mare owner except as described above. The mare owner will also have the option to use another stallion owned by the farm. If the breeding fee is more expensive the mare owner will be responsible for the difference. If the breeding fee is less expensive the mare owner will receive a refund on the difference. Mare owner is responsible for shipping expenses on frozen semen.

3. Health Requirements a.

Owner of Mare warrants that said mare is free from disease or infection that could be transmitted to unborn foal, and agrees to pay for a veterinary certificate, showing such freedom from disease or infection if requested by the farm. b.

A photocopy of registration papers must accompany contract to the farm or pay any fees associated with the farm obtaining these records and or tests. Farm reserves the right to refuse any mare that does not have required documentation or is not in proper condition. c.

Owner of mare agrees to pay for any cost associated with administering required vaccines. Owner of mare agrees to maintain veterinary care and vaccines during pregnancy and must provide record of such in order for live foal guarantee to be valid. d.

Mare owner must provide written documentation from mare owner’s veterinarian that mare was checked in foal as determined by the guidelines in this contract or the live foal guarantee will be void. If for any reason the mare does not settle the mare owner will hold the farm harmless. The above applies to the normal breeding season of February 1 st to July 31 st . Mare owner agrees that hormone therapy may be used to help settle the mare or help regulate heat cycles and ovulation. Mare owner assumes all risks associated with these therapies. e.

All veterinary fees will be the responsibility of the mare owner.

4. Breeders Certificate

A breeders certificate will be issued for the foal conceived by this breeding when mare produces a live foal. Mare owner is responsible for contacting farm with news of the birth of the foal resulting from this breeding. If there are any unpaid expenses of fees the breeders certificate will not be issued until the fees have been paid in full with any interest and penalties. Farm agrees to execute all necessary documents for the registration of the offspring of the breeding in accordance with AQHA, APHA, or another registry requested by mare owner and agreed upon by farm.

5. Liability and Indemnification

Owner of mare agrees to indemnify and hold farm or any person associated with farm harmless for any loss, injury, death, illness, and or accident including consequential damages to the mare and/or foal. The mare owner is not liable for the death or accident caused to the stallion by said mare.

TNT Quarter Horses, LLC and the Cooke County Partnership hold no insurance for all damages/all injuries/ all

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Farm Rep Initials Mare Owner Initials

illnesses/death of horses or participants. All participants enter the property at their own risk. The owner shall bear all risk of loss from the death or any harm to said horse or participants caused by said horse on or off the premises of TNT Quarter Horses, LLC. Under Texas law (chapter 87, civil practice and remedies code), an equine professional is not responsible for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities. For the purpose of this contract ANY PERSON on the premises of

TNT Quarter Horses, LLC or associated with TNT Quarter Horses, LLC or the Cooke County Partnership off the premises is REGARDED AS A PARTICIPANT. The owner of said horse takes full responsibility for informing any persons which they bring to the premises of TNT Quarter Horses, LLC of the dangers associated with being an equine participant, including death, at TNT Quarter Horses, LLC and with any persons or animals associated with TNT Quarter Horses, LLC and the Cooke County Partnership. The owner takes full responsibility for all injuries to participants that they bring onto the premises of TNT Quarter Horses, LLC. TNT Quarter Horses, LLC takes no responsibility for any injuries or any damages the owner’s horse causes to participants or participant properties while on or off the premises or in the care of the farms. All participants agree that TNT Quarter Horses,

LLC and the Cooke County Partnership are not to be held responsible for any damages or injuries of any kind, caused by any animal, to persons or property on or off the premises of TNT Quarter Horses, LLC. TNT Quarter

Horses, LLC and the Cooke County Partnership are not responsible for any injuries or any illnesses, including death, to said horse while in the care or on or off the premises of the farm. Owner is responsible for all vet bills and all injuries or illnesses, including death, of said horse. All participants agree and realize the severity of injuries and damages caused by animals including but not limited to death, paralysis, head injuries, broken bones, etc. There are no warranties or guarantees expressed or implied.

6. Right of Lien

Farm has the right of lien for the amount due for breeding and any additional services and shall have the right, without process of law, to retain breeders certificate for said mare’s foal until the indebtedness is satisfactorily paid in full.

7. Termination

Either party may terminate this agreement. In the event of a default the wronged party has the right to recover attorney’s fees and court costs, resulting from this failure of either party to meet a material term of this agreement.

8. Governing Law

The parties acknowledge that this agreement is made within the state of Texas and shall be construed and enforced under the law of the Sate of Texas.

9. Entire Agreement

This constitutes the entire agreement between parties. Any modifications or additions MUST be in writing and signed and/or initialed by both parties to this agreement. No Oral modifications or additions will be considered to be part of this agreement unless reduced to writing and signed and/or initialed by all parties.

Mare Owner signature as listed on registration or lease certificate:

________________________________________________________

Date: ________________________

Address: _________________________________________________

_________________________________________________________

Phone Numbers: ___________________________________________

Email: ___________________________________________________

Farm Representative Signature: _______________________________

Date: _________________

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Farm Rep Initials Mare Owner Initials

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Farm Rep Initials Mare Owner Initials

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