CCAP Alpacas BREEDING CONTRACT This contract is for breeding services to be provided by CCAP Alpacas (the “Farm”) to __________________________ (“Owner”), owner of female (the”Dam”) described as: Name __________________________ D.O.B. _________________________ ARI # __________________________ Microchip # _____________________ Insured By ______________________ Location of Breedings(s), Magical Farms, Inc., Litchfield, OH The Parties agree as follows: 1. The Owner desires to have the Dam bred to The breeding fee shall include the first and second ultrasound and board until the female is initially confirmed pregnant at 60 days. After the female is confirmed pregnant, board will be charged at the rate of Five Dollars ($5.00) per day. Crias who accompany Dam will be charged board at the rate of Zero Dollars ($0.00) per day beginning on arrival. Owner is responsible for all medical bills for Dam and/or cria. 2. It is the Parties’ expectation that the Dam will be delivered to the Farm on or about _________, 20___. Owner is responsible for all transportation costs of the Dam to and from the Farm and to pick up the Dam upon notice by the Farm. Although not required to do so, the Farm may offer to transport the Dam to and from the Farm, and, in such a case, the Owner agrees that the Farm is not responsible for any harm that may come to the Dam, absent gross negligence by the Farm, during transportation. 3. The Owner represents that, to the best of his/her knowledge, the Dam is healthy and free of all disease, capable of reproduction, and that the Dam (and cria if applicable) are covered by full mortality and theft insurance. 4. Owner shall provide the Farm with the following information via fax or email PRIOR TO THE ARRIVAL of the Dam at the Farm: 1 o Complete medical records for Dam and cria, showing vaccinations and worming are current. o Breeding records for Dam. o Copy of ARI certificate for Dam. o Any information in the Owner’s possession of any known genetic defects in the Dam or any of her offspring. o Copy of BVDV test results signed by a veterinarian showing that all alpacas tested negative for BVDV with a PCR test. 5. The Owner shall provide written verification from their veterinarian that the alpacas arriving at the Farm have passed the following requirements: o Dam has no venereal disease. o Dam has had a pre-breeding speculum examination or ultrasound within the last 14 days that shows she is free of infection and vaginal discharge. Reproductive cultures are helpful, but not required. o Dam (and cria) is free of all infectious and communicable disease. o Dam (and cria) is parasite free shown by negative fecal test (within 14 days); fecal test must be done on a fresh, direct collect sample and be spun-down and centrifuged and read by the veterinarian. o Dam is sound, in good health, has a good body score for breeding, clear of hoof rot, sore mouth, abscesses and diseases identified and controlled by state law. o If this is a first time breeding for the female, the physical examination should ascertain that there is not a physical hindrance that would affect the breeding process and that the maiden is mature enough for breeding (minimum 15 months and 100 lbs.) o Dam (and cria) will be checked and declared clean and free of ticks (ears & body), mites and lice. o The Farm reserves the right to refuse to breed a female over 10 years of age. All alpacas will be quarantined upon arrival at the Farm until examined by our veterinarian. 6. The Owner shall make the following representations: For the Dam: o That she has received both a CD & T and Lepto injection within the last twelve months; if not she will receive the injection upon arrival at the Farm and Owner shall be charged. o Dam has tested negative for cryptospiridia and giardia o Dam has had Ivomec/Dectomax within the last 30 days o Dam has had Panacur/Safeguard within the last 30 days o Dam must have a microchip; if not, she will be microchipped by the Farm and Owner shall be charged. o Dam has not been exposed to any stud before arrival at the Farm. o Dam has no difficulty in conception or in retaining a fetus upon conception. 2 o Owner understands that their alpacas will be dewormed according to the Farm’s regular deworming schedule and that the Owner will be charged For the cria: o Cria must be at least one month old o Cria must have an IgG score of 800 or more o Cria must have had a CDT injection and booster o Cria must have had good post-birth weight gain o Cria must be nursing; we do not accept bottle babies o Cria must have tested negative for cryptosporidia and giardia If any of these representations are untrue, then the Farm can void the contract and funds paid will be refunded minus a $500.00 service fee. If there are health issues that the current cria is experiencing we would request that the Dam not be transported until her cria’s health issues have been resolved or the cria has been weaned. The Farm reserves the right to refuse delivery of Dam and cria if health issues arise during the transportation of the alpacas to the Farm. 7. In return for the breeding fee, the Farm will breed the Dam in such a manner and for such a length of time as the Farm deems sufficient. If the Owner should for any reason decide to remove the Dam from the farm prior to the successful breeding of the Dam, or should the female be determined not to be breedable because of physical problems or lack of maturity, the Farm will refund 50% of the breeding fee with the remainder of the fee to be retained by the Farm to cover breeding-related medical costs, board and vet fees. 8. During the breeding period, the Farm is given full discretion to manage breeding of the Dam to achieve pregnancy. The Farm reserves the right to require a veterinary reproductive examination should there be a problem getting the Dam bred, including medical laboratory tests by a reproduction specialist. The Owner of the Dam will be responsible to pay for all incurred costs. In addition, any emergency medical expenses or other non-routine expenses incurred and documented by the Farm will be charged to the Owner. 9. The Farm reserves the option to end the contract and refund or prorate any previously paid breeding fee if the Dam’s condition or behavior is likely to prevent successful breeding or is likely to cause disease, damage, distress, or disruption to other animals. If the Farm should terminate breeding efforts for any cause prior to the completion of the breeding period, the Farm will refund the breeding fee minus a $500.00 service fee. 10. The Farm provides the following breeding guarantees: a) A first ultrasound on the Dam will be provided on or about 30-45 days following the breeding period, and a second ultrasound at 60-75 days, at the Farm’s expense. Any 3 further pregnancy tests will be at the Owner’s expense and will be performed according to the Farm’s ultrasound testing schedule. b) If the Dam loses the fetus and is unable to rebreed, the Farm will provide a subsequent breeding with the same herdsire to another of the Owner’s females at no additional breeding fee. c) If the offspring of the Dam dies at birth or does not survive the first five (5) days after birth, the Farm will provide a subsequent breeding with the same herdsire to the Dam at no additional breeding fee providing timely notification by the Owner to the Farm. The live birth guarantee is satisfied if the offspring survives five (5) days after birth. d) If a rebreeding is required and the same herdsire is incapable of breeding or no longer on the Farm, the Farm will provide a breeding with another of the Farm’s available herdsires of the Owner’s choice. No refund will be given. 11. The Farm, using ordinary standards of care, accepts no responsibility for injury to, or death of the Dam or cria during breeding or boarding or for the death of the Dam during pregnancy or while giving birth. The Farm accepts no liability for loss of the fetus during pregnancy, a still birth or death of the cria immediately after birth. The Farm accepts no liability for birth defects, genetic defects or congenital abnormalities present at birth or developing at a later date. 12. Owners acknowledge that the Farm shall have a lien upon the alpacas to secure payment of all charges and monies that become due and owing pursuant to this contract and that the Farm will have the right to retain possession of alpacas until all charges are paid in full, or to sell alpacas, pursuant to the laws of the State of Ohio that pertain to enforce an agistor’s or liveryman’s lien rights. In addition to other rights, the Farm shall be entitled to reasonable attorney’s fees and costs of suit in any legal proceeding to collect any amounts due, or to enforce or foreclose any lien arising under this contract. In no event shall damages be awarded in any legal proceedings for Owner’s incidental or consequential damages of any kind, including, but not limited to, delay in performance, lost profits or lost production. 13. This contract cannot be assigned or transferred by Owner. In the event the female is sold or otherwise changes ownership, no return breeding, or guarantees are transferable to a new owner. 14. The Farm, their agents or employees, provide no guarantees or warranties beyond those expressly stated herein. The sole remedies of the Owner are those contained herein. No warranties have been made that the herdsire is in fact free from cosmetic, phenotypic, genetic, conformational, or aesthetic defects, or that the offspring of this breeding of Dam and herdsire shall be free of such defects. 4 15. By signing below, the Owner’s agree to release, discharge, indemnify and hold the Farm, its agents and employees, harmless from and against any and all claims of death and/or injury to their alpacas as a result of this breeding contract and the attendant boarding of the Dam (and any cria at her side). Owners represent that the Dam and cria are insured and that their sole remedy, in the event of loss to either Dam or cria, shall be to make claim against any insurance policy that they have acquired. If Owner fails to acquire insurance and hence act as their own self-insurer, they shall be deemed to have waived any claim against the Farm and its agents and employees. This agreement represents the entire agreement between the Farm and the Owner and supercedes all previous agreements. This agreement will be governed by the laws of the State of Ohio. Dated this __________ day of __________________, 20____. ______________________ CCAP Alpacas ______________________ OWNER ______________________ Phone number ______________________ Address ______________________ E-mail address ______________________ City, State, Zip ______________________ Phone number ______________________ E-mail address 5