456 Main Rd North, RD3, Otaki Ph:06 362-6995 mob:027 449-8938 Dated this ……………..day of ……………………………………………….. Between: Karyn McLachlan trading as Pied Piper Pony Stud (“the Stud”) And ….…………………………………………………………………..………………………………………………………………… ………………………………………………………………………………………………………………………………………… (name, address and phone) ("the Mare Owner") Stallion Details: My Moonlight Shadow ("the Stallion") Mare Details: ……………………………………………………………………("the Mare") Date of Arrival: ____ / ____ / ____ Service Fee: Stud Fee: __$500__________ Re-Breeding Fee: ___$150_________ Receipt No: ……………………………………………………………………… Agistments: Weekly $15 or $3 per day whichever the lesser Deposit Amount Paid: …………………………………………………. Date: ……../………./……… Balance Amount Due: …………………………………………………. Date: ……../………./……… (Prior to mare leaving property) Signed on Behalf of the Stud: ………………………………… Signed on Behalf of the Mare Owner: Name: …………………………………………………………………... ………………………………………………………………… Name: ……………………………………………………… Pied Piper Pony Stud 1 Contract Terms and Conditions 1. While “the Stud” undertakes to take due care with “the Mare”, “the Stud” accepts no responsibility for any injury etc. that may occur to “the Mare” while it is in the care of “the Stud”. Likewise the Stud makes no guarantee what so ever that “the Mare” will conceive after being served by the Stallion; 2. “The Stud” shall not be held responsible for loss, damage, injury, claim, demand, cost and expense (including legal expense) arising out of or connected with the use, stabling or actions for “the Mare” whether under control and supervision of “the Stud” or not. “The Stud” will not be responsible for any accident or injury to any person or animal who comes in contact with “the Mare”; 3. Where “the Stud” deems it necessary a veterinary surgeon may be called to “the Mare”. Any and all associated costs are the responsibility of “the Mare Owner” and will be paid within five days of being billed; 4. “The Mare Owner” undertakes to make all payments due under this agreement on the due date. “The Mare Owner” will not be entitled to the return of “the Mare” or any resulting offspring until all fees have been paid in full. Where payment of fees has not been made in full prior to the birth of the foal, ownership of the foal shall pass to “the Stud”; 5. Once “the Mare” has been served by the Stallion there will be no refund of any fees. A refund of the amount paid less a booking fee of ____________ Inclusive of GST will be made if requested prior to “the Mare” being served by “the Stallion”; 6. “The Mare Owner” must ensure that “the Mare” is in good health (eg. not overweight), has trimmed feet and has been wormed immediately before her delivery/arrival at “the Stud”. Worming and feet trimming carried out at “the Stud” (usually every 6-8 weeks) will be charged at the actual cost inclusive of GST and be billed to “the Mare Owner”; 7. Live Foal Guarantee One (1) return service is offered where: “the Mare” fails to conceive after one (1) visit to “the Stud”; any offspring of the mating fails to survive longer than forty eight (48) hours – A veterinary certificate is required; Conditions of Return Service: cannot be transferred to another Mare, Stallion or Owner/Lessee of “the Mare”; must be used in the same or next breeding season; if returned in same breeding season – no fee; if returned in next breeding season a $150 Inclusive of GST re-breeding/handling fee is payable; The Live Foal Guarantee is deemed void when: the foal dies due to neglect (eg. no foaling alarm on “the Mare”) or misadventure (eg. kicked by another horse); “the Mare” dies during/after foaling; any other Stallion has covered “the Mare” before the Return Service; Pied Piper Pony Stud 2 8. “The Stud” undertakes that “the Stallion” is their unconditional property; 9. “The Stud” undertakes to list “the Mare” on “the Stallion’s” Annual Breeding Returns. Note - No Stallion Service Certificate will be issued to “the Mare Owner” until all fees have been paid in full; 10. The parties to this agreement acknowledge that this is a civil contract and all laws pertaining to civil contracts apply including, but not limited to, the consumer Guarantees Act, the Fair Trading Act and contract law. Any breach of this contract may give rise to civil remedies. 11. Should “the Stallion” die, be leased or sold “the Mare Owner” shall be entitled to choose another Stallion owned by “the Stud” that has been advertised as standing at Public Stud. If the Service Fee for the replacement Stallion is different to the Service Fee already paid then “the Mare Owner” shall pay or be refunded the difference; 12. “The Stud” reserves the right to terminate this agreement at its sole discretion. In such cases the Service Fee will be refunded. 13. “The Stud” reserves the right to accept alterations to this agreement at its sole discretion; Signed on Behalf of “the Stud”: ………………………………………………………………………………………………………….. Name: ………………………………………………………………………………………………………………………………………………… Signed on Behalf of “the Mare Owner”: ……………………………………………………………………………………………… Name: ………………………………………………………………………………………………………………………………………………… I “the Mare owner” would like my mare scanned in foal at my expense. Yes / No Pied Piper Pony Stud 3