NIMBUS
BOOKING CONTRACT and AGREEMENT FOR SALE OF SEMEN
This agreement is for the 2005 Breeding Season made
and entered into by and between:
Heather Mason
Flying Change Farm
60 Sutton Rd.
Lebanon, NJ 08833
hereinafter designated as Stallion Owner, and
Stallion Owner hereby agrees to sell to the Mare Owner semen
from The Stallion at the sale price set forth and to guarantee a
live foal, all subject to the terms and conditions set forth below:
1. A veterinary certificate and current uterine culture, taken
when the Mare is in heat and submitted to a recognized
laboratory, showing the Mare to be in good breeding condition
and free of infection is a condition of the service.
2. All fees, charges, and transportation costs must be paid
before the delivery of the semen.
(Owner or Lessee of the Mare) Please Print
(Address)
All fees payable to Flying Change Farm, as follows:
A.
Payment of the $300.00 booking fee, which is nonrefundable, does hereby reserve for the Mare Owner one
booking, from 3/01/05 to 10/01/05, for the Sale of Fresh
Semen. The booking fee must be returned with this
contract or paid via credit card through the website:
WWW.FlyingChangeFarm.com
B.
The stud fee is $ ___________ and is due before the
delivery of semen.
(City/State/Zip Code)
(Phone)
hereinafter designated as Mare Owner.
This agreement covers: (Must be filled in completely.)
The Mare: ____________________________________
All fees payable to:
B.W. Furlong and Associates
101 Homestead Rd.
P.O. Box 16
Oldwick, NJ 08858.
Phone (908) 439-2821
Fax (908) 439-2691
Registration #: _____________ Breed: _____________
Sire of Mare: __________________________________
Dam of Mare: _________________________________
Date of Birth: ______________ Color: _____________
Credit Card number must be provided prior to collection
shipping.
C.
All Shipping fees will be charged directly to Mare
Owner.
D.
There is no fee for usage of the container, but late fees will
apply if the container is not returned immediately. A
Styrofoam container will be used unless The Equitainer is
specifically requested.
E.
The first collection is included in the Stud Fee; each
subsequent collection, if required, will be charged directly
to Mare Owner ($250/collection).
Identifying marks: ______________________________
and
The Stallion:
NIMBUS
Dutch Warmblood Stallion, 16H, Chestnut
1
3. The Mare must be examined by a licensed
veterinarian between 45 and 55 days after the last day
bred and The Stallion Owner notified of her pregnancy
status within 10 days after said examination or all
guarantees are null and void.
8. I understand that the Mare Owner shall assume all
responsibility for the condition of the Mare and shall bear
all risk of loss or damage to the Mare whether by death,
disease, injury, infection or otherwise, and by any cause
whatsoever, and therefore agrees to hold Stallion
Owner, its employees, agents, successors, and assigns
harmless for any and all damages associated therewith.
4. The Mare's completed Breeding Passport must be
signed by the attending Licensed Veterinarian,
notarized, and returned to The Stallion Owner within 10
days after the last 55 day examination of the year or all
guarantees are null and void.
9. This contract shall be interpreted in accordance with
the laws of The State of New Jersey and said laws shall
govern its validity and administration.
5. Should live transported semen be utilized, Stallion
Owner only assumes responsibility to ship semen in
viable condition, at the time of delivery, to the Mare
Owner's farm or other designated location. Stallion
Owner assumes no responsibility for loss of semen
viability or associated expenses due to any delay in
shipment, delay in airline schedules, or delay in courier
services, beyond our control. A Licensed Veterinarian
must administer the semen on the day of delivery or
stallion Owner shall be considered to have fulfilled the
contractual obligations and any guarantees shall
consequently not apply.
10. I understand that semen will only be collected on
Mondays, Tuesdays, Wednesdays, Thursdays and
Fridays. I also understand that notice must be given to
Stallion Owner and B.W.Furlong and Associates by 12
PM EST the day before the semen is to be collected.
6. It is understood and agreed that this contract
guarantees free return privileges for the same Mare, if
the Mare is examined by a Licensed Veterinarian and
found to be barren at 55 days from the date of the last
service; provided notice of same is sent to The Stallion
Owner, in the form of the Mare Identification Breeding
Passport, signed, notarized and returned to The Stallion
Owner by certified mail, return receipt requested, within
10 days of such examination. No rebreeding will be
considered prior to receipt of this passport by The
Stallion Owner. If after two full breeding seasons, the
Mare does not conceive, Stallion Owner shall have the
option of continuing breeding efforts with the same Mare
or a substitute Mare. If for any reason the Mare is
determined by a two Licensed Veterinarians to be
unable to conceive, the Mare Owner may substitute
another Mare by promptly notifying The Stallion Owner
by certified mail, return receipt requested.
13. Should The Stallion die, become unfit for service, be
sold, or unavailable due to prolonged competitive
events, the stud fee and/or booking fee paid will be
refunded. Mare Owner and Stallion Owner will also be
released from this agreement, thereby making null and
void this agreement.
11. I understand that during periods of greatest demand,
there may be days when semen availability is limited.
12. I understand that The Stallion may be competing
during the breeding season and there may be days
when semen is not available.
14. This agreement cannot be assigned or transferred
by the Mare Owner. In the event the Mare is sold or
otherwise changes ownership after having been bred by
semen from The Stallion, there shall be no right of return
under any circumstances.
15. The parties agree that the terms and conditions
stated herein set forth the entire agreement of the
parties.
Executed by Stallion Owner/Agent
7. Should the Mare not produce a live foal that stands
and sucks, the Mare Owner shall also be entitled to a
free return breeding if, and only if, The Stallion Owner is
notified by certified mail, return receipt requested, within
forty-eight hours of the foal's death. In addition, such
notice must be followed within 10 days by a written
statement of details by a Licensed Veterinarian, which
statement must be sent by certified mail, return receipt
requested, to The Stallion Owner. If such statement of
details is not received on a timely basis, the guarantee
provided herein becomes null and void. This clause is
also binding in case of abortion.
As of _______ 2005
By _______________________________________________
Executed by Mare Owner
As of _______ 2005
By _______________________________________________
RETURN WITH BOOKING FEE TO:
Heather Mason
Flying Change Farm
60 Sutton Rd.
Lebanon, NJ 08833
908-832-5279(Farm and Fax)
908-797-2634(Mobile)
Fcfnj@aol.com
2