THIS AGREEMENT, made and entered into this __________ (day) of
____________(month) in the year of 20____ by and between _____________________
(hereinafter referred to as “Mare owner”) residing at _____________________________
And Sand Bar Farms, Mike Lowery (hereinafter referred to as “Owner of Stallion or Stud
Farm”) located at 1 Williamson Lane, Foxworth, MS 39483.
WITNESS WHEREAS, Owner of Stallion warrants that it is the legal owner of (Name of
Stallion) _____________________________________ and, WHEREAS, Mare Owner warrants that it is the legal owner of (Name of Mare) _________________________.
NOW THEREFORE, for good and valuable consideration, receipt of which the parties
Hereby acknowledge, the parties AGREE AS FOLLOWS:
Mare Owner shall pay to Owner of Stallion a fee in the amount of $____________
(hereinafter referred to as stud fee).
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 accompanying foal.
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)________________ Minimum number of turn-outs per day 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.
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 moths; and, c.
Mare owner agrees to provide in writing any particular known health risks/ circumstances which may be relevant to the care of its mare and/or accompanying foal during the period of the performance of this contract. d.
Mare must be halter broke and manageable and the hind shoes must be removed prior to the Mare’s arrival at Sand Bar Farms. In the event Mare attempts to kick stallion or jack ass during breeding, suitable restraints will be utilized. If breeding cannot be accomplished safely, the Mare will not be bred. e.
Breeder agrees to diligently try to settle Mare and shall have sole discretion in determining the best method of breeding such Mare. If, however, such Mare does not settle, Breeder shall be held harmless. f.
Breeder will exercise judgement consistent with recognized standards in care and supervision of mare and/or accompanying foal. Breeder assumes responsibility for normal breeding conditions and administration of medical care as deemed necessary for the health and safety of the Mare and/or accompanying foal. All veterinarian and farrier expenses will be paid by Mare Owner. g.
The Breeder shall not be liable for injury, sickness or death of Mare and/or
accompanying foal, regardless of how it may occur.
To wit:
LIABILITY
Mare Owner agrees to assume all risk of injury, escape, 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, 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 Sand Bar Farms premises. Mare Owner further agrees it has received and agrees to follow, and agrees to direct its agents, employees, or guests on
Sand Bar Farms premises to follow any Sand Bar Farms rules and Regulations for conduct on its premises. ______________ (Mare Owner Initials)
INDEMNIFICATION
Mare Owner agrees to indemnity and hold Sand Bar Farms and Mike Lowery harmless for any loss or injury due to acts of said mare while on the premises of or under the control of Sand Bar Farms or Mike Lowery, except where caused the by negligence of
Sand Bar Farms, Mike Lowery, its agents, officers, contractors or employees.
IN EVENT MARE DOES NOT TAKE AND BECOME IN-FOAL a) In the event that that the mare does not become pregnant from this mating, Sand
Bar Farms and Mike Lowery agrees to breed said mare again with the next 60 days at Sand Bar Farms facility, providing proper notification is given. Mare owner will be subject to additional mare care, plus any increases in breeding fee. b) There is no color guarantee. There is no gait guarantee. c) In the event the stallion or jack ass is not able to re-service said mare, owner of stallion may substitute another stallion at Mare Owners option. d) 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. e) Under no circumstances will there be a refund of money to the mare owner.
AGREED:
Sand Bar Farms (breeder)
By: _______________________________
Mike Lowery
Date: ______________________________
Mare Owner
__________________________________
Date: _____________________________
Please print name, address and telephone number of mare owner.
________________________________________________________________________
The following information must be completed and furnished to breeder at the time the contract is signed.
A.
Mare Information
Name ______________________________________ Breed ______________
Color/Pattern_____________ Foaling Date ____________ Reg. No. __________
Foal at Side: Yes ______ No ______
If yes, foal’s name ___________________________ Foaling Date ___________
B.
Owner Information
Name of Mare Owner ______________________________________________
Address _________________________________________________________
City _____________________________ State ________ Zip ______________
Telephone (home) ____________________________________
Telephone (cell) ______________________________________
E-Mail ______________________________________________
Emergency contact _____________________________ Phone ______________
C.
Veterinary Information
Name ___________________________________________________________
Address _________________________________________________________
City __________________________ State _________ Zip _____________
Telephone _____________________________ E-mail _____________________
Emergency contact ____________________________ Phone ________________
D.
Emergency Medical Consent
In the event of an injury or emergency illness to the Mare and/or accompanying foal, Sand Bar Farms and Mike Lowery will make every effort to contact Mare
Owner or the veterinarian listed above. If said veterinarian is unavailable, Sand
Bar Farms will provide veterinarian care at the Mare Owner’s expense. Mare
Owner will be responsible for payment of any emergency medical services required for Mare and/or accompanying foal. Please make sure you have indicated the name and phone number of your veterinarian in the space provided above. Please sign below to indicate your consent to seek emergency medical treatment for your Mare and/or accompanying foal and that you will be responsible for payment of all said medical services.
Date _____________________ Signature ______________________________