breeding and boarding contract

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BREEDING AND BOARDING CONTRACT
This contract is for services to be provided by, Derwydd Alpacas, operated by Jan &
Dale Davis, (the “Ranch”) 24485 Derwydd Way, Esparto CA 95627. To
_____________________, _____________________ Ranch, (the "Owner").
The Ranch either owns or manages several alpaca herdsires including Never Summer
American Iron, ARI 31890007 (the “Male”). The Owner is the owner of the following
female alpaca, which the Owner wishes to be bred to the Male:
1______________________ ARI#________ Anticipated Service Date___________
Breeding Fees: Subject to the terms of this contract, the Ranch has agreed to breed
the Male to said female for a fee donated to AOA (the “Breeding Fee”). The breeding
must take place within 18 months of the payment of the fee donated to the AOA and
must take place at Derwydd within the months of November 1st thru the end of May 31
while Iron is resident at Derwydd. In addition:
___
No crias at side under 2 months of age will be accepted at the ranch.
___
90 days post confirmed pregnancy, female and any cria at side is required to
be removed from the ranch.
___
Owner will be responsible for reimbursing the Ranch for all veterinary
expenses – the ultrasound test to confirm pregnancy is free.
Owner’s Representations: The Owner represents that, to the best of his/her
knowledge, each female alpaca is healthy and free of all disease, capable of
reproduction, and is covered by full-mortality insurance. The Owner further represents
that, except as disclosed in writing to the Ranch, each female alpaca has never had a
problem with obtaining or maintaining a pregnancy, has never had a problem birthing,
has never given birth to a stillborn cria or a cria with a congenital defect, and has no
family history of congenital defects. At the time of the Owner's delivery of the females
to the Ranch, the Owner shall provide each of the items marked below:
 Proof of current full mortality insurance for each female alpaca.
 Any material information in the Owner's possession concerning any prior health
problems, as well as the female’s any breeding attempts or exposure of her to
males up to 30 days before the scheduled breeding date.
 Weight of Dam and any cria at side.
 Owner shall provide the Ranch with a copy of ARI Certificate of said female.
 Owner shall give Ranch a copy of the Certificate of Veterinary Inspection, which
will have been completed within 30 days prior to arriving at the Ranch.
 Owner shall provide a written verification from their veterinarian that the alpacas
arriving at the Farm have passed requirements herein stated in a-h.
a. Dam has no venereal disease.
b. Dam is free of any vaginal discharge.
c. Dam has not been exposed to any stud for at least 30 days before her
arrival at the Ranch.
d. Dam is not pregnant.
e. Dam does not have an intact hymen.
f. Dam is free of all infectious and communicable diseases.
g. Dam and any cria at side is worm free shown by recent (within 20 days)
fecal test. Fecal test to include a minimum 45 minute float test for
Coccidia: "Eimeria macusaniensis” and test results listed on the Certificate
of Veterinary Inspection or copy of lab results attached to Certificate of
Veterinary Inspection.
h. Dam and any cria at side is BVDV PCR negative and test result listed on
the Certificate of Veterinary Inspection or copy of lab results attached to
Certificate of Veterinary Inspection.
Breeding Management: In return for the Breeding Fee, the Ranch will breed the
female alpacas to the Ranch’s herdsire in such a manner and for such frequency and
times as the Ranch deems sufficient to obtain a confirmed pregnancy. The Ranch
reserves the option to terminate this Agreement if any female’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 Ranch should terminate this Agreement for any
reason prior to the completion of the breeding, the Owner will need to negotiate with the
AOA for a refund the Breeding Fee in full with no further liability to the Ranch
The Ranch will provide each alpaca with the same day-to-day care and routine attention
that the Ranch provides to its own animals for so long as that alpaca is at the Ranch.
The care provided by the Ranch will be consistent with the level of care provided by like
facilities in the industry. If any concern for the health of any alpaca visiting the Ranch
should arise, the Ranch will attempt to notify and consult with the Owner about the
appropriate steps to be taken. Nonetheless, in case of emergency and/or the Ranch's
inability to contact the Owner, the Owner hereby authorizes the Ranch to use its best
judgment and agrees to reimburse the Ranch for all documented expenses incurred on
the Owner's behalf. In any event, it is expressly agreed that the Ranch is not an insurer
of the alpaca’s health and well-being, and will not be responsible for any harm that may
befall the alpaca absent gross negligence by the Ranch. The Owner agrees that his or
her sole remedy for any death or injury to any alpaca while it is in the care of the Ranch
is to seek reimbursement under the terms of his or her insurance policy.
The Owner grants the Ranch all necessary agistment and service lien rights in each
alpaca to secure the payment of all fees and expenses.
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Guarantees: The following guarantees are provided to the Owner expressly in
place of all other guarantees, oral, express or implied, including the warranties of
merchantability and fitness. Except for these guarantees, the Owner assumes all risk
inherent in the breeding process. Except as stated, in the event of a breach of one of
these guarantees, the Ranch’s obligation under these guarantees is limited to
conducting another breeding with the female alpaca at no further expense to the
Owner.
At any time, before or after this Agreement is executed and performed, the Ranch will,
at the Owner’s request, provide all available information about the quality and health of
the herdsire’s off-spring. Other than this disclosure and the following “live birth”
guarantees, the Ranch accepts no liability for congenital defects or other abnormalities
in the herdsire’s offspring.
The Ranch guarantees that an ultrasound test will establish that each female alpaca
has established a successful pregnancy with the Ranch’s herdsire. If each female
alpaca does not remain pregnant after payment of the Breeding Fee, the Ranch will
provide a subsequent breeding with the same herdsire at no additional Breeding
Fee under the same terms as imposed under this Agreement.
If the herdsire’s offspring of any of the females dies at birth or does not survive for
one month after birth, the Ranch will provide a subsequent breeding with the same
herdsire to the female at no additional Breeding Fee under the same terms as
imposed under this Agreement.
If any of the females lose the cria or fetus and becomes unable to conceive or dies
before or during birth, the Ranch will provide a subsequent breeding with the same
herdsire to another of the Owner’s females at no additional Breeding Fee under the
same terms as imposed under this Agreement.
If re-breeding is required and the same herdsire is incapable of or unavailable for
breeding, the Ranch will provide a breeding with another of the Ranch's herdsires of
the Owner’s choice at no additional Breeding Fee under the same terms as imposed
under this Agreement.
Arbitration of Any Disputes: If there is any disagreement over the obligations
imposed by this Agreement, it will be resolved by binding arbitration. Should the Alpaca
Owners Association establish any dispute resolution process in the future, the parties
agree to submit the dispute to AOA for resolution. Otherwise, unless the parties agree
to some other procedure, the dispute will be resolved under the guidance of the
American Arbitration Association’s commercial arbitration rules in California. A single
arbitrator will be chosen from a list of five qualified individuals proposed by the AAA.
For two rounds, the party initiating arbitration will strike one of the five proposed
arbitrators and then the responding party will then strike one proposed arbitrator from
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the list, until there is only one arbitrator left. The arbitrator will not have the authority to
grant an award of attorneys’ fees or punitive damages.
This agreement represents the entire agreement between the Ranch and the Owner
and supersedes all previous agreements. This agreement will be governed by the laws
of the State of California.
The Ranch: _____________________________
Date: ___________________
Owner: ___________________________________ Date: ___________________
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