WINDFALL, LLC
c/o Timothy Holekamp
500 Keene Street
Suite 102
Columbia, MO 65201
573 442 0442
e-mail: holekamp@aol.com
www.newspringfarm.com
WINDFALL SPECIAL FROZEN SEMEN AGREEMENT, for use only for the ATA
2013 Stallion Service Auction, the winning bid payable to the ATA.
The mare owner, whose signature appears below, hereby agrees to breed the mare described
below:
Mare's name______________________________________________,
Breed_________________________________Year of Birth__________,
Sire____________________________________________________,
Dam___________________________________________________,
Dam's sire______________________________________________,
Registration Number______________________________________,
Color and Markings______________________________________,
To the Stallion Windfall - ATA Registration Number OSB-E-S353,
Lebensnummer DE 309 090904292, Accepted Hanoverian Elite Stallion
October 18, 2004. Accepted by Westphalian Studbook for Westphalian branded mares,
September 9, 2004. Informally accepted by SWANA and Irish Horse Board, 2004.
In the 2013 or later season, subject to the following
TERMS AND CONDITIONS
1. The service fee for this breeding shall be determined by means of the ATA SSA
Auction and will be paid directly to the American Trakehner Association. No frozen semen
will be shipped until ATA notifies Windfall, LLC of full payment received.
2.
The mare owner warrants that the mare is in sound breeding condition.
3. Windfall, LLC, its owners, employees, and agents make no warranty of production
of a live foal, only that the supplied frozen semen is viable, defined as having at least 30%
progressive motility at the time of proper thawing. No other guarantee, implied or expressed is
made. Several previous SSA winners have produced foals with this same semen.
4. Registration (including all fees and paperwork associated with registration) of the
foal resulting from the breeding of the mare and stallion designated in this contract is the sole
responsibility of the mare owner. Windfall, LLC will provide the required breeding certificates
to the mare owner when notified that the mare has conceived and all fees due for shipment
paid.
5. Windfall, LLC agrees to authorize shipment of sufficient semen for a maximum of
three inseminations (total) of frozen semen stored at Peterson and Smith, Ocala, Florida. All
costs of shipment, including use of container, handling, shipment to and from mare owner, and
any other fees required by Peterson and Smith will be the sole responsibility of the mare owner
and not Windfall, LLC. Peterson and Smith will directly collect these charges from mare
owner and may do so prior to shipment of semen.
6.
Should the mare die or become unfit to be bred before she is serviced, then this
contract shall become void and without effect and any and all frozen semen shipped to mare
owner returned to Peterson and Smith at his/her expense, unless separate agreement is made
and signed by both parties.
7. This contract shall not be assigned nor transferred without the written consent of
Windfall, LLC.
8. This agreement is executed in duplicate and constitutes the entire agreement
between both parties involved and may not be modified except in writing signed by both
parties hereto. When the representative of Windfall, LLC signs and returns one copy of this
contract to the mare owner, it will then be binding on both parties, subject to the terms and
conditions in this contract.
9. All written notices required by this agreement shall be by First Class Mail to
Windfall, LLC at the address above or the mare owner at the address provided below,
whichever applies.
10. This contract shall be governed by, interpreted by, and enforced under the laws of
the State of Missouri. Any suit or action commenced by or against Windfall, LLC, its owners,
employees, or agents must be filed and heard in the County of Boone, State of Missouri. The
prevailing party shall be entitled to reasonable attorney's fees and costs of discovery.
11. For shipped semen breeding each breed association may require additional
paperwork and fees, as well as blood typing of the mare and foal, all of which are the
responsibility of the mare owner.
12.
The mare owner agrees to return the semen-shipping container, at mare owner's
expense, in good working order to Peterson and Smith within five (5) days of receiving the
container. For each day after that time that the container is not returned, Peterson and Smith
may charge the mare owner by the day whatever penalty they require.
13.
This breeding contract is for one pregnancy and delivery of one or two foals from
one mare by in utero conception.
14.
Windfall, LLC assumes responsibility only to authorize delivery of frozen semen
from Windfall in viable condition, as evidenced by progressive motility of at least 30% of the
spermatozoa at the time of thawing, to the destination designated to Peterson and Smith by the
mareowner . The mareowner assumes responsibility for handling, storage, and use of the
frozen semen after that point. Mareowner explicitly hereby agrees not to resell or give away
any portion of frozen semen supplied by Windfall, LLC, nor to use it on any mare other than
the one listed in this agreement.
15.
The mare owner agrees that a licensed veterinarian shall inseminate the mare with
the semen.
16. The mare owner agrees to 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 further agrees to hold Windfall,
LLC, its owners, employees, and agents harmless for any and all damages resulting therefrom.
OWNER OF MARE
Print name_____________________________________________________________
Signed________________________________________________________________
Date______________________________email:_______________________________
Address_______________________________________________________________
_____________________________________________________________________
Phone Numbers
Daytime____________________________________________
Evening____________________________________________
Cell phone__________________________________________
Windfall, LLC
c/o Timothy Holekamp
500 Keene Street / Suite 102, Columbia, MO 65201
By_______________________________________________________________________
for Windfall, LLC
(Please sign and return one copy of Contract to Windfall, LLC. A copy signed by us will be
returned to you.)