2016 ET Contract - Jehers Equine Reproduction Specialists

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JEH Equine Reproduction Services
Embryo Transfer Contract
Booking Fee: $500
Pregnancy Fee: $3,300.00
Donor Mare ______________________________
Registration # _____________________________
Year Foaled _______________________________
Breed ___________________________________
Recipient Board: $15.00/day
Breeding Location ___________________________
Stallion ___________________________________
Contact Person ______________________________
Contact # ___________________________________
THIS CONTRACT and agreement is entered into on this ________ day of _______________________________, 20___, by and between JEH Equine Reproduction
Services. (hereinafter “JEHERS”) and _______________________________________, (hereinafter “Owner”). Owner desires JEHERS to perform an embryo transfer
from named donor mare to a suitable recipient mare, and JEHERS agrees to perform such embryo transfer, upon the terms and conditions and for the consideration set
forth herein.
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This service is for the 20_____ breeding season, commencing February 1 and closing July 15.
JEHERS agrees to provide all reasonable necessary veterinary services to perform the transfer of one embryo from the donor mare to a recipient mare. The
Owner is responsible for the costs, including but not limited to, board, veterinary services, and farrier expenses associated with the donor mare. JEHERS is
responsible for the costs associated with the recipient mare until the recipient mare is pronounced in foal. Upon pregnancy confirmation, all charges
associated with the recipient mare become the sole responsibility of Owner.
Owner will communicate the donor mare’s BREED AND OVULATION DATES to JEHERS to secure a suitable recipient mare. Owner will notify JEHERS
the day breeding of donor mare commences and donor mare’s ovulation date, no later than the day of ovulation. JEHERS will provide recipient mares on
demand for scheduled donor mare flushes, unless conditions beyond their control make such efforts impractical or impossible, or Owner fails to
communicate ovulation and breeding dates timely as provided herein.
JEHERS will exercise the ordinary standard of care, generally accepted within the industry, in performing the transfer and caring for the donor mare.
As consideration for the services to be performed by JEHERS, Owner shall pay JEHERS the following agreed sums:
a) A non-refundable and non-transferable booking fee of $500.00 which is due and shall be payable at the time of the signing of this contract by
Owner;
b) The remaining balance, in the sum of $3,000.00, termed the pregnancy fee, shall be payable by Owner when the recipient mare has a fetal
heartbeat;
c) $350.00 per flush;
d) In the event multiple embryos are recovered in a single flush, JEHERS reserves the right to transfer all embryos. The Owner shall have the
option to accept or reject the second transfer at the time both recipient mares are determined to be fourteen (14) days safe in foal. If owner
opts to keep both in utero foals, an additional $500.00 non-refundable and non-transferable booking fee is due with a subsequent contract, as
well as the additional pregnancy fee of $2,500.00;
e) All reproductive services applicable to the recipient mare are included until a successful transfer has occurred (confirmation the recipient
mare is in foal). Once the pregnancy is confirmed fees associated with the recipient mare, including but not limited to, the fees for monitoring
and maintaining the pregnancy, are payable by the Owner;
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If after the embryo is present in the recipient mare, the recipient mare becomes ill and has to be transported to a veterinary hospital for
medical and/or surgical treatment, the owner of the embryo is responsible for the vet bill. All efforts will be made to reach the Owner prior to
treatment; and
g) Board of $15.00 per day for recipient mare shall begin when recipient pregnancy is confirmed and becomes the sole responsibility of Owner.
By execution of this document, Owner agrees to pay all embryo transfer costs, board, veterinarian fees, and courier fees as set forth herein above, and any
other special cost(s) incurred with the Owner’s approval.
It is the Owner’s responsibility to have the donor mare ultrasounded at 16-20 days post ovulation to insure against an unwanted pregnancy. It is the Owner’s
responsibility to terminate an unwanted pregnancy.
The Recipient mare will be released when JEHERS feels that the pregnancy is healthy enough to allow the recipient mare to be safely transported to its new
location without risking the pregnancy.
Although this contract is fully non-refundable, it does carry a Limited Live Foal Guarantee. If the recipient mare fails to produce a live foal or a foal that
does not stand and nurse, the Owner will have the option to do another embryo transfer the following year for an additional fee of $1,000.00.
This guarantee is subject to the following:
a) Foaling must be attended by a veterinarian, or qualified personnel, else the limited live foal guarantee becomes null and void with no right of
return;
b) A discontinuation of progesterone and/or estrogen supplements given to recipient mare must be approved by JEHERS else the limited live foal
guarantee becomes null and void with no right of return;
c) The Owner agrees to provide a written veterinary certification stating that a live foal (standing and nursing) was not obtained;
d) If recipient mare’s failure to carry to term was due to an Act of God, sub-quality care, management practices, and/or negligence on the part of
Owner or Owner’s agents, in JEHERS’ sole discretion, the limited live foal guarantee becomes null and void with no right of return; and
e) The recipient mare is to be returned to JEHERS in healthy condition.
Owner agrees that JEHERS makes no guarantees as to the success of the transfer, quality or confirmation of the resulting foal, or that the resulting foal will be
free of any infirmity, defect, disease, or inherited trait.
Owner agrees that JEHERS will not be responsible for any disease, accident, sickness or death of the donor mare, recipient mare and/or foal, and JEHERS
will exercise its judgment in supervising and caring for donor mare, recipient mare and/or foal. Any insurance desired on the donor mare, recipient
mare, and/or foal shall be the sole expense of the Owner.
Owner shall be responsible for complying with the applicable breed registry’s rules and regulations for registration of the foal by embryo transfer. JEHERS
will maintain the records of identification on both the donor and recipient mares to facilitate registration of the resulting foal by Owner. Owner shall provide
JEHERS with a copy of the donor mare’s current registration at the time of signing this Contract.
JEHERS reserves the right to refuse to perform a transfer based solely upon the professional judgment of the attending veterinarian, including the right to
discontinue transfer attempts or refuse to transfer any unsuitable embryo.
The recipient mare shall be returned upon the resulting foal being weaned, or December 1st of the following year, whichever occurs first. Owner shall return
recipient mare to JEHERS in Whitesboro, Texas, in sound health, with a negative coggins. If the recipient mare is not returned by December 1 st, Owner
agrees to pay JEHERS the sum of $1,500.00.
The recipient mare is NOT FOR SALE. In the event the recipient is not returned, Owner agrees to immediately tender $1,500.00 for the replacement
mare.
Owner shall be responsible for maintaining all normal and customary veterinary and farrier procedures to insure the proper and good health of recipient mare
and foal.
Owner will be responsible for all expenses of recipient mare in connection with normal and customary upkeep and maintenance during the time the recipient
mare is in Owner’s possession and care and as further provided herein.
JEHERS makes no representations, covenants or warranties, express or implied with respect to condition, merchantability, quality, suitability or fitness
of any particular purpose of the recipient mare. JEHERS is not liable for any damages caused by the use of the recipient mare by Owner. Owner agrees that
the recipient mare will not be ridden or used for any purpose other than to carry the in utero foal to term.
The obligations and undertakings of each of the parties to this Contract shall be governed by and construed in accordance with the laws of the State of Texas.
The parties agree that the proper venue for litigating any claims arising out of or incidental to this Contract shall be in Grayson County, Texas. Owner
agrees to pay all reasonable attorneys’ fees incurred by JEHERS in attempting to collect any outstanding balance due from Owner.
This Contract shall be binding upon and inure to the benefit of the heirs, successors and assigns of the respective parties hereto.
WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT
LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT
RISKS OF EQUINE ACTIVITIES.
This Contract contains the entire agreement between the parties with respect to the subject matter herein. Any oral representations or modifications
concerning this contract shall be of no force or effect unless contained in a subsequent writing, signed by the parties to be charged. Time is of the essence.
EXECUTED AND AGREED on the date as specified herein above of the respective signatures below.
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Owner’s Signature
Owner’s Address: ___________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Telephone:____________________________________________________________
E-mail:________________________________________________________________
Authorized Representative of JEH ERS
JEH Equine Reproduction Services
P.O. Box 650 / 1030 Roland Road
Whitesboro, Texas 76273
903.564.1630 Office 903.564.1710 Fax
jehss@aol.com
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