![]() A California CMK Breeding Program Since 1965 Pegasus Park (951) 719-5111 Marci de la Torre, Owner Transported Semen Stallion Service Contract
This contract is made on _____________. 2006, between Marci de la Torre, d.b.a. PEGASUS PARK, hereafter referred to as STALLION OWNER, and ____________________________, owner of the above-mentioned mare, and hereafter described as Mare Owner. This contract is for the purpose of breeding the stallion _________________, Reg. #________________ to the following mare(s): __________________See Above_______________________________________________________ (copy of registration papers and a photo of said mare must accompany this signed contract) during the 2006 Breeding Season, using transported semen. The breeding season at PEGASUS PARK begins March 1st and ends August 1st. Any extension of the breeding season shall be at the sole discretion of PEGASUS PARK. Breeding Fee. Mare Owner agrees to pay a stud fee of $____________ which includes a non-refundable Booking Fee of $250.00 for each mare. The mare owner shall pay STALLION OWNER, upon execution of this contranct, the non-refundable booking fee of $250.00. The balance of the stud fee ($____________) is to be paid prior to the initial shipment of semen. Additional Fees. In addition to the Breeding Fee, the Mare Owner will be responsible for: These fees are as follows: Refundable Equitainer Deposit: $300.00. (Three hundred US Dollars) This deposit must be made prior to shipping semen. Equitainers MUST BE RETURNED within five (5) working days. Mare Owners will be charged a delinquency fee of $10.00 per day for Equitainers not returned promptly. An Equitainer not returned within 10 days will be considered lost or stolen and the mare owner forfeits the refundable deposit. Mare owners will be responsible for full replacement cost of an Equitainer if lost or stolen. This deposit is waived if Mare Owner uses their own Equitainer. Collection/Shipping Fees: (in US dollars): The mare owner agrees to pay all fees incurred in the collection, preparation, evaluation and shipment of the semen. A payment of $300.00 is required before the shipment of semen. This includes the cost of the shipping container and the fees for collection, preparation, evaluation, handling and shipping. Should the mare owner require additional shipments of semen after the initial shipment, another $300.00 payment will be required before further shipment is made. If counter-to-counter air shipping or courier services are required, extra charges will be assessed which must be paid prior to shipment of semen. ALL FEES MUST BE PAID PRIOR TO SHIPPING: There will be no exceptions. We will not ship semen if the fees are not paid in full prior to shipment. Method of Payment of Fees: Check____, Money Order_____ Cashiers Check_____Credit Card (Via PayPal)_____ Requests For Semen: Mare Owner must request a shipment by 6 p.m. (Pacific Standard Time) the day before shipment of semen. Semen availability will be on a first come, first served basis. Notification: Mare Owner agrees to notify STALLION OWNER on the first day of heat in the cycle in which the mare is to be bred. Additionally, Mare Owner shall notify STALLION OWNER of the desired time of breeding not less than 36 hours prior to the time the mare is to be bred. The mare MUST be examined by the Mare Owner?s veterinarian between 16 and 20 days post-breeding. If not in foal, the Mare Owner MUST notify STALLION OWNER that additional shipment(s) are required. Collection Days: Monday/Wednesday/Friday Collection and Shipment: STALLION OWNER agrees to cause viable semen from the stallion to be collected, prepared and shipped to Mare Owner for arrival on the day requested. Semen will be shipped via FedEx. In the event of an airline strike, severe weather, illness or injury to the stallion or any unforeseen condition preventing said delivery, STALLION OWNER will make every effort to provide semen on the date requested, but shall not be responsible for any condition preventing said delivery. Insemination: Mare Owner agrees that it is his/her responsibility to have this mare, and only this mare, inseminated by a qualified veterinarian and to discard any unused semen. Mare Owner accepts responsibility to insure said mare is ready for utilizing the above breeding service. Mare Owner accepts the responsibility to order the semen in accordance with the schedule laid down herein. Mare Owner also accepts responsibility for management of semen shipment; the timely pick-up of the shipping container; the timely insemination of said mare and only said mare. Mare Owner is responsible for the actions of any agent enlisted in inseminating or providing any reproductive services for said mare. Live Foal Guarantee: Should the mare abort or the foal fail to stand and nurse, it is the responsibility of the Mare Owner to inform STALLION OWNER in writing, certified by a veterinarian, within 10 days of the event. In either case, STALLION OWNER agrees to re-breed the mare as soon as she is fit. This mare or an approved substitute may be bred with a re-handling fee of $250.00, plus the applicable semen shipment fees. In the event of Death of the Stallion, Mare Owner shall also have the option of breeding via frozen semen. In this event, all other transported semen fees, including semen shipment fees AND handling fees will apply as defined above. Breeding may also be replaced with one breeding to another PEGASUS PARK stallion. Mare Health Care: The Mare Owner agrees to keep said mare in good physical condition throughout her pregnancy, vaccinate for Rhinopneumonitis at 5, 7 and 9 months of pregnancy and de-worm regularly. If these normal health care practices are not performed, all re-breeding privileges and breeding fees paid will be forfeited. Release of Liability: Mare Owner fully understands, authorizes and assumes the special risks inherent in breeding Arabian horses with the use of transported semen. Mare Owner understands the risk of failure due to many variables and unknown causes and shall hold PEGASUS PARK, and any of its agents, servants and employees harmless from any losses suffered due to any unsuccessful attempt at conception. Mare Owner further understands that the costs of such setbacks are considered part of the ?normal risk and cost of doing business and breeding Arabian horses? and shall, further, hold PEGASUS PARK and any of its agents, servants and employees harmless from any such claims whether ordinary, special, incidental or consequential. Breeder?s Certificate: A Breeder's Certificate will be issued for the foal conceived by this mating when stallion fees are paid and all other expenses have been paid in full AND when Owner notifies STALLION OWNER that said mare has produced a foal by said breeding services. The Breeder?s Certificate shall comply with the requirements of the Arabian Horse Association. Payment of Fees: Owner agrees to pay all fees promptly and in accordance with the conditions defined above. Should any fees become delinquent for any reason, a billing fee of ten dollars ($10.00), or one and one-half percent per month of the unpaid balance, whichever is greater, shall be charged on all balance not paid within thirty (30) days of statement date. Additional Conditions:_________________________________________________________________________ __________________________________________________________________________________________ This contract is non-assignable and non-transferable Venue: This contract is entered into in the State of California and will be interpreted and enforced under the laws of that State. In the event of a dispute that in any way to this contract, jurisdiction and venue shall be exclusively in Riverside County, California. The prevailing party to any dispute will be entitled to collect its actual attorneys fee from the losing parties regardless whether or not suit is actually brought. This contract represents the entire agreement between the parties. No other agreements, promises, verbal or implied, are included unless specifically stated in this written contract. When Mare Owner and PEGASUS PARK have signed this contract, it will then be binding on both parties. I have read and understand this entire agreement, and hereby agree to its contents.
PEGASUS PARK by ____________________________
Mare Owner Signature:____________________________
Mare Owner (Print Name)__________________________
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Marci de la Torre
P.O. Box 891082, Temecula, California 92589
Tel. 951-719-5111 e-mail: marci@pegasispark.com
Farm Address:
22300 Grand Avenue, Wildomar, California 92595
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