SPECIAL OFFER: If mare owner submits a video of Zeben's offspring at 3 months, one year, and three years, a credited fee of $100.00 will be paid back to mare owner upon receiving videos of good quality.

First Best Friend Ranch
dba Equine Reproductive Management Science Services
P.O. Box 64, Indian Hills, CO 80454-0064
Ranch - (303)246-6179

 

STALLION SERVICE AGREEMENT AND LIABILITY RELEASE

(print and fill out form for return to FBF Ranch with other required documents)

THIS STALLION SERVICE AGREEMENT AND LIABILITY RELEASE ("Agreement") is made and entered by and between __________________________________________(hereinafter, "Mare Owner"), and First Best Friend Ranch (as Stallion Owner or Stallion Manager, but which will hereinafter be referred to as, "Stallion Owner"), on this ___ day of ____________, 19__.

 

Mare Owner and Stallion Owner hereby agree as follows:

 

  1. Purchase of Breeding
    Stallion Owner hereby sells and Mare Owner purchases a 199_ breeding season to the following stallion: Name:________________________ Breed:____________ Breed Reg. No.: ____________ [hereinafter referred to as "Stallion"], which entitles Mare Owner to breed Mare (defined in paragraph 7) to Stallion during the 19___ Breeding Season ("Breeding Season" covers the period of February 1 through Oct 1), subject to the terms and conditions of this Agreement.
  2. Stallion Service Purchase Price
    Mare Owner agrees to pay to Stallion Owner the fee of $_________________ in U.S. funds [plus applicable sales tax, if any]. A booking fee of $__________ is due and payable at the execution of this Agreement and the balance of the stallion service fee is due and payable also. An additional booking fee must be paid for each re-breed conducted after the year of initial service.
  3. Mare Care
    Mare Owner agrees to pay for care and feeding of mare while in Stallion Owner's custody at $_________ per day for wet mares; $___________ per day for dry mares: $____________ per day for pasture dry mares; and $______________ per day for show mares. Invoices will be sent monthly. Mare Owner has inspected Stallion Owner's facility and is satisfied with same.

    The above fees in paragraph 2 and 3 do not include veterinary, farrier, or other services. Mare Owner agrees to pay charges for these services as they become due and/or necessary.


    Stallion Owner will submit monthly invoices to Mare Owner for mare care, veterinarian, or farrier, and other obligations pursuant to this Agreement, and full payment is required within 10 (ten) days from the date of each invoice. In the event that Mare Owner fails to make timely payment to Stallion Owner of any invoice sent pursuant to this Agreement, Stallion Owner reserves the right to impose, after ten days from the date payment is due, a late payment fee of 12 % per annum on all unpaid sums. A business purpose for this transaction is mutually understood. Stallion Owner will not release Mare and/or foal until all charges have been paid to Stallion Owner in full.
  4. Live Colored Foal Guarantee
    If the Mare Owner's mare is barren, aborts or fails to produce a single live colored foal that can stand up unassisted and nurse, Stallion Owner will allow Mare Owner a return breeding privilege of the Mare to Stallion (or a substitute mare if acceptable to Stallion Owner) in the next breeding season only, provided that Mare Owner furnishes a satisfactory certificate issued by a licensed veterinarian attesting to either occurrence within ten (10) days of the date of the occurrence. An additional booking fee, in the amount set forth within paragraph 2, must be paid for each re-breed conducted after the year of initial service.

  5. Extinguishment of Foal Guarantees/Damages
    The purchase price set forth in paragraph 2, above, shall either be retained by or become immediately due and payable to Stallion Owner as liquidated damages and the Live Foal Guarantee above becomes null and void if Mare Owner does any of the following:

    A. Fails to pay fees due under this contract;
    B. Takes Mare (defined in paragraph 7) home before Stallion Owner has a reasonable and sufficient opportunity to settle Mare (that is, having the Mare bred through at least two heat periods or being certified in foal by Stallion Owner's veterinarian); and/or
    C. Breeds the Mare to another stallion in the 19__ breeding season without the written permission of the Stallion Owner.
  6. Stallion Owner's Warranties and Disclaimers
    Stallion Owner makes the following warranties and disclaimers, and Mare Owner accepts each one:

    A. Stallion Owner is the sole owner of the stallion referenced in paragraph 1, above, and has full authority and power to transfer title to a breeding season to Mare Owner. The season granted under this contract is free from all liens and encumbrances.

    B. Stallion Owner, its agents, employees, representatives, and/or assigns shall not be responsible for any disease, injury, death, theft, or accident to the Mare (and her foal, if any).

    C. STALLION OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE HEALTH CONDITION AND FERTILITY OF THE STALLION AND SPECIFICALLY DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF THE BREEDING SEASON PURCHASED UNDER THIS AGREEMENT. FURTHER, STALLION OWNER MAKES NO EXPRESS WARRANTIES OTHER THAN THOSE STATED IN PARAGRAPH 6.

  7. Mare Owner's Warranties and Disclaimers
    Mare Owner warrants to Stallion Owner as follows:
  8. Release/Hold Harmless
    Mare Owner agrees to hold harmless and release Stallion Owner, First Best Friend Ranch dba Equine Reproductive Management Science Services, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of being on the premises of First Best Friend Ranch (unless Stallion Owner or First Best Friend Ranch caused the injury, damage, or loss
    intentionally or in reckless disregard for the safety of the Mare Owner).

    Mare Owner agrees to hold harmless and release Stallion Owner, First Best Friend Ranch dba Equine Reproductive Management Science Services, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf from liability for ordinary negligence relating to any and all injuries, damages, personal property damages or losses that Mare Owner may sustain arising out of the breeding, handling, or keeping of the Mare at First Best Friend Ranch that may accrue from any cause whatsoever (including fire, theft, running away, accidents, illness, injuries or death) during the term of this Agreement and/or while the Mare (and foal, if any) is/are in the Stallion Owner's custody and control.

    Mare Owner agrees to hold Stallion Owner harmless if Mare does not settle.

  9. WARNING OF COLORADO REVISED STATUTE 13-21-119
    WARNING - UNDER COLORADO LAW, 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 THE EQUINE ACTIVITIES.

  10. Indemnification
    Mare Owner shall be solely responsible for all acts and behavior of Mare at all times while this Agreement is in effect. In no case shall Stallion Owner, First Best Friend Ranch dba Equine Reproductive Management Science Services, and their respective agents, employees, representatives, assigns, affiliated persons, and/or others acting on their behalf be liable for the acts and behavior of Mare unless they directly caused the injury due to gross negligence or willful and wanton misconduct on their part in breeding, handling, and/or keeping of the Mare. Mare Owner also hereby agrees to indemnify and hold Stallion Owner harmless against all damages sustained or suffered by any third person [not a party to this Agreement, including but not limited to Mare Owner's guests, visitors at First Best Friend Ranch, etc.] that were caused by the acts of the Mare, or her foal.
  11. Substitute Mare/Stallion Owner's Refund Policy
    In the event of the death or incapacity of the Mare, Mare Owner shall be required to breed a substitute Mare to the Stallion, provided that the Stallion Owner has given advance approval in writing of the proposed substitute mare. No refunds shall be permitted. In the event of Stallion's death or unfitness for breeding, the breeding fee will be refunded but the booking fee will, at all times, be retained by the Stallion Owner.
  12. Veterinary Treatment
    Mare Owner will allow a veterinarian selected by Stallion Owner, or Stallion Owner's Stallion Manager, to check the Mare for normal breeding conditions and to perform reasonable services Stallion Manager deems necessary (such as pregnancy testing, palpation, suturing, etc.). Mare Owner agrees to pay all fees for such services.
  13. Stallion Service Certificate
    Stallion Owner reserves the right to withhold issuance of a Stallion Service or Breeder's Certificate applicable to the breeding hereunder until Mare Owner is current on all payment obligations to Stallion Owner.
  14. Entire Agreement
    This Agreement contains the entire agreement between the parties with respect to its subject matter. All prior promises or understandings (either oral or written) between Mare Owner and Stallion Owner shall be void unless contained in this Agreement. Modifications to this Agreement will only be valid if in writing and signed by both Mare Owner and Stallion Owner.
  15. Assignment
    This Agreement is not assignable by Mare Owner without the written permission of Stallion Owner.
  16. Additional Terms and Conditions

    __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________
    __________________________________________________________________________

    MARE OWNER:

    By:____________________________

    Print Name:_____________________

    Date of Signature:________________

    NOTE: If Mare Owner is a partnership or business entity, Mare Owner must present sufficient proof to Stallion Owner that the signing party has authority by the entity to execute this Agreement.

    STALLION OWNER:

    FIRST BEST FRIEND RANCH, d/b/a
    EQUINE REPRODUCTIVE MANAGEMENT SCIENCE SERVICES

    By:____________________________________

    Print Name:____________________________

    Date of Signature: _______________________

    Important:

    MARE OWNER MUST PRODUCE TO STALLION OWNER:

    Copy of Negative Coggin's Test taken of Mare by a licensed veterinarian within one (1) year of the date Mare enters the premises of First Best Friend Ranch.

    Copy of Mare's current breed registration papers.

    Health Certificate issued by licensed veterinarian within ninety (90) days.

    If requested by Stallion Owner, proof of Mare's inoculations (including but not limited to strangles, rhino, flu, Potomac Horse Fever, etc.)

    Mare's Mortality Insurer & Policy #:_______________________
    Mortality Insurer Emergency Phone No.:____________________

 

Questions? Contact First Best Friend Ranch at info@firstbestfriendranch.com

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Last updated 17 March 1999