2008 Black Silver Arabians Breeding Service Agreement
TC BEY CEDAR AHA Reg. # 507990
Mare: __________________________Breed_________________Reg.# _________________ Unregistered ___
Mare: __________________________Breed_________________Reg.# _________________ Unregistered ___
Mare: __________________________Breed_________________Reg.# _________________ Unregistered ___
The following agreement is made between Black Silver Arabians (also referred to as BSA/Cecilia Nasute or Stallion owner) and Mare Owner: ______________________________________with residence at_____________ ____________________________________________________________________________________________
Phone # _____________________________ Cell ____________________________________
Other contact #s _______________________________________________________________________________
This Agreement is made and entered into this _____ day of __________, 200__
It is hereby understood and agreed that the mare owner wishes this mare to be bred to this stallion.
BREEDING FEES
STUD FEE Arabs $1500- Non-Arabs $1200………….Non refundable unless otherwise stated in this agreement.
DEPOSIT (BOOKING FEE) $300……………Non refundable (included on first year’s stud fee)
Shipping & Handling Fee +- $250………. Within the continental USA. Prices may change.
EQUITANER DEPOSIT = Market value……..Refundable / No deposit charge for “disposable Equitaner” , the cost of the disposable equitaner will be added to the collection and shipping fee. +-$40.00.
_______________________________________________________________________________________
TERMS AND CONDITIONS
Booking fee is payable upon signing and delivery of this agreement. Balance of Stud fee plus collection and shipping fees must be paid prior to collection and shipping. If the paid breeding is not used during the breeding season stated above, a new non refundable booking fee may apply at the stallion owner’s discretion, or as stated in this agreement.
There will be no live cover.
AI on premises:
All breedings for the 2008 season will be handled by Fancier Farm, located at
Collection & Insemination fees (to be determined by stallion station), & vet fees if applicable, are the mare’s owner responsibility.
Mare is to be delivered to Fancier Farm, and to be pick after the last service date, unless other arrangements have been made. FancierFarm/BSA/its principals will have full authority to administer medical care or other care necessary for mare and/or foal. In the event a veterinarian or farrier services are deemed necessary, permission is granted to the stallion owners or their agents to request such services on behalf of the Mare Owner and the mare owner will be responsible for all fees.
Except for the stud fee/ booking fee, all other fees such as Collection & AI, Boarding, Vet’s etc, will be negotiated between you, the mare owner, and Fancier Farms. You are welcome to visit their web site ww.FancierFarm.com or to call Joan Dilworth 209-759-3669. She will graciously answer any questions you may have.
All incurred fees and expenses must be paid prior to the mare leaving the facilities. If the mare is not picked up at the agreed date, and other arrangement have not been made in writing, said mare will be considered abandoned after 30 days. BSA and/or Fancier Farm will have the right to dispose of the mare at their discretion. BSA/Fancier far will also have the right to sell that mare to recover expenses incurred and/or loss of income.
BSA & Fancier farm do not provide equine insurance on the mare, and it is the mare's owner's sole responsibility to provide insurance if so desired.
Life foal guarantee will apply to mares to mares with the following paperwork.
A health certificate indicating:
That mare has been vet checked and/or cultured and found breeding sound, and clean, and is current on
all vaccinations ( Equine Influenza, Strangles, Tetanus, Sleeping Sickness and Rhinopneumonitis.)
Mare owner agrees to hold BSA, it's principals Cecilia Nasute Gebo and Ron Gebo and their assistants, partners, employees, volunteers, veterinarian, farrier or anybody associated with stallion owners, harmless and not liable for any sickness, disease, stray, theft, injury or death which may be suffered by the mare (and/or foal if applicable) This includes, but it is not limited to, any personal injury or disability which mare owner and/or her/his agents, employees, relatives or anybody associated with mare owner, may receive while on BSA or Fancier Farm premises, caused by this mare or any other horse in the property.
SHIPPED SEMEN AGREEMENT AND TERMS
Costs are the mare owner’s responsibility. The estimated shipped semen fee of *$250.00 includes Collection & 1 shipment (two bags) via Federal Express and is due in full prior to shipping. *(This is an estimate only, we reserve the right to change this fee as needed.)
24 hour prior notification is appreciated. Stallion station ships every day at noon, via Fed Ex, except Sundays, please plan accordingly. There is no FedEx pick up on Sundays. Saturday shipments may have higher delivery fees. The mode of semen transportation will be at the discretion of stallion station.
Should Mare Owner request transportation by other than Federal Express, then Mare Owner shall pay any additional costs incurred by using such shipping carrier.
All requests for shipment cancellation must be made not later than 9:00 a.m. the day the shipment is scheduled to go. Collection and shipping fees will apply if request is made after stallion has been collected and shipping has been made.
Shipments will be honored in order of the date in which they were booked
In case subsequent shipments are needed, the shipping container, and any additional shipping fees must be received by stallion owners before the next shipment is sent.
Equitaner: There may be a $250/350 refundable deposit per Equitaner. Market Value.
This deposit is due prior to expected shipment. It is imperative that the container be returned to stallion station within 72 hours. (There will be a charge of $25 per day after 3 days that the Equitaner is late.)
The container deposit will be returned to you in full only if the following conditions are met:
1) The complete, undamaged shipping container is returned within 72 hours of insemination.
2) If any of the components are damaged or missing, the cost of replacement will be deducted from the deposit.
PLEASE NOTE: Any unpaid fees will be deducted from the container deposit. We can also use a “disposable” container for which no deposit is required.
Semen to be shipped to the following address: Facility ___________________________________________
Contact Person: ______________________ Telephones: _________________________________________ Address ___________________________________ City, State, Zip ________________________________
By: _____________________________________________________________Date___________________
(If mare is jointly owned, both signatures are necessary. Otherwise, the individual executing this agreement assumes all responsibility and agreement to this contract for joint owner).
TERMS AND CONDITIONS
Mare owner understands that if breedings are not used within the current breeding season. Afterward and if stallion is sold, the breedings will not carry over to the new stallion owner and no money will be refunded to mare owner. Return services during the first breeding year for the original mare or replacement mare will incurr the normal fees associated with AI.
Stallion owners shall be permitted to withhold from mare owner any certificates, forms or consents required in connection with the registration of foals until all fees and charges hereunder are paid in full.
RESTRICTION ON ASSIGNMENT. The breeding agreement and the right of mare owner to utilize the breeding to TC Bey Cedar is personal to Mare Owner and is transferable only with prior written consent of Stallion Owner.
LIMITATION OF MARE OWNER'S REMEDIES.
In the event of the death, sale or permanent disability of the Stallion named herein during the currently contracted breeding season, the stud fee will be refunded to mare owners. Under no circumstances any portion of the Breeding Fee(s) or payments hereunder shall be refunded to Mare Owner as a result of the death, sale or disability (including breeding disability) of the stallion after the contracted breeding season has expired, same applies if semen was already shipped, whether or not the mare is confirmed in foal. There will be no other compensation to mare owners.
LIVE FOAL GUARANTEE. (Alive and nursing for 72 hours)
Stallion owner’s sole liability to Mare Owner pursuant to the live foal guaranty shall be to provide return services within a reasonable amount of time, not to exceed following breeding season. Collection and shipping fees will apply.
BSA MUST be notified in writing, with an attending veterinarian’s certificate within 20 days of the death of the foal. This guarantee applies only if the mare had received adequate, scheduled vet care and vaccinations prior and during the pregnancy. Vet certifications may be required. Mare owner has the right to substitute mares.
This guarantee applies only if the stallion is still available. This is not a money-back guarantee.
Venue: In the even a dispute arises which relates to this agreement, such dispute must be resolved exclusively by binding arbitration, with an arbitrator who has expertise with horses and the horse industry. Said arbitration shall take place in Calaveras County. Or at the county where stallion’s owners are located at the time the dispute arises. The prevailing party shall be entitled to receive from the losing party all costs of suit, including actual attorney’s fees.
Legal Construction: This agreement constitutes the entire agreement between parties; no representation, warranty, condition or understanding or agreement of any kind shall be binding on the parties unless incorporated herein. BSA, Ron Gebo & Cecilia Nasute, stallion owners, being considered one and the same. BSA may impose such other terms and conditions as it may in its discretion deem reasonable and necessary under the particular circumstances involved. Any difference in disputes involving the interpretation of any or all of the terms of this contract shall be interpreted in a manner most reasonable considering the nature of the business involved, and in accord with the generally accepted standards, practices and procedures of stud servicing of this nature throughout the United States. In making such interpretations. No special import or emphasis shall be placed upon the fact that the contract herein is prepared by or provided by the stallion owners.
Client agrees to pay all fees specified in this stallion service contract. Payments in excess of 15 days late will be subject to a late fee of $25 per month. Clients whose payments are in excess of 30 days past due shall be in Breach Of contract. Upon said breach of Contract by Client, stallion owner shall have the option to cease all further services and retain all funds received to date as liquidated damages.
______________________________ ______________________________________________
Mare Owner Printed Name Signature Date
______________________________ ______________________________________________
Mare Co-Owner Printed Name Signature Date
Upon acceptance of this agreement, please sign and return with check made payable to Black Silver Arabians
Please note that all of these pages should be initialed and dated at the bottom of the page.
We will make a copy of this document and send it to you with our original signature that will also serve as a receipt for your payment. Do not mail cash.
Payment received in the amount of $ ______________ Paid by check #________ by Cash________
BSA Rep.: Name _______________________ Signature ______________________ Date ________
P.O. Box 256, Burson Ca 95225-0256 Lizzy@blacksilverarabians.com Or services@anetpayco.com
Office (209) 772-2635
Cell (661) 713-2672
Revised Feb.2008 |
