Frazer's Stable 3521 Ingram Dr. Haymarket VA 20169
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This contract, dated this ________ day of _________, Yr. ______, by and between Frazer’s Stable, INC. (hereinafter "Frazer") the mare owner and stallion owner.
NAME: _______________________________________________
(hereinafter "mare owner")
ADDRESS: ____________________________________________
_________________________________ PHONE #: _______________________________
PHONE #: _______________________________
Stallion Owner: _________________________________________ (hereinafter "stallion owner")
WITNESSETH
By their signatures to this contract, the mare owner confirms a reservation to breed the mare :
NAME:________________________ REG. ____________________#_____________________
Sire:__________________________ Dam: __________________________________________
To the stallion____________, if the stallion is alive, fit to breed and standing at Frazers, under the following terms and conditions.
TERMS AND CONDITIONS
1. The mare owner shall pay a non-refundable booking fee of $ ______ The booking fee is due payable to Frazer’s Stable upon the execution of this contract.
The mare owner shall pay a stud fee of $_______
due payable to Frazer’s Stable /stallion owner before mare is bred.
The mare owner shall pay a non-refundable lab/shipping fee of $ ____ for pick up at Frazer’s Stable. $____ , for an overnight shipment. $____ , for a Friday to Saturday shipment; $____ from airport (Dulles), $____ , from airport (National), for every Shipment, or collection. These fees will be taken from a $200.00 container deposit, which is due before first semen shipment. Any remaining deposit or fees that go over deposit will be billed or refunded at end of breeding season on or around October 1st of the year mare is bred, unless shipping fees go $200 over current deposit, then they will be billed before next shipment.
2. The mare owner shall return a copy of mare's papers and photo (please send photo with self addressed envelope if it is to be returned) with this contract. This contract is subject to acceptance of the mare/mares by Frazer’s Stable/stallion owner. If the mare/mares is not acceptable to Frazer’s Stable /stallion owner, at its sole option, Frazer’s Stable shall return the booking fee to the mare owner, and this contract shall be void.
3. The mare owner shall be entitled to re-breed the mare until the mare delivers a foal that stands and nurses. This guarantee shall apply only if the BREEDING REPORTS-breeding soundness, insemination and pregnancy, or loss of pregnancy report (if applicable) are returned according to the instructions therein. IF THESE REPORTS ARE NOT RECEIVED BY Frazer’s Stable AS INSTRUCTED, ALL GUARANTEES, REFUNDS, BREEDINGS, OR REGISTRATION POSSIBILITIES ARE NULL AND VOID. The provisions and instructions of the breeding soundness, insemination, pregnancy and the loss of pregnancy reports are hereby incorporated into this contract and made a part hereof, and the parties agree to abide by said provisions and instructions.
4. If a licensed veterinarian determines that the mare is unsuitable for breeding, the mare owner may substitute a new mare, subject to acceptance of a new breeding mare by Frazer’s Stable. This substitute mare shall be bred under the same terms and conditions as the original mare.
5. In the event of breeding by transported semen, mare owner shall give Frazer’s Stable as much advance notice of request for shipment as possible, and any such request must be received by Frazer’s Stable no later than 12 noon on the day of shipment. Mare owner shall pay, in addition to the booking and breeding fees, all reasonable and actual costs of transporting the semen from Frazer’s Stable to mare owner, as well as insemination of the mare by mare owner's veterinarian.
6. The mare owner shall reimburse Frazer’s Stable for all semen shipment expenses. There will be a $25.00 late/rental fee per day if the semen container is not returned to Frazer’s Stable within seven days of shipment and a $50.00 replacement fee ($400 for Equitianers) if the container is not returned to Frazer’s Stable within 30 days of shipment or if not received in reusable condition. The mare owner shall remit a container deposit of $200.00 by separate check before semen shipment. The shipment costs will be deducted from the $200.00 deposit and any remaining deposit money will be refunded at the end of breeding season (on or around October 1).
7. Frazer’s Stable assumes responsibility only to deliver live semen in viable condition at the time of delivery to the mare owner or agent. The mare owner shall assume all responsibility for the condition of the mare and shall bear all risk of loss or damage to the mare whatsoever by death, disease, injury, infection or otherwise, and by any cause whatsoever, including inappropriate, untimely, or negligent insemination or failure of insemination, and therefore releases discharges, indemnifies and holds harmless Frazer’s Stable/stallion owner, its employees, agents, officers and directors, from any liability for any and all damages associated therewith. The mare owner hereby agrees to pay all expenses and attorney's fees incurred by Frazer’s Stable/stallion owner in defending any claims for which the mare owner has agreed to release, discharge, indemnify and hold harmless Frazer’s Stable/stallion owner, its agents, employees, officers and directors.
8. The mare owner agrees to use the shipped semen only on the mare named above in this contract and shall have a licensed veterinarian verify in writing that the shipped semen has been used only to inseminate the mare named above in this contract. The mare owner agrees to deliver such certification to Frazer’s Stable within the breed report provisions, instructions and deadlines.
9. If the above described Frazer’s Stable stallion is not available to Frazer’s Stable for re-breeding, and if re-breeding is necessary, Frazer’s Stable may, at its option, and mare owner's approval, substitute another stallion for breeding to the mare. Frazer’s Stable is not liable for refunds, re-breedings, or any other claims for stallions standing at Silverwood that are not owned by Frazer’s Stable or Frazer Hendrick. Owners of other stallions standing at Frazer’s Stable hereby agree to all provisions and terms in this contract, and hereby agree to be liable for any and all refunds, rebreedings or claims, paid to them by mare owner. Notwithstanding the above, the mare owner also shall remain responsible for paying any new fees, for covering mare and any other fees incurred by Frazer’s Stable/stallion owner on behalf of or for the benefit of the mare owner.
10. The live foal guarantee mentioned in paragraph 3 above is expressly contingent upon the mare owner properly caring for the pregnant mare. Proper care shall include, but shall not necessarily be limited to, proper feeding and nutrition, regular deworming with products approved for pregnant mares, vaccinations that are customary in the mare owners geographical area, and proper intervention during foaling if necessary.
11. If the mare is not covered, bred or delivers a live foal within 4 (four) years, starting from January first (1) of the year the contract was signed, the contract will be null and void and no refunds, rebreedings, or fees will be returned/given to Mare owner. The non refundable booking fee is recharged if this contract is carried into a third year, This will renew the contract for two (2) additional years starting from January first.
12. All billing statements shall be paid to Frazer’s Stable/stallion owner within ten days of the billing date. Interest at the rate of one percent (1%) per month shall be charged on all balances unpaid and overdue for 30 days, and the customer hereby agrees to pay such interest and concurs that said interest in a reasonable charge on overdue accounts. If the customer fails to pay any amount due hereunder for more than 30 days after the billing date, Frazer’s Stable/stallion owner may immediately accelerate all other amounts due under this contract upon written notice to the mare owner, and all amounts so accelerated shall be immediately due and payable. In addition, if the mare owner fails to pay any amount due hereunder for more than 30 days after the billing date, Frazer’s Stable/stallion owner is not obliged to perform further under the contract until all past-due amounts have been paid current.
13. The mare owner may not assign any rights or delegate any duties under this contract without the prior written consent of Frazer’s Stable.
14. No delay or failure by Frazer’s Stable /stallion owner to exercise any right under this contract shall be deemed a waiver of any right or remedy otherwise available to Frazer’s Stable.
15. This contract contains the entire understanding of the parties and may be modified only by a writing signed by all parties. The invalidity or unenforceability of any term or provision of this contract shall not affect the validity or enforceability of any remaining provisions hereunder. This contract shall be construed and governed by the laws of the Commonwealth of Virginia, and the parties expressly agree the jurisdiction and venue for any and all disputes arising under this contract shall be proper only in Loudoun County, Virginia. In the event that Frazer’s Stable/stallion owner incurs attorney's fees and/or legal costs in securing or protecting any right available to it under this contract or under the laws of the Commonwealth of Virginia, the customer agrees to pay said attorney's fees and costs.
Date: _______________ Mare Owner: __________________________________________
Date: _______________ Frazer’s Stable INC: ____________________________________
President, Frazer’s Stable, Inc.
Date:_______________ Stallion Owner: _________________________________________
(If stallion is not owned by Frazer’s Stable INC)
THE BREEDING REPORTS MENTIONED IN THIS CONTRACT ARE AVAILABLE FROM Frazer’s Stable INC.
Revised 10/02
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