This contract for the breeding season of

2002

is made and entered into in this

day of

by and between Natalie Nelson, Stallion Owner, and

, Mare Owner.  The Mare Owner agrees to

breed the mare,

,registered with the

registration #,

Blue Eyed Paradise

,registered with the

APHA

,registration #,

355851

for the fee of

$650.00

subject to the following conditions:

1.  The Mare Owner agrees to breed the Mare to the Stallion standing at Cross 5 Ranch, 20628 W. Narramore Rd., Buckeye, Arizona in the year

2002

and to pay a total service fee of

$650.00

of which

$250.00

Is tendered herewith, as a booking fee and the balance

will be paid prior to picking up the Mare.  The Mare will not be bred unless the booking fee has been paid with the exception of donated breedings.

2.  Payment is due upon receipt of an invoice or when the mare leaves the breeding facility, whichever is first.  Invoices shall be mailed on a monthly basis, of which the Mare Owner agrees to pay upon receipt.  Balance of all board and veterinary charges will be due at time of pick up of the mare.  In the event payment is not made, the Stallion Owner shall have a lien on the mare (or mares and foals) for all unpaid bills.  The Mare Owner shall be responsible for reasonable attorney fees and court costs if necessary to collect fees due hereunder.  Unpaid accounts shall draw

interest at the rate of

1.5%

per month on the unpaid balance.  Additionally all checks returned due to insufficient funds written by the

Mare Owner or third parties on behalf of the Mare owner shall be charged a

$25.00  

fee.  ALL FEES ARE NONREFUNDABLE

3.  The Mare may be checked to verify normal breeding condition and the Stallion Owner whom, for purposes of this Agreement, may act through Cross 5 Ranch, may render any treatment or immunization that the Stallion Owner and or Cross 5 Ranch determines is reasonably necessary.  The cost of any such services will be borne by the Mare Owner and added to the service fee

4.  If Mare Owner at any time fails to satisfy one or more of the provisions set fort in this Agreement, Stallion Owner will have no further obligation hereunder and will not be required to breed the Mare.  If the Stallion is not alive, breeding sound during the next breeding season, or has been sold or is otherwise unavailable for breeding, the Owners will be released from any further obligations under this agreement.

5.  The Stallion Owner and/or Cross 5 Ranch will exercise his/her best interest in caring for and supervising the Mare and its foal and neither the Stallion Owner and/or Cross 5 Ranch, their agents, employees, or representatives will be responsible for accident, sickness, death or other injury to Mare or it's foal.  Mare Owner will similarly not be responsible for any accident or injury to horses belonging to the Stallion Owner or Cross 5 Ranch, or in their care and possession, caused by the Mare or its foal.

6.  Mares must be registered with the APHA, AQHA or JC.  Arabian mares registered with the IAHA upon stallion owner approval only.  ABSOLUTELY NO GRADE MARES ACCEPTED.  A photocopy of registration papers (both sides), a veterinarian’s health certificate, and Arizona Hauling Card or current Coggins (required for mares from not possessing an Arizona State Hauling Card), worming, and current immunization records must accompany mare.  If these are not presented upon mare’s arrival, the Breeder shall have the attending veterinarian make proper tests and evaluation at the Mare Owner’s expense.  If ownership on registration different than current owner, proof of ownership is required.
6a. Mare Owners who fail to supply a photocopy of registration papers can not be included on the respective breed associations' Stallion Breeders Report which is due by the Stallion Owner in November of the same year Mare is bred.  After that time Mare Owner shall be responsible for all late fees required for filing a late Stallion Breeder's Report which is required to register resultant foal in their respective breed association.

7.  The Mare Owner shall agree that the mare offered for breeding shall be in sound breeding condition and free from infection or disease.  In the event the mare is barren, open, not a maiden Cross 5 Ranch requires submission of a recent negative uterine culture and uterine biopsy.  Any mare certified by the attending veterinarian not to be, in his opinion, in sound breeding condition shall not be bred.  A Mare Owner may substitute another mare within that breeding season.  This contract shall not be transferable by Mare Owner with out written permission of Stallion Owner.

Foal Guarantee” will no longer be valid.  A

$250.00

booking fee will be charged on all re-breeds upon arrival.

9.  The Breeder agrees to diligently try to settle the above named mare and shall have sole discretion of determining the best method of breeding such mare.  If however, the mare does not settle, Cross 5 Ranch and/or the Stallion Owner shall be held harmless.
10.  Mare owner agrees that the Stallion Owner does not make any guarantees as to the quality, or conformation of the foal or that the foal will be free of any infirmity, conformation defect, disease, and inherited or genetic trait.  The Mare Owner also has knowledge the stallion has tested negative for hyperkalemic periodic paralysis (HYPP) and can not transmit the disease.  The Mare Owner has been informed of the 25% chance of a cremello foal when breeding two diluted parents, including smoky black mares. In the event the mare produces a live foal of cremello or perlino, it is understood that it shall constitute as a live foal and fulfill the live foal guarantee. The Mare Owner has been informed that the stallion is technically a solid quarter horse than can only produce diluted colors (including smoky black) and in no way guarantees any type of spotting patterns.

11.  Waiver of Liability:  During the time the Mare is in the care/custody of the Cross 5 Ranch; they, the Stallion Owner or staff shall not be liable for any sickness, disease, estray, theft, injury or death which may be suffered by the mare and/or foal or any other case of action whatsoever arsing out of being in any way with breeding and/or boarding of the mare and/or foal.  This includes, but not limited to, any personal injury or disability which the Mare Owner and/or third parties associated with the mare owner may receive will on the Stallion Owner's or Cross Five Ranch's premises.  The Mare Owner fully understands that Cross 5 Ranch and/or the Stallion Owner does not carry any outside horses that are in their possession for breeding and/or boarding on any public liability, accidental injury, theft or equine mortality insurance and that all risks connected with breeding and/or boarding of the Mare(s) and or foal(s) are borne solely to the Mare Owner.  If the mare owner wishes to have insurance on said mare it shall be done so at the sole responsibility of the Mare Owner.

12.  The Mare Owner will pay Cross 5 Ranch a boarding fee as described within this contract.  Furthermore, the Mare Owner will pay all boarding and veterinary fees monthly and agrees to pay any balance owing before the Mare is picked up from the breeding facility.

13.  The breeding season in force for this contract shall begin February 1^st and close June 15^th.  Should the Mare Owner fail to deliver the Mare on

or before

June 15^th , 2002

the Stallion Owner shall have no further obligation under this Agreement.

14.  Mare(s) MUST be halter broke and stand tied.  This contract becomes null and void for any mare misrepresented to this clause, with the right to refuse any and all substitutions from the Mare Owner.
15.  Incentives Mare owners who show resulting foals in sanctioned APHA, PBHA, ABRA, IBHA or IAHA shows earning 10 points or more and/or the APHA PAC program earning 20 points or more will be entitled to 50% reduced breeding at current years rate, for the life of the mare.  It is understood that associated breeding cost will be charged at full rate.  Incentives become null and void upon sale and/or transfer of mare. 

16.  Transported Cooled Semen  In the event transported cooled semen is requested, all veterinary fees and shipping fees shall be the responsibility of the mare owner paid directly to Durango Equine Veterinary Clinic, attending veterinarian Dr. Llyod Kloppe DVM ACT.  The stallion owner agrees to work closely with Dr. Kloppe, Durango Equine Veterinary Clinic, mare owner and mare owner's attending veterinarian to assure shipment at requested time.  However, the mare owner agrees to give stallion owner and Durango Equine Veterinary Clinic 72 hours notice of estimated shipping date.  Mare owner understands that each shipment shall incur charges payable to Durango Equine Veterinary Clinic, 20908 West Durango Street, Buckeye, Arizona 85326. 

16.a.  Transported cooled semen not available for mares with in the state of Arizona or breeding contracts sold through Arizona futurities.
16.b.  Mares must be inseminated by licensed veterinarian or certified technician. 
16.c.  As per the rules of APHA, any semen collected for the purpose of artificial insemination, must be used within 72 hours of collection.
16.d.  As per the rules of APHA, if cooled semen is to be transported for the purpose of breeding a mare or mares at any place other than the premises of collection, the Stallion Owner and Mare Owner must both complete their respective portions of the collection/insemination certificate which must accompany the shipment of cooled semen to the Mare Owner. The collection/insemination certificate must be completed in part by the Stallion Owner and accompany the semen transported to the Mare Owner or agent.
16.e.  Upon receiving the semen and the collection/insemination certificate from the Stallion Owner, the Mare Owner or lessee of the mare for which semen is received shall complete and sign the certificate, including the date of insemination. This certificate shall be sent in time to be received by the APHA office within 15 days from the date of insemination. Any subsequent breeding in the same breeding season will require another certificate.
16.f.  Any foal resulting from the use of transported cooled semen must have its pedigree verified by genetic testing, including sire, dam, and foal and/or by other genetic testing as APHA deems necessary, all expense of which be the registration applicant's.  Mare owner understands that mare must have DNA listed with the APHA in order to have resultant foal to be registered.  It is recommended to have this done prior to mare foaling to speed the parentage verification process required to register resultant foal.
16.g.  Any foal resulting from the use of transported cooled semen shall not be registered without a transported semen breeder's certificate.
16.h.  Full payment of stud fee is due prior to first shipment of semen.

17.  This contract represents the entire agreement between the parties.  No other agreements or promises, verbal or implied, are included unless specifically stated in the written contract.  This contract is entered into the state of Arizona and will be interpreted and enforce under the laws of that state.  When The Stallion Owner and Mare Owner sign this contract it shall bind and benefit both parties and their respective heirs, legal representatives, successors and assigns.  It is also agreed that any and all legal disputes and/or actions pertaining to this agreement shall take place in the court systems of Maricopa County in the state of Arizona.

Mare Owner or Agent

Date

Stallion Owner Or Agent

Date

Printed Name

Printed Name

Natalie J. Nelson

Address

Address

20628 W. Narramore Rd.

City/State/Zip

City/State/Zip

Buckeye, AZ 85326

Phone No(s)

Phone No(s)

623-386-2801 / cell 1-602-524-6799

Mares DOB

Mare Chare Charges

$6.50dry / $7.50wet

Per Day

The Mare Owner fully understands and agrees that if the necessary veterinarian work is not present at time of drop off of the Mare to Cross 5 Ranch, shall have the vet work performed at the Mare Owners expense by the attending veterinarian.  In addition to the veterinarian fees the mare

owner shall pay an additional.

$15.00

Cross 5 Ranch for transportation costs.

Mare owner's initials