THIS AGREEMENT CONFIRMS THE RESERVATION FOR ONE BREEDING TO STALLION
On By and between SUNSET POLO LLC (hereafter SP) as agent for stallion and
2. FEES: Stallion service fee is payable prior to insemination. All other costs associated with the breeding will be the sole responsibility of the mare owner. Stud fees are non refundable.
3. GUARANTEE: This contract includes a Live Foal Guarantee. **A live foal is defined as a foal which stands and nurses without assistance for 48 hours after birth. If a mare fails to produce a live foal, (one that stands and nurses) A veterinarian’s certificate confirming loss of the foal is required.
4. SEMEN DELIVERY: SP, their veterinarian, employees or agents are not responsible for any delays or failures in semen delivery outside of their immediate control. The mare owner accepts and assumes the risk of delayed or lost shipments, although SP will do everything in their power to assist the mare owner in completing the shipment.
5. SHIPPING: It is the mare owner’s responsibility to arrange the collection, shipping and handling of semen with the Veterinary Clinic of their choice, previously approved by SP. Collection, shipping and handling costs will be paid by the mare owner directly to the Clinic. This contract includes one stud fee only.
6. INSEMINATION: The mare owner will ensure that insemination is performed by a certified veterinarian or technician that is familiar with the procedure. The mare owner also guarantees that semen will be used only on the mare named in this contract.
7. MARE’S POST BREEDING EXAMINATION: The mare owner will ensure that the mare is examined by a veterinarian for pregnancy at or around 18 days after insemination. The mare owner is responsible for informing SP of the pregnancy status of the mare at this time. (If SP is not informed of the status of the pregnancy, this contract will become null and void. There would be no refunds and no rebreeding.) A 45 day pregnancy check is recommended, but not required.
8. CARE OF THE MARE: Mare owner will ensure that the mare is properly cared for and will receive all necessary worming, vaccinations (Including Pneumoabort K vaccination at 5, 7 and 9 months of gestation), and veterinary care during pregnancy. FAILURE TO COMPLY WILL VOID THE LIVE FOAL GUARANTEE. Mare Owner agrees to have mare in healthy and sound breeding condition, free from infection or transmissible disease.
9. NON-ASSIGN: This contract may not be assigned or transferred without written consent of SP
10. There will be no obligation to service a mare deemed to be unfit for breeding and is the sole determination of SUNSET POLO LLC. Mare owner assumes all risks of loss or damage to mare. Stallion owner agrees to refund service fee should the stallion die or become unfit for breeding.
11. SUNSET POLO FARM STALLION BREEDING CREDITS: If a mare bred to fails to produce a live foal (one that stands and nurses without assistance for 48 hours after birth), SP will provide a rebreeding.(SP NEEDS TO BE NOTIFIED IN WRITING BY A LICENSED VETERINARIAN WITHIN 96 HOURS.IN THE EVENT THE MARE OWNER FAILS TO COMPLY WITH THIS REQUIREMENT, THIS CONTRACT WILL BECOME NULL AND VOID. THERE WOULD BE NO REFUNDS AND NO REBREEDING.)If the mare is not covered, bred or delivers a live foal within three years, startingthe year the contract was signed, THE CONTRACT WILL BE NULL AND VOID AND NO REFUNDS.The rebreeding is available for the same mare or a substitute approved by SUNSET POLO LLC. In this case, all related expenses concerning collection, shipping and handling costswill be paid by the mare owner directly to the Clinic.
12. ENTIRE AGREEMENT, CONSTRUCTION, JURISDICTION, ATTORNEYS FEES:This contract contains the entire understanding of the parties concerning its subject matter, and may be modified only in writing except as otherwise provided. Headings are for convenience only and not part of the contract. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the remainder. The contract shall be construed and governed by the laws of Florida. At SUNSET POLO LLC’s option, jurisdiction and venue for all disputed connected with this contract shall be proper only in Palm Beach, Florida. If a lawsuit is filed with respect to this contract, the prevailing party shall be entitled to collect all reasonable attorney’s fees and cost for such suit.