THIS STALLION SERVICES AGREEMENT (this “Agreement”) is made effective as of the date fully executed below (“Effective Date”) by and between the undersigned owner (the “Mare Owner”) and Capital Quarter Horses, LLC (the “Stallion Owner”). Mare Owner and Stallion Owner are each referred to herein as a “Party” and collectively as the “Parties.” For good and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows:
1. Mare; Stallion. This Agreement pertains to Mare Owner’s horse, more specifically identified in the Information Sheet (the “Mare”). As a material inducement for Stallion owner to enter into this Agreement, Mare Owner represents and warrants to the Stallion owner as follows: (a) Mare Owner is the rightful owner of the Mare; (b) the information related to the Mare and Mare Owner in the Information Sheet attached hereto and incorporated by reference as if fully set forth herein is true and correct in all respects; (c) Mare Owner shall use all semen provided by this Agreement for the Mare; (d) the Mare is of good health (including proof of a negative culture delivered to Stallion Owner) and breeding soundness; and (e) Mare Owner has the legal authority to enter into this Agreement and this Agreement does not conflict with or violate any third party contract. Mare Owner agrees to breed Mare to the stallion identified in the Information Sheet (the “Stallion”) during the 2023 breeding season on the terms and conditions set forth in this Agreement. Mare Owner agrees to deliver to Stallion Owner a photocopy of both sides of the Mare’s registration papers on or before the Effective Date. The breeding season for Stallion shall be from February 5, 2024 to June 28, 2024. If the Mare dies or becomes unfit to breed after execution of this Agreement but prior to breeding to Stallion, Mare Owner may transfer the breeding hereunder to a substitute mare owned by Mare Owner upon Stallion Owner’s written consent subject to payment of the Substituted Mare Fee in the Fee Schedule. Mare Owner agrees to comply with the reasonable requests by Stallion Owner regarding veterinary testing on the Mare, including pregnancy exams and breeding soundness exams on an as needed basis.
2. Fees. In exchange for breeding Mare to Stallion, Mare Owner shall pay the fees set forth in the Fee Schedule. The Fee Schedule is attached hereto and incorporated herein as if fully set forth. If Mare Owner is to receive transported semen from Stallion Owner, the provisions as set forth in the Fee Schedule relating to the shipment of transported semen shall apply.
3. Limited Live Foal Guarantee. Stallion Owner hereby provides Mare Owner with a limited guarantee that a single live foal will result from the breeding of Mare to Stallion. For purposes of this Section 3, “Live Foal” is defined as a newborn foal that stands alone and nurses from Mare. If a Live Foal does not result from the breeding, Mare Owner will be entitled to rebreed Mare to Stallion in the immediately subsequent breeding season upon compliance with the terms and conditions set forth herein. This Guarantee is void unless (a) Mare is pregnancy-checked and found to be in foal prior to foaling; and (b) Mare Owner notifies Stallion Owner within 7 days of foaling that Mare did not produce a live foal and provides a statement from a licensed veterinarian to that effect. Unless otherwise agreed in writing, this Guarantee shall also be void if Mare Owner sells Mare to a third-party prior to foaling. If the Mare miscarries, proves barren after being pregnancy-checked in foal, or fails to conceive during the normal breeding season, Mare Owner may rebreed Mare to Stallion in the immediately subsequent breeding season, so long as Mare Owner provides Stallion Owner with a statement from a licensed veterinarian to that effect. Any re-breeding of Mare to Stallion will be subject to payment of a $500.00 rebreeding fee prior to commencement of the immediately subsequent breeding season. If Mare Owner fails to exercise the right to rebreed Mare in the immediately subsequent breeding season, Mare Owner’s right to rebreed will be cancelled.
4. No Representations. Stallion Owner makes no representations or warranties as to the potential of Stallion to achieve or maintain success as a producer of quality offspring. Should Stallion die or become unfit for breeding for any reason, this Agreement shall be terminated, void and of no legal effect, and the Parties shall be relieved of any further obligation hereunder. Upon termination of this Agreement, except for those fees indicated as being non-refundable, all fees tendered by Mare Owner hereunder shall be refunded. UNLESS SPECIFICALLY STATED HEREIN, ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO ANY PRODUCTS OR SERVICES PROVIDED BY STALLION OWNER, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
5. Breeder’s Certificate. Except as otherwise set forth herein, upon notification to Stallion Owner of the birth of the Mare’s foal, a Breeder’s Certificate will be issued to Mare Owner after all fees and expenses have been paid in full by Mare Owner to Stallion Owner.
6. Merger, Entire Agreement and Severability. This Agreement contains the entire understanding of the Parties concerning its subject matter and there are no oral or written promises or representations upon which Mare Owner is relying except as expressly set forth herein. This Agreement may be modified only in writing executed by all Parties. Headings used herein are for convenience only and are not part of this Agreement. The invalidity or unenforceability of any term of this Agreement shall not affect the validity and enforceability of any other term.
7. Waiver. The rights and remedies of the Parties are cumulative and not alternative. Neither any failure nor delay by any Party in exercising a right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any right, power or privilege shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege.
8. Miscellaneous. This Agreement shall commence on the Effective Date and continue until and including July 1st of the same calendar year. Either Party may cancel and terminate this Agreement during the Term upon 60 days written notice to the other Party. This Agreement shall be construed and governed by the laws of the State of Texas and venue for all disputes shall be proper in Denton County, Texas. In any dispute arising in any manner out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs, including pre-litigation investigation and preparation.
THE UNDERSIGNED, HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE LEGALLY BOUND BY SAME.
Collection Days: M/W/F: February 5 – June 28, 2024
This Information Sheet is incorporated into and made a part of that certain Stallion Services Agreement executed contemporaneously herewith by and among the undersigned parties.
This Fee Schedule is incorporated into and made a part of that certain Stallion Services Agreement executed contemporaneously herewith by and among the undersigned parties. Any capitalized terms not specifically defined herein shall have the meaning ascribed to it in the Stallion Services Agreement.
All fees shall be paid by Mare Owner by check or credit card
*If more than one embryo or foal result from a breeding, Mare Owner agrees to pay an additional Stallion Fee for each embryo or resulting foal.
TO ORDER/CANCEL/CONFIRM: TEXT Leslie at (940) 324-5952: TEXTS ARE GONE THRU THE MORNING OF COLLECTION
Cooled, Transported Semen. The Parties agree as follows if Mare Owner is to receive transported semen from Stallion Owner:
1. Reservations. Mare Owner is responsible for contacting Stallion Owner to determine Stallion’s days of collection. Mare Owner is further responsible for requesting shipment of the semen before 5:00 p.m. CST on the business day preceding Stallion’s requested collection day. Mare Owner shall provide Stallion Owner with the address for shipment at the time of reservation. Stallion Owner must receive notice of cancellation of a shipment request by 8:00 a.m. CST on the requested day of shipment. If Mare Owner fails to cancel a requested shipment by that time, Stallion Owner may, in its sole discretion, charge Mare Owner the Cancellation Fee. We prefer that all orders are placed and confirmed by TEXT to (940) 324-5952. 2. Semen Handling. All cooled semen will be transported in an Equisaver shipment container. If frozen semen is shipped via Vapor Shipper, Mare Owner agrees to return Vapor Shipper to Stallion Owner within 10 days. If the Vapor Shipper is not returned within 10 days of shipment to Mare Owner, above late fee will be charged. If Vapor Shipper is lost or otherwise damaged beyond repair, Stallion Owner may charge a replacement fee.
Mare Owner shall deep horn inseminate the Mare within 24 hours after receipt of semen.
3. Shipment Limits. Stallion Owner reserves the right, in its sole discretion, to: (a) set a limit of 1 shipment of semen per mare per breeding cycle, and no more than 5 shipments of semen per mare per breeding season; (b) refuse any shipment if the terms of this Agreement are breached by Mare Owner or if Stallion Owner determines that any shipment would frustrate the purposes of this Agreement; (c) require Mare Owner to transport Mare to Stallion Owner’s facility or a reputable third party facility of Stallion Owner’s choosing, to be bred to Stallion. 4. Breeding. Mare Owner is responsible for breeding Mare by artificial insemination and agrees to comply with all applicable rules and regulations concerning the use and handling of semen and agrees that a licensed veterinarian will perform the insemination of Mare. STALLION OWNER MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, WITH RESPECT TO: (A) THE SEMEN, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (B) THE DELIVERY OF THE SEMEN WITHIN A CERTAIN TIME PERIOD OR METHOD; (C) THAT THE SEMEN WILL SAFELY REACH THE INSEMINATION POINT WITHOUT DAMAGE, VIABILITY, CONTAMINATION, OR LOSING INTEGRITY, QUALITY, OR OTHER CHARACTERISTICS; AND (D) THE SERVICES OF ANY THIRD PARTY BREEDING FACILITY.
