Stallion Breeding Contracts
Stallion breeding contracts should always be in writing ; and the higher the stud fee , the more important it is that good business methods prevail . Neither " gentlemen ’ s agreements ” nor barn-door records will suffice .
From a legal standpoint , a stallion breeding contract is binding to the parties whose signatures are affixed thereto . Thus , it is important that the contract be carefully read and fully understood before signing .
As a result of numerous requests from both stallion and mare owners , I have prepared the sample Stallion Breeding Contract below .
An Incentive Basis
In addition to the provisions made in the Sample Stallion Breeding Contract , consideration should be given to incorporating an incentive basis . Here are some guidelines for the latter :
Generally , stallion owners guarantee a live foal , which means that the foal must stand and nurse ; otherwise , the stud fee is either refunded or not collected , according to the stipulations . Of course , it is in the best interest of both parties that a strong , healthy foal be born . One well-known horse establishment reports that the records reveal that of all mares settled during a particular three-year period , 19 percent of them subsequently either resorbed or aborted feti , or the foal or mare died . Further , their investigation of these situations showed that the vast majority of these losses could have been averted by better care and management . They found many things wrong — ranging from racing mares in foal to turning them to pasture where there was insufficient feed . To alleviate many , if not most , of these losses - losses that accrue after the mare has been examined and pronounced safe in foal , then taken away from the stallion owner ’ s premises - the author suggests that an incentive basis be incorporated in the stallion breeding contract . For example , the stallion owner might agree to reduce the stud fee ( 1 ) by 10 , 15 , or 20 percent ( state which ) provided a live foal is born ; or ( 2 ) by 25 to 33-1 / 3 percent provided the mare owner ’ s veterinarian certifies that the mare is safe in foal 30 days after being removed from the place where bred , with payment made at that time and based on conr ception rather than the birth of a live foal .
SAMPLE STALLION BREEDING CONTRACT ( To be executed in duplicate for each mare ; one copy to be retained by each party )
This Contract for the breeding season of ( year ) made and entered into by and between ( owner of stallion ) ( address )______________________________, hereinafter designated Stallion Owner , and ( owner of mare ) ( address ) hereinafter designated Mare Owner .
This Contract covers The Stallion , ( name of stallion ), whose service fee is $____________ ____________ of which is paid with this Contract , and the balance of $___________ will be paid before the mare leaves ( name of farm / ranch ) AND ----------------------- ----------- The Mare , ( name of mare ), Reg . No . _______ by ( sire ) out of ( dam ) age
, bolor
The Mare Owner agrees that - upon arrival , uhe Mare will : ( a ) be halter Droken ; ( b ) have the hind shoes removed ; and ( c ) be accompanied by a health certificate signed by a veterinarian , certifying that she is healthy and in sound breeding condition . Stal _ ion Owner will not be responsible for accident , disease , or death to the mare , or to her foal ( if she has a foal ). Stallion Owner may , at his discretion , have his veterinarian ( a ) check and treat the mare for breeding condition or
assesses , ana ^rea . .. er xor parasiues if needed ; with the expense of such services charged to Mare Owner ' s account and paic wnen the mare leaves the farm or ranch .
Ke will pay the following board on his mare at the time the mare leaves the farm or ranch ;
/ day
Feed and facilities :
erinar^ar-1 w^^ij^f^ve^vsh^sueh0^ ** 10 ' 1^ !! ^ f ° al d ‘ e at birth > he wil1 send notice of same , signed by a licensed veterinarian wu ^ five da^s o . such barren determination or death .
^noula ho fail t « o deliver the above t . n Qi i ■ ; 1 t \ _ _
be under no further obligation with resoect to anv^J ? ™er S Premises on or before ( date )________ , Stallion Owner shall This Contract shall not be assignS or SaSe^ " S6t f ° rth '
mediately become due and Dayable and no refund f^ the event the mare is sold- any remaining unpaid fee shall ira- _ _ " a due anyone under the circumstances . ihe Stallion Owner agrees that -
He will provide suitable facilities for the mar d Mare Owner will not be responsible for anv 6 & nd fe6d an <* care ^or h0r in a good and ( husbandlike manner . A live foal is guaranteed - meaning a foal ♦■v , S ? aSe ’ accident or injury to Stallion Owner s horses .
to mn siand up ‘ ione and nurse-
• withi the v
, this Contract shall become null and void^nd^^^- "° r ^ervdce • or should the above named mare die or become unfit to -hould the mare prove barren , or should the to i P & 1C as part this Contract shall be refunded to Mare Owner . sp < ' fied * Scallion Owner has the otvm G at with certification of same provided to Stallion Owner
n ,.» r . the foUwingyear- ° r M refund
( dat 19 tha ? entire contract . uring the breeding season ; and she will not be bred before
( di
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6r or ^presentative ) - ( address ) ion
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