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
( da *
6r or ^presentative)-( address) ion
( address)