Subject to the following terms and conditions, I the undersigned (hereafter "MARE OWNER"),

to the stallion / jack named __________________________________,

owned / managed by

________________________________________________________________________,
(hereafter "SIRE OWNER"),

during the ____________ breeding season. In consideration for this breeding, MARE OWNER agrees to pay the stud fee of $__________, in full, in advance, as well as any additional charges involved for board, insemination and care costs, or for semen shipping, as specified in the Pacific International Genetics current fee schedule. I understand that I must return one signed and dated copy of this contract, the attached Mare ID form, the stud fee, and any applicable deposits on semen shipping containers, to Pacific International Genetics, to initiate this contract.

I also understand that in order to retain rebreeding rights under the live-foal guarantee provision herein, that I must also return the completed and signed Veterinary Certificate of Insemination and Pregnancy Examination later each season for all breedings performed by shipped semen.

1. SIRE OWNER agrees that if the stud fee is paid, and should said mare subsequently, as a result of this breeding, not deliver a live foal (or foals), that can stand and nurse, the stud fee shall be carried forward for a second breeding season. A breeding season is the same as the current calendar year. The stud fee shall be carried forward only one season, however; thereafter this contract shall be deemed fulfilled even if said mare, or her substitute (see Paragraph 2), still fails to conceive or to deliver a live foal (or foals) the subsequent season. Should the stud fee charged by SIRE OWNER change between the first and second year of this contract, MARE OWNER shall not be responsible for the difference prior to rebreeding. Once a live foal (or foals) has been delivered, and said foal or foals can stand and nurse unassisted, this contract has been fulfilled in its entirety by SIRE OWNER.

    

2. Should the mare booked herein fail to conceive and carry a pregnancy the first season, substitution of another mare in her place may be allowed at the sole discretion of the SIRE OWNER.

    

3. The stud fee will be carried forward, and the live-foal guarantee is valid, ONLY if MARE OWNER has properly maintained the health of the mare, and verifies the mare's pregnancy loss, stillbirth, or newborn foal death by providing SIRE OWNER with an original, signed and dated veterinary certificate, on the veterinarian's own practice stationery, clearly stating the following:
   1. Identification of the mare named herein
       
   2. Verification of the loss of pregnancy or stillbirth
       
   3. Autopsy or other pertinent examination of mare, foal, and/or placenta with an explanation, if possible, for the abortion/stillbirth/foal death; and
       
   4. Verification that, in the veterinarian's best judgement, the mare was maintained in a reasonable state of #9; health and under reasonable conditions, including all vaccinations and deworming as recommended by the veterinarian, including but not limited to vaccination against Rhinopneumonitis, and that monitoring of the mare around the time of foaling was adequate enough to reasonably detect and attend to any foaling difficulties.
       

   SIRE OWNER must receive this certificate within thirty (30) days of the discovery of the mare's pregnancy loss or foal death, and in any case prior to further rebreeding of said mare or semen shipments to said mare.

    

4. It is further agreed that if either the sire or the mare to which this contract pertains should die, or otherwise become unfit for service PRIOR to the first breeding of said mare, by whatever means, then the stud fee, and any remaining deposits on semen shipping fees shall be refunded within thirty (30) days, and this contract shall then become null and void. Should the sire die or become unfit for service later in the life of this contract, and frozen semen is available to fulfill SIRE OWNER'S obligations under this contract, then MARE OWNER shall be so supplied with frozen semen as a replacement for other methods of breeding, subject to the deposits required per the then-current semen shipping fee schedule. Should the mare die or become unfit for service later in the life of this contract, then a substitute mare shall be allowed for the balance of the contract term, at SIRE OWNER's discretion.

    

5. Mares to be bred under this contract as donors for any embryo transfer attempt shall incur a higher stud fee than that applying to mares bred to carry their own foal. This stud fee is $________, which takes into account the statistically expected percentage of viable embryos which either may not be recovered, or which do not transfer successfully, through no fault of the SIRE OWNER; thus reasonably compensating SIRE OWNER for the extra breedings thus required to still provide MARE OWNER with a live-foal guarantee for the donor mare (and her embryo recipient). In this instance, "mare" refers to EITHER the donor mare named herein, or to her embryo recipient, for the purposes of this contract. The embryo recipient must also be identified on a Mare ID Form to initiate this contract. MARE OWNER hereby agrees and certifies that said embryo transfer(s) shall be performed by a licensed veterinarian knowledgeable and experienced in such procedures.

    

6. Recognizing that not all Breed Registries yet recognize the use of frozen and/or cooled semen, or embryo transfer, for the purpose of registering resulting offspring, it is the MARE OWNER's sole responsibility to inquire with whatever Registry(s) may be utilized in registering any foal or foals resulting from the execution of this contract as to the recognition of these procedures. SIRE OWNER may provide, to the best of his knowledge, consultation regarding individual Registry rules, but is not a final authority in those rules, and cannot be held responsible for knowledge of those rules, any changes therein, or for the ultimate registerability of any foal resulting from the execution of this contract.

    

7. For mares brought to SIRE OWNER (or his agent) for breeding:
   1. Board for the mare while in the care of the SIRE OWNER shall be in accord with the current rate schedule. It is understood that MARE OWNER is responsible for any veterinary or farrier charges that the mare incurs. All such charges, and board, shall be due, payable, and paid, at or prior to the mare's departure. It is hereby agreed that if, for any reason, these bills are not paid, then SIRE OWNER shall, at his sole discretion, retain custody of said mare under the California Livestock Lien Law, and any other applicable Laws, until such time as said bills are paid in full, including all additional board, veterinary, and farrier charges that may accrue by such action. Should said mare be retained under this Law, or other applicable Law, for more than thirty (30) days, SIRE OWNER shall then have the right to sell said mare, without MARE OWNER's further consent, knowledge, or permission, and by whatever means is chosen by SIRE OWNER, in order to pay the bills so incurred. Any excess funds resulting from the sale will be forwarded within thirty (30) days to MARE OWNER. Any shortfall still outstanding shall remain a debt and may be treated as such by SIRE OWNER. Removal of said mare from SIRE OWNER's premises does not release said mare from any liens still outstanding, nor relieve MARE OWNER of the debt. In addition, should SIRE OWNER be required to invoke any Lien Law in order to collect a debt owed by MARE OWNER, then the live-foal guarantee of this contract shall be null and void.
   2. All mares, and any foals at foot, shall be dewormed upon arrival, and maintained upon a regular deworming and vaccination schedule, in accord with the receiving farm's standard policy, taking into account any written health records of said animals as provided by MARE OWNER at or prior to their arrival. Said mare shall subsequently be evaluated and monitored for reproductive soundness and breeding condition by SIRE OWNER's veterinarian prior to breeding. Such procedures may include uterine culture and/or biopsy, and may be performed by MARE OWNER's veterinarian prior to delivery of said mare to SIRE OWNER, provided that such procedures are performed within thirty (30) days of the delivery date, and that SIRE OWNER is provided with a signed statement from MARE OWNER's veterinarian upon or prior to the mare's arrival, clearly stating what procedures were done, and what the results were, including a full pathology report for all uterine biopsies. This does not apply to deworming, which shall always be done on said mare's arrival. SIRE OWNER and his veterinarian shall have sole and final discretion to repeat these procedures, or to perform any other procedures relating to the mare's reproductive evaluation and/or treatment, as they reasonably deem fit, with the understanding that MARE OWNER shall be consulted prior to performing any procedures beyond the usual cultures, AI, uterine infusions necessitated by infection, hormone injections, or biopsy, if at all possible. MARE OWNER shall be informed of the results of any biopsy procedure, positive uterine culture, and of pregnancy check results.
   3. SIRE OWNER, his veterinarian and farrier, and any employees thereof, shall not be liable or responsible for any disease, accident, or injury to said mare or foal(s) at foot while under their care, custody, and control; likewise, MARE OWNER shall not be liable or responsible for any disease, accident, or injury to the sire.
   4. It is hereby agreed that if said mare leaves SIRE OWNER's property prior to a 45 day pregnancy check, then the MARE OWNER is solely responsible for having a licensed veterinarian examine said mare for pregnancy between 45 and 70 days of gestation. A copy of the results of this examination, signed by the veterinarian, must be forwarded within thirty (30) days of the examination to the SIRE OWNER in order to retain rebreeding rights under the live-foal guarantee.

    

8. For mares bred by fresh-shipped (cooled) semen:
   1. There are shipping costs as outlined in the current-year Fee Schedule. These fees cover the cost of semen collection, evaluation, processing and packaging for shipment, shipping container rental, shipping documentation and arrangements, consultation with the receiving veterinarian as requested, air freight or Federal Express shipping charges, and any applicable courier transport of the shipment to the airport. The up- front deposit of $______ is required in addition to the stud fee, payable to_____________________________. The fees as listed shall be charged against this deposit until EITHER the SIRE OWNER is informed that said mare has conceived, or that said mare is open, and that MARE OWNER wishes to wait until the next breeding season to continue breeding said mare. MARE OWNER must then return the completed Veterinary Certificate of Insemination and Pregnancy Examination, upon receipt of which any remaining shipping deposits shall be refunded to MARE OWNER.
   2. Should multiple shipments exceed the deposit on account, MARE OWNER shall be billed the difference, and must pay these additional charges within the billing terms provided, and stated on the bill (net 30 days; accounts beyond 90 days are delinquent). It is hereby agreed that if, for any reason, these bills are not paid in timely fashion, that the live-foal guarantee provision shall not apply, and that SIRE OWNER shall be entitled to whatever reasonable attorney's fees and costs may be incurred to collect payment.
   3. MARE OWNER hereby understands that at least 24 hours advance notice must be provided SIRE OWNER for semen collection and shipment (this means 36 or more hours prior to the time that MARE OWNER is able to inseminate said mare). While many early-morning requests can be processed and shipped the same day, some stallions must be hauled a considerable distance for collection, and freight company schedules may not be ideal, making quick response difficult. Short-notice requests will always be accommodated if possible, but at the sole discretion of SIRE OWNER.
   4. MARE OWNER is responsible for having their own veterinarian perform a breeding soundness examination on said mare, including a uterine culture and cytology on all non-maiden mares, the results of which must be forwarded to, and on file with, he SIRE OWNER prior to semen shipment. For mares having poor reproductive histories, and/or those over 15 years of age, a uterine biopsy MAY be required, at SIRE OWNER's sole discretion, and at MARE OWNER's expense, either as a basis for accepting this contract in the first place, or to evaluate a mare mid-contract who is failing to conceive and/or maintain a pregnancy. Any serious problem thus discovered may be a basis for allowing a substitute mare, but will not otherwise alter or void the contract.
   5. As in Paragraph 7d, MARE OWNER is solely responsible for a 45 to 70 day pregnancy examination and the forwarding of results to SIRE OWNER.
   6. MARE OWNER hereby understands and agrees that, should the sire be away at a show or competition on the date that semen is requested, or for any other reason be unable to provide fresh semen that day, that frozen semen shall be made available to MARE OWNER as a substitute, if it is itself available (maximum 2 straws per mare per shipment). If this is acceptable to the MARE OWNER, the usual fees for shipping frozen semen shall apply, per the then-current Fee Schedule. MARE OWNER shall be responsible for the difference in shipping deposits to SIRE OWNER in advance. It is MARE OWNER's sole responsibility to keep in touch with SIRE OWNER in advance of anticipated semen requirements, recognizing that illness or unusual circumstances may render fresh semen unavailable only by last-minute knowledge on the part of the SIRE OWNER. In this situation, SIRE OWNER shall offer any frozen semen available without inconveniencing MARE OWNER by delaying shipment pending receipt of shipping deposits, though MARE OWNER shall still be responsible for payment of incurred costs and for the safe return of the shipping container. If MARE OWNER prefers not to use frozen semen, or if frozen semen on said sire is unavailable, then MARE OWNER must wait until a subsequent cycle to breed said mare, and SIRE OWNER shall not be liable for any costs thus incurred by MARE OWNER.

    

9. For mares bred by frozen semen:
   1. There are additional costs as outlined in the current Semen Shipping Fee Schedule. These fees cover the cost of loading the shipper tank with liquid nitrogen, tank rental, straw transfer and preparation of shipping documents and packaging, any requested consultation with the receiving veterinarian, required HAZ-MAT labels, and preparation of return shipping documents. The up-front deposit of $_______ is required in addition to the stud fee, payable to___________________________________________. The fees as listed shall be charged against the deposit, and MARE OWNER shall return the completed Veterinary Certificate of Insemination and Pregnancy Examination, as in Paragraph 8a.
   2. MARE OWNER hereby understands and agrees that in order to allow sufficient time for tank preparation and straw transfer, that at least 24 hours advance notice must be provided to SIRE OWNER for semen shipment (note that this means at least 36 hours prior to the time MARE OWNER is able to inseminate said mare). In addition, we normally ship frozen semen "wet", i.e. with Hazardous Materials labelling, and shipping is rarely possible on Sundays or Holidays. If storage facilities exist locally, we suggest shipping straws a week in advance, by two-day economy, which will avoid last-minute prioblems. If less than 24 hours advance notice is provided, the request will be accommodated if possible, but at the sole discretion of the SIRE OWNER.
   3. As in Paragraph 8d, MARE OWNER is responsible for having their own veterinarian perform a breeding soundness exam on said mare, and for filing the results with SIRE OWNER prior to semen shipment. The uterine biopsy requirement may also apply.
   4. As in Paragraph 7d, MARE OWNER is solely responsible for a 45 to 70 day pregnancy examination and the forwarding of results to SIRE OWNER.
   5. MARE OWNER and their veterinarian are responsible for explicitly following the instructions provided with each shipment for the proper handling, thawing, and use of frozen semen. Equipment required by MARE OWNER's veterinarian includes a temperature-controlled thawing bath, liquid nitrogen, styrofoam box, straw tweezers, incubator, and AI supplies normally used with horses. All-plastic syringes and sterile caps, or the sterile AI guns used with 0.5ml straws, are included as required with each shipment.
   6. As in Paragraph 8b, any additional charges exceeding the deposit shall be paid by MARE OWNER in timely fashion, and any failure to do so will nullify the live-foal guarantee provision of this contract, and entitle SIRE OWNER to collect any and all attorney's fees and costs incurred in collecting payment.

    

    

10. In no case shall semen be shipped or said mare bred prior to acceptance of a properly completed and signed contract by SIRE OWNER, including the payment by MARE OWNER of the required stud fee and shipping deposits. It is MARE OWNER's sole responsibility for timely delivery of all documents relevant to this contract to SIRE OWNER, and SIRE OWNER cannot be responsible for any failure of, or delay in, delivery, for whatever reason. Likewise, SIRE OWNER and his veterinarian cannot be responsible for any delays or failures in semen delivery outside of their immediate control.

     

11. It is hereby understood and agreed that shipped semen, cooled or frozen, shall be delivered to the MARE OWNER's veterinarian, designated herein by MARE OWNER:

    _________________________________________________________________________________________
    (name, shipping address, day and night telephone numbers)

    _________________________________________________________________________________________

    All inseminations must be performed by a licensed veterinarian with expertise in equine artificial insemination. MARE OWNER is solely responsible for having said veterinarian complete, sign, and return the attached Certificate of Insemination and Pregnancy Examination to SIRE OWNER at the conclusion of each breeding season.

     

12. This shall be a binding contract upon both parties when signed, and this agreement accepted by SIRE OWNER or his duly authorized agent named herein. This contract is then binding upon all heirs and assigns. Any legal action required to enforce the terms of this contract shall be subject to the Laws of the State of California, with venue in Tehama County. The prevailing party in any dispute shall be entitled to all reasonable attorney's fees, court costs, and related expenses, whether or not they are chargeable on a cost bill, as may be awarded by the court. It is agreed that the returned check charge shall be $25.00.

     

    I, the undersigned, do hereby certify that I am the MARE OWNER named herein, or a duly authorized agent or lessee thereof, and as such have the authority to enter into, and be bound by, this contract, as witnessed by my signature. I also certify that I have read and understand the terms of this contract and the attached fee schedules, seeking legal advice if I wished any clarification. The mare named herein (please initial appropriately) IS________ IS NOT________ to be bred for an embryo transfer attempt. I am hereby requesting breeding of the mare named herein to the sire named herein via ON-FARM_______ FRESH-SHIPPED (COOLED) SEMEN_______ FROZEN SEMEN_______, subject to the possible substitutions mentioned herein.

    Signed and dated in good faith:

    __________________________________________________________________________________________
    MARE OWNER / AGENT (Circle) and Address

    ___________________________________________________________
    Phone Number and Date

    _________________________________________________________________________________________
    SIRE OWNER / AGENT (Circle) and Address

    __________________________________________________________
    Phone Number and Date

     

MARE HEALTH FORM

Mare's Registered Name_________________________________________________Birthdate______________

Breed________________________________Registration #__________________________________________

Owner / Agent________________________________________________ Phone/Fax #'s___________________

Address____________________________________________________________________________________

Date Mare Due to Foal_____________________________ Date Last Foaled_____________________________

Maiden Mare?______________ Tentative Breeding Date_____________________________________________

Current Uterine Culture Results_________________________________________________________________

Current Uterine Cytology Results________________________________________________________________

Uterine Biopsy Results, if done (include date performed and ttach copy of laboratory report)_________________

___________________________________________________________________________________________

Any prior retained placenta?_____________ Any prior Caslick's?_____________ Any prior abortion?_________

Any prior early embryonic loss?_________________________________________________________________

Any past uterine infections?_____________________________________________________________________

Foaling damage or difficulty?____________________________________________________________________

Does the mare cycle regularly?__________________________ Show heat well?___________________________

Any prior or current lameness problems?___________________________________________________________

Last three years bred were_______, _______, _______. Last three years foaled were _______, _______, _______.

Most recent vaccinations and deworming; dates and products:__________________________________________

____________________________________________________________________________________________

I, the undersigned, do hereby certify that I am a currently licensed veterinarian in the State in which this mare resides, and that on this date I have examined this mare's physical and reproductive condition, including a uterine culture and cytology (if a non-maiden mare), and find her to be in good health, and in acceptable breeding condition.