THREE POINT FARM
BREEDING CONTRACT

This agreement, made and entered into this______day of________________, 20____, by and between Three Point Farm (stallion owner, breeder) and __________________________________________, hereinafter referred to as the mare owner. The stallion : Registration number                                       will be bred to the mare named                                     Breed and registration number,                                               sired by                                         , and out of the dam                                                  The mare is                  years old , following is a complete color description __________________________________________________________________________________­___

1) The stallion at the fee of $________ , includes a non-refundable booking fee of $  $100.00  payable with this contract. The balance of which must be paid before services are rendered

2) Breeder agrees to provide suitable facilities for the care and feeding of mare and/or foal while in his custody. Mare owner agrees to pay for the care and feeding at the rate of $ 8.00 or $ 11.00 (w/foal) per day.


3) Breeder will exercise judgment in care and supervision of mare and/or foal. Breeder's veterinarian will examine mare for normal breeding conditions and will administer medical care as deemed necessary for the health and safety of the mare and/or foal.

4) Mare Owner agrees to pay to Stallion Owner the agreed stud fee including booking fee in U.S. funds. Shipped Semen Breedings: Payment of stud fee including booking fee as well as shipped semen is due before shipment of semen to the location designated by Mare Owner. On Farm and Live Cover Breedings: Payment of booking fee is due when contract is returned to Stallion Owner, and must be paid before Mare is brought to Stallion Owner to ensure Mare a booking. Balance of stud fee and all mare care, veterinary, and other incurred charges are due in full when Mare is picked up from Stallion Owner's Farm after the first breeding cycle. If Mare resides at Stallion Owner's farm for more than thirty (30) days, billing for mare care, veterinary, and other incurred charges will be made on a monthly basis.
 Mares that are not halter broken will not be accepted.

5) The Mare owner agrees to the following:

a. The arrival of the mare will be coordinated with the stallion owner so as to provide that the mare arrives approximately one (1) week before going into heat; we will not allow daily trailering in and out of the mare for breeding. She must remain on the farm until breeding is complete.

b. Upon arrival the mare owner will have had hind shoes removed from the mare(Foe live cover only). Will have a certificate indicating current (within 1 years time) negative coggins test, negative uterine culture recommended , and a veterinarian's health certificate stating vaccination of:
-Encephalomyelitis
-Flu
-Tetanus
-Rhino
-Potomic horse fever (recommended)
-Strangles (recomended)
- Rabies, WNV (recommended)
 
6) If previous requirements are not met, Breeder's veterinarian will examine and/or test the mare at the mare owners expense. Breeder reserves the right to refuse mare if not in proper condition. Should any exam reveal any condition of said mare, which should render it unlikely said mare would conceive and/or carry a foal to term, mare owner shall be so informed, and at stallion owner's discretion, this contract shall become null and void, with the stud fee minus the booking fee refunded in full to the mare owner.

7 Breeder agrees to diligently try to settle mare; however, if mare fails to settle, for any reason, Mare Owner will hold Breeder blameless. Mare Owner agrees to give Breeder ample opportunity to settle mare. Mare Owner is solely responsible for having a licensed veterinarian examine said mare for pregnancy between 45 and 70 days of gestation.

8 If the Mare Owner's mare is barren, aborts, or fails to produce a live foal that stands and nurses as a result of the breeding, Stallion Owner will allow Mare Owner another breeding privilege of the Mare to Stallion (or a substitute mare if acceptable to Stallion Owner). The live foal guarantee is expressly contingent upon the mare owner properly caring for the pregnant mare. Proper care shall include, but shall not necessarily be limited to, proper feeding and nutrition, regular deworming with products approved for pregnant mares, vaccinations that are customary in the mare owner's geographical area, (including Rhino at 5,7,and 9 months) and proper intervention during foaling if necessary.If the mare is not covered, bred or delivers a live foal within 3 (three) years, starting from January first (1st) of the year the contract was signed, the contract will be null and void and no refunds, rebreedings, or fees will be returned/given to Mare Owner.

9) Stallion Owner makes the following warranties and disclaimers, and Mare Owner accepts each one:
 
a.Stallion Owner is the sole owner of the stallion referenced in paragraph 1, above, and has full authority and power to transfer title to a breeding season to Mare Owner. The season granted under this contract is free from liens and encumbrances.
b. Stallion Owner, its agents, employees, and representatives, and/or assigns, shall not be responsible for any disease, injury, death, theft, or accident to the Mare (and foal, if any, at mare's side).
Mare Owner warrants to Stallion Owner that Mare Owner is the owner (or Lessee of record) of the designated mare which Mare Owner will present for breeding to Stallion during the designated breeding season under this Agreement.
a. Mare Owner will be solely responsible for seeking registration of the resulting foal in the appropriate breed registry/registries and will pay all associated fees or expenses, including any applicable futurity and incentive fund type program expenses of the foal. It is Mare Owner's responsibility to determine registration possibilities of potential foal, including breed association
b. Mare Owner will pay Stallion Owner's costs and expenses (including reasonable attorney's fees) if Mare Owner has breached any material term of this Agreement.
c. Mare Owner will provide recent negative uterine culture for Mare (within 30 days of breeding) as well as up to date breeding history and inoculation record and copy of any and all of mares registration papers to ensure accurate reporting on breeding reports.
d. Puddle Jumper comes with a “Live color foal guarantee”(ex.; tobiano coloring). If you foal is solid - Grey mares will have colored foals that may turn grey. You may rebreed to Puddle Jumper with no stud fee being owed. Booking, collection and shipping fees may apply.
NOTE: If Mare Owner is a partnership or business entity, Mare Owner must present sufficient proof to Stallion Owner that the signing party has authority by the entity to execute this Agreement .

10) It is further agreed that should the above named stallion die, be sold, or become unfit for service, the contact may be transferred to one of the other stallions standing at/or owned by Three Point Farm. Further charges may apply. No refund of stud fee or booking fees will be offered.  Should said mare die, or become unfit to breed before being announced safe in foal, the Breeder will accept another mare, provided she meets the above-mentioned health requirements.

Three Point Farm assumes responsibility only to deliver live semen which is in viable condition at the time of delivery. The mare owner shall assume all responsibility for the condition of the mare and shall bear all risk of loss or damage to the mare whatsoever by death, disease, injury, infection, or otherwise, and by any cause whatsoever, and therefore releases, indemnifies, discharges, and holds harmless Stallion Owner, and their respective agents, employees, representatives, assigns, affiliate persons, and/or others acting on their behalf, from any liability for any and all damages associated herewith. The mare owner hereby agrees to pay all expenses and attorney's fees incurred by Stallion Owner in defending any claims for which the mare Owner has agreed to release, discharge, indemnify and hold harmless Stallion Owner and their agents, employees, representatives, and assigns

11) All billing statements and invoices shall be paid to Three Point Farm within ten days of the billing date. Interest at the rate of one percent (1 %) per month shall be charged on all balances unpaid and overdue for 30 days, and Mare Owner hereby agrees to pay such interest and concurs that said interest is a reasonable charge on overdue accounts. If the customer fails to pay any amount due hereunder for more than 30 days after the billing date Three Point Farm may immediately accelerate all other amounts due under this contract upon written notice to the mare owner, and all amounts so accelerated shall be immediately due and payable. In addition, if the mare owner fails to pay any amount due hereunder for more than 30 days after the billing date, Three Point Farm is not obligated to perform further under the contract until all past-due amounts have been paid current.

Should mare for any reason be left at the breeder's facility for thirty (30) days without any fees being paid, breeder has the right to sell the mare to meet any and all expenses incurred by the mare in the breeding process. Any and all funds in excess of the expenses incurred by the mare and the Mare owner shall be returned to the mare owner at his/her last known address.


12) This contract is non-assignable and non-transferable. In the event that the mare is sold or otherwise disposed of prior to the birth of the foal, the “Live Foal Guarantee” will no longer be valid, Unless arrangements have been made with Stallion owner.


13) Each and every term and condition of this agreement shall be deemed to be material. Time is of the essence. Should it be necessary for one party to seek to enforce the terms and conditions of this agreement in a Court of Law, the prevailing party shall be entitled to an award of reasonable attorney fees and costs. This contract is entered into in the state of Pennsylvania and will be interpreted and enforced under the laws of the state of Pennsylvania.


14) For Transported Semen/ Artificial Insemination, an additional contract must be completed prior to the first shipment of semen.


15)Additional conditions:_______________________________________________________________
____________________________________________________________________________________

16) This contract represents the entire agreement between both parties. No other agreement or promises, verbal or implied, are involved unless specifically stated in this written contract. When mare owner and breeder sign this contract, it will be binding on both parties, subject to the above terms and conditions.

_________________________                                      _______________________________________
Breeder's (or agent) signature                                         Mare owner (or agent) signature & Soc. Sec #

 Three Point Farm                                                               Address:_____________________________       
9039 Williams Rd                                                                                _____________________________
North East, PA 16428                                                                          _____________________________

Telephone: (814) 725-1853 /(814)873-9409 Cel          Telephone____________________________
(814)725-6844 Barn
Equipment accompanying mare:(halter, blanket, etc.)_____________________________
_

 Card Holder Authorization:
Credit Card: Visa MasterCard Discover American Express

# Exp. Date:

Name of Card holder:_________________________________________
Card Holders Address:________________________________________
City, State, Zip:______________________________________________
Phone Number:______________________________________________
I hereby authorize Three Point Farm to charge my credit card for breeding charges:____________________________________________________