Canadale Mountain Man #00/108 Section A, License # DP 195, Vol. 22 Dales Pony Society, UK Stud Agreement 2006 Fees and Payment Arrangements: **1. Stallion fee, of $1,000.00 to Dales mares, includes a non-refundable booking fee of $100.00, to be submitted with signed contract. **2. Fees for cooled semen are: *a. Stallion collection/lab fee of $________________ *b. Shipping, return shipping/insurance charges of $______________per shipment. *c. Equitaner deposit of $300.00, fully refundable, upon receipt of the Equitaner within 48 hours of receipt. Deposit is subject to a late fee of $100.00 after 48 hours and forfeited after 72 hours. Equitaner must be in its original usable condition or be subject to damage charges to be deducted from the deposit, within the time allowed to return. Conditions for Chilled semen shipping and breeding: *a. Collects/ships semen within 2 days notice of mares cycle. *b. Warranties that semen quality is sufficient to impregnate mare at the time of shipping and guarantees that every reasonable effort will be taken to insure semen arrives in the same condition. Breeder takes no responsibility for how the carrier handles the Mare owners shipped semen, including lost or late delivery, or even opened Equitaners. A semen sample is retained by breeder to verify semen quality at the time of shipment. *c. Guarantees Breeder will ship semen to Mare Owner via Federal Express, UPS, DHL, or similar overnight service, intended to reach mare owner within 24 hours of collection. *d. Improper handing of semen shipment may compromise quality once semen leaves Breeders possession and is given to courier for shipments. Breeder, its agents, assigns, or employees are not responsible for ensuring semen quality once semen leaves Breeder's possession and is handed to courier for shipment. Mare Owner: **A. Agrees to contact breeder by noon, MST, the day before semen is to be collected and shipped. Two days notice is preferred. ANY cancellation, MUST be made before stallion is to be collected, or mare owner will be responsible for associated expenses, minimally $50.00 on top of the booking deposit. **B. Agrees that ONLY a licensed veterinarian may open the Equitaner and inseminate the Mare. If proceeding veterinarian differs from the one listed in original contract agreement, that licensing information needs to be on file with the Stallion owner, BEFORE insemination proceeds. Veterinarian must initially inseminate the mare the same day shipment is received. Failure to comply with this paragraph will void any guarantee provided in this contract. **C. Agrees to use semen for designated mare ONLY. **D. Agrees to notify Breeder immediately if semen quality is of poor or questionable quality for impregnating mare. Rebreeding: **A. Breeder agrees to diligently try to settle mare, however, if mare fails to settle, for ANY reason, Mare owner waives and releases Breeder, its agents, assigns or employees of any liability. **B. Stallion fee includes breeding by artificial insemination of designated mare in the current or following breeding season for up to 6 breeding attempts. A substitute mare may be designated for the remainder of the breeding attempts within the current and/or following breeding season. If the mare fails to settle after her third cycle when breeding was attempted, she must have a diagnostic evaluation at the Mare owners expense, to determine suitability for breeding. *1. If she is found to be unsuitable for breeding, a substitute mare may be designated for AI for the remaining breeding attempts, in the same, or following season. To designate a substitute mare, Mare Owner must provide documentation to Breeder, that the original mare is not in foal, from the veterinarian on file. *2. Mare owner agrees to pay for additional AI expenses associated with additional attempts. *3. The maximum number of breeding attempts per Stallion are limited to 6 per contract, regardless of the number of mares/substitutes. Mare Owner must enter into a new Stallion breeding contract for additional breeding attempts after six breeding attempts with any mare. Limited Guarantees/Warranties: **There are no warranties which extend beyond the description on the face hereof. Breedings are done on mares, "as is" and are subject of all the faults of the mares, stallions, semen and ordinary faults of the trade. In particular, Breeder makes no warranties of merchantability and breeder makes no warranties of fitness of a particular purpose outside of what the breed standard declares. **A. Live Foal Guarantee(LFG): *Breeder's sole guarantee, subject to and limited by all exclusions of guarantees and warranties and subject to all limiting conditions and conditions precedent all contained herein, is the "Live Foal Guarantee". Breeder guarantees that Mare Owner will through breeding, either, a) obtain a newborn foal, which stands and nurses, or b) Mare Owner may rebreed during the current breeding season, or flowing year, under the terms of this contract (paragraphs under Rebreeding). Shipping and collecting costs may be subject to change. **B. Conditions of LFG: *Mare owner: **Must comply with all the terms and conditions within this contract. In addition to the conditions contained elsewhere in this contract, the following conditions must be strictly complied with: * * Must have the mare ultrasound for pregnancy, 21-35 days after insemination at Mare Owners expense, and Mare owner must notify Breeder immediately thereafter, that a pregnancy exists, either by phone, fax, email or letter. **Must booster pregnant mare with pneumobort vaccinations as per veterinary guidelines, or drug manufacturer specifications. **Must notify Breeder of death of newborn foal within seven days of death, and of miscarriage within 30 days by certified letter. **Must keep possession of contracted Mare, unless otherwise agreed to in writing by Breeder and Mare owner. If the above specified mare dies or becomes unfit to breed, Breeder will accept another mare as a replacement as set forth in the Rebreeding paragraph. *It is further agreed that should the above named stallion die or become unfit for service, the Live Foal Guarantee shall be void and negated. This contract will be terminated without notice, and in such event, any unused fees will be refunded to the Mare owner. Should the above named stallion be sold, the Live foal guarantee, along with the agreements made within this contract, will transfer to the new owner. *Breeders Certificate: **A breeders certificate will be issued for the foal conceived by this breeding, when stallion fee and all other expenses have been paid in full, and when mare has produced a live foal by this breeding. Breeder or its agent agrees to execute all necessary documents of the registration of the offspring of the breeding in accordance with the appropriate registry's specifications. *Liability and Indemnification: **Both parties agree that the Breeder and any person associated with the Breeder is not liable for death, sickness and/or accident involving the mare and/ of foal, and that the Mare owner is not liable for the death, sickness or accident, caused to the Stallion. *Termination: **Either party may terminate this Agreement, for failure of the other party to meet any material terms of this agreement. In the case of any default or breach by one party, the other party shall have the right to recover attorney fees and court costs incurred as a result of said default. *Governing law: **This contract is entered into in the State of Colorado and will be interpreted and enforced under the laws of this state. *Entire Agreement: **This contract represents the entire agreement between two parties. No other agreements or promises, verbal or implied are included, unless specifically stated in this written contract, or within an ammended contract signed by both parties. As this contract is signed by both parties, it will become binding on both parties, subject to the above terms and conditions. Dated: For service on or about: Breeder Signature; Address: 4590 Arrowhead Drive**** Colorado Springs, CO 80908 719-495-8013 home, 303-503-8560 cell, Email: Perennialdales@aol.com Semen collection Agency: Mare Owner signature: Printed: Address: Telephone Numbers: Email; Name of Mare/Registration #: Breed: Color & Markings: Attending Veterinarian information: Name: License# Phone: Specialty;