What Our Breeding Forms Include

Purpose and Intended Use:

• For stallion owners, breeders or other parties standing a stallion.
• Equine contract designed for on-site breeding via live cover or artificial insemination at stallion owner’s facility (or other facility where stallion is standing).
• Not designed for off-site breeding via shipped semen. For shipping semen, see Shipped Semen Agreement.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying the stallion (breed, gender, age, registration number, etc.).
• Information identifying the mare to be bred (breed, gender, age, registration number, etc.).
• Beginning and ending dates of the breeding season.

Payment and Fees:

• Booking Fee — amount and due date, whether it is credited toward the breeding fee or not.
• Breeding Fee — amount and due date.
• Acceptable forms of payment.
• Right to change fees upon notice to mare owner.
• Space to fill in additional services and fees.
• When payments are due.
• What constitutes a late payment.
• Fees for returned checks and other dishonored payments.

Termination:

• Either party can terminate upon 30 days’ notice for any or no reason.
• Stallion owner can terminate for cause at any time (e.g., if the mare owner breaches the agreement).

Live Foal Guarantee Clause:

• Definition of “live foal.”
• Limitations on rebreeding rights.
• Conditions voiding live foal guarantee (e.g., if mare not vaccinated).

Protections for Stallion Owner:

• Can’t substitute another mare without stallion owner’s permission.
• Mare owner represents and warrants they are the sole lawful and registered owner of mare and have all rights to enter into breeding contract.
• Mare owner assumes risk that stallion might pass on undesirable genetic conditions or other traits to the foal.
• Mare owner assumes all risks of breeding the mare.

What Happens If:

• Stallion is sold.
• Stallion cannot complete the breeding season.

Purpose and Intended Use:

• For stallion owners, breeders or other parties standing a stallion.
• Equine contract designed for shipping semen to mare owners (or equine reproductive facilities).
• Not designed for on-site breeding. For on-site breeding, see On-Site Breeding Agreement.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying the stallion (breed, gender, age, registration number, etc.).
• Information identifying the mare to be bred (breed, gender, age, registration number, etc.).
• Beginning and ending dates of the breeding season.

Mare Health:

• Mare owner represents that mare is healthy and sound.
• Mare owner required to provide vet records and breeding history.

Payment and Fees:

• Booking Fee — amount and due date, whether it is credited toward the breeding fee or not.
• Breeding Fee — amount and due date.
• Acceptable forms of payment.
• Right to change fees upon notice to mare owner.
• Space to fill in additional services and fees.
• When payments are due.
• What constitutes a late payment.
• Fees for returned checks and other dishonored payments.
• Delivery methods and associated fees.
• Fees for shipping and collection.

Protections for Stallion Owner:

• Mare owner represents and warrants they are the sole lawful and registered owner of mare and have all rights to enter into breeding contract.
• Mare owner can’t use semen on any mare other than that specified in contract.
• Mare owner responsible for insemination and monitoring mare’s fertility and pregnancy.
• Insemination must be performed by vet or equine reproductive technician.
• No embryo transfers without stallion owner’s permission.
• Mare owner assumes risk of collection or shipment failures.
• Mare owner assumes risk that stallion might pass on undesirable genetic conditions or other traits to the foal.
• Mare owner assumes all risks associated with inseminating and breeding mare.

Collection and Shipping:

• Preferred collection days.
• Notice required for semen shipment.
• Delivery methods and associated fees.
• Fees for shipping and collection.

Live Foal Guarantee Clause:

• Definition of “live foal.”

Purpose and Intended Use:

• Equine contract designed for leasing a mare for breeding. Suitable for mare owners and lessees.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying mare to be leased (breed, gender, age, registration number, etc.).
• Mare’s vaccination and breeding records.
• Whether mare will come to lessee in foal, nursing or open.
• Beginning and ending dates of lease.
• Cost of lease and payment of mare’s expenses during lease.

Breeding Rights:

• Stallion to whom mare can be bred.
• Who will own foal resulting from lease.
• Who pays breeding fees.
• Provisions for registering foal.

Protections for Mare Owner:

• Lessee agrees to provide specific standard of care for mare during lease.
• Owner has the right to examine mare during lease and end lease early if mare is not being properly cared for. If lease ends early, foal belongs to mare owner rather than lessee.
• Lessee assumes all risk of injury to or loss of mare during lease, agrees to pay mare owner the mare’s market value if mare dies, is lost or stolen.
• Lessee assumes all risk of injury to or loss of foal resulting from lease.
• Lessee agrees to pay mare owner a specified sum if mare becomes breeding unsound or develops certain other specified conditions during lease.
• Lessee agrees to indemnify mare owner if certain legal claims relating to mare arise during lease.

Purpose and Intended Use:

• Equine contract designed for sale or purchase of an equine embryo.
• Designed to protect both the seller and the purchaser.

The Basics:

• Clauses in every Equine Legal Solutions contract.
• Information identifying donor mare for embryo (owner, breed, gender, age, registration number, etc.).
• Information identifying sire of embryo (owner, breed, gender, age, registration number, etc.).
• Information identifying recipient mare (owner, breed, gender, age, registration number, etc.).
• Status of embryo (whether donor mare has been bred, and if so, whether embryo has been transferred to recipient mare)

Payment Terms:

• Parties can choose options for lump sum payment or installment payments.
• Provisions for late fees, interest and bounced checks.

Insurance:

• Parties specify who is responsible for obtaining and paying for insurance on donor mare, recipient mare and embryo.

Recipient Mare:

• Parties specify who is responsible for providing (or obtaining) recipient mare and, if applicable, entering into a lease contract for the recipient mare.
• Parties specify who is responsible for care and expenses for recipient mare.

Embryo Transfer:

• Parties specify who is responsible for embryo transfer (if applicable), including costs.

Live Foal Guarantee:

• Seller specifies whether live foal guarantee is offered, and if so, what the terms are.

Protections for Seller:

• Seller has lien on embryo (and resulting foal) for payment under the contract.
• Other than as specified in the live foal guarantee (if any), buyer assumes all risk of loss of the embryo.
• Other than as specified in the agreement, seller is not responsible for any commissions to any third parties.
• Disclaimer that seller is not responsible for stallion owner’s failure to honor breeding contract.
• Provision that if buyer chooses not to get prepurchase veterinary examination on donor mare, buyer assumes all risk that donor mare might not produce viable embryo.
• Disclaimer of all representations and warranties not otherwise specified in agreement.

Protections for Buyer:

• Seller represents and warrants that seller is sole owner of embryo and has unrestricted rights to sell.
• Parties can specify live foal guarantee.
• Buyer has opportunity to perform prepurchase veterinary examination on donor mare.
• Other than as specified in the agreement, buyer is not responsible for any commissions to any third parties.