Mailing: Brinkmann Ranch, PO Box 57, Frisco, Texas 75034-0057
Heza Secret Agent Breeding Contract
This certifies that ______________________here referred to as Mare Owner, has engaged one service to Heza Secret Agent AQHA 5197029, standing at The Brinkmann Ranch for the 2016 breeding season, by Brinkmann Properties Corporation ("Service Provider") subject to the following conditions. The breeding season for this contract will begin February 1 and close July 1, 2016. A photo copy of registrations papers (both sides) will be provided by the Mare Owner prior to service. The mare to be bred is ______________________________________, Reg. No.___________ Breed ________________
A.Conditions: A non-refundable booking fee of $850 is due at signing and acceptance of this contract. A non-refundable balance 'of the stud fee in the amount of $1,150 plus shipping fees are payable prior to any shipment of semen. a. Transported Cool Shipped Semen i. Prior to shipment, $300 is due for shipments requesting Next Day Delivery within the United States. ii. Prior to shipment, $360 is due for shipments requesting same day delivery by Air (Counter to Counter) within the Untied States iii. All requests for transported cool shipped semen shall be filled as received, subject to availability of semen, and at the sole discretion of Service Provider. It is hereby understood that mares located at the Service Provider's will be serviced first. iv. Semen is collected each Monday, Wednesday and Friday and the mare owner/agent must contact the Service Provider by 7:00 PM Central Time (CST) on the day prior to semen collection to insure availability. The mare owner should contact the Service Provider prior to the mare needing service to verify the days collections are performed. v. A service fee of $50 per month will be added to any outstanding balance each month beginning June 1, 2016.
B. Waiver of liability: No representation or warranties of any kind are hereby made with respect to any semen furnished hereunder except that it is the specified stallions. It is understood that the StallionOwner(s) and the Service Provider, it's owners; employees, veterinarians and guests shall not be liable for any event including but not limited to injury, illness, disability, or death of any horse receiving the semen. Under Texas law (Chapter 87, Civil Practice and Remedies Code) An equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherit risks of equine activities.
C. Rebreeds: Mare Owner shall not be entitled to a refund of fees. The Service Provider, its agents and employees, shall be held harmless of any resulting foal's with genetic diseases including but not limited to HYPP. All rights of a repeat of service of the stallion are subject to the prepayment of costs listed in Item A. There is no paint color guarantee. It is understood that if the mare proves barren, aborts her foal or if the foal is stillborn, a one-time repeat of service will be guaranteed the FOLLOWING YEAR ONLY, providing proper notification is given. The mare owner will be subject to any increases in out of pocket shipping costs. Rhino vaccinations must be administered to the mare within intervals recommended by the drug manufacturer. Failure to do this will void the Live Foal Guarantee.
D. Live Foal Guarantee: Live foal means the foal shall stand and nurse. The Mare Owner agrees that the Stallion Owner and/or Service Provider does not make any guarantee as to the quality or conformation of the foal nor that the foal will be free of infirmity, confirmation defect, disease or inherited trait.
Proper notification will be defined as follows: a. If the mare is examined to be in foal but becomes barren during gestation and Service Provider receives a veterinarian certificate of barrenness within seven days of examination. b. If the mare produces a dead foal or a live nonviable foal that is unable to stand alone and nurse and subsequently dies, a veterinarian certificate must be provided within seven days from the date of death.
E. It is further agreed that should the above named stallion die, or become unfit for service this contract shall become null and void and the breeding fee less the nonrefundable booking fee shall be refunded. At the Service Provider’s option, in the event the Mare Owner has paid the Stallion Service fees, the Mare Owner may be allowed to breed the above named Mare to another stallion at the Service Provider's that is agreed to by both the Mare Owner and Service Provider. If the above named mare dies during the breeding season then the Mare Owner may substitute another mare that is agreed to by both the Mare Owner and Service Provider.
F. Embryo Transfer Donor Mares: The Mare Owner acknowledges that only one foal per paid stud fee shall be registered in the event the Mare is an EmbryoTransfer Donor.
G.A Breeder's certificate will be issued to the Mare Owner after all expenses (as outlined in Item A.) have been paid in full (including any veterinarian services) and upon notification of the birth of the foal.
H. When the above named Mare Owner signs and returns one copy of this contract to the Stallion Owner(s) or Service Provider, together with the. booking fee, it shall be the complete and binding contract of both parties, subject to the above terms and conditions. By signing this contract the Mare Owner/Authorized Agent acknowledges he/she has read the contract in its entirety and agrees to the terms and conditions.
I. Entire Agreement; Modification. This Agreement contains the entire understanding of the Parties and shall supersede any other agreements, whether, written or oral. It may not be modified in any way without the written consent of an officer or owner of both Parties.
J. Severability. This Agreement shall be construed as to its fair meaning and not strictly for or against either Party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof. The provisions of this Agreement are severable, and if any one or more such provisions are determined to be illegal or otherwise unenforceable, in whole or in part, under the laws of any jurisdiction, the remaining provisions or portions hereof shall, nevertheless, be binding on and enforceable by and between the Parties.
K. Construction; Choice of Law and Venue. This Agreement shall be governed by the laws of the State of Texas applicable to contracts made and performed in Texas without giving effect to the choice of law principles of Texas that would require or permit the application of the laws of another jurisdiction. The Parties hereby irrevocably submit to the jurisdiction of the state and federal courts located in Collin County, Texas in any action arising out of or relating to this Agreement, and waive any other venue to which either Party might be entitled by domicile or otherwise.
L. Waiver. Except as expressly provided for herein, the failure of either Party to enforce, at any time or for any period of time, any provisions of this Agreement shall not be construed as a waiver of such provision or of the right of such Party thereafter to enforce such provision.
M. Assignment. Binding on Heirs. This Agreement may not be assigned or otherwise transferred by either Party and shall be binding upon the Parties hereto and their personal representatives and heirs.
N. Disputes; Mediation. The Parties agree that any disputes or questions arising hereunder, including the construction or application of this Agreement, shall be submitted to mediation between the Parties. Any mediation settlement by the Parties shall be documented in writing. If such mediation settlement modifies the language of this Agreement, the modification shall be put in writing, signed by both Parties and added to this Agreement as an attachment. If mediation between the Parties does not result in a mutual settlement within ninety (90) days after submission to mediation, then each Party will have the right to enforce the obligations of this Agreement as set forth herein.
O. Notices. All notices, demands or other communications by either Party to the other shall be in writing and shall be effective upon personal delivery, or if sent by mail, 72 hours after deposited in the United States mail, first class certified postage prepaid and all such notices given by mail shall be sent and addressed to the addresses set forth on page 1 until such time as another address is given by notice pursuant to this provision.
Signature of MareOwner/AuthorizedAgent:__________________________________________
Ranch Name: _______________________________Phone #: __________________________
Billing Address: ______________________________________________________________
Alternate Contact:___________________________________Alternate Phone:_____________
Brinkman Properties Corporation By: __________________________________
Name ________________________ Title______________________
Next Day Delivery shipping instructions:
Ship to Address: ______________________________________________________________
Same Day Delivery (Air) shipping instructions:
Credit Card Number: _________________________________ Type (Circle): MC V Disc AMEX
Expiration Date:___________Security code:_________ (3 digits on reverse or 4 on front if AMEX)
Name on the Credit Card:___________________________________
Billing address if different from above:________________________________________
City:______________________________ State:______________ Zip:_____________
Signature of CardHolder:_________________________________________________
If paying by check, please make the check payable to: Brinkmann Properties Corp