CASA DE RESORTE PASO FINO

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CAPUCHINO, ALELI, COGNAC & GENESSI 

Stallion Services Agreement
 

THIS AGREEMENT is made and entered into on the___day of _______20___, by and among: 

 WITNESS

WHEREAS, Casa is engaged in the business of providing stallion stud services (the "Services")

 WHEREAS, Mare Owner desires to retain Casa to provide the Services, and Casa desires to provide said Services to Mare Owner;

 NOW, THEREFORE, in consideration of the premises and mutual covenants and conditions set

Term; Compensation. This agreement shall become effective as of the date hereof, and shall terminate upon production of a live foal, or as otherwise provided for herein. As compensation for the Services, Mare Owner will pay Casa as follows:

A. Stud Fee. Mare Owner shall pay a nonrefundable fee  $ _______   for the Services of the stallion (the "Stud Fee")  (100%) percent of the Stud Fee shall be paid upon the execution of this Agreement.  Where breeding will result in embryo transfer, if multiple embryos are collected from one insemination, each live foal born will require the payment of a separate Stud Fee.

B. Semen; Collection and Shipping. Mare owner agrees to assume all charges associated with collection of semen, insemination, shipment and handling of semen incurred by Casa. Mare Owner shall pay Casa a charge of $_____ for semen collection and shipping. Breeding is to be accomplished by artificial insemination and Mare Owner agrees to assume all charges relative to said insemination as provided in this Agreement. The Equitainer is the property of Casa. Mare owner shall return the Equitainer, at his/her expense within three (3) days after receipt of the semen shipment.  A charge of $_____  per day shall be assessed if the Equitainer is not received after said time. If any part(s) of the Equitainer is/are missing upon receipt by the Casa, Mare Owner will be responsible for charges pertaining to the replacement of the missing Equitainer part(s) as notified by Casa.

 Duties of Mare Owner. Mare Owner shall provide Casa with a negative culture and a certificate signed by a licensed veterinarian certifying that the mare is in sound breeding condition. If breeding is to occur on the premises of Casa, Mare Owner will provide a recent (six months) coggins test, certificate of worming and vaccination against Eastern and Western Encephalomyelitis, Tetanus, Rhinoneumonitis, and Strangles (within three months). Mare Owner agrees to pay current mare care fee $ ___/day. mare and foal $ ___/day, along with any charges incurred for but not limited to veterinary services, farrier, and transportation.     

 Duties of Casa. Off Premise breeding: Casa agrees to use its best efforts to collect and ship semen from Casa's stallion when notified that the mare has a good follicle and is ready to be bred. On Premise breeding: Casa will insure that all care is taken to get mare "in foal" and provide documentation (at the mare owner's expense) to this effect if requested. Casa will provide suitable facilities for the mare and feed and care for her in a good and husband-like manner.

 Live Foal; Rebreeding. Casa guarantees a live foal; provided, however, that the mare shall have been "pregnancy-checked" by a licensed veterinarian who shall certify the mare to be in foal. In the event that the mare pronounced safe in foal does abort her foal, or bears a foal which fails to stand and nurse, as certified by a licensed veterinarian, the mare will have a return breeding at no additional Stud Fee. Return breeding is good for the mare named herein and for the following calendar year only, and represents the full completion and satisfaction of the guarantee for a live foal. In the event the Mare Owner fails to for any reason rebreed the following calendar year as provided herein, the Stud Fee, and all other charges paid for, or to be paid hereunder, shall be non-refundable, and the return privilege for rebreeding shall be null and void.

 Taxes: Risk of Loss. Each of the parties hereto shall be responsible for its own personal property taxes, previously or after the Effective Date hereof, levied on either the stallion or the mare, including but not limited to any taxes levied during the term of this Agreement, and taxes on any increase produced by the stallion or the mare. Casa shall not be responsible for the loss, accident, injury, disease or death to or of the mare, or to or of the mare's foal. should she have a foal, unless such loss, accident, injury, disease or death shall be caused by the gross negligence of Casa, its employees or agents. Casa shall not be responsible for the loss, damage, destruction or contamination of the semen due to shipping or transport.

 Warranties: Casa’s Lien. Casa warrants that the sperm of the stallion delivered pursuant to the terms of this Agreement, will be the sperm of the stallion “________________________”  PFHA registration number _________ .Mare Owner warrants that the mare to be bred pursuant to this Agreement shall be the mare"__________________________________” PFHA registration number __________. Further, Mare Owner agrees, acknowledges and warrants that the Services available under hereunder, will be performed exclusively on the mare identified in this Agreement.  A separate Stallion Services Agreement must be executed for each mare the Mare Owner wishes to inseminate. Mare Owner shall grant a lien on the mare, and any foal conceived pursuant to the terms of this Agreement, as a guaranty of payment of any part or all of the Stud Fee, or any other charges required to be paid by Mare Owner, which are not timely paid, in the amount of all the unpaid charges owed to Casa. Mare Owner shall be responsible for all legal fees, costs, and expenses incurred in connection with said lien through appeal.

 Cancellation: Default. The parties hereto agree that in the event the stallion dies or becomes unfit for service prior to conception by the mare, or if the mare dies or becomes unfit to breed prior to the initial breeding to the stallion, as certified by a licensed veterinarian, this Agreement shall become null and void, and all money paid as part of the Stud Fee shall be refunded to the Mare Owner. Casa reserves the right to cancel one-half of the Stud Fee and withdraw from this Agreement if after: (i) the initial breeding the mare which fails to conceive, becomes unfit for breeding or dies, or (ii) four (4) heat seasons the mare has not settled in foal. If Mare Owner fails to perform, breaches or otherwise fails to comply with any of the terms of this Agreement, including payment of the Stud Fee and all amounts herein, all amounts paid by Mare Owner and amount agreed to be paid by Mare Owner may be recovered and retained by and for the account of Casa as agreed upon liquidated damages, consideration for the execution of this Agreement, and in full settlement of any claims; whereupon Casa and Mare Owner shall be relieved of all obligations under this Agreement. Alternatively, Casa may, at Casa's option, proceed in equity to enforce Casa's rights under this Agreement.

 Indemnification; Hold-Harmless: Release. Mare Owner shall indemnify, hold harmless and release Casa form any and/or for any and all liabilities, losses, damages or expenses of any kind whatsoever that may be imposed on, incurred or asserted against Casa as a result of Mare Owner's negligence, willful misconduct or reckless disregard of its duties hereunder.

 Construction of Agreement: Severability; Assignment. If any part of this Agreement is determined to be void, voidable, invalid, inoperative or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof, and the remainder of this Agreement shall be effective as though such void, voidable, invalid, inoperative or unenforceable provision had not been contained herein. This Agreement is not assignable or otherwise transferable by the Mare Owner.

 Amendment: Entire Agreement. This Agreement may not be modified or amended, in whole or in part. except by an instrument in writing signed by all of the parties hereto. This Agreement contains the entire agreement between the parties with respect to this transaction, and no representations, warranties or agreements have been made or relied upon by either party except for those specifically set forth herein.

 Rights Under this Agreement: No Waiver. This Agreement shall inure to the benefit of, and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. Nothing contained herein, is intended to confer upon any person, other than the parties to this Agreement and their successor and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. Except as otherwise provided in this Agreement, all rights and remedies herein or otherwise, shall be cumulative and none of them shall be in limitation of any other right or remedy. No waiver by any party of any term or condition of this Agreement, or of any breach or default hereunder, shall effect either party's respective rights thereafter to enforce such term or condition or to exercise any right to remedy in the event of any other default, whether or not similar.

 Headings: Counterparts. The headings of the sections and subsections of this Agreement, are solely for convenience and reference and shall not alter, limit or otherwise affect the meaning of any terms or provisions of this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which when taken together, shall constitute but one and the same instrument.

 Governing Law: Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without resort to principles of conflict of laws. In any litigation, including breach, enforcement or interpretation arising out of this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party reasonable attorneys' fees, costs and expenses.

 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in its name as of the date and year first above written.

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