Watermark Farm
136 Watermark Rd.
Oxford, PA 19363
Phone (717) 529-2848
Fax (717) 529-6010
www.watermark-farm.com
This contract made by and between Watermark Farm (“The Rawles”) and
___________ (Purchaser) for breeding of the Mare named: ___________________
___________ Registration No: ________________ to the Stallion named: __Avebury WF__ for the __2008__ breeding season (“Present Breeding Season”); subject to the following terms and conditions:
1. PURCHASER WOULD LIKE TO USE:
Fresh Chilled Semen
2. THE MARE: the mare to be so bred is (Breed): __________ Color _____________
Year Foaled _______________ Sired by: ______________ Out of: ________________
Sired by: __________________
The Purchaser may not
substitute another mare for breeding without prior written consent of Watermark
Farm. Embryo Transplants are also prohibited without written permission of
Watermark Farm and unless Purchaser signs the embryo transfer agreement.
3. FEES: Purchaser agrees to pay Watermark Farm the following fees:
A non-refundable Booking Fee of: $200.00 is due at
the signing of this contract. This fee is not included in the Stallion Service
Fee.
A non-refundable Stallion Service Fee of $800.00 is payable before Mare is bred or semen is shipped.
(For cooled shipped semen only) Mare owners must contact Select Breeders Services (877) 658-3328 to arrange for billing and semen shipments. All fees, deposits and transport costs are billed directly by SBS. Any damage to the Equitainer or Vapor Shipper, lost ballast bags, coolant cans or failure to return the container will be assessed by SBS. Any late fees will also be handled by SBS. If a second semen shipment is required, additional fees and shipping charges will apply. Rental fees, security deposits and all billing will be handled by SBS. Collection and Handling fee for each fresh chilled semen shipment: $180.00.
Mare Passport must be completed by September 30 of the breeding year.
Returning the container: After the receipt and use of the semen, the Equitainer (including ballast bag(s), isothermalizer, coolant cans, etc) must be shipped back to Select Breeders Services with the enclosed shipping label. Frozen semen tanks must be returned to Select Breeders Services of Colora, MD. All semen shipments will be handled by FedEx and billed at cost to the Mare Owner’s FedEx account by SBS.
ALL FEES AND
COSTS MUST BE PAID 10 DAYS BEFORE SEMEN WILL BE SHIPPED.
4. Reservations for semen: Watermark Farm’s receipt of the above Stallion Service Fee confirms the Mare’s reservation to breed to the Stallion for the Present Breeding Season, which shall extend from February 1, 2006 until July 15, 2008. Fresh chilled semen will be collected Monday through Saturday at the standard collection fee of $180.00. All Semen orders must be received by 3 PM EST the day before the requested collection date. Late orders will be filled if possible. Counter to counter shipments are available on a case-by-case basis due to geographic restrictions with FedEx. No semen will be transported without completed Mare Health Forms and Passports. Please contact SBS to check and see if you are located in an area where counter to counter shipments are possible and to arrange for billing.
Frozen semen is available year round. Frozen semen should be ordered one week prior to the date needed to breed the Mare.
All orders for semen shipments shall be filled as received, subject to availability of the Stallion. If there is insufficient semen to fill all orders of a given day, Watermark Farm’s Veterinarian will determine which orders will be honored. For Watermark Farm-bred mares this decision will be based on palpation results; for Mares bred off of the Farm, this decision will be based on the information provided by the Purchaser’s veterinarian.
Purchaser understands that the Stallion may be competing away from Watermark Farm during the Breeding Season and will not always be available for collection. It is the Purchaser’s responsibility to contact Watermark Farm for the dates the stallion will not be available for collection due to competition. Where applicable, frozen semen may be substituted, please contact Watermark Farm for more information.
5. Conditions: Stallion service will be provided only to healthy mares in sound breeding condition, as determined by a veterinarian acceptable to Watermark Farm. The Mare Owner must provide Watermark Farm with a completed Mare Health Form signed by a licensed veterinarian, stating that the mare is in good physical and reproductive condition BEFORE semen shipment.
The Mare Owner must provide Watermark Farm with a copy of the mare’s registration papers. It is requested that the mare owner provide four photographs with any distinguishing markings, blemishes showing for identification purposes (2 side views, 1 front, 1 rear) prior to breeding.
The Mare Owner agrees to keep the mare in good physical condition throughout the pregnancy, vaccinate for Rhinopneumonitis at five, seven and nine months of pregnancy and deworm regularly with FDA approved products for pregnant mares or all return privileges and stud fees are forfeited.
In the event the Mare is barren, Watermark Farm requires the submission of a recent negative intrauterine culture certificate (within 60 days). In some cases, the form may also require a uterine biopsy and/or Progesterone assay. In all cases, the veterinarian must certify that the Mare’s immunization for equine rhinopneumonitis (equine herpes type 1) have been kept current.
It is the Mare Owners responsibility to fulfill the following veterinary requirements:
A licensed veterinarian must examine the mare:
A) By early ultrasound scan at 14 to 18 days after the last insemination.
B) By ultrasound between 30 and 35 days the last insemination to insure a single embryo.
C) By palpation or ultrasound between 50 and 60 days after the last insemination.
Results of these examinations must be recorded on the Mare Passport.
The Mare Owner must return the completed and signed Mare Passport to Watermark Farm within 10 days of the 50 to 60 day examination and no later than September 30 of the breeding year or ALL GUARANTEES ARE FORFEITED.
6. Return of service: Purchaser shall not be entitled to a refund of fees paid hereunder except as set forth below. However, the Mare shall have the right of return to the Stallion’s service in the following breeding season and in the third following season only in the following circumstances:
If the Mare does not settle during the Present Breeding Season, she is eligible for return of service to the Stallion if the Purchaser’s veterinarian submits a certificate to that effect. The Purchaser recognizes Watermark Farm’s right to require a negative intrauterine culture certificate prior to the Mare’s return to service.
If the Mare is examined in foal but becomes barren during gestation after the 50 to 60 day examination, she is eligible for return if Watermark Farm receives a certificate within five (5) days of the examination.
If the Mare subsequently produces a live foal that is unable to stand alone and nurse, and subsequently dies, a veterinary certificate must be provided within five (5) days of death.
The Mare Owner agrees that if this breeding contract is not used within the next two subsequent breeding years (2008, 2009), this contract will be terminated and all fees will be forfeited.
In all cases, the required veterinary certificate shall affirm that the Mare had been immunized for equine rhinopneumonitis (equine herpes type 1) during pregnancy and the dates of such vaccination. Where appropriate, the certificate shall also confirm that the Mare was properly cared for during gestation and foaling was attended. Watermark Farm’s timely receipt of the required veterinary certificates is a condition precedent to any right of return.
If the Purchaser’s Mare becomes unfit for breeding or otherwise unbreedable, another mare may be substituted with Watermark Farm’s consent. Purchaser must make this request in writing.
All rights of return to the Stallion are subject to prepayment of costs as set forth in Section 2 above.
7. Refund of Fees: This contract shall be null and void and the Purchaser shall be entitled to a refund of any amount paid hereunder if the Stallion should die or become unfit for service prior to serving the Mare in the Present Breeding Season*. The Purchaser shall not be entitled to any refund if the Stallion should die, or become unfit for service after semen has shipped or in any subsequent breeding season*. No refund is available if Stallion is sold; but Purchaser may breed to another Watermark Farm Stallion of equal or lesser Stallion Service Fee.
* - In the event that a stallion is unfit for service or deceased, a limited LFG will be put into effect with a 6 dose maximum of Frozen semen being substituted for Fresh semen.
8. Live Foal Guarantee: The LFG is the Mare Owner’s right to a foal that stands, nurses and passes a veterinary exam within 24 hours of birth. The LFG is null and void if the Mare Owner does not utilize a veterinarian for this exam and in the event that a Mare Owner fails to run an IgG test. In the event that a foal fails this exam, it is the Mare Owner’s responsibility to notify Watermark Farm within 48 hours, provide a Veterinary Certificate and arrange for rebreeding. No refunds will be given in the event that a foal does not meet the above listed criteria.
9. Non-assignment: This contract cannot be assigned or transferred by the Purchaser. There shall be no right of return to the Stallion if the Mare is sold or otherwise changes ownership after having been served by the Stallion.
10. Warranty: Watermark Farm is not responsible for lost, delayed, or damaged semen and makes no representations or warranties of any kind with respect to any semen furnished hereunder except that it is the Stallion’s. ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR PURPOSE ARE HEREBY EXCLUDED.
11. Governing Law:
This contract shall be governed by the laws of the Commonwealth of Pennsylvania and shall be binding upon the parties hereto and their personal representatives.
In witness whereof, the Parties hereto have hereunto set their hands and seals:
Watermark Farm: _______________________________________________
Purchaser (please print name): _____________________________________
Purchaser (signature): ____________________________________________
Address: __________________________________ Phone: __________________
___________________________________ Fax: ____________________
Address for Semen Shipment: (if different than the address listed above)
________________________________________
________________________________________
_________________________________________
Veterinarian’s name: _______________________________________
Address: _____________________________________ Fax: _________________
______________________________________
Date: ________________________