2. Breeding fee/ Chute Fee: Mare Owner agrees to pay the stallion service fee of $1,500 plus a ranch/chute fee of $650 (non-refundable) for a total fee of $2,150.00 Total Fee is due in full prior to ordering semen. There is a 3% processing fee on all breeding fees paid with a credit card. If paying with a check, make the check out to Burnett Ranches, LLC. Contract must be returned 24 to 48 business hours prior to ordering semen.
3. Frozen:
A. Frozen Semen Shipment and Fees: Mare owner understands that the Frozen semen shipping container is the sole property of 6666 Ranch or its agent, and mare owner has no ownership rights in the container or its contents whatsoever. Should mare owner fail to promptly return the shipping container to 6666 Ranch or its agent, the Mare Owner agrees to pay for its value in an agreed upon amount of $1,500. If the frozen semen tank is not returned within one week of shipment, the mare owner will be charged a late fee of $25 per day until the container is returned. Frozen semen is shipped by FedEx Express only, $355 for each shipment. $450 for Canada shipments. The mare owner has no rights to the contents of shipment except to breed mare named on this contract. Any left- over frozen semen will be shipped back to 6666 Ranch at mare owners' expense. Overseas - The mare owner agrees to pay the storage facility overseas, for shipments from facility to veterinarian and return container at mare owners' expense.
4. All fees and charges due under this Agreement must be paid prior to any shipment. The Mare Owner also agrees to pay for all courier, shipping, and handling charges which may be incurred, as a result of this Agreement. Ranch Manager may refuse to make any shipments to Mare Owner if Ranch Manager believes that the Mare is not healthy and in sound breeding condition. Upon receipt of the shipment, the Mare Owner shall try diligently to settle the Mare and shall use all diligence and care in the insemination of the Mare. Mare Owner waives all claims against Ranch Manager for the sickness, injury, or death of the Mare and her offspring arising from the exercise of the breeding privilege granted in this Agreement. Ranch Manager waives all claims against Mare Owner for any injury, sickness, disease, or death of the Stallion arising from the exercise of the breeding privilege granted in this Agreement. The Mare owner agrees to report mare status and the last breeding date by September 1st of the breeding year or a late fee of $100 will be due prior to issuing a breeder's certificate.
5. Breeding of Mare by Frozen Transported Semen: Mare Owner is responsible for all facets of breeding the Mare and agrees to comply with all AQHA, APHA and ApHC and Australia QHA requirements concerning the use and handling of Frozen Semen. Mare Owner agrees that a licensed veterinarian who is qualified and experienced in the use and handling of Frozen semen will perform the insemination.
Mare Owner agrees to use all Frozen semen provided by this Agreement for the Mare named in this Agreement and no other. Frozen Semen will be shipped, and no guarantees are made or implied that semen will be available when requested. AS THE USE OF FROZEN SEMEN IS AN EMERGING TECHNOLOGY, RANCH MANAGER MAKES NO WARRANTY OR GUARANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE FROZEN SEMEN, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. RANCH MANAGER MAKES NO GUARANTEE OF DELIVERY WITHIN A CERTAIN TIME PERIOD AND MAKES NO GUARANTEE THAT THE FROZEN SEMEN WILL SAFELY REACH THE INSEMINATION POINT WITHOUT LOSING INTEGRITY, QUALITY, OR CHARACTERISTICS.
6. HERDA Statement: Hereditary equine regional dermal asthenia (HERDA) is a genetic skin disease predominately found in the American Quarter Horse. HERDA has an autosomal recessive mode of inheritance (meaning two copies of the affected allele are required to cause disease: HRD/HRD) and affects mares and stallions in equal proportions. The stallion listed above has been DNA tested and found to be a carrier (N/HRD) of this genetic disease. It is the policy of the stallion owner/owners and Burnett Ranches, LLC to not breed HERDA carriers to each other due to a 25% chance of producing a clinically affected offspring. It is strongly recommended that all mares being considered for breeding to the above-named stallion be tested for HERDA and proven N/N prior to execution of this contract. Stallion owner/owners or Burnett Ranches, LLC will not assume liability or financial responsibility, including breeding and service fees, if a carrier (N/HRD) mare is bred to the above listed stallion. Please call 6666 Ranch for any additional information.
7. Canada Shipments: Shipping to Canada requires the mare owner or designated Veterinarian to provide an Import Permit. A USDA Health Certificate will be provided with shipment. Shipping to Canada is FedEx Only, $450 which includes the USDA Health Certificate.
8. Overseas: Shipping overseas will be coordinated with the facility that stores semen overseas. Shipping fees will be paid to facility shipping to your veterinarian. The mare owner is responsible for all shipping fees incurred with this overseas breeding and the return of container at mare owners' expense.
9. ICSI: The intracytoplasmic sperm injection (ICSI) procedure involves micro-injection of a single sperm cell into the cytoplasm of a mature oocyte, which physically causes fertilization. Any other embryos resulting in a pregnancy will require an individual contract, which will include a breeding fee and chute fee (per pregnancy), the Mare owner is responsible for reporting all embryos and their updates, within the breeding year. Failure in reporting will result in a late fee of $100.
10. Board and Veterinary Charges: (applicable to on-site breeding) Mare Owner also agrees to pay all board and other veterinary expenses incurred by the Mare and her foal while in the care of Ranch Manager, and these expenses are due and payable on or before 30 days after the date of invoice.
11. Late Payments and Security Interest: Ranch Manager may charge Mare Owner interest at a monthly rate of 1.5% for any invoiced expenses and fees not received by Ranch Manager on or before the due date. The Mare will not be released until the Stallion Service Fee, all veterinary expenses, board bills, and any other charges incurred on behalf of the Mare have been paid to Ranch Manager in full. To secure the payment of these fees and expenses, Mare Owner grants a security interest in the Mare and her foal on the Ranch to Ranch Manager (to be perfected by filing a copy of this Agreement), and Ranch Manager has no obligation to release the Mare and the foal to Mare Owner or to issue a Breeders Certificate until Mare Owner has paid all the fees and expenses incurred on behalf of the Mare and her offspring. Mare Owner assumes and agrees to pay all charges, expenses, attorney's fees and related costs incurred in the collection of this balance. If this account is not paid within 90 days of billing, Ranch Manager may foreclose and sell the Mare and her foal, if any, pursuant to the Uniform Commercial Code at either public or private sale and apply the proceeds first to all attorney's fees and costs of sale incurred in relation to the foreclosure of the security interest and the balance to outstanding amounts owed to Ranch Manager. Further, in this event, the Mare Owner agrees to deliver to Ranch Manager the original registration papers and properly executed transfer papers on the Mare and her foal. If the Mare Owner refuses to execute all necessary, transfer documents and deliver registration papers after default Mare Owner agrees to pay $500 to cover the cost of obtaining a new registration certificate or the amount necessary to cover these costs. Mare status must be reported to our office by September 1st of the breeding year, (frozen & cooled shipments) to ensure that your mare is on the stallion breeding report to be able to register the foal. A late fee of $100 will be charged to your account.
12. Condition and Treatment: Mare Owner agrees that when delivered to Ranch Manager or when a cooled semen shipment is requested, the Mare will be healthy and in sound breeding condition. Breeding a grade mare, A grade mare will not receive a breeder's certificate. Mare owner agrees to follow all registration for the foal with either the American Quarter Horse Association, the Jockey Club, the American Paint Horse Association, or the Appaloosa Horse Club, Australian Quarter Horse. A copy of both sides of the Mare's registration paper shall either be attached to this Agreement or shall be sent to Ranch Manager prior to or upon the Mare's arrival at the Ranch. Or prior to shipment. Mare Owner warrants that it is the owner of record of the Mare or provide a lease agreement. If the Mare is to be bred at the Ranch, then on or before delivery of the Mare to the Ranch, Mare Owner must provide Ranch Manager with the following for each Mare: (a) Current negative Coggins test (dated within six months) prior to delivery of the Mare to the Ranch, and (b) vaccination, deworming, farrier, and any other health and reproductive records reasonably deemed necessary by Ranch Manager for the care and health of the Mare and her foal. Failure to furnish these health records will be authorization for Ranch Manager to perform such services as deemed necessary for the Mare's well-being at Mare Owner's expense.
13. Care of Mare and Foal for On-Site Breeding's: For Mares bred at the Ranch, Ranch Manager shall prepare each Mare for breeding and shall conduct the breeding and post-breeding care. Ranch Manager shall exercise reasonable judgment in the breeding, care, and supervision of the Mare; however, Mare Owner waives all claims against Ranch Manager for the sickness, injury, or death of the Mare and her offspring from matters beyond Ranch Manager's reasonable control or resulting despite the rendering of reasonable and ordinary care. Ranch Manager shall diligently try to settle the Mare; however, if for any reason a Mare does not settle, Mare Owner waives any claim against Ranch Manager. The Ranch Manager's veterinarian will examine the Mare for normal breeding conditions and will administer care as Ranch Manager reasonably deems necessary for the health and safety of the Mare and her offspring. Mare Owner consents to the administering of all medical care for the Mare and her offspring that Ranch Manager reasonably deems necessary, and Mare Owner grants to Ranch Manager the right to exercise all reasonable authority and discretion with respect to the care of the Mare and her offspring. If any extraordinary health care is required for the Mare and her offspring, Ranch Manager shall attempt to contact Mare Owner by telephone prior to taking any required action, but Ranch Manager's inability to contact Mare Owner does not abrogate the authority granted to Ranch Manager by Mare Owner. See Addendum Emergency Care Form.
14. Insurance: Ranch Manager will not carry insurance on the Mare or her offspring. Mare Owner may carry insurance on its horses as it so chooses. If the Mare is bred on the Ranch and if Mare Owner elects to insure the Mare and her offspring, then Mare Owner shall inform its insurance carrier of the location of the horses and shall provide Ranch Manager with insurance carrier information.
15. Multiple Embryo Transfer/Frozen Embryos: If more than one embryo is produced from a Stallion breeding under this Agreement and if multiple embryos are transferred, then Mare Owner must notify Ranch Manager within 48 hours of the transfer of embryo(s). If embryo transfers result in multiple pregnancies, then the Mare Owner will be required to acquire additional breeding privilege(s). Contact the Ranch Manager immediately. If an embryo is frozen/vitrified Mare Owner must notify Ranch Manager within 48 hours. An additional contract will be executed for each pregnancy thereafter. Each pregnancy is subject to a breeding fee and chute fee.
16. The Ranch Manager will issue a FROZEN or COOLED SEMEN BREEDER'S CERTIFICATE upon the request of the Mare Owner at any time after the Mare has been checked in foal and all charges have been paid in full. The Mare Owner may not assign this breeding contract or substitute any other Mare for the Mare under this Agreement. Any attempted assignment or substitution without prior written consent of the Ranch Manager will, at the option of the Ranch Manager, terminate this Agreement and release the Ranch Manager from all obligations hereunder. Switching mares on this contract, if you contact the office and send a written or e-mail request to switch mares on this contract prior to breeding no fees will be incurred. However, if you switch mares without knowledge or consent you will incur a fee of $250. The FROZEN or COOLED SEMEN BREEDER'S CERTIFICATE shall be issued only for the Mare named in this Agreement. Assignments and substitutions will be made only at the discretion of the Ranch Manager and then only in special circumstances (i.e., death of mare, etc.). Mare Owner agrees to notify 6666 Ranch of breeding dates and mare status. 6666 Ranch is responsible for stallion breeding reports (Stallion Return).
17. Live Foal Guarantee (Rebreed): If the Mare fails to produce a live foal from the breeding privilege granted by this Agreement, Mare Owner may rebreed the Mare (or a substitute mare mutually agreed upon by Mare Owner and Ranch Manager) during the subsequent breeding season. This is a one-time return breeding privilege, and if the mare (or approved substitute mare) does not produce a live foal from this return breeding right, then Mare Owner shall have no further return breeding privileges under this Agreement. Mare Owner may not assign this breeding contract or substitute any other mare for the Mare under this Agreement, without the prior written consent of Ranch Manager. Any attempted assignment without the prior consent of Ranch Manager will, at the option of Ranch Manager, terminate this Agreement and release Ranch Manager from all obligations hereunder. "Live foal" means that the foal resulting from the breeding stands and nurses without assistance and lives for 24 hours. This return breeding privilege is conditioned upon the Mare Owner giving Ranch Manager written notice within 14 days after the foaling or aborting that the Mare did not produce a live foal. One Year Right of Return This notice must be accompanied by (a) a certificate from the attending veterinarian that no live foal was born, and (b) a return of the breeder's certificate. This rebreed is subject to a ranch/chute fee. Mare Owner is responsible for paying Ranch Manager all of the other applicable charges above that are incurred on behalf of the Mare and her foal. This return breeding privilege is void and Ranch Manager will be released from all liability if: (1) the Mare is removed from the Ranch before the Mare is checked in foal by Ranch Manager, unless the removal is approved by Ranch Manager, or (2) the Mare is sold by Mare Owner prior to foaling, unless Ranch Manager has been informed of the sale and approves the transfer of the live foal guarantee. (3) if the stallion dies, is sold, or becomes unfit for breeding in the opinion of the Ranch Manager or there is no frozen semen available. Rebreed cannot be sold.
18. Termination: If the Stallion dies, is sold, or becomes unfit for breeding in the opinion of Ranch Manager, or there is no longer any frozen semen available, this Agreement will, at the option of Ranch Manager, immediately terminate, but Mare Owner shall continue to be responsible for payment to Ranch Manager for all expenses incurred by Ranch Manager on behalf of Mare Owner prior to the Mare and her offspring being removed from the Ranch.
19. Entire Agreement/Governing Law/Venue: This Agreement contains the entire agreement between the parties and may be amended only in writing and signed by each of the parties. Texas law governs this Agreement, all of the terms and provisions of which are performable in King County, Texas. The parties agree that any legal action brought under this Agreement or pertaining to the subject matter of this Agreement can only be brought in King County, Texas.
20. Notices: Notices under this Agreement must be delivered personally, by certified mail, return receipt requested, an overnight delivery service, or by e-mail with telephone confirmation of receipt to the addresses set forth below. Notices are deemed given when received. Either party may change its address by written notice to the other party.