5. Embryo Transfer. An embryo resulting from the ICSI breeding of the Mare with the Frozen Semen may be transferred to the reproductive tract of a recipient mare ("Recipient"); or ("Mare") listed provided, that (a) all procedures in the embryo transfer process are carried out by persons designated by the Facility in its sole discretion. Mare status must be reported to our office within the breeding year, 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.
6. Vitrification Reporting Results. If vitrified and transferred later, 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. *Must be on the stallion breeding report the year it is conceived or vitrified. If a vitrified embryo is transferred in subsequent breeding year, a permit must be obtained from AQHA, the year it is vitrified, and mare owner must notify the ranch when embryo is transferred.
7. Condition and Treatment of the Mare. The Mare Owner hereby covenants and agrees: (a) that when delivered to the Facility, the Mare will be healthy, in sound breeding condition and registered with either the American Quarter Horse Association, the Jockey Club, the American Paint Horse Association, or the Appaloosa Horse Club; (b) to furnish to the Facility, prior to the breeding of the Mare, a copy of the Mare's registration papers, a negative Coggins Test and such other health certificates and information as the Facility reasonably requests; (c) that a veterinarian designated by the Facility may treat the Mare, any Recipient and any offspring of the Mare (individually, a "Horse" or collectively, the "Horses") in any manner reasonably determined to be necessary for the well-being of the Horses; (d) that the Facility may refuse to do ICSI procedure for named Mare with the Frozen Semen if, in the sole discretion of the Facility, the Mare is determined not to be in sound breeding condition. 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.
8. Charges. The Mare Owner agrees to pay to the Facility: (a) board and care charges for the Horses at the Facility's published rates; (b) all veterinary, farrier and maintenance expenses incurred on behalf of the Horses; and (c) if applicable, all charges related to the flushing, shipment and implanting of embryos. The Mare Owner also agrees to pay to BURNETT RANCHES, LLC. the Breeding fee, Chute Fee, and incentive fee, set forth above, prior to breeding. Any pregnancy after the first pregnancy will need to have an additional contract, breeding fee, chute fee and incentive fee
9. 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. For each additional embryo, a contract must be signed, returned and a chute fee paid at time of transfer. For each additional embryo a breeding fee will be due at 60-day pregnancy.
10. Embryo Purchase/Selling of embryos. Selling embryos either in a recipient mare or as a frozen embryo: When an embryo is sold the live foal guarantee set forth in this contract is void, and a rebreed will not be honored. The purchaser of an embryo will accept all risks when selling or purchasing an embryo from an individual or auction.
11. Security Interest. In order to secure payment of all amounts payable hereunder, and in addition to any statutory liens to which BURNETT RANCHES, LLC. or the Facility (collectively, the "Secured Parties") may be entitled, the Mare Owner hereby grants to the Secured Parties and the Secured Parties will be entitled to claim and enforce a lien and security interest in the Horses either live or in utero, all stallion service certificates in the Secured Parties' possession in which the Mare Owner has an interest, and all certificates of registration. A photocopy of this Agreement may be filed to perfect such security interest under the Uniform Commercial Code. The Mare Owner agrees that the Secured Parties will be entitled to retain possession of the Horses, stallion service certificates and certificates of registration until all obligations of the Mare Owner to the Secured Parties hereunder are performed in full.
12. Interest Charges. All amounts due from the Mare Owner to the Facility or BURNETT RANCHES, LLC. hereunder which are unpaid after thirty (30) days from the date due. Ranch Manager may charge Mare Owner interest at a monthly rate of one-half percent (1.5%) for any invoiced expenses and fees not received by Ranch Manager on or before the due date.
13. Joint and Several Obligation. The Mare Owner, all co-owners of the Mare, and any agent or other person executing this Agreement on behalf of the Mare Owner, whether authorized or otherwise, will each be unconditionally jointly and severally responsible and liable as to all obligations of the Mare Owner to the Facility and BURNETT RANCHES, LLC. under this Agreement.
14. Return Breeding Via ICSI (Rebreed "Live Foal Guarantee") means if your mare/recipient mare is in foal from the initial breeding and the foal resulting from this breeding stands alone; nurses and lives for 24 hours the contract has been fulfilled.
If the foal is born dead or dies within 24 hours after the time of foaling this one year right of return (Rebreed) will be issued if the mare owner:
A) Notifies 6666 Ranch within 72 hours after the time of foaling that the mare did not produce a live foal.
B) Within 10 days after the loss, the mare owner must provide 6666 Ranch with a statement from a licensed veterinarian giving the particulars required to substantiate the failure of the mare to produce a live foal. This one-time breeding privilege and must be used the year immediately following the initial contract. A non- refundable chute fee is due prior to breeding the mare. If the mare owner fails to utilize the rebreed the year immediately following, the contract will terminate, and no refunds will be issued for stallion fee or chute fees no exceptions. At the Ranch Managers discretion, a replacement mare may be substituted if the mare named in the initial contract is unsuitable for breeding.
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. 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. Rebreeds cannot be sold.
15. 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.
16. Stallion Service Certificate. BURNETT RANCHES, LLC. will issue one (1) stallion service certificate to the Mare Owner upon request at any time after the Mare or Recipient is pronounced in foal and all amounts due to BURNETT RANCHES, LLC. and the Facility hereunder have been paid in full. This ICSI breeding privilege is for one successful embryo resulting in a live foal. Any other embryos resulting in a pregnancy will require an individual contract, which will include a breeding fee, chute fee and Incentive fee (per pregnancy
17. Waiver of Liability. The Facility will diligently try to settle the Mare or any Recipient, but if the Facility is unable to do so, the Mare Owner hereby releases the Facility, BURNETT RANCHES, LLC. from any and all liability related thereto. The Facility will exercise its reasonable judgment in caring for and supervising the Horses, but neither the Facility, BURNETT RANCHES, LLC. will be liable for any sickness, disease, injury or death of any of the Horses. Each party to this Agreement agrees to assume all risk of loss with respect any horse owned or provided by such party.
18. Miscellaneous. It is further agreed that: (a) this Agreement is to be construed in accordance with and governed by the laws of the State of Texas applied to contracts between residents thereof, and any legal suit or proceeding arising out of or relating to this Agreement will be instituted in a court of competent jurisdiction in King County, Texas; (b) in any litigation or arbitration between the parties with respect to the subject matter hereof, the attorneys' fees and reasonable expenses of the prevailing party will be paid by the no prevailing party; (c) any person executing this Agreement on behalf of the Mare Owner is fully authorized to execute and perform this Agreement on behalf of the Mare Owner and agrees to be jointly and severally liable for all obligations of the Mare Owner hereunder; (d) the provisions of this Agreement will be binding on and will inure to the benefit of the heirs, executors, personal representatives, successors and permitted assigns of the parties hereto;(e) time is of the essence of this Agreement and each provision of this Agreement; (f) the section headings in this Agreement are for reference purposes only and are not intended to affect the meaning or interpretation of this Agreement; and (g) this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cannot be amended or supplemented except in a writing executed by both parties hereto, and there are no understandings, representations or warranties except as set forth herein.