Sunrise Farm Paints ~ Ship Semen Agreement

Shipping Agreement

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	SUNRISE FARM PAINTS, LLC SPECTRUM HORSE SERVICES Dawn Thayer Donna Mulinski 11083 Edgar Rd. 14605 S. Chapin Rd. Lakeview, Mi. 48850 Elsie, MI 48831 989-352-7001 989-661-2261 E-Mail: sunrsiefarm@hughes.net SHSEgypt@aol.com www.sunrisefarmdawn.com Shipped SemenBreeding Service Contract Image Of Champions Registration # APHA 593,728 # PtHA 121944 This agreement is made on this ____day of ____________, 200__, between Sunrise Farm Paints, LLC/Dawn Thayer hereinafter referred to as “SFP/DT”, and ___________________________________, hereinafter referred to as “mare owner”. It is the intent of the Stallion Owner to help settle your mare as quickly and cost effectively as possible. The Mare Owner is responsible for asking any further questions they might have regarding this agreement or the services provided. See Attached Information & sign. 1. Fees a. In consideration of the stud fee $ ___________, a non-refundable booking fee of $ 175.00, shall be payable upon execution of the Agreement by the Mare Owner. SFP/DT agrees to breed their stallion, Image Of Champions to (Mare’s name) __________________________________ registration # __________________a mare owned by ___________________________________________-. Mare’s health history: Maiden: Yes___ No___ Last foaling date: _______ Booking fee is due at contract signing. Booking fee is deducted from the total stud fee. Remainder of stud fee is due 10 days prior to shipment for semen. b. Chute/Collection: Chute/Collection fee is done by an outside Company: Spectrum Horse Services. Chute/Collection fee of $250.00. is due at contract signing 10 days prior to shipment for shipped semen plus shipping. c. Shipping: The Mare owner is responsible for all shipping charges in addition to the collection fee. Mare owner’s FedEx # for shipping charges: ______________________________. A number can be obtained by calling FedEx at: 800-468-3339. SRP/DT will endeavor to accommodate mare owner whenever possible by using Federal Express. However if other commercial shipping methods must be used, additional costs for hand delivery to airport and airline freight charges will be billed to mare owner within 90 days after shipment. d. A deposit of $ 250.00 is required for the shipping Equitainer in form of a check written out to Dawn Thayer and will be refunded (check sent back to you) after the container & all it’s accessories in it, has been returned in good, reusable condition within 7 days following the receipt of the shipped semen. Containers not returned or any parts in the equitainer is missing (coolant cans, ballest bag, Isothermalizer) the deposit will be forfeited. If not returned to the SFP/DT within 7 days, the check deposit will be cashed. e. Veterinary Expenses: All veterinary fees are the responsibility of the mare owner. The Mare Owner shall have the mare examined by a licensed equine veterinarian, f. Mare Owners shall provide SFP/DT with a completed “Mare Health Form” certifying that said mare is in good physical and reproductive condition. The “Mare Health Form” must be returned to SFP/DT prior to semen shipment g. Miscellanies Fees: Mare owner is responsible for all fees relating to mare for any reason. These fees may include but are not limited to vaccinations supplements, veterinary expenses, medications, ect h. All unpaid fees are subject to annual interest of 18% plus late fees, and return check fees. 2. Delivery of Semen a. It is hereby understood and agreed that the semen shall be shipped only to the mare owner’s licensed equine veterinarian or a certified equine reproduction technician designated herein by Mare Owner. A copy of the equine reproduction technician certification of must be supplied to SFP/DT before shipment. The Mare owner accepts the risks of the shipment & SFP/DT accepts no responsibility for delays in the shipment of the semen, damages to the semen during shipment. or makes no warranties, expressed or implied. Sunrise Farm Paints/Dawn Thayer Initials: ___________________ Mare Owner Initials: _______________ __________________________________________________________________ Name of Veterinarian or Breeding Farm __________________________________________________________________ Shipping Address __________________________________________________________________ Home Phone Cell Phone All inseminations must be performed by a licensed equine veterinarian or a certified equine reproduction technician experienced in equine artificial insemination. Mare Owner is solely responsible to have their equine veterinarian or a certified equine reproduction technician complete and sign the “Certificate of Insemination and Pregnancy Examination”. b. Mare owner fully understands, authorizes and assumes the special risks associated in breeding with ship semen and the risks of failure due to many variables. Mare owner shall hold SFP/DT, its custodian, their agents or employees harmless form any loss suffered due to unsuccessful attempts at conception. Neither SFP/DT, nor its custodian, nor their agents, nor any veterinarian assisting in the collection or shipping guarantee the conception rate, quality, or productivity to be obtain in connection with the use of its products or recommended techniques. Accepts the warranties expressly made in this contract. c. The mare owner or representive must notify SFP/DT two weeks prior to the planned breeding date and when the mare comes into heat.SFP/DT collects Monday –Friday. Mare Owner understands that at least 24 hours advance notice must be provided to SFP/DT for semen collection and shipment (note that this means up to 48 hours prior to the time that Mare Owner actually receives the semen and the mare can be inseminated). If less than 24 hours advance notice is given, the request will be accommodated if reasonably possible, but at the sole discretion of SFP/DT, normal semen collection will be done on Monday - Friday schedule. Weekend collection can be done for farm pick up only and at an extra cost. Semen will not be collected or shipped on any nationally recognized holidays. The first normal collection day following the nationally recognized holiday will be the next collection day. d. The semen must be administered by a licensed veterinarian or a certified equine reproduction technician experienced in equine artificial insemination on the day of delivery or the Mare Owner shall not be considered to have fulfilled the contractual obligations. PLEASE FOLLOW THE PROCEDURES FOR USING COOLED SEMEN. Do not open container until you are ready to inseminate the mare. Remove semen from packaging and inseminate the mare immediately. Do not warm semen before inseminating. If you wish to evaluate the motility, make three slides and place them in incubator while you inseminate the mare. Evaluate the motility of the slides individually over a 15 minute period. Do not warm the sample in a water bath or microwave. Your input as to the semen quality is highly recommended & appreciated. Rapid variation in temperature adversely affects semen quality. Please handle quickly and carefully. Put coolant cans/freezer packs, thermal cup, ballast bags and semen cup with the lid back into the container and ship back to us immediately. Along with the semen container, your shipment contains important forms. Please make sure they are completed and mailed to the proper parties as soon as possible. If you have any questions please contact Spectrum Horse Services first since they are the Company that did all the handling, then contact SRP/DT. 3) Limited Guarantees: There are no warranties which extend beyond the description on the face hereof. Breedings are done on mares “as is” and are subject to all faults of mares, stallions, semen and ordinary faults of the trade. In particular breeder makes no warranties of fitness for a particular purpose. a. Live Color Foal Guarantee ( LCFG) IN event the mare does not become in foal or does not deliver a live foal, SRP/DT shall entitle the mare owner return breeding privileges, in addition to any additional expenses listed in this contract, for 2 or 6 heat cycles/shipment , whichever comes first, following the original contract year providing all contract provisions have been followed and met. If after three attempts the mare fails to become in foal, she must have a diagnostic evaluation at the mare owner’s expense to determine her suitability for breeding. If she is deemed unsuitable for breeding a substitute mare may be used. Finding the mare unsound for breeding does not constitute a refund of any fees. Live foal guarantee are not transferable or nonassignale and should the mare be sold or otherwise disposed of prior to the birth of the foal, the live color guarantee will be void. If the said stallion should be sold, the live color foal guarantee and all terms and conditions for SRP/DT will transfer to the new owner. Mare owner must keep the mare in good physical condition throughout pregnancy, including vaccination against rhinopneumonitis at the 5th, 7th and 9th months of pregnancy. Mare Owner also agrees to provide or perform other routine vaccinations, de-worming, hoof trimming, and caslick’s procedures as recommended by the Mare Owner’s local licensed veterinarian and his guidelines. Live Color Foal guarantee will be void if all expenses, shipping, breeding fee ect are not paid in full as described in this contract. Live Color Foal _ standing and nursing for a period of 24 hours post birth ( does not include accidents). Mare owner must submit to SFP/DT within 7 days a written statement from a veterinarian stating date, time, and cause of death. SFP/DT has the right to a second opinion at SFP/DT expense. Sunrise Farm Paints/Dawn Thayer Initials: ___________________ Mare Owner Initials: _______________ b. Substitute Mare – If prior to breeding of said mare or after the mare has been bred and does not become in foal, said mares dies or becomes unfit for breeding, mare owner has no right to a refund, but may use one substitute mare for the remaining breeding attempts. To designate a substitute mare owner must provide documentation to SFP/DT that the original mare is not in foal. Said substitute mare will be eligible for registration and a breeder’s certificate. c. Stallion - If the stallion dies or becomes unfit for breeding after the mare has been bred and been checked to be in foal, the mare owner will have the option of using frozen semen. If there is no frozen semen available the unused breeding fee will be refunded as described below. If the mare has been bred and has not settled and has never been determined to be in foal there will be a refund of 90% of the breeding fee. If the mare has been bred and determined to be in foal, but does not deliver a live color foal ( as described in LCFG) 70% of the breeding fee will be refunded. If the breeding fee has been paid and the mare has not been exposed to the stallion there will be a refund of 100% of the breeding fee. There will be no refund under, any circumstance, on chute/collection fee or any other expenses incurred for the care of the mare, shipping of semen, veterinary expenses ect. Should the stallion die or become unfit for breeding the live color foal guarantee is terminated and no monies will be refunded to the mare except as describe above. The mare owner will also have the option to use another stallion owned by the farm. If the breeding fee is more expensive the mare owner will be responsible for the difference. If the breeding fee is less expensive the mare owner will receive a refund on the difference. Mare owner is responsible for shipping expenses on frozen semen. 4) Health Requirements: a. Mare owner warrants that the said mare is free from disease or infection that could be transmitted to unborn foal and agrees to pay to have the mare examined by a licensed equine practitioner, and shall provide SFP/DT with a completed “Mare Health Form” certifying that said mare is in good physical and reproductive condition. The “Mare Health Form” must be returned to SFP/DT prior to semen shipment. b. Mare Owner hereby agrees to have the mare examined for pregnancy per the following minimum schedule, and to notify SFP/DT within ten (10) days of the results: (1) Between 17 and 20 days following the last date of insemination by ultrasound, and if positive, then (2) Between 26 - 30 days following the last date of insemination to rule out twinning. (3) Between 45 - 60 days following the last date of insemination, by palpation. Failure to have the mare thus examined, and to notify SFP/DT, shall automatically render the live color foal guarantee and any applicable re-breeding rights of the Mare Owner null and void. c. A photocopy of the registration papers must accompany contract to SFP/DT or pay any fees associated with the obtaining these records and or tests. SFP/DT reserves the right to refuse any mare that does not have required documentation or is not in proper condition. d. Mare owner agrees to pay for any cost associated with administering required vaccines. Mare owner agrees to maintain veterinary care and vaccines during pregnancy and must provide record of such in order for a live color foal guarantee to be valid. e. Mare owner must provide written documentation from mare owner’s veterinarian that the mare was checked in foal as determined by the guidelines in this contract or the live foal guarantee will be void. If for any reason the mare does not settle the mare owner will hold SFP/DT & Spectrum Horse Services harmless. The above applies to the normal breeding season of February 1st to July 31st. Mare owner agrees that hormone therapy may be used to help settle the mare or help regulate heat cycles and ovulation. Mare owner assumes all risks associated with these therapies. f. All veterinary fees will be the responsibility of the mare owner. 4) Breeders Certificate A breeder’s certificate will be issued for the foal conceived by this breeding when said mare produces a live color foal. Mare owner is responsible for contacting SFP/DT with the news of the birth of the foal resulting from this breeding. If there are any unpaid expenses of fees the breeder’s certificate will not be issued until the fee have been paid in full with any interest and penalties. SFP/DT agrees to execute all necessary documents for the registration of the offspring of the breeding in accordance with AQHA, APHA & PtHA or another registry requested by mare owner and agreed upon by SFP/DT. 5) Liability and indemnification Mare owner agrees to indemnify and hold SFP/DT or any person associated with SFP/DT harmless for any loss, injury, death, illness and accident including consequential damages to the mare and or foal. The mare owner is not liable for the death or accident caused to the stallion by said mare. SFP/DT and Spectrum Horse Services hold no insurance for all damages/all injuries/all illnesses/death of horses or participants. All Participants enter the property at their own risk. The owner shall bear all risks of loss from the death or any harm to said horse or participants caused by said horse on or off the premises of SFP/DT. Under Michigan Law ( 87th Legislature _ 1994 Regular session House Bill 5006 an act to regulate civil liability related to equine activities, and to prescribe certain duties for equine professional is not responsible for an injury to or death of participant in equine activities resulting from inherent risks of equine activities. Sunrise Farm Paints/Dawn Thayer Initials: ___________________ Mare Owner Initials: _______________ 6) Right of Lien Sunrise Farm Paints/Dawn Thayer has the right of lien for the amount due for breeding and any additional services and shall have the right, without process of law, to retain breeders certificate for said mares foal until the indebt ness is satisfactorily paid in full. 7) Termination Either party may terminate this agreement. In the event of a default the wrong party has the right to recover attorney’s fees and court cost, resulting from this failure of either party to meet a material term of this agreement. 8) Governing Law The parties acknowledge that this agreement is made within the state of Michigan and shall be construed and enforced under the law of the state of Michigan. 9) Entire Contract Agreement This constitutes the entire contract agreement between parties. Any modifications or additions MUST be in writing and signed and/or initialed by both parties to this contract agreement. No Oral modifications or additions will be considered to e part of this agreement unless reduced to writing and signed and/or initialed by all parties. Mare Owner signature as listed on registration or lease certificate: Date: ___________________________________________________ Address: ________________________________________________ ________________________________________________________ Home Phone: ____________________________________________ Cell hone: ___________________________________________ Email: ____________________________________ SunriseFarmPaints/Dawn Thayer signature: __________________________________________ Date: _____________ Sunrise Farm Paints/Dawn Thayer Initials: ___________________ Mare Owner Initials: _______________