Anita and Randy Howe
9969 D Highway, Napoleon, MO  64074
Phone 816/230-6247     Mobile 816/686-7748     FAX 816/697-3794
e-mail: ajh@howetheywalk.com

This TRANSPORTED COOLED SEMEN BREEDING CONTRACT for the breeding season of 2008 (Oct. 2007 - Sept. 2008), is made and entered into on this ________ day of_____________, 200__, by Anita Howe, hereinafter designated BREEDER, and___________________________________ hereinafter designated MARE OWNER. Mare Owner agrees to breed the mare___________________________________

Breed __________ Reg. #___________ Age ______to the stallion PAPA’S ROYAL DELIGHT, TWHBEA Reg. #984616 and IPWHR Reg. #1328, for a fee of $500 (five hundred fifty dollars), for a live foal subject to the following conditions:

1. The stallion fee includes a non-refundable BOOKING FEE of $250 payable upon execution of this contract. The balance of this fee, $250 must be paid within 30 days of the mare being declared "in foal" by the examining veterinarian. All invoices are payable upon receipt with a late fee of $20.00 applied to past due accounts (>30 days overdue). The Mare Owner must notify the Breeder of the expected breeding date at least two weeks prior to actual shipping date.

2. ADDITIONAL FEES: There will be a prepaid Collection/Laboratory fee of $250.00; a fee to transport stallion to collection facility of $25 plus actual shipping expenses for Federal Express.  Priority Overnight shipping will be required prior to each shipment.  Any shipments to be sent by airline counter-to-counter service will have additional charges to cover courier and airline charges. Friday Federal Express shipments requiring a Saturday delivery will include an additional surcharge. 

3. **Breeder will ship semen in Equitainers instead of the disposable one-way containers some farms use, due to their increased reliability. Because of the high replacement costs of these containers, a $300 refundable security deposit is required prior to shipment. A check can be accepted, and will be returned to you upon our return of the Equitainer or this fee may be secured through a credit card charge only to be charged in the event of non-returning of the Equitainer.   The Equitainer must be returned to Breeder, first class shipping, within 7 days at the expense of the mare owner, or refundable deposit is forfeit.

4. At this time we will collect and ship any day Monday through Friday with advance confirmation by 4:00 p.m. (CST) the evening before (Notification is needed by Saturday, noon CST for a Monday collection).  ******We require you to have your mare ultrasound at first observation of active heat cycle in order to provide us with an anticipated collection date.    In order to guarantee adequate concentration of sperm count, the stallion will need to be scheduled for no live covers or collections for 48 hrs. prior to anticipated collection need. 

5. This Contract contains a "Live Foal Guarantee." A live foal is described as a foal that stands and nurses without assistance. If foal is born dead, there are return privileges for the following season only, providing Breeder is notified within 14 days and receives a veterinarian’s statement confirming death. If after being pronounced "safe in foal", the mare should miscarry, abort or prove barren, the Mare Owner has the privilege to rebreed her during the current breeding season, or the following year, 2008 by transported semen providing there are transported breedings still available. The Mare Owner certifies that such abortion or death did not result from any act or omission of the Mare Owner. Booster rhinopnuemonitis vaccinations (EHV-1) must be administered as indicated by the individual drug manufacturer as the Mare progresses through her pregnancy. FAILURE TO DO THIS WILL VOID THE LIVE FOAL GUARANTEE.   Any rebreed may be done on -site for current farm breeding charges.

6. The mare should be in a healthy and sound breeding condition. A current copy of registration papers, mare information sheet and veterinarian's health certificate must accompany breeding fee.

7. Breeder agrees to diligently try to settle the mare, however, if mare fails to settle, for any reason, Mare Owner will hold Breeder blameless. We ask that if Mare does not get in foal on the first semen shipment, that Owner call ‘Howe’ They Walk Farm and discuss any problems. It is the goal of all parties that your Mare get in foal and produce you, the Mare Owner, a live foal with the first semen shipment.

8. Mare Owner must notify Anita Howe (816-625-0107) (816-686-7748) when your Mare has been checked for pregnancy. We require ultrasound examination at 14-16 days after insemination and again at 24-35 days to ensure your Live Foal Guarantee.

9. A Breeding Certification in the form of a signed foal registration form will be issued for the foal, conceived by this mating, when the stallion fee and all other expenses have been paid in full and when mare has produced a live foal from this mating.

10. It is further agreed that should the stallion die or become unfit for service prior to fulfilling this contract, this contract becomes null and void. Any prepaid booking fee will be refunded at that time. Fees for collection and shipping will be refunded if none of those expenses have yet been incurred on behalf of the Mare Owner, at that time. If the mare should die or become unfit to breed prior to fulfilling this contract, the Mare Owner may substitute another mare.

11. This Contract is non-assignable and non-transferable.

12. This Contract is entered into in the State of Missouri and will be interpreted and enforced under the laws of that state. If any clause in the Contract is against State Law, then that clause shall be null and void. "WARNING - Under Missouri law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risk of equine activities."

13. Should either party breach this contract, the breaching party shall pay for the other’s court cost and attorney fees related to such default. The forum for any litigation regarding this contract will be Jackson County, Missouri.

14. This Contract represents the entire agreement between parties. No other agreements or promises, verbal or implied, are included unless specifically stated in this written Contract. Any additional agreed-upon conditions should be individually initialed by each party. If none, check here____.

When Mare Owner and Breeder sign this Contract, it will be binding on both parties, subject to the above terms and conditions.

Mare Owner’s (or authorized agent’s) Signature/Date

Fees due with signed contract:

Booking fee:                                 $250.00

Collection/Laboratory fee:            $250.00  (this is a direct, third-party fee passed along to mare owner for collection and processing and is subject to change)

Stallion Transport fee                     $25.00 (Papa to a collection facility)

Overnight Shipping charges: to your selected location  $_________ (may be calculated upon request and is based upon destination and delivery time selected)

**Refundable security deposit on Equitainer       $300.00    (a separate check or credit card may be used for holding on this security deposit to be returned to Mare owner upon return of the Equitainer unit)

Total Due with signed, execution of this contract                                     $__________

Balance of fees due within 30 days of mare declared "in-foal" $ 250.00

***Additional shipments if needed = $ (collection fee +  stallion transport + shipping costs + Equitainer security deposit)

Mare Owner’s Address & Telephone (work & home)

__________________________________________________________________________

__________________________________________________________________________

Mare Owner's Email Address         _________________________________________

__________________________________________________________________________

Breeder’s (or authorized agent’s) Signature/Date

Anita Howe, Howe They Walk Farm, 9969 D Highway, Napoleon, MO  64074

Phone 816/625-0107       Fax 816/690-4447    Mobile 816/686-7748