Click here to breeding packet

Anaza El Farid
Gazal Al Shaqab
Kajora
Marwan Al Shaqab
Fame VF+
Little Liza Fame
Katahza
FA El Shawan
El Shaklan
ZT Shakfantasy
RH Light Fantasy
Foxbriar Shakita
Furno Khamal
Selket Mirror
Preferred Time
PROMETEUSZ
2012 Bay Stallion
Ruminaja Ali
Anaza El Farid
Bint Deenaa
Gazal Al Shaqab
Kaborr+++
Kajora
*Edjora++
Pianissima
Bandos
Eukaliptus
Eunice
Pianosa
Probat
Pinia
Pilarka
G A L L Ú N FARMS IN C.
P.O. Box 1949 • Santa Ynez, CA • 93460
Phone: 805.693.0083 • Fax: 805.693.0874 • [email protected]
www.gallunfarms.com
Dear Client:
Thank you for your interest in the stallion, Prometeusz for the 2015 breeding season. Please find his photo,
pedigree, 2015 breeding agreement, and breeding fee schedule attached here.
For additional photos, video and program nomination information visit www.gallunfarms.com/prometeusz/
Please feel free to contact us with questions at 805.693.0083, or via email at [email protected]. We look
forward to hearing from you!
Sincerely,
Greg & Nancy Gallún
Gallún Farms, Inc.
*Contract expires without execution 30 days from issue date listed and initialed below.
Gallun Representative: Initial______Date:__ __
PROMETEUSZ BREEDING CONTRACT
2015
I. Parties. THIS AGREEMENT is made this _______day of ______________________, 20_____ by and between GALLUN
FARMS, INC (hereinafter “GFI”), and:
_______________________________________________________________________________________________________________
Name (hereinafter “Client”)
_______________________________________________________________________________________________________________
Address
City
State
Zip
_______________________________________________________________________________________________________________
Residence Phone
Business Phone
Fax Number
_______________________________________________________________________________________________________________
Farm Name and Address (if different)
E-Mail Address
II. Horse. This Agreement pertains to the purebred or part Arabian horse (hereinafter “the Horse” or “the Mare”):
________________________
_________________________
____________________________
________________________
_________________________
___________________________
Name of Horse
Registration Number
Sire
Date Foaled
Dam
Color
III. Ownership. Client (make one): ( ) owns 100% of Horse; ( ) leases the Horse from:
______________________________________________________________________________________________________
Address
Phone
Name
( ) or, has purchased the horse on an installment contract with final payment due _____________ and title and registration are
currently held by: __________________________________________________________________. If Client does not own
100% of the Horse, the names, addresses and phone numbers of all owners of the Horse are:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
Client represents and warrants that Client is authorized to bind each owner of the Horse to this Agreement, as if each such owner
was the “Client” hereunder and Client acknowledges and agrees that the liability of each owner of the Horse under this Agreement
shall be joint and several.
IV. BREEDING
STUD FEE. Client contracts to breed the Mare to PROMETEUSZ AHR #0659664 (Hereinafter the “Stallion”) during the 2015
breeding season. The Stud Fee for this Breeding shall be $3,000.00 USD. A $1,000.00 deposit shall constitute as a final, irrevocable
and non-refundable Booking Fee due at the signing of this contract. The Balance of the Stud Fee shall be paid as follows: The
unpaid balance of $2,000.00 shall be paid in full prior to semen shipment. Client represents and warrants the Mare shall be
suitable for breeding or rebreeding and shall be free of all disease and illness at such time. Collection, insemination, and shipping
fees are to be paid by the Mare owner and are in addition to the stud fee. Client agrees that should the Stallion be unavailable or
unable to breed or rebreed the Mare or (“Substitute Mare” as hereinafter defined), with either cooled or frozen semen, all
obligations of GFI and the client shall terminate and Client’s sole remedy in such event shall be a refund to the Client of the Stud
Fee paid less the $1,000.00 Booking Fee. It is understood that this Breeding is non-transferable and non-saleable.
Page 1 of 2
*Contract expires without execution 30 days from issue date listed and initialed below.
Gallun Representative: Initial______Date:__ __
REBREEDING: If the Mare is bred to the Stallion and fails to produce a “live foal” (defined as a foal that stands, suckles and
survives seventy-two (48) hours after birth), GFI will provide a rebreeding to the Mare or substitute Mare (upon written approval
from GFI) the immediate following breeding season; provided that:
1. The failure to produce a live foal is certified in writing by a licensed veterinarian within one (1) week of such determination and
such certification is provided to the Stallion owner within two (2) weeks from determination.
2. The Failure of the Mare to produce “live foal” was not contributed by any act or omission of the Client or any other person or
entity.
3. The Mare was, during her pregnancy, vaccinated against Rhinopneumonitis abortion.
4. Client is not at the time of any intended re-breeding in breach of any obligation owed to GFI or any of its affiliates.
5. Client pays a re-handling fee of $500.00.
In addition, Client may carry over the breeding to the following breeding season (2016) provided, the Mare is bred and fails to
conceive and Client pays a re-handling fee of $500.00. If no attempt to breed the Mare in 2015 occurs then Client will be charged a
Rebooking Fee of $1,000 in 2016 or any subsequent year the breeding remains unused.
V. LIMITATION OF LIABILITY; ASSUMPTION OF RISK; INDEMNIFICATION AND LEGAL ACTION.
A. All special, incidental, and consequential damages, including, but not limited to, lost profits, are hereby excluded disclaimed and
shall not be awarded or recovered by Client. In no event shall Client’s remedies exceed the amount of the fee paid for the service
complained of.
B. As a condition precedent to any legal action by the Client, Client shall notify GFI in writing at least thirty (30) days in advance
of initiating any legal action against the Released, or any of them, regarding or concerning, in whole or in part, the Horse, any of
Client’s horses, the Agreement or any other claim against the Released. Within twenty (20) days of receiving such notice, GFI or
any of the Released shall be entitled to require that such action be resolved by submission to binding arbitration before the
American Arbitration Association (“AAA”), in accordance with the Rules of the AAA, with such arbitration to take place in Santa
Barbara County, California. If GFI or any of the Released elects binding arbitration, GFI, the Released and Client to the fullest
extent allowed by law, waives trial by jury or by court.
Notwithstanding anything herein to the contrary, any action, proceeding or arbitration against the Released regarding the
Horse, any of the Client’s horses, this Agreement or any other claim against the Released or any of them must be filed with a court
competent subject matter jurisdiction or the AAA (if GFI or the Released so elects) no later than one hundred twenty (120) days
from the date of the claimed loss or be forever barred. The prevailing party to any such action, proceeding or arbitration shall be
entitled to collect all reasonable attorneys’ fees and costs, in addition to all other relief, through and including petitions and appeals.
VI. ACCEPTANCE. THE CLIENT AND GFI MUST SIGN THIS AGREEMENT AT THE TIME OF OR PRIOR
TO BREEDING.
VII. ASSIGNABILITY. Client may not assign any right or delegate any duties under this Agreement without written consent of
GFI, which may be withheld in GFI’s discretion. GFI may assign any right or delegate any duties under this Agreement upon
written notice to Client. Any breech of this contact by Client, GFI will not sign the registration form for the resulting foal. In the
event, Client uses semen shipment to inseminate multiply Mares or a different Mare from the one stated on this Agreement without
prior written consent of GFI then Client shall be responsible for any additional stud fees and handling charges to affiliates. Client
may be subject to a $1,000.00 penalty to be paid to GFI if semen is used on multiple Mares sold or traded without prior written
consent of GFI. Furthermore, any resulting foals will not be eligible for registration unless all financial obligations are satisfied.
VIII. TAXES. Client shall pay for and shall indemnify and hold GFI harmless from any sales, excise, use or similar tax relating to
the Horse or any of the Client’s horses, including and interest and penalty hereon.
IX. ENTIRE AGREEMENT: INTERPRETATION; CHOICE OF LAW; ETC. This Agreement contains the entire
understanding of the parties concerning the subject matter and supersedes any prior or contemporaneous agreement between the
parties. This Agreement may only be modified or amended in writing stating the modification or the amendment of this
Agreement, which is signed by the Client and GFI. This Agreement shall not be construed against the GFI on the basis that GFI
drafted the same. Headings are for the convenience only and are in part of this Agreement. The invalidity of or unenforceability of
any term or provision of this Agreement shall not affect the validity or enforceability of the remainder. The Agreement shall be
construed and governed by the internal laws of the State of California.
THE CLIENT HAS READ AND ACCEPTS ALL THE TERMS OF THIS AGREEMENT.
__________________________________________
CLIENT SIGNATURE
__________________________________________
GALLUN FARMS< INC
___________________________________________
DATE
__________________________________________
DATE
Page 2 of 2
Gallun Farms, Inc
P. O. Box 1949
1977 Edison Street
Santa Ynez, CA 93460
Phone
Fax
805-693-0083
805-693-0874
Breeding Fee Schedule - 2015
The following fees are to be paid by the Mare Owner:
Handling Fee Per Shipment - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$300.00
(Includes stallion collection and semen processing: Priority Overnight Shipping Charges and/or Air Charges to be paid by
mare owner in addition to Handling Fee)
Equitainer Late Fee - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $25.00 per day (Equitainer must be returned within 4
business days from ship date—this policy will be strictly enforced – late fees will be charged to the credit card on file)
Courier Service - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -$175.00/weekday $225.00/weekend or holidays
Airline Fee - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $125.00
(All shipments being sent by air are based on availability and will be taken to the airport via a courier service. All shipments will
depart from Santa Barbara Airport on United Airlines or US Airways and Gallun Farms will not guarantee that same day arrivals
are possible.)
CREDIT CARD NUMBER and COMPLETED AUTHORIZATION FORM WILL BE REQUIRED PRIOR TO
SEMEN BEING SHIPPED. CREDIT CARDS WILL BE CHARGED ON THE DAY OF SEMEN SHIPMENTS.
Gallun Farms shall provide semen from the stallion indicated on this form provided the request coincides with a binding
Breeding Agreement. Gallun Farms makes no other guarantees expressed or implied as to the condition of the semen once the
equitainer has left our care.
Gallun Farms Stallion collection days are Monday, Wednesday and Friday only. Gallun Farms must receive 24 hour notice for
semen shipments. All Shipments will be processed as requested on a first come first serve basis.
Stallion Requested: _____________________________ Mare Name (REQUIRED): ______________________________
Mare AHR# (REQUIRED):_______________________ Mare Owner: __________________________________________
Mare Owner Signature:___________________________ Date: _____________
Credit Card Information: (By completing and signing below, the client understands that their credit card will be charged for
services listed above. Gallun Farms also retains the right to charge shipping fees directly to any credit card that is declined by
FedEx.)
Name: _________________________________Farm Name: __________________________
Fed Ex Account# (Optional): _____________________________________________________
Billing Address: _______________________________________________________________
_____________________________________________________________________________
Phone: ______________________ Fax: ____________________ Email: __________________
Visa / MC Number/AMEX: ___________________________________ Exp. date __________ Sec. Digits______
Card Holder Signature: ______________________________________ Date:_____________