2015 Stival Cooled Semen Contract

Shaikh Al Badi
Ruminaja Ali
Bint Magidaa
Anaza El Farid
*Ansata Ibn Halima++
Bint Deenaa
*Deenaa
Gazal Al Shaqab
*Naborr
Kaborr++
Bint Kholameh
Kajora
Exelsjor
*Edjora++
Edessa
STIVAL
2006 Bay Stallion
Ruminaja Ali
*Ali Jamaal
Heritage Memory
Soho Carol
Bey Shah+
*RSD Stndg Ovation
RSD Khaptivation
Paloma De Jamaal
Zurich
*Barich De Washoe
*Aldebaran II
Palomara
*GG Samir
WN Sweetvalentine
WB Miel
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, Stival 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/stival/
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/PTW Representative: Initial: NG Date: ________
Peri T. Wilson
28643 Shirley Shores Rd
Tavares, FL 32778
352-742-7775 office
352-742-7773 fax
2015 Stival Cooled Semen Contract
I.
Parties. THIS AGREEMENT is made this _______day of ______________________, 20_____ by and between
Peri T. Wilson, (hereinafter “PTW.”), and:
Name (hereinafter “Client”)
Address
City
Residence Phone
Business Phone
State
Zip
Fax Number
Farm Name and Address (if different)
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:
____________________________________________________________________________________________________N
Address
Phone
ame
( ) 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
A. STUD FEE. Client contracts to breed the Mare to Stival AHA Reg. #0629607 (Hereinafter the “Stallion”) during the 2015
breeding season. The Stud Fee for this Breeding shall be $4,000.00. A $1,000.00 deposit shall constitute as a final, irrevocable and
non-refundable Booking Fee, payable upon Clients execution of this Agreement. The Balance of the Stud Fee shall be $3000.00
paid as follows: The unpaid balance 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 in the event that the stallion is
unavailable or unable to breed with cooled semen for any reason then frozen semen shall be made available to the client for
breeding or rebreed to the mare or (“substitute mare”) as hereinafter defined.
Page 1 of 3
*Contract expires without execution 30 days from issue date listed and initialed below.
Gallun/PTW Representative: Initial: NG Date: ________
If client opts not to utilize frozen during the breeding season the clients sole remedy is to carry the breeding to the following year
for use of cooled semen without penalty to the client. If stallion becomes permanently unavailable in case of death, all obligations of
Stallion owner and client shall terminate and the cleint’s sole remedy in such event shall be the refund to the client of the stud fee
paid less a $1,000.00 irrevocable and non-refundable booking fee. It is understood that this breeding is non transferable and nonsaleable.
B. 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 (72) hours after birth), PTW will provide a rebreeding to the Mare or substitute Mare (upon written approval
from PTW) 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 PTW or any of its affiliates.
5. Client pays a rehandling fee of $500.00.
6. If breeding is used in 2015 and mare fails to conceive, Client will be charged a rebooking fee of $500.00 in 2016. If no attempt
to breed the Mare in 2015 occurs then the Client will be charged a Rebooking Fee in 2016 or any subsequent year the breeding
remains unused. The rebooking fee for 2016 or after will be the greater of $1000.00 or the difference between, the paid Stud
Fee as indicated in this agreement and the current year Stud Fee for the Stallion.
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 PTW 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, PTW 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 Marion
County, FL. If PTW or any of the Released elects binding arbitration, PTW, 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 PTW 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. THIS AGREEMENT MUST BE SIGNED BY THE CLIENT AND PTW 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
PTW, which may be withheld in PTW’s discretion. PTW may assign any right or delegate any duties under this Agreement upon
written notice to Client. Any breech of this contact by Client, PTW 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 PTW then Client shall be responsible for any additional stud fees and handling charges to affiliates. Client
may also be subject to a $1,000.00 penalty to be paid to PTW; if semen is used on multiple Mares, sold or traded without prior
written consent of PTW. Furthermore, any resulting foals will not be eligible for registration unless all financial obligations are
satisfied.
Page 2 of 3
*Contract expires without execution 30 days from issue date listed and initialed below.
Gallun/PTW Representative: Initial: NG Date: ________
VIII. TAXES. Client shall pay for and shall indemnify and hold PTW 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 PTW. This Agreement shall not be construed against PTW on the basis that PTW
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 Florida.
THE CLIENT HAS READ AND ACCEPTS ALL THE TERMS OF THIS AGREEMENT.
__________________________________________
CLIENT SIGNATURE
__________________________________________
PERI TILGHMAN WILSON
___________________________________________
DATE
__________________________________________
DATE
Page 3 of 3
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:_____________