Terms & Conditions
- This breeding contract is to be returned with a non-refundable Booking Fee and Chute Fee. Stallion Fee is for one live foal. The Balance of Stallion Fee is additional and due when the mare is checked in foal or upon her departure from the breeding facility after having been inseminated, or prior to the first cooled semen shipment. Mare Owner MUST provide a photocopy of all the mare’s registration papers (AQHA,APHA, etc etc) with the breeding contract. All other expenses shall be due according to the schedule(s) listed below.
- Mare shall be in healthy and sound breeding condition.
- For On-Site Breedings:
- Mare Owner will furnish FRUS with a current negative Coggins test and all current health records. If a Coggins test does not accompany mare, FRUS’s veterinarian will examine and/or testmare at Mare Owner’s expense. FRUS reserves the right to decline any mare that is not in proper condition, or does not have all of the records, tests, and registration documentation as required herein.
- FRUS agrees to furnish all facilities for the care and feeding of the mare while in its custody. Mare Owner agrees to pay for care and feed and at the daily rate of $22.00 for Dry Mare/Lights stall, $25.00 for Wet Mare/Lights stalls. FRUS’s veterinarian will administer medical care as deemed necessary for the health and safety of the mare and foal at Mare Owner’s expense. There will be a $600.00 foaling charge on all mares foaled at Foals-R-Us .
- FRUS agrees to try diligently to settle the mare, however, if she fails to settle for any reason, Mare Owner will hold FRUS blameless and return privileges will be granted for the return
contract year only.
- The Undersigned agrees that FRUS and its agents, officers, and employees will not be responsible for any accident, injury, sickness, or death to the mare or its foal, whether from flood, fire, theft, act of God, or for any other reason. The undersigned agrees to and shall indemnity and hold harmless FRUS and its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney fees, for injury or death to the mare and/or foal. Any person associated with FRUS is not liable for death, or any disease, accident, and/or injury caused to the mare and/or her foal, and that Mare Owner is not liable for the death, or any disease, accident or injury caused to the stallion.
- FRUS requires the Balance of the Stallion Fee, plus all unpaid board and expenses must be paid in full be fore the mare is released from Foals-R-Us. A mare owner representative will be allowed to pick up the mare if a signed credit card authorization is on file.
- For Cooled Semen Shipments:
- A Cooled Semen Shipment includes the cost of the collection, evaluation of the semen and shipping fees. 1st Fed-Ex Domestic or two on-site pick up are included in the chute fee. If the 1st shipment is requested as Counter to Counter, an additional $100 will be required prior to shipping. Additional shipment swill be $325.00 for Fed-Ex and $425.00 for Counter to counter by Air freight.
- Stallions are collected on Monday, Wednesday and Friday. There are no exceptions. You must give 24-hour advance notice to Foals-R-Us prior to actual shipment at ph# 903-564-3200. Shipment requests must be called in, and not emailed. Foals-R-Us requires that all cooled semen expenses be paid in advance of shipment . In the case of subsequent shipments, any additional shipping fees must be received before the next shipment will be sent. Mare Owner may deposit additional funds with Foals-R-Us or provide Breeder with credit card information. Monthly statements will be mailed for services provided and charges made or deposits used.
- Shipping container must be returned to Foals-R-Us within 6 days of receipt of semen shipment. Shipping containers not returned within the above specified time frame are subject to a fee of $50.00 There will be a maximum of two (2) shipments allowed per breeding cycle on all stallions.
- Foals-R-Us only assumes responsibility to ship semen in viable condition and shall not be held liable for contamination of semen during and after shipment, loss of viability, or any costs arising from shipments delayed, damaged or lost in transit. Foals-R-Us does not guarantee the fertility of any stallion but agrees to process each ejaculate to optimize 24-hour post cool motility and subsequent fertility. Every effort should be made to inseminate the mare within 24 hours after collection from the Stallion. Mare Owner agrees to use all cooled semen provided by the Agreement for the mare named in this Agreement and no other. Every effort will be made to accommodate your mare’s breeding time frame; however, it is the Mare Owner’s responsibility to contact Foals-R-Us so that your veterinarian and ours can get your mare in foal on a timely basis. Failure to adhere to the above requirements may result in missed heats and delayed shipments AT THE MARE OWNER’S EXPENSE. Insemination must be done by a veterinarian knowledgeable in successful insemination techniques. Mares on premises of Foals-R-Us, Inc. have breeding priority on any given breeding day; therefore we make no guarantee cooled semen will be available for a specific day.
- If Cooled Semen is replaced by Frozen Semen, additional fees will apply at rate of $150.00 per dose.
- There will be a $50.00 Administrative Fee charged for substituting mares during calendar breeding season.
- Monthly statements shall be mailed for services herein provided. Such statements shall be due and payable upon presentation. Statements not paid within 30 days will be subject to a finance charge of 1.5% per month or the maximum rate allowed by the law.
- The above stated fees are subject to change at the discretion of Foals-R-Us
- This contract contains a Live Foal Guarantee for the initial contract year when the mare has been pregnancy checked and declared to be safe in foal by a veterinarian. A live foal is described as a newborn foal that stands and nurses without assistance. If the mare miscarries, aborts, or the foal is born dead, Mare Owner agrees to furnish to the Stallion Owner, within seven (7) days, a veterinarian’s statement describing the occurrence, in such a case, return privileges will be available for one year ONLY. If the Mare Owner fails to return the mare for breeding the following year, then any and all fees paid shall be forfeited, the right to rebreed is cancelled and the Stallion Owner is released from all further obligation of the contract, unless otherwise agreed in writing and signed by all parties. Breeding fee(s) will not be refunded. FRUS does not make any warranty or representation as to the quality or confirmation of the foal, merchantability or fitness for a particular purpose, or that the foal will be free of any infirmity, conformation defect, disease or inherited trait.
- If the mare dies or becomes unfit to breed, the Mare Owner may return during this season or the following season ONLY with a suitable mare approved by the Stallion Owner/FRUS. There are only return privileges only if FRUS is provided with a licensed veterinarian statement confirming such condition. FRUS may, at its election, either rebreed the mare or refund the Stallion Fee paid pursuant to this contract, less the non-refundable Booking and Farm Fees, thereby relieving the FRUS of its obligations to rebreed the mare. This provision does not apply to mares that are being bred under the authorized rebreed privilege.
- Should the above named stallion die or become unfit for service for any reason, then this contract shall become null and void and both parties are relieved of any further obligation hereunder, and any monies paid by the Mare Owner toward the Stallion Fee, with the exception of the non-refundable Booking Fee and Farm Fee shall be refunded to the Mare Owner if the mare is not settled or would qualify for rebreed privileges.
- Embryo Transfers: Mare Owner agrees to notify Foals-R-Us that this is an embryo transfer mare. In the event of multiple embryos from a single flush, Mare Owner agrees to pay a stallion fee of $ 2,000.00 for each additional live foal. Additional Breeder Certificates will be issued upon receipt of necessary stallion fee(s). For mare’s onsite at Foals-R-Us, there is a supplementary Embryo Transfer Agreement that must be executed and its provisions are hereby incorporated herein. 11a. Vitrified (Frozen) Embryos: Mare Owner agrees to notify Foals-R-Us that the embryo was vitrified within 48 hours of recovery. If vitrified embryos are utilized in the off season (from July 1 contract is considered fulfilled. Any further rebreed rights are at the discretion of the stallion owner and to be agreed up on up front and in writing. All nomination fees are solely the responsibility of the mare owner.
- A Breeder’s Certificate will be issued for a foal when the Stallion Report is filed (after a veterinarian pronounces the mare safe in foal), the Booking Fee, the Chute Fee, Stallion Fee and all other expenses have been received by FRUS in full, and FRUS has been notified that a live foal has been produced.
- Rebreeds and donated breeding’s are subject to a $650.00 chute fee.
- There will be no exceptions to the terms of this contract and it is not transferable unless provided for in writing and signed by all parties.
- This shall be a binding contract on both parties, subject to the terms and conditions set forth herein and shall be binding on and shall insure to the benefit of the parties and their heirs, personal representative and permitted successors and assigns. This contract is not transferable or assignable by Mare Owner and is made solely for the benefit of the parties hereto and their respective permitted successors and assigns and no other person or entity shall have or acquire any right by virtue of this contract not provided for in writing and signed by both parties.
- The parties hereby specifically agree that this Agreement shall be construed, governed and interpreted by and in accordance with the internal laws of the State of Texas. In any action or arbitration is brought to enforce or interpret the terms of this Agreement, the proper place of venue shall be Grayson County, Texas as this agreement shall be performed in Grayson County, Texas as the last act to make this a binding contract occurred in Grayson County, Texas. Should any civil action by commenced between the parties concerning this Agreement, or any rights or duties hereunder, the prevailing party shall be entitled, in addition to any other relief as may be granted, to reasonable attorney’s fees and disbursements as determined by a court or competent jurisdiction. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remaining provisions of this Agreement shall be nevertheless continue in full force and effect without being impaired or invalidated in any way except the parties agree to insert, to the extent possible, a substitute provision to carry out the intention of the parties.
- A 3.5 % Convenience Fee will be charged on all Credit Card transactions.
WARNING, UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE) AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF ANY PARTICIPANTS IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES.