DQ Sportpferde
124 W Main St., Sudlersville, MD 21668 (202) 999-0510 E-mail: DecoratedQuality@gmail.com
Royal Graffiti Breeding Contract
1. Parties. This Agreement is made on this date _________________ by and between DQ Sportpferde (DQS) and:
Name: __________________________________ Phone ______________________ Email_____________________________
Address: ______________________________________________________________________________________________
2. Horse. This contract pertains to the horse (hereafter “the horse” or “the mare”):
Name of Horse _______________________________ Breed ____________ Registration Number _______________________
Age _____ Color ______ Sire _________________________________ Dam _______________________________________
3. Ownership. Customer:
_______ has full title and registration
_______ leases the horse or manages the horse and full title and registration are currently held by:
Name: ____________________________ Phone ______________________ Email___________________________________
No semen will be collected without a completed, signed, and paid in full contract!
4. Breeding. Customer agrees to breed this mare to Royal Graffiti (hereafter known as stallion) Standing at DQS during the ________ breeding season. The stud fee agreed upon shall be: $___________ Full or Breeding special / Discounted fee (circle one) for Royal Graffiti.
Stud fee includes a $350 non-refundable booking fee and a $150 non-refundable handling fee. The non-refundable booking fee is due upon execution of this contract. Booking fee must accompany signed contract. Handling fee applies after first shipment of semen. Stallion contract may not be sold or transferred for use onto another mare without approval from DQS.
Balance payment Options:
______ A. Payment in full upon execution of this contract.
______ B. Prior to shipment of cooled shipped semen.
5. Payment in Full. No semen shall be collected or shipped until balance of breeding and collection fees are paid in full.
6. Booking Fees. The $350 non-refundable booking fee shall guarantee the customer a breeding to the stallion during the agreed breeding season only, and only guarantees a breeding for that year. Customer must notify DQS no later than June 1 as to the approximate time of mare for breeding and request for semen. If no contact has been made with DQS concerning semen request by deadline mentioned above, this contract will be considered abandoned and thereafter will be null and void. Approximate time of breeding (Month): __________
7. Handling Fees. A $150 non-refundable handling fee is included in price of stud fee for each year of service of mare for breeding and will apply once the first shipment has been sent out. If the mare fails to conceive despite application of standard breeding practices for an entire breeding season, a $150 non-refundable re-handling fee once semen has been sent out per year of service will be charged.
8. Collection Fee and Info: All stallion collections will be performed by a stallion collection facility of DQS’ choosing. A collection fee is USD $450.00 per semen collection, plus any shipping charges and will be due by the Mare Owner and payable to DQS prior to shipment of semen. A disposable shipping container will be included in price of collection. Each shipment of semen will be charged to Mare Owner by DQS and must be paid in full prior to any collection and shipment of semen. DQS requires that a valid credit card number and/or a valid FedEx number be provided to the collection facility direct for all semen shipping charges in advance of collection of semen.
Stallion collections are available Monday-Friday, and require a minimum of 24 hours notice before a collection is required. Advance notice of impending request for semen as soon as mare is showing signs of heat is advised. DQS will not be liable for any shipping delays once semen is in possession of the shipping company. All attempts will be made to ensure semen arrives as ordered. In extenuating circumstances, if fee and available, DQS will attempt to assist in additional transport as needed at mare owners expense and request (i.e. counter to counter, or delivery to an airport, etc).
9. Stallion Breeding Credits: This is a two year contract. If the mare does not conceive, or proves to be barren, the mare owner will have the following options:
a. Continue to have the mare bred during the contracted breeding year after the mare has been completely checked and cultured by a veterinarian and found to be breeding sound.
b. Rebreed the mare the following year. Mare must be completely checked and cultured by a veterinarian and found to be breeding sound. Booking and re-handling fees to apply.
c. Substitute another mare for breeding. Substitute mare must be approved by DQS.
Service of the mare by any other stallion after initial collection and shipment of semen from DQS automatically voids any return breeding credits.
10. Vaccination Requirement: No live foal guarantee or breeding credit shall apply if the mare has not been vaccinated, against rhinopneumonitis (viral abortion) during the fifth, seventh, and ninth months of pregnancy, and the mare has found to have aborted due to rhinopneumonitis, in which case customer shall not be entitled to any refund, rebreeding credit, or credit of any kind.
11. Live Foal Guarantee Policy: Subject to the terms hereof, a single live foal from a mare that is checked in foal at 30 days of pregnancy is guaranteed. A single live foal is defined as one (1) foal that is able to stand alone and nurse within a 24 hour period. If the mare produces a foal that is unable to stand alone and nurse, and subsequently dies, a certificate completed and signed be a licensed veterinarian, must be provided to stallion owner affirming proper care of mare during pregnancy, and cause of death of foal, within a seven (7) day period. Upon receipt of veterinarian certificate, one (1) breeding credit shall be assigned to mare owner for the following year.
Such credit issued must be used within a 1 year period of death of foal. Should stallion not be available, as stated in paragraph 12 below at time of breeding credit, such credit may be applied toward any other stallion standing at DQS during credit use year. If credit is not chosen to be used with replacement stallion within allotted time, it shall then become null and void. If no replacement stallion is available within credit year, credit shall become null and void.
12. Unserviceability of Stallion Breeding Policy: Should stallion die or become sterile, or unfit for breeding, this contract shall become null and void. If no attempt was made to breed mare, all monies except booking fee, will be returned. If any attempt was made and mare did not settle in foal, all monies except booking, handling, mare care or additional fees will be returned. If any breeding attempt was made and mare did settle checked in foal at 30 days of pregnancy, any and all monies paid will not be returned.
13. Breeding Certificate: DQS will execute the stallion’s portion of the breeding certificate (if applicable) for the resulting foal only when the entire balance is paid in full and upon notification of live foal. It is the responsibility of the mare owner to apply for any available registration of resulting foal and pay all fees. Any unpaid fees to DQS shall result in refusal of stallion owner to release breeding certificate of any resulting foal. Foals eligible for registration with ISR Oldenburg N.A., and KWPN book B.
14. Limitation of Liability and Indemnification. DQS and its affiliates, agents, and Employees shall not be liable for sickness, disease, astray, theft, death or injury that may be suffered, nor for any other loss, damages, or injury arising out of or connected with breeding, or any other services pursuant to this contract, except as required by law. Customer fully understands, authorizes, and assumes the special risks inherent in breeding, and acknowledges that mortality and other insurance is solely customer’s responsibility. All implied warranties, including fitness, merchantability, or otherwise, and all special, incidental, and consequential damages are hereby excluded, to the full extent permitted by law. In no event shall customers’ remedy exceed the amount of the fee paid for the service complained of. DQS shall also not be liable for any personal injury or disability, which the customer or his agents, representatives or families may receive except as required by law. Customer agrees to indemnify and hold DQS harmless from any claim related to damages, illness or injury caused by the horse and agrees to pay all expenses and attorney’s fees incurred by DQS in defending such claims.
15. Insurance: Mare owner fully understands and agrees the DQS is under no obligation to and will not carry any public liability, accidental injury, theft, or equine mortality insurance on the mare and/or foal and that all risks connected with breeding or foaling are to be borne solely by the mare owner.
16. Acceptance: This contract is not effective until mare is evaluated by a DQS mare liaison for quality (conformation, movement, pedigree, accepted registries, Mare book status, predicates, etc.) and accepted for breeding, and contract is approved and executed by DQS. DQS reserves the right to reject any horse at its sole discretion if it finds the horse has been mis-represented in any way and deem this contract null and void and no monies paid will be returned.
17. Liens. Customer agrees that all outstanding balances due associated with this contracted breeding, and any / all other subcontracted services and fees, charges, and expenses pursuant to this contract and /or return mares for breeding pursuant to this breeding contract shall be paid prior to DQS’ release of breeding certificate. Customer grants DQS a lien upon and security interest in any resulting foal produced by a breeding at DQS to secure payment of all obligations and amounts due under this contract and also grants DQS the right to hold the breeding certificate or place a notice of hold on registration papers with the registry. DQS may, at any time until all amounts due hereunder are fully paid, file a photocopy of this contract in the county or state in which it believes the horse or foal to be kept or where the customer resides and when so filed the copy shall be effective as a financing statement as well as a security agreement.
18. Nonassignability. Customer may not assign any rights or delegate any duties under this contract without the written consent of DQS.
19. Entire Agreement; Construction; Jurisdiction; Attorney’s Fee’s. This contract contains the entire understanding of the parties concerning its subject matter and may be modified only in writing except as otherwise provided. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the remainder. The contract shall be construed any governed by the laws of Maryland. At DQS’ option, jurisdiction and venue for all disputes connected with this contract shall be proper only in Queen Anne’s county, Maryland. DQS will not be responsible for any attorney’s fees except their own if any legal action is filed with respect to this contract.
____________________________________ ______________________
Customer Signature Date
____________________________________ ______________________
DQ Sportpferde Date
If owner is different than above customer, customer must provide written consent from owner. Consent form must be submitted upon execution of this contract along with owners’ signature of approval.
___________________________________ _______________________
Owner Signature Date
WE ACCEPT MANY FORMS OF PAYMENT OPTIONS. CASH, CHECK, CASHAPP, ZELLE, VENMO, PAYPAL, ETC. CONTACT US FOR YOUR PREFERRED METHOD.