Orrion Farms

El Rey Magnum RCF ~ Frozen Semen Breeding Agreement


FROZEN SEMEN BREEDING AGREEMENT

 

THIS FROZEN SEMEN BREEDING AGREEMENT (the “Breeding Agreement”) is made this  day August 8, 2022, by and between Orrion Farms LLC, a Washington limited liability company, 280 Orrion Road, Ellensburg, WA 98926 (“OFW”) and the following (“Mare Owner”):

 

Name: 

 

Address: 

Address 2 (if needed):   

 

Phone: Fax:

Email Address:

 

WHEREAS, El Rey Magnum RCF, AHRA #673774 (the “Stallion”) is owned by OFW; and

 

WHEREAS, the Mare Owner, subject to the conditions contained in this Breeding Agreement, desires to purchase one or more breeding to the Stallion, to be completed using frozen semen; and

 

NOW, THEREFORE, OFW and Mare Owner agree to the terms of this Breeding Agreement and will be entitled to one breeding to the Stallion for use on the Mares.

 

  1. MARES: This contract pertains to the following Mares (the “Mares”):

 

Mare #1 (registered name):    Registration #:    Registered Country:  

Mare #2 (registered name):    Registration #:    Registered Country:  

Mare #3 (registered name):    Registration #:    Registered Country:  

Mare #4 (registered name):    Registration #:  Registered Country:

Mare #5 (registered name):    Registration #:    Registered Country:  

 

Owner (as recorded on registration papers):

 

  1. OWNERSHIP OF THE MARES. Mare Owner’s ownership of the Mares is as follows:

 

If Mare Owner does not own 100% of the Mare, please identify all other parties with an interest in the Mare(s):

 

 

 

Mare Owner represents and warrants that Mare Owner is authorized to bind each person with an interest in the Mares to this Agreement as if each such owner was the “Mare Owner” under this Agreement, and Mare Owner acknowledges and agrees that the liability of each owner of the Mares under this Agreement shall be joint and several.

 

  1. BREEDING and BREEDING FEE:
    1. The Mare Owner will be entitled to breedings to the Stallion (the “Breeding”).
    2. The Breeding Fee of $3,500.00 USD per Breeding is due and payable upon execution of this Breeding Agreement.
    3. The Breeding is NON-TRANSFERABLE and NON-SALEABLE.
    4. All Amounts paid by the Mare Owner shall be non-refundable.
    5. The Breeding ensures the Mare Owner up to two (2) breeding doses of frozen semen.  Mare Owner will be responsible for the shipping and handling fees associated with the Breeding. 
    6. Mare Owner and OFW (or OFW’s authorized agent) will enter into a separate agreement regarding costs associated with shipping and handling of the frozen semen, additional breeding doses and container deposits.  
  1.  

4. REBREED CONDITIONS:

    1. Rebreed conditions apply to a Mares that does not achieve a pregnancy in the current Breeding Season or does not produce a live foal if all of the conditions listed below are met. A “live foal” is defined as a foal that stands and nurses within 24 hours of birth.  Any requests for rebreeds in the following breeding season require a written certificate from a licensed equine veterinarian attesting to the circumstances entitling the Mare Owner to a rebreed.
    2. Mare Owner agrees to have the Mares examined for pregnancy and to notify OFW of the results within ten days of the sixty-day check. Failure to have the Mares thus examined or failure to notify OFW of the results shall automatically render the live foal guarantee and applicable rebreeding rights of the Mare Owner null and void.
    3. Mare Owner must send a certificate from a licensed equine veterinarian to OFW within thirty (30) days of the discovery of the Mares’ pregnancy loss, stillbirth, or newborn foal death. It is the Mare Owner’s sole responsibility to ensure that certificate is provided to OFW.  Failure to provide OFW with certificate shall automatically render the live foal guarantee and applicable rebreeding rights of the Mare Owner null and void. This certificate must include the following:
      1. That the Mares were properly vaccinated against rhino pneumonitis in months 5, 7, and 9 of the pregnancy.
      2. That in the licensed practitioner’s opinion, the Mares were maintained in a reasonable state of health, including all vaccinations and deworming as deemed necessary.
    4. Rebreeding right shall be valid only for the subsequent breeding season and only for breedings that are utilized in the current season. Substitution of different Mares than the Mares named in this Agreement must be approved by OFW.
    5. THIS BREEDING AGREEMENT WILL BE DEEMED FULLY SERVICED AND WILL EXPIRE AFTER THREE BREEDING SEASONS.
    6. Rebreed fee will be $500.00 per year.

 

  1. AVAILABILITY OF SEMEN:
    1. OFW has adequate semen on hand for the Stallion so as to allow Mare Owner to request frozen semen at any time, even if outside the normal breeding season.
    2. Mare Owner shall make semen requests to OFW at least 24 hours prior to shipment.
    3. OFW shall provide frozen semen from Stallion to Mare Owner and makes no other guarantee of the condition of the frozen semen.
    4. Semen is shipped on the understanding that it is to be used solely to breed the Mares named in this Agreement, any attempt to use any portion of any semen shipped to Mare Owner to breed any Mares other than said Mares shall automatically terminate all obligations of OFW.  This is including but not limited to a live foal guarantee, re-breeding rights, right to additional semen, and the responsibility to register any offspring produced by the use of semen, including the original intended foal.  All of the Mare Owner’s rights provided by this Agreement shall be forfeited and the Mare Owner shall be liable for the amount up to the cost for breeding for every unapproved Mares inseminated whether a foal is produced or not.
    5. OFW reserves the right to require any Mare that has not settled within three heat cycles to be cultured or biopsied to determine breeding soundness.  Upon detection of Mares carrying an infectious/contagious disease, or for any other applicable reason, OFW reserves the right to discontinue service to Mares.  In such event, the Mare Owner is obligated to substitute another Mares to fulfill the terms of this Agreement.

 

  1. REGISTRATION OF FOAL. Upon the Mare Owner receiving a live foal and payment of all fees and amounts due to OFW, then OFW will agree to execute and provide all documents necessary for Mare Owner to register the foal that results from the Breeding.

 

  1. SECURITY INTEREST. In order to secure the fees due and Mare Owner’s performance of its obligations hereunder, the Mare Owner hereby grants to OFW a lien on and security interest in any foal(s) produced by the Breeding and under this Breeding Agreement.  Mare Owner hereby authorizes OFW to file any financing statements or other documents deemed by OFW to be necessary to perfect the security interest described herein. 

 

  1. APPLICABLE LAW, JURISDICTION AND ATTORNEY FEES. The terms and conditions in this agreement shall apply to and bind the parties stated herein. This contract shall be construed and governed by the laws of Washington.  The Washington courts shall have exclusive jurisdiction to hear and determine all suits, actions, or proceedings and to settle all disputes arising in connection with this agreement and for such purposes, each party irrevocably submits to the exclusive jurisdiction of the Washington courts. 

 

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION:
    1. REGARDLESS OF ANY NEGLIGENCE ON ITS OR THEIR PART, OFW AND ITS SUBSIDARIES, AFFILIATES, AGENTS, EMPLOYEES, VETERINARIANS and FARRIERS SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH, OR INJURY SUFFERED, nor for any other loss, damages, or injury arising out of or connected with breeding, or other services pursuant to this Breeding Contract, except as required by law. Mare Owner fully understands, authorizes, and assumes the special risks inherent in breeding, and acknowledges that mortality and other insurance is solely the Mare Owner’s responsibility.    ALL IMPLIED WARRANTIES, INCLUDING FITNESS, MERCHANTIABILITY, OR OTHERWISE, AND ALL SPECIAL, INCIDENTAL, AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED, to the full extent permitted by law.  In no event shall Mare Owner’s remedy exceed the amount paid for the service complained of.  OFW shall also not be held liable for any personal injury disability, which the Mare Owner or its agents, representatives, or family may receive while on farm premises.  Mare Owner agrees to indemnify and hold OFW harmless for, from, and against any claims, damages, illness or injury caused or suffered by the Mare, and from any claim by a buyer of the mare, and Mare Owner agrees to pay all expenses and attorney’s fees incurred by OFW in defending any such claim. 
    2. As a condition precedent to any legal action by the Mare Owner, the Mare Owner shall notify OFW in writing at least thirty (30) days in advance of initiating any legal action against OFW regarding or concerning, in whole or in part, this Breeding Agreement or any other claim against OFW. Within twenty (20) days of receiving such notice, OFW 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 State of Washington.  If OFW elects binding arbitration, all parties waive trial by jury or by court.
    3. Notwithstanding anything herein to the contrary, any action, proceeding or arbitration against OFW regarding this Agreement must be filed with a court competent subject matter jurisdiction or the AAA (if so elected by OFW) no later than one hundred twenty (120) days from the date of the claimed loss or be forever barred.
    4. 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.

 

  1. ENTIRE AGREEMENT; AMENDMENT AND SEVERABILITY. The terms and conditions of this agreement represent the entire agreement between the parties with respect to the subject matter of this agreement and supersedes any prior understanding of any kind preceding the date of this agreement. No other agreements, promises, or representations, verbal or implied, are included herein unless specifically stated in this written agreement.  All amendments to this Agreement must be in writing, signed by the Mare Owner and OFW. Mare Owner may not assign any right or delegate any duties under this Agreement without the written consent of OFW, which may be withheld in OFW’s sole discretion.  This agreement may not be amended or varied unless it is in writing and signed by both parties. 

 

THE MARE OWNER HAS READ AND ACCEPTS ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

 

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Document name: El Rey Magnum RCF ~ Frozen Semen Breeding Agreement
lock iconUnique Document ID: 914b0bdfc5be5168ba89d3a7b194e91e288943eb
Timestamp Audit
March 6, 2021 11:51 am PDTEl Rey Magnum RCF ~ Frozen Semen Breeding Agreement Uploaded by Orrion Farms LLC - info@orrionfarms.com IP 68.106.36.130
March 6, 2021 1:40 pm PDTOFW Sales Dept. - sales@35.82.122.47 added by Orrion Farms LLC - info@35.82.122.47 as a CC'd Recipient Ip: 47.151.202.122
January 14, 2022 10:44 am PDTOFW Sales Dept - sales@orrionfarms.com added by Orrion Farms LLC - info@orrionfarms.com as a CC'd Recipient Ip: 68.106.36.130