Breeding Contract
One of the most important areas to think about when you decide to market cooled stallion semen is the breeding contract. The stallion owner should always protect their reputation as an ethical breeder who ships only good quality semen from a quality stallion. Remember, foals produced by AI will be representing your stallion but you may never see the mare he is being bred to.
The breeding contract should protect the rights of both the stallion and mare owner in clear language that meets state and federal laws. Examples of contracts can be found on the web and modified to address special concerns of a stallion owner. A legal review should be obtained before using any contract.
We will outline the areas that should be addressed in a breeding contract but remember that special circumstances may exist for each stallion owner. This list does not address all potential problems.
Cooled Semen
: The owner of the stallion and mare (if mare is being leased), stallion name & registration id, mare to be bred to the stallion (including registration id), if a "shipped semen station" or veterinarian will be acting as the agent for the mare owner
: Dates and year contract covers, days of the week that semen will be available, will the stallion be unavailable at any time during the season because of showing, racing etc.
: Clearly state all fees, when they are due and what fees are refundable
- breeding fee
- booking fee
- chute/ collection fee: Will this be charged for additional collections
- container deposit
- shipping fee
- same day fees: emergency collection, cancellation
Mare requirements: Protect the reputation of your stallions fertility!!!!
- Copy of mare's registration papers for stallion's breeding record
- Vet certificate of breeding soundness
- Do you require uterine biopsy/culture initially or after unsuccessful breeding?
- Requirements for immunizations (especially Rhino)
- Notification of start of estrus, predicted ovulation date
- Veterinarian supervision of breeding
- Pregnancy detection requirements: days of examination, for twins
- Embryo transfer notification
- Special limitations for mare age (may limit live foal guarantee), genetic carrier (may require testing for carrier status i.e.., lethal white gene
- May put in statement that owner of mare must understand mare's registry requirements for registration of foals from cooled, transported semen & is responsible for any testing or documentation of the mare required
- Semen request deadline (usually at least 24 hr before shipping); cancellation deadline (so you don't ship semen that won't be inseminated after all do they pay for it?)
- Shipping fee: Will the stallion or mare owner pay these fees? What is the method of shipping (does the mare owner set up an account)? Is there shipping insurance, insurance on semen?
- How will the semen be shipped (carrier, counter to counter, direct pick up)
- Container: Does the container need to be returned? How long does the mare owner have to return the container? Is the deposit refundable when the container is returned? What is the penalty if the container is not returned promptly?
- Is there any guarantee on the viability of the sample. Does a vet need to check the semen. Are you liable if the semen is contaminated with bacteria?
- How many doses are shipped (1 or 2?)
- Definition of live foal (usually standing and nursing without assistance)
- Notification of abortion or death of foal- how long does the mare owner have to notify you the mare lost the foal, (veterinarian certification required to determine that it is not fault of mare owner?)
- Certification of rhino injection schedule
- Mare cannot be returned to performance training or any other hazardous activity after being pronounced pregnant
: Who really owns the breeding? What is the legal obligations of the stallion owner, mare owner (leaser)? Can the breeding be sold by the mare owner?
- If the mare is sold or dies before breeding: What fees are refunded? Can a different mare be substituted to be bred to the stallion?
- If the mare is sold before foaling: Does the new owner of the mare have the rights to the re-breeding for live foal?
- If the stallion is sold or dies before breeding the mare: What fees are refunded? Can a different stallion be substituted?
- If the stallion is sold or dies before mare has foaled: Is the new owner of the stallion obligated to breed mare? Can a different stallion be substituted from original stallion owner? What fees are refunded if above solutions aren't available?
Breeder's certificate: What is required?
- Mare owner required to supply current address for Breed registry to send papers
- Mare owner required to pay all fees to stallion owner before certificate applied for
- Stallion owner not liable for any registration fees, DNA testing of mare &foal.
