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Golden Venture Farm

1.     Parties. This Agreement is made this ______  day of _________, 2009 by and between Golden Venture Farm, 15400 Baden Naylor Road Brandywine, Md. 20613 and:

Name:________________________________________________________________________________

Address:______________________________________________________________________________

County____________ City___________________ State___________ Zip______________

Residential Phone____________ Ranch Phone___________ Business Phone____________

Ranch name/ Address (if different)____________________________________________

County__________ City___________________ State____________ Zip_______________

2.       Horse. This contract pertains to the horse (hereafter “the horse” or “the mare”):

Name of Horse________________________________ Breed_______________________

Registration Number___________________________ Date Foaled____________________

Color_____________________________ Markings___________________________

Sire__________________________________ Dam________________________________

Insurance Carrier___________________________ Amount_________ Expires________

3.       Ownership. Customer:

_______ has full title and registration

_______ has purchased the horse on installment contract with final payment due _____, 20___

_______ leases the horse, or

_______ manages the horse, and full title and registration are currently held by:

Name____________________ Address_______________________________________

City_______________ State___________ Zip____________ Phone__________________

Breeding: Terms And Conditions

No mare will be bred without a signed, completed contract.

4.       Breeding. Customer agrees to breed this mare to Maxamillion  (hereafter known as stallion) Standing at Golden Venture Farm during the 2009 breeding season. The stud fee shall be:  $950.00 for Maxamillion. Stud fee includes a $150 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. Stallion fees may not be sold or transferred without approval and written permission from Golden Venture Farm.

Balance payment Options:

______ A. Payment in full upon execution of this contract

______ B. Prior to horse’s release from Golden Venture Farm.

______ C. Prior to shipment of cooled shipped semen.

5.     Payment in Full. Mare will be held under Golden Venture farm’s care until balance is paid in full. Mare owner agrees to pay any and all boarding fees for full duration of stay of mare. Upon receipt of final payment, mare will be released into owner’s possession.

Note: Golden Venture Farm will execute the stallion’s portion of the registration application (if applicable) for the resulting foal only when the entire balance is paid in full. 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 Golden Venture Farm shall result in refusal of stallion owner to sign any papers for registration of resulting foal.

6.       Booking Fees. The $150 non-refundable booking fee shall guarantee the customer a breeding to the stallion during the 2009 breeding season only, and only guarantees a breeding for that year. Customer must notify Golden Venture Farm no later than June 1, 2009 as to the approximate time of arrival of mare for breeding, or request for semen. If no contact has been made with Golden Venture Farm concerning the arrival date, or semen request by deadline mentioned above, contract will be considered abandoned and thereafter will be null and void.

Approximate time of breeding (Month): ______________________________________

**Customer must notify Golden Venture Farm at least seven (7) days prior to delivering the mare for breeding.

7.       Handling Fees. A non-refundable handling fee of $150 is included in price of stud fee for the first duration of stay of mare for breeding. Once mare leaves Golden Venture Farm a re-handling fee of $150, per re-visitation will be charged.

8.     Stallion Breeding Credits. 

A. If the mare proves to be barren or does not settle within three heat cycles, 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.

c.        Substitute another mare for breeding. Substitute mare must be approved by Golden Venture Farm.

**Rehandling fee to apply.

Service of the mare by any other stallion after her departure from Golden Venture Farm automatically voids any return breeding credits.

9.     Pregnancy Check,  Rehandling Fees: A nonrefundable re-handling fee for any rebreeding will be charged: (a) if the mare left Golden Venture Farm’s custody before being checked thirty (30) days in foal in the original breeding season, or (b) if the mare failed to conceive despite application of standard breeding practices for an entire breeding season. Rehandling fee shall be $150.

10.     Vaccination Requirement: No breeding guarantee or credit shall apply IF A MARE HAS NOT BEEN VACCINATED, against rhinopneumonitis (viral abortion) during the fifth, seventh, and ninth months of pregnancy, and the mare aborts due to rhinopneumonitis, in which case customer shall pay entire stud fee and will not be entitled to any 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 future use. 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 Golden Venture Farm 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.     Unservicability 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.

SERVICE PROGRAMS: TERMS AND CONDITIONS

13.      Regular Stall Board. This program is for horses that require stalls for feeding and pasture for exercise. This shall include water, feed and good quality hay provided by Golden Venture Farm. The products used for feeding will be at the discretion and approval of Golden Venture farm only. Any supplements or specialty feeds requested by customer must be supplied by and paid in full by customer. Below rates to be billed as stated whether or not customer supplies own grain and hay.

Fees for boarding:

     A.   $ 20 a day for 1 Mare on regular care.

B.   $ 25 a day for 1 Mare and 1 foal on regular care.

14.     Additional Services. As requested or required, Golden Venture Farm shall also provide the following services when reasonable and convenient to do so, at the following rates that are subject to change from time to time without prior notice: Veterinary fees (services), farrier services, and incidental out-of-pocket expenses, as billed + 15%. Halter breaking charge to be: $30 for purchase towards new turnout halter for customer. Customer has option to supply extra halter to be used in case of breakage to detour any fees.

13.      Limitation Of  Liability And Indemnification. Golden Venture Farm and its affiliates, agents, and Employees shall not be liable for sickness, disease, astray, theft, death or injury that may be suffered by the horse while in Golden Venture Farm’s custody, nor for any other loss, damages, or injury arising out of or connected with breeding, boarding, 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 transporting horses, 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. Golden Venture Farm shall also not be liable for any personal injury or disability, which the customer or his agents, representatives or families may receive while on Golden Venture Farm’s premises except as required by law. Customer agrees to indemnify and hold Golden Venture Farm harmless from any claim related to damages, illness or injury caused by the horse, and from any claim by a buyer of the horse, and agrees to pay all expenses and attorney’s fees incurred by Golden Venture Farm in defending such claims.

14.     Insurance: Mare owner fully understands and agrees the Golden Venture Farm 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, boarding, and /or transporting (if necessary) of the mare and/or foal, are to be borne solely by the mare owner.

15.   Acceptance: This contract is not effective until approved and executed by Golden Venture Farm, which reserves the right to reject any horse at its sole discretion, and to return any unruly horse at customer’s expense. All service programs are subject to availability and Golden Venture Farm reserves the right to discontinue any service program.

16.   Vaccinations. Customer warrants that the horse is free of all communicable diseases upon delivery to Golden Venture Farm. On or prior to arrival, the customer shall provide a record of current vaccination for Equine Influenza, Tetanus, Eastern/Western Encephomyolitis, Rabies, Potomac fever, Rhino, and Strangles, and a negative Coggins (swamp fever) test preformed within six (6) months prior to arrival. If the horse arrives without records of such vaccinations and test, Golden Venture farms may at is option, not accept the horse or provide the vaccination and test at customers’ expense. THE HORSE MUST BE DEWORMED 48 HOURS BEFORE ITS ARRIVAL AT GOLDEN VENTURE FARMS WITH IVERMECTIN. If a horse arrives without being dewormed within 48 hours, the horse will be wormed on arrival at customers expense and put in a stall for 48 hours.

17.   Vet Care. Golden Venture Farms is authorized to maintain and provide vaccinations, Coggins test, Dental care, hoof care, deworming, regular breeding cultures, and other veterinary needs, including emergency surgery, at its discretion, at customers expense.

If you would want emergency surgery sign here, ______________________________________________

Limit to be spent ___________________.

  18. Release. Customer shall make arrangements with Golden Venture Farm for the horses release at least 48 hours in advance. Customer is solely responsible for determining whether the horse is sufficiently healthy to be moved and for obtaining any necessary blood tests, vaccinations, and health certificates, whether from Golden Venture Farm’s veterinarian or otherwise. Upon commencement of leading horse for shipment, customer assumes full responsibility and releases Golden Venture Farm from any responsibility or liability for the horse’s health, soundness, breeding condition, transportation, and care.

19.  Liens. Customer agrees that all outstanding balances due for board, breeding, veterinary care, dental care, farrier work, and all other services and fees, charges, and expenses pursuant to this contract shall be paid prior to Golden Venture Farm’s release of the horse. Customer grants Golden Venture Farm a lien upon and security interest in the horse and in any foal produced by a breeding at Golden Venture Farm to secure payment of all obligations and amounts due under this contract. Golden Venture Farm 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.

20.      Nonassignability. Customer may not assign any rights or delegate any duties under this contract without the written consent of Golden Venture Farms.

21.   Termination And Waiver. Service programs may be terminated by Golden Venture Farm  upon Thirty (30) days written notice, except in the event of a default or as provided by paragraph 12 above. Time is of the essence and no delay or failure by Golden Venture Farm to exercise any right shall be deemed a waiver of that or any right or remedy.

22.     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. Headings are for convenience only and are not part of the contact. The invalidity or unenforceability of any term or provision shall not effect the validity or enforceability of the remainder. The contract shall be construed any governed by the laws of Maryland. At Golden Venture Farm’s option, jurisdiction and venue for all disputes connected with this contract shall be proper only in Prince George’s county, Maryland. Golden Venture Farm 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                                        Golden Venture Farm

__________________________________      ___________________________________

Date                                                                             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