Norsire Stallion And Boarding Contract (on-line)

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1. PARTIES. THIS AGREEMENT is made this __________ day of _______________,

20____by and between Norsire Farm, 14874 Cider Mill Rd, Purcellville, VA 20132 and:

Name:________________________________________________________________

Address_______________________________________________________________

County_____________ City______________ State_____________ Zip_____________

Residence 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__________________________________________ Sex____________________

Sire_________________________________Dam______________________________

Insurance Carrier______________________________ Amount___________ Expire_____

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_______________

4. SERVICE PROGRAM. Customer hereby contracts for the Norsire Farm

____________________services as defined herein for a base fee of $_______ per day or

$___________________ per day with foal, plus such additional fees and expenses described below as may apply.

5. CONSIGNMENT. Customer authorized Norsire Farm to sell the horse for not less than_________________, with a minimum________% down payment and the balance evidenced by a promissory note payable in not more than______ years at an interest rate to be determined by Norsire Farm. Norsire's commission shall be_____% of the sales price, or anything over customers price, due and payable upon sale. Customer shall be charged the service program fee specified in paragraph 4 above for up to fifteen days after the date of sale.

BREEDING: TERMS AND CONDITIONS


6. BREEDING. Customers contracts to breed this mare to_______________________,

standing at Norsire Farm during the 20____breeding season. The stud fee shall be $____ of which twenty percent (20%) or $_______________, is a non-refundable booking fee

for this breeding , payable upon execution of this contract. The non-refundable handling fee is $250.00 per breeding season, unless the mare leaves prior to being checked infoal, if the mare leaves and returns the fee will be recharged.

The balance shall be paid as follows:

_______A. Cash upon execution of this contract

_______B. When the horse is checked sixty (60) days in foal, or

_______C. When the horse leaves Norsire Farm (whichever comes first).

Norsire Farm will execute registration papers for the resulting foal only when the entire balance is paid in full.

7. NORSIRE FARM STALLION BREEDING CREDITS. If a mare bred to a stallion owned by Norsire Farm fails to produce a live foal (one that stands and nurses), as certified in writing by a licensed veterinarian within 24 hours of such determination and provided to Norsire Farm within 96 hours thereafter, Norsire Farm will provide a rebreeding.  If the mare is not covered, bred or delivers a live foal within 3 (three) years, starting from January 1 (first) of the year the contract was signed, the contract will be null and void and no refunds, rebreedings, or fees will be returned/given to Mare owner. The non refundable booking fee is recharged if this contract is carried into a second year.   The rebreeding is available for the same mare or a substitute approved by Norsire Farm. If the stallion is not available to Norsire Farm for rebreeding the following season, Norsire Farm may at its option substitute another stallion with an equal or greater standard stud fee that Norsire Farm deems appropriate for breeding to the mare.   

8. PREGNANCY CHECK, REHANDLING FEES. Norsire Farm shall be paid a nonrefundable rehandling fee for any rebreeding (a) if the mare left Norsire Farm's custody before being checked infoal in the original breeding season, or (b) if the mare failed to conceive despite application of standard breeding practices for an entire seasons following arrival.

9. 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.

SERVICE PROGRAMS: TERMS AND CONDITIONS


10. ANNUAL PASTURE BOARD. This program is available to horses that remain at Norsire Farm annually for breeding and maintenance purposes exclusively. All mares must be bred to Norsire Farm stallions and will be maintained in pasture except for foaling or special stall board as required. In the event the horse leaves this program prior to a 365 day residency, Customer shall pay an amount equal to the prevailing rates for Pasture Board retroactive to the date of arrival.

11. PASTURE BOARD. This program is for horses that do not require stalls or paddocks. Horses will be maintained in pasture except for foals or special stall board as required.

12. PADDOCK BOARD. This program is available to horses that do not required stalls or pasture. Horses will be maintained in individual paddocks except for special stall board as required.

13. SPECIAL STALL BOARD. Should Norsire Farm, in it's discretion, determine that the horse needs stall board for any reason, including but not limited to foaling, injury, disease, or behavior problems, regular stall board will be charged.

14. REGULAR STALL BOARD. This program is for horses that require stalls for feeding and pasture for exercise. This program does not provide forced exercise or grooming.

15. SHOW CONDITIONING. This program is for horses to be conditioned for show purposes, including daily forced exercise, grooming, and care.

16. PRIVATE SALE TRAINING. This program provides daily forced exercise or performance training as deemed appropriate by Norsire Farm.

17. SHOW TRAINING. This program is for show horses in halter and performance categories. Placement of a horse in the show training program does not obligate Norsire Farm to show the horse, which will be determined and agreed upon on an individual basis.

18. ADDITIONAL SERVICES. As requested or required, Norsire 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. Halter Breaking, $___________________ Foaling Fee, $___________________If verbal or written agreement for foaling is committed to by the mare owner-the foaling fee is due before mare foals and at time of agreement-this fee is non refundable whether or not the mare foals while in Norsire Farms custody.

19. LIMITATION OF LIABILITY AND INDEMNIFICATION. Norsire 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 Norsire Farm's custody, nor for any other loss, damages, or injury arising out of or connected with breeding, boarding, conditioning, training, or other services pursuant to this Contract, except as required by law. Customer fully understands, authorizes, and assumes the special risks inherent in conditioning, training, 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. Norsire 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 Norsire Farm's premises except as required by law. Customer agrees to indemnify and hold Norsire 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 Norsire Farm in defending such claims.

20. ACCEPTANCE. This contract is not effective until approved and executed by Norsire 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 Norsire Farm reserves the right to discontinue any service program.

21. VACCINATIONS. Customer warrants that the horse is free of all communicable diseases upon delivery to Norsire Farm. ON or prior to arrival, the Customer shall provide a record of current vaccination for Rhino, Equine Influenza, Eastern/Western, Tetanus, Rabies, Potomac Fever, and West Nile Virus, and a negative Coggins (Swamp Fever) test performed within (6) months prior to arrival. If the horse arrives without records of such vaccination and test, Norsire Farm may at its option, not accept the horse or provide the vaccinations and test at Customer's expense. THE HORSE MUST BE DEWORMED 48 HOURS BEFORE IT'S ARRIVAL AT NORSIRE FARM WITH IVERMECTIN. If, horse arrives without deworming within 48 hours the horse will be wormed on arrival at Customers expense and put in a stall for 48 hours.

22. VET CARE. Norsire Farm 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 Customer's expense.

If, you would want emergency surgery sign here, ______________________________

Limit to be spent______________________.

23. ARTIFICIAL INSEMINATION. Norsire Farm is authorized, but not required to

perform any breeding by artificial insemination as permitted by registry rules.

24. SALE COMMISSIONS. In the event a horse is sold while at Norsire Farm in a service program, Customer shall pay Norsire Farm a commission equal to _______% of the sale price, regardless of whether the sale was achieved through Norsire Farm efforts.

25. FOALING FEE. Customer shall pay the foaling fee set forth in paragraph 18 if the mare foals while in Norsire Farm's custody, regardless of whether such services were requested.

26. BILLING. All bills should be paid and received within 10 days of the billing date. Interest at the rate of 11/2% per month shall be charged and paid on all balances unpaid and overdue for thirty (30) days. If customer fails to pay any amount due hereunder for more than thirty (30) days, Norsire Farm may immediately accelerate all other amounts due under this contract upon written notice to Customer. Except for annual board, all service program fees are subject to change upon thirty (30) days prior notice.

27. RELEASE. Customer shall make arrangements with Norsire Farm for the horse's 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 through Norsire Farm veterinarians or otherwise. Upon commencement of leading horse for shipment, Customer assumes full responsibility and releases Norsire Farm from any responsibility or liability for the horse's health, soundness, breeding condition, transportation, and care.

28. LIEN. Customer agrees that all outstanding balances due for board, conditioning, training, breeding, veterinary care, dental care, farrier work and all other fees, charges, and expenses pursuant to this contract shall be paid prior to Norsire Farm's release of the horse. Customer grants Norsire Farm a lien upon and security interest in the horse and any foal produced by a breeding at Norsire Farm to secure payment of all obligations and amounts due under this Contract. Norsire Farm may, at any time until all amounts due hereunder are fully paid, file a photocopy of this Contract in the county and 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 the security agreement.

29. NONASSIGNABILITY. Customer may not assign any rights or delegate any duties under this contract without the written consent of Norsire Farm.

30. TERMINATION AND WAIVER. Service programs may be terminated by Norsire Farm upon thirty (30) days written notice, except in the event of a default or as provided by paragraph 20 above. Time is of the essence, and no delay or failure by Norsire Farm to exercise any right shall be deemed a waiver of that or any right or remedy.

31. ENTIRE AGREEMENT; CONSTRUCTION; JURISDICTION; ATTORNEY'S FEES. 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 not part of the contract. The invalidity or unenforceability of any term or provision shall not effect the validity or enforceability of the remainder. The contract shall be construed and governed by the laws of Virginia. At Norsires Farm's option, jurisdiction and venue for all disputed connected with this contract shall be proper only in Loudoun County, Virginia. If a lawsuit is filed with respect to this contract, the prevailing party shall be entitled to collect all reasonable attorney's fees and costs for such suit.

_______________________________
Customer signature
__________________________________
Norsire Farm
_______________________________
Date
__________________________________
Date

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