The Service Fee is due and payable when the mare produces a live foal or ownership thereof changes, whichever comes first. A live foal is one that is able to stand up alone and nurse. The Purchaser grants that the Seller has the right to apply a 2 % monthly service charge to any balance over 30 days outstanding. In the event the mare is sold the Service Fee, if unpaid, shall immediately become due and payable and no refund shall be due to any person, under any circumstances.
In order to secure payment of agreed upon service fee, the OWNER hereby consents that DANDY FARMS, INC shall have a “Lien on Livestock” or security interest on the mare and any foal resulting from the service for any outstanding or unpaid charges due but not limited to the stud fee, boarding charges, medication and/or veterinary services. Whether or not the mare or foal are at WALKER STANDARDBREDS the OWNER further consents to pay for all attorney’s fees incurred by DANDY FARMS INC in the event counsel is retained to collect any outstanding balance due under this contract.
In the event legal assistance is required to collect charges accruing hereunder, all expenses, including reasonable attorney fees, incurred by Walker Standardbreds Inc. shall be borne by the undersigned Purchaser(s).
Walker Standardbreds, Inc. charges a non-refundable collection and insemination fee for each cover. There may also be charges for semen transportation. These fees are to be collected by Walker Standardbreds, Inc.
All charges, including, semen collection, insemination, semen shipping, foaling fees, board, etc., are due and payable monthly to Walker Standardbreds Inc. by the owner of the mare within fifteen (15) days after receipt of the monthly statement. A 2% monthly service charge will be added to any balance over 30 days. Walker Standardbreds Inc. may, as its option, required that any outstanding amount be paid to it before the mare is bred or removed from the farm. Mating certificates will not be released until all obligations owed are paid.
Dandy Farms, Inc., Walker Standardbreds, Inc., its agents, employees, and the owners of the Stallion shall not be liable for injury, death, or disability suffered by any mare from any cause whatsoever, while in its custody and control or while on the farm, and the owner specifically assents to such condition and waives all claims for damages resulting from any such injury, death or disability.
In the event the Stallion is removed from Walker Standardbreds Inc. or in any manner becomes unfit for breeding before serving the mare, or if the mare dies or otherwise becomes unfit to be bred, this contract is and shall be null and void.
All mares must be standard and registered with the U.S.T.A.
In all cases where transported semen breeding is requested, the person performing the artificial insemination assumes FULL responsibility of cross referencing the mare’s freeze brand/tattoo with the label on the syringe shipped by WALKER STANDARBREDS, on behalf of Dandy Farms, Inc. and must inseminate the mare with semen of the contracted stallion.
Dandy Farms, Inc. and Walker Standardbreds Inc. reserves the right, in its sole discretion, to reject any mare the is i) not in good condition; ii) vicious or unmanageable; iii) non-standard; or iv) not properly registered by the United States Trotting Association. A barren mare or one foaled under suspicious circumstances will not be bred until cultured and found free of any genital tract infection. After such tests are performed, a reasonable time for completion shall be allowed.
The mare must have proof of a negative Coggins test for Equine infectious Anemia (swamp fever). A certificate that the mare was tested within 30 days prior to her arrival at Walker Standardbreds Inc. must accompany the mare.
EACH MARE SENT TO WALKER STANDARDBREDS INC. MUST HAVE AN IDENTIFICATION TAG ON THE HALTER. The opening and closing of the breeding season shall be determined by WALKER STANDARDBREDS AND DANDY FARMS, INC and shall conform to the USTA and State of Illinois.
This Agreement and the application or construction thereof, shall be governed exclusively by its terms and by the laws of the State of Illinois. Any disagreements, contests, or lawsuits arising out of or relating to this Agreement shall be brought within the courts of the State of Illinois and Purchaser(s) agrees to submit to the jurisdiction and venue of the courts of the State of Illinois.