DIAMOND R RANCH, LLC
STALLION SERVICE CONTRACT

	WITNESS THIS AGREEMENT this _______ day of _________, 2005, between Rusti Maxwell, hereinafter referred to as “Breeder,” and __________________________________, hereinafter referred to as “Mare Owner.”

	WHEREAS , Mare Owner is the owner of lessee of the mare described below having the Name of ______________________________, with the _______________Registry, Registration Number ________________. With the color and/or coat pattern __________________________, Foaled in ___________.  The above mare does or does not have a foal at side ______________.

	WHERAS, Mare Owner wishes to purchase a 2005 breeding to COWBOY N CASH, hereinafter referred to as “Stallion.”

IT IS NOW THEREFORE AGREED between the parties as follows:

	A) Mare Owner agrees to pay Breeder the total fee of $ 400.00 in U.S. Funds. Excluding mare care.
	B) Mare Owner agrees to pay a non-refundable Booking Fee of $250.00 in U.S. Funds to reserve a breeding for the year of 2005, which shall be credited against the Stallion Service Fee. The booking fee and a copy of Mare’s Registration papers are due and payable at execution of this Agreement and the balance of Stallion Service Fee is due and payable before mare is delivered to Breeder, Breeding Facility, or prior to shipment of semen to the location designated by the Mare Owner. An additional booking fee must be paid for each re-breed conducted after the year of initial service. 
	C) The full amount of accrued board, veterinary expenses, mare care, farrier expenses, and other related charges shall become due and payable prior to delivery of mare to Mare Owner. Breeder and/or Breeding Facility shall have a lien against the mare, and any foal at side and the produce of mating which is the subject of this Agreement until such time as any all charges are paid in full; said lien shall survive any transfer of possession. Mare Owner agrees to pay all charges when due and should Mare Owner fail to do so, Breeder and/or Breeding Facility shall be entitled to recover any cost, expense, and attorney’s fees expanded in collection. In the event collection of Mare Owner’s account is placed in the hands of an attorney, Mare Owner agrees  to pay a minimum of $500.00 shall be assessed as attorney fees.

PLEASE CHECK WHICH BREEDING OPTION YOU WILL BE USING

	A) [  ] Live Cover. Mare Owner agrees to pay for care and feeding of mare while in Breeder and/or Breeding Facility’s custody at $ ______ per a day for dry mares, $ ______ per a day for wet mares. Mare Owner has inspected Breeders and/or Breeding Facility’s facility and is satisfied with same.
	B) [  ] Artificial Insemination. Mare Owner agrees to pay for care and feeding of mare while in Breeder and/or Breeding Facility’s custody at $ _____ per a day for dry mares, $ _____ per a day for wet mares. In addition to the Stallion Service Purchase Price set forth above, Mare Owner agrees to pay for all fees to have said mare Artificially Inseminated at the price of 
$ ________. 
	C) [  ] Cooled Semen Shipping Fees. In addition to the Stallion Service Purchase Price set forth above, Mare Owner agrees to the following for each additional shipment of cooled semen. The price of $ 250.00 for each shipment. Mare Owner agrees to pay Breeding Facility before each semen shipment of transported semen fee (covering costs related to collection, handling, and next day delivery). Mare Owner agrees to pay a refundable deposit on any Equintainers used to ship Cooled Semen to Breeding Facility if applies. Collection days are Monday, Wednesday, and Friday. If choosing this option please fill out Shipped Semen Contract and return with this Stallion Service Contract, along with mares Registration papers, and Booking Fee. 

GENERAL CONDITIONS

	This contract is a “Live Foal” contract. “Live Foal” is herein defined as a newborn  foal which stands and nurses without assistance. If the foal is born dead, or if mare does not otherwise carry to term, there shall be a return privilege for the following breeding season to include a booking fee as above described only if the notification procedures as set forth below are followed.
	
	None of the above-described fees shall be refundable except as described below.

	Breeder guarantees a return breeding for the following breeding season for said mare or an approved substitute should a “Live Foal” as above described not result from this mating. Should this mating not produce a “live Foal”, it must be evidence by a written statement from a licensed Veterinarian dated within one (1) week from the date of death of the fetus, or in the alternative, a sworn statement from said Veterinarian that the mare is no longer in foal and the date of loss is unknown. 
	“Live Foal” Guarantee as above-described becomes null and void if the Mare Owner does any of the following:
	A) Fails to pay fees due under this contract.
	B) Breeds the Mare to another stallion in the 2005 breeding season without written permission of the Breeder.
	C) Does not give the Boosters for Rhinopneumontitis vaccination that must be administered as indicated by the individual manufacturer as the mare progresses through her pregnancy. Failure to do this will void the “Live Foal” Guarantee.

	In the event of the death of sell of the above-named Stallion, this contract shall become null and void. No money shall be refunded to Mare Owner except the Booking Fee if the mare has not been bred. In the event of the Stallion’s death prior to the delivery of a “Live Foal” the “Live Foal” Guarantee as above-described shall become null and void. Should the mare die subsequent to payment of Booking Fee, but not prior to breeding, only the booking fee will be refunded to Mare Owner. No other fees of charges are refundable except as described in this paragraph. 

	Mare Owner agrees to furnish a negative Coggins test (Swamp Fever) prior to the mares arrival to the Breeder and/or Breeding Facility. All mares shall be accompanied upon arrival by a health certificate indicating current vaccinations for Equine Influenza, Tetanus, and Encephalitis. Mares not accompanied by said certificate will be vaccinated shortly upon arrival at Breeders and/or Breeding Facility at the expense of the Mare Owner. Mare Owner also agrees to furnish a culture of mare upon arrival at Breeder and/or Breeding Facility, if mare is not accompanied by a culture, mare will be cultured by Breeders veterinarian at time of arrival at Mare Owners expense. Mare Owner authorizes Breeder and/or Breeding Facility, to engage other veterinary services as Breeder and/or Breeding Facility may deem necessary for the proper treatment, care and protection of the mare and/or foal at side. This is to be done at Mare Owners expense and will be billed and payable before mare is released to Mare Owner therewith. 

	Breeder and/or Breeding Facility shall not be held liable for any sickness, disease, estray, theft, death, or injury which may be suffered by the mare and/or foal at side, or any other case of action whatsoever arising out of or connected in any way with the breeding or boarding of the mare and/or foal at side. This includes but not limited to, any personal injury or disability which Mare Owner or Owners may receive while on the premises of the Breeders and/or Breeding Facility, even in the cause by negligence (if allowed by the laws of this State) by Breeder, Breeding Facility, representatives, agents, or employees. Mare Owner fully understands that Breeder does not carry outside horses in it’s possession, custody, or control for breeding or boarding, and any public liability, accidental injury, theft, or equine mortality insurance, and that is a risk connected with the breeding, boarding of the mare and/or foal to be born by the Mare Owner or Owners. Breeder strongly recommends that Equine Mortality Insurance be obtained applicable to the horse(s) by Owner. The standard of care applicable to Breeder and Breeding Facility is that of ordinary care of prudent horse owner and not as compensated bailee. 
In no event shall Breeder be held liable to Mare Owner for equine death or injury in an amount in excess of One Thousand Five Hundred Dollars ($1500.00) per an animal. Mare Owner agrees to obtain Equine Mortality Insurance on any animals valued in excess of One Thousand Five Hundred Dollars ($1500.00). Mare Owner agrees to disclose this entire Agreement to Mare Owner’s insurance company and provide Breeder and/or Breeding Facility with the company’s name, address, phone number and policy number. Failure to disclose insurance information shall be at Mare Owner’s risk.  

	Mares that are not halter broke will not be accepted. Owner agrees to submit a complete Horse Information Sheet at least Five (5) days prior to mare’s arrival on the premises of Breeders and/or Breeding Facility. Mare Owner agrees and authorizes breeding by Artificial Insemination, and agrees to pay any and all veterinary charges arising in connection therewith.

	It is understood that the breeding season for the Breeder commences on February 1, 2005 and terminates on July 1, 2005. Mares that do not come into season or are not settled within said breeding season as above-described shall be carried over to the following year, or may be re0bred during the following heat(s) if practical for Breeder to do so. In the event Mare owner elects to re0breed during the following breeding season, Mare Owner agrees to pay any increase in the Stallion Service Fee or mare care fee. 

	Mare Owner agrees to have said mare pregnancy checked at Twenty (20) days from the date of last breeding and provide said information to Breeder within Five (5) days from the date of said pregnancy check. Failure to provide said information waives the “Live Foal” Guarantee although Mare Owner shall have the right to re-breed the following breeding season at the rate set for said breeding season.

	Sale of mare by Mare Owner to another party or parties will terminate the “Live Foal” Guarantee as set forth above and described in this contract unless same is acknowledged and accepted in writing by Breeder. 

	Inherent Risks and Assumption of Risks. The undersigned acknowledged there are inherent risks associated with Equine Activities such as described below, and expressly assumes all risks associated with participating in such activities. The inherent risks include but not limited to the propensity of equines to behave in ways such as , running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to a person on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability.

WARNING

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANTS IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.

	This contract represents the entire Agreement between the parties. No other agreements, promises, or representation, verbal, or implied, are included herein unless specifically stated in this written Agreement. This contract is made and entered into the State of Texas, and shall be enforced and interpreted in accordance with the laws of said State.

	

	In the event one or more parts of this contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.

BREEDER’S SIGNATURE: __________________________________________
ADDRESS: 737 LCR 707
Kosse, TX 76653
PHONE NUMBER: 254-375-2638
EMAIL: DIAMONDRRANCHLLC@AOL.COM

MARE OWNER”S SIGNATURE: ____________________________________________
ADDRESS: _____________________________________________________________
_______________________________________________________________________
PHONE NUMBER: (h) _____________________________
                               (c) _____________________________
EMAIL: _________________________________________________________________