Paragon Sport Horses Sales Contract On this day_30_, 2008 Ellie of Paragon Sport Horses agrees to sell ___PSH Classy Kisser____ to __Tiamat________at ___PSH____ so long as the new owner complies with the conditions that are set forth below: Buyer may not change the name of the horse / pony, nor change any details provided by Paragon Sport Horses without prior permission. Buyer may not age horse without first obtaining permission from Ellie. Horse must be cared for under the Riata rules or it is subject to repossession. Buyer must arrange for accommodation of the horse within one month of purchase. If buyer decides to sell for whatever reason, Ellie gets right of first refusal in the sale and must be notified as to whom the new owner is. Paragon Sport Horses is to be notified of any major life changes in horse / pony (i.e. disciple change, breeding, retirement, new foal, gelding or death). Please note that a horse’s tack and equipment is not included in the sale. If the buyer is thought to have permanently left, is considered inactive, or is expelled, Paragon Sport Horses has the right to reclaim the horse / pony without the need to refund the purchase price. Buyer must provide Paragon Sport Horses with a link to the horse’s page within six weeks of sale. If this contract is not fulfilled, Paragon Sport Horses reserves the right to reclaim the horse without the need to refund the horse's purchase price. If Ellie makes an update inquiry post on the forum, the owner must reply within one month of the post date or the horse can be reclaimed. Also, if this contract is not returned in the maximum time of one week, Paragon Sport Horses reserves the right to withdraw the sale with the buyer, as s/he is considered to be inactive (unless the buyer has posted on the Main board). By signing this contract buyer indicates that they have enough funds to make the purchase. Once sent to Ellie contract is immediately considered valid and transfer of ownership will occur. Check: To: Ellie/Paragon Sport Horses Date: 7/30/2008 Amount: $5,000 Memo: Purchase of PSH Classy Kisser Signature: Tiamat Seller Signature: Ellie of Paragon Sport Horses Buyer Signature: Tiamat ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Upon signing this contract, the breeder agrees to ALL clauses of the breeding contract below. If this contract is violated in anyway, Phoenician Stud reserves the right to take appropriate action, which is described below. This contract is only valid for the mare named, and may not in any way be transferred to another mare, unless specified in the contract. This contract was created to ensure that both parties of this breeding are protected, and that Phoenician Stud will receive updated records on the offspring of the said stallion. No exceptions will be made to the following contract, unless breeder specifically negotiates with Phoenician Stud and gives plausible reasons for the exemptions. All stallions come with a Life Foal Guarantee. From this point on, the breeder shall be known as "mare owner". Please ensure you read and understand the following contract completely, and if there are any doubts, concerns, or questions, feel free to inquire about them. Clause 1 The mare to be bred to the stallion must have up-to-date vet records that can be proven upon request, be fit for breeding, and does not have any genetic disorders. The mare owner shall assume all responsibility for the condition of the mare and shall bear all risk of loss or damage to the mare whether by death, disease, injury, infection or otherwise, and by any cause whatsoever, and therefore agrees to hold the stallion owner (or any persons employed by or associated with the stallion owner) harmless for any and all damages associated therewith. Clause 2 Phoenician stallions come with a Live Foal Guarantee, and therefore this contract guarantees that should the mare not produce a live foal that stands and sucks, or the foal dies in the vicinity of 3 weeks due to natural causes (therefore a veterinarian certificate is required as proof), the mare owner shall be entitled to a return breeding free of charge or a full refund. However, the mare may not have another foal in the year of death of the first foal, or the second breeding shall be nullified. A foal that dies within the given time will be recorded to ensure written proof is available if necessary. Clause 3 It is agreed that should the said stallion die, be sold by the owner or become unfit for service before fulfilling this contract, or if the mare named in this contract dies or becomes unfit to be bred in the duration of the breeding, mare owner may choose to receive a full refund of the breeding fee and terminate this contract, or the breeding may be transferred for free to another stallion owned and standing at Phoenician Stud. Clause 4 The foal must be registered in the ED database, at the most, two weeks after birth. The owner must ensure that the foal(s) receives adequate care and has a regularly updated veterinarian and farrier record. Foals must also be trained and shown actively at the appropriate age, and proof of show activity must be able to be proven by owner. Clause 5 Mare owner must notify Phoenician Stud if the foal is aged, gelded, or passed away. If the foal is bred, details of the offspring must also be sent. Details include foal name, breed, colour, year of birth, and name of sire/dam. Short updates on the foal every 4 months or so would be greatly appreciated, though not necessary. Clause 6 Mare owner must send in a link to the foals page within one month after it's birth. If this is unavailable for any reason, mare owner must send in details of the foal within the same time period. Details include foal name, breed, colour, year of birth, and name of dam. It is also requested (but not required) that if the foal is sold, the new owner also send in a link to the foal's page. Clause 7 If the mare owner wishes to sell the foal at any time, Phoenician Stud must be notified of the new owner. Phoenician Stud will not partake in any decisions on whether the foal may be sold, or to whom the foal shall be sold to. This clause was created for our record keeping. Clause 8 If the mare owner is thought to have permanently left, is considered inactive, or is expelled and has not sold the foal before (is and has been the only owner, or all previous owners are also classified as inactive), Phoenician Stud has the right to claim the foal without the need to refund the stud fee price of the foal's sire. EXCEPTION: Mare owner may request that this clause be negated. However, negation will only come into effect if mare owner publicly posts on the notice board and gives prior notification of leaving the game, instead of just disappearing without notice and being deleted. # If any of the given clauses above are violated in anyway, the breeder will be notified of this, and if correction is not made after 3 repeated warnings, Phoenician Stud reserves the right to reclaim the foal without need to refund the breeding fee. # If a breeder violates clauses #2, #4, or #8 in anyway, Phoenician Stud reserves the right to reclaim foal immediately without the need to refund the breeding fee. # No warning will be given for these clauses. OWNER INFORMATION NAME: Tiamat EMAIL: sarah_tiamat@hotmail.com BARN NAME: Fleur de Lis Farms @ PSH MARE INFORMATION NAME: Jolicoeur BREED: Dutch Warmblood D.O.B: September 19 1993 COLOUR: Bay DESIRED STALLION: Sleipner (REAA) DESIRED BREEDING SEASON: 1999 LINK TO PAGE: http://www.geocities.com/fleurdelisfarms/jolicoeur.html The signature below shows written proof that mare owner has agreed to all clauses and all given requirements, and that an agreement has been reached by Phoenician Stud and mare owner. OWNER SIGNATURE, BARN NAME, DATE: Tiamat, Fleur de Lis Farms, 9/21/2008 STALLION OWNER SIGNATURE, BARN NAME, DATE: Elaine, Phoenician Stud, 9/21/2008 Cheque: To: Elaine of Phoenician Stud Amount: $1250 For: Breeding to Sleipner (REAA) From: Tiamat Date: 9/21/2008