Drive By Breeding Contract

Sale of Drive-By Stud Services Agreement

Date:

Parties:

*Stud Owner*	*Dam Owners*
Margaret Stickney Moose Meadows Alpaca Ranch 32964 N. Scenery Court Athol, Idaho 83801 (208) 755-4561 killies@moosemeadowsllc.com

*Dam Name*	*ARI #*	*Selected Sire*
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Agreements:

Price: Dam Owner agrees to purchase breedings to any of the Stud males at Moose Meadows Alpaca Ranch for the Dam(s) named above. A non-refundable deposit of $ has been paid. The total for this contract is $ . The balance will be due for each breeding, 60 days after the breeding, unless confirmation of negative ultrasound is received. The deposit will be applied to the breedings pro rata. This contract is subject to the following conditions:
1. That the herd sire is available at Moose Meadows Alpaca Ranch at the time of Dam Owners request.
2. That the Dam Owner bring their alpaca to Moose Meadows Alpaca Ranch for the breeding at Dam Owners expense.
3. The Dam Owner shall obtain a satisfactory health certificate for the female to be bred five days prior to delivering the alpaca to the Sire Owner for breeding.
4. Proof of negative BVD for both the dam and cria is provided prior to arrival.
5. The Sire Owner assumes no responsibility for Dam Owners' alpaca's fertility.
6. This fee includes the cost of boarding their dam and cria for a period not to exceed 4 days.
Term: This contract expires 18 months from execution.
Dam's Current Condition: Dam Owners agree to deliver their dam in a healthy condition and free of known major genetic defects. Dam Owner will provide proof that the dam has received inoculations and worming consistent with the herd management practices of Stud Owner. Dam Owners will provide a photocopy of ARI Registration and a color photo of dam (and any cria by her side). Stud Owner is authorized to administer Ivomec (Ivermectin) as a prophylactic measure upon arrival for stud service.
Dam Owner's Representations: In consideration of this agreement, Dam Owner represents the following facts as to the Dam:
1. Dam has no venereal disease;
2. Dam or any of her cria is free of any vaginal discharge;
3. Dam has not been exposed to any stud for at least 60 days before her arrival at Stud Owner for breeding;
4. Dam is not pregnant;
5. Dam has no difficulty in conception or in retaining a fetus upon conception;
6. Dam is free of all infectious and communicable disease.
7. Provide documentation that dam and cria have been tested negative for BVD virus prior to travel to breeding farm.
8. Dam has no known genetic defects, such as Chonal Atresia.
9. That the dam is clearly identified with permanent identification, such as an ear tag or microchip.
If any of these representations are untrue, then the contract can be voided by Stud Owner, and no funds paid will be refunded. Furthermore, Dam Owner will be responsible for any damages caused to alpacas belonging to Stud Owner by such misrepresentation, even if the misrepresentation is unknowing.
Stud Owner's Management Discretion: During the service period, Stud Owner is given full discretion to manage breeding of the dam to achieve pregnancy.
Agistment. No boarding/agistment will be charged during these services.
1. Services To Be Provided: Agistor agrees to provide adequate feed and facilities for normal and reasonable care required to maintain the health and well being of the animals. "Normal and reasonable care" means the same standard of care currently applied in the management of the alpacas owned by Agistor.
2. Waiver of Liability: During the time the alpacas are in the care and custody of Agistor, Agistor shall not be liable for any sickness, disease, estray, theft, death or other injury which may be suffered by the alpacas or for any other cause of action arising out of the boarding contract.
3. Boarder To Insure, or Self Insure: Boarders represent either that the alpacas are insured with a "full mortality" insurance policy or that the Boarders are acting as their own self insurer, both as to mortality, and also as to any injury, damage or any event causing a loss of value of alpacas that may occur. Boarders further agree that their sole remedy, in the event of damage, loss or any event causing a loss of value to either dam or any cria at their side, shall be to make claim against any insurance policy that they have acquired. If Boarders fail to acquire such insurance and hence act as their own self insurer, they shall be deemed to have waived any claim against Agistor both as to mortality, and also as to any injury, damage or any event causing a loss of value of alpacas that may occur.
4. Hold Harmless: Boarders agree to hold Agistor harmless from any claim resulting from damage or injury caused by the alpacas to anyone and agree to pay any attorney's fees, costs, or expenses incurred in defense of such claims
When Stud Fee Earned and Due: The stud fee will be earned upon Stud service unless proof of negative pregnancy by means of an ultrasound. The stud fee will be paid 60 days after services have been rendered unless evidence of negative pregnancy is provided by the Dam Owner. Thereafter, dam owner, at their expense, will be responsible for checking the pregnancy status of their female. The risk of loss for both the dam and cria at side remain with the Dam Owner.
Authorization of Emergency Care: Dam Owner authorizes emergency veterinary care and agrees to pay all necessary and reasonable veterinary charges for services rendered to the dam or cria while in the care of Stud Owner.
Lien Rights Conferred: Dam Owner acknowledges that Stud Owner will have a lien upon the future cria to secure payment of all charges and monies that may become due and owing pursuant to this contract and that Stud Owner will have the right to deny registration approval until all charges are paid in full, pursuant to the laws of the state where this contract is to be performed to enforce Stud Owner's lien rights.
Live Birth Guarantee Defined: Stud Owner guarantees a live cria will be born to Owner's dam as a result of this stud service. The live birth guarantee is satisfied if the cria survives 48 hours after birth. If Dam Owner claims the guarantee is not fulfilled, then Dam Owner shall provide proof from a licensed veterinarian that the cria died within 48 hours after birth and the cause of death in the event that the pregnancy produces a viable fetus. In the case of miscarriage, re-absorption, or premature cria, the Dam Owner can return the open female for rebreeding within 12 months of the initial service date.
Dam Owner's Exclusive Remedies: If the conditions of paragraph 10 are satisfied to show the live birth guarantee has not been satisfied, then the Dam Owner's exclusive remedy shall be entitled to a free rebreeding. Dam Owner will bear the costs associated with the rebreeding option. Notice of non satisfaction of the conditions in paragraph 10 shall be given by Dam Owner within 14 months from the date Stud Owner shall have earned the stud fee under paragraph 7 and any rebreeding option shall be exercised by Dam Owner within 18 months after the stud fee was earned, or said rebreeding option shall be deemed to be waived by non use.
No Other Guarantees or Warranties: No guarantees or warranties are provided by Stud Owners or their agents or employees beyond those expressly stated herein. The sole remedies of Dam Owner are those contained herein. The parties further agree that no express or implied warranties apply to this transaction, and none have been made by Stud Owner. No warranties have been made that the sire is in fact free from cosmetic, phenotypic, genetic, conformational, or aesthetic defects, nor that the offspring of this breeding of sire and dam shall be free of such defect(s). Stud Owner and Dam Owner have jointly inspected the sire and find him free of any known defects that make a breeding of sire and dam inadvisable.
Contract for Service; Non Applicability of the UCC: This is a contract for service, and not for the sale of "goods" within the meaning of the Uniform Commercial Code. The UCC warranties of merchantability and suitability for a particular purpose do not apply as a matter of law; however, if the parties operate under a mistake of law, then Dam Owner acknowledges that all UCC warranties are waived as a matter of fact. Accordingly, no remedies under the UCC applicable to the sale of goods are available to Dam Owner.
Costs of Transportation: Dam Owner is responsible for all costs of transportation and certificates of their dam and cria alpaca, if applicable, to and from Stud Owner.
Waiver and Release of Liability: Dam Owners release, discharge and agree to hold Stud Owner and his agents and employees, harmless for all claims that may arise as a result of this stud service contract, and the attendant boarding of dam alpaca (and any cria at her side) unless injury or damages is caused to dam alpaca (or her cria) by an act of gross negligence. Dam Owners represent either that the dam (and any cria at her side) are insured with a "full mortality" insurance policy or that the Dam Owners are acting as their own self insurer, both as to mortality, and also as to any injury, damage or any event causing a loss of value of dam (and any cria at her side) that may occur. Dam Owners further agree that their sole remedy, in the event of damage, loss or any event causing a loss of value to either dam or any cria at her side, shall be to make claim against any insurance policy that they have acquired. If Dam Owner fails to acquire such insurance and hence act as their own self insurer, they shall be deemed to have waived any claim against Stud Owner and his agents and employees.
Legal Proceedings: In the event any lawsuit is initiated by either party, the prevailing party shall be entitled to recover their reasonable attorney's fees and costs of suit. Jurisdiction and venue of any lawsuit arising out of this contract shall be in the county where this contract is to be performed.
Limitation of Damages. In no event shall damages be awarded in any legal proceedings for Dam Owners' incidental or consequential damages of any kind, including, but not limited to, delay in performance, lost profits or lost production.

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Stud Owner Date		Dam Owner Date