Foal for Foal contracts aren't all that uncommon. Basically, he services your mare twice, and he gets one foal and you get the other. And you're right, you'll lose riding time on her, though she CAN be ridden while pregnant. I would want a Breeding Lease contract defining everything, and he should pay for all mare care relating to the pregnancy and delivery of the foals, you will be doing all of the work and taking all of the risk. I would have a good, HARD look at the stallion first to see if I even wanted to go forward. Then you could fill out a lease agreement and have him sign it, if you decide to go ahead. If he balks at a contract, don't do the breeding.
Here's a Breed Lease Agreement that I use, that you could tweak to fit your circumstances.
BROODMARE LEASE AGREEMENT
1. Parties.
This Brood Mare Lease Agreement (the "Lease") is being entered into this _____ day of
_________________________________ (Month, Year) for reference purposes only, by
Name: _____ _______________________________________________________
Address _________________________________________________
___________ ___________________________________________________
(“Mare Owner: or “Lessor”) and
Name: ___________________________________________________________________________
Address:_________________________________________________________________________
________________________________________________________________________________,
(“Lessee”) .
2. Lease of Mare.
The Lessee desires to lease the following mare from Lessor:
(name) ___________ _________________________________________,
(registration number) ______ _______________________________________,
(color/ markings) ______
(sex) _Mare________, (DOB ____________________________________________,
(Location)____ ______________________________,
(“Mare”).
Under the terms and conditions set forth herein.
3. Terms.
3.1. Term. The "Term" of this Lease shall commence on :_____________
(“Commencement Date”) and terminate on:_______________________ (“Termination Date”)
unless sooner terminated pursuant to any provision herein.
3.2. Obligations and Rights Upon Lease Termination. Lessee expressly covenants
and agrees that upon termination or cancellation of this Lease, Lessee shall have no further rights
in or to the Mare and Lessee shall immediately return the Horse to Lessor at Lessee’s sole
expense. This clause shall survive termination of this Lease.
4. Delivery of Mare.
4.1. Expense of Delivery. Lessor shall make possession or deliver possession of the
Mare to the Lessee at Lessee’s expense on the Commencement Date. At the termination of the
Lease, the Mare shall be returned to the Lessor at Lessee’s expense.
5. Ownership of Foals.
5.1. Mare in Foal at Lease Commencement. The parties agree that the Mare is open.
5.2. Mare in Foal at Lease Termination. The parties further agree that the Mare shall be open upon Lease Termination.
5.3. Foal(s) during Lease. The Lessee shall be the owner of any foal(s) born during
the Lease Term if the Mare was settled during the Lease term.
6. Mare and Foal Care, Custody and Control.
6.1. Custody. Lessee shall be responsible for the proper care and custody of the Mare
and foal(s) during the term of this Lease. Lessee shall be required to provide the following type
of boarding facilities for the mare and her foal: ___Stall and Pasture ____________________
______________________________________________________________________ (specify)
Lessee agrees that if the Mare has a foal at her side upon the Commencement Date, Lessee shall
act as custodian of both until such time that the Mare and foal are returned.
6.2 Care. Lessee shall maintain in good condition and repair the Lessee’s boarding
facilities. Lessee shall maintain the Mare and foal, if any, in the same or similar physical
condition as when possession was provided to Lessee, commensurate to a Mare of same age
breed, size and condition. Lessee shall provide good quality hay and feed and clean fresh water
for the Mare and foal and provide the following dietary supplements, if
Any ______________________________ during the lease term. Lessee shall
provide at Lessee’s sole cost, all veterinary care, grooming, shoeing, and exercise to the Mare and foal(s) during the term of the lease.
6.3. Control. Lessor reserves the right to approve and periodically inspect the
facilities where Lessee shall maintain the Mare and foal(s). The Mare and foal shall be
maintained at the following physical location _______________________________________
______________________________________________________________________________
The Mare and foal may not be relocated or moved except as provided herein. Lessor and Lessor's
agents shall have the right to examine the Mare and or foal at reasonable times for the purpose of
inspecting or showing to prospective purchasers, as Lessor may deem necessary or desirable.
6.4. Lessee agrees to provide the Mare with a current Coggins certificate prior to return to Lessor. Lessee agrees to return mare in a clean and breedable condition and to provide written proof of clean culture and cytology, performed prior to the Mare’s return to Lessor.
7. Breeding of Mare.
7.1. Stallion Selection. The selection of a stallion for the breeding of the Mare shall
be at the sole discretion of Lessee.
7.2. Transportation. The Lessee shall pay for the transportation
of the Mare to the approved stallion farm and return to Lessee’s farm or location. The method
and means of transportation shall be at the sole discretion of the Lessee.
Lessee will pay for the boarding and veterinarian expenses of the Mare and
Foal, if any, at the farm where the approved stallion stands. Any transport to and from a licensed Veterinarian’s office for any treatment whatsoever shall be at Lessee’s cost.
8. Foal Registration.
8.1. Registration and fees. Lessee shall pay for all registration
fees to the appropriate breed registry or registries. The parties shall mutually cooperate in
preparing and submitting any and all necessary paperwork for proper registration.
Lessee shall be the designated breeder for all foals.
9. Liability Insurance.
9.1. Lessee agrees to pay Lessor the sum of ________________should the Mare die or need to be destroyed, for any reason, while in Lessee’s care. This sum is in lieu of having Lessee provide insurance. Or Lessee may provide insurance to cover Major Medical and Mortality with Owner shown as Loss Payee.
10. Disposition of Foal(s). The parties agree to the following pertaining to any live foals
born during the term of the Lease (insert provisions):
Lessee shall be sole owner of any foal conceived, delivered and weaned from the leased Mare during the time of the Lease.
11. Right to purchase: If Lessee should desire to purchase the Mare at any time during the Lease, the pre-stipulated purchase price shall be
12. Indemnity
12.1. Claims arising out of Lease. Lessee shall indemnify and hold Lessor harmless
from any and all claims, demands, suits judgments or actions arising out of Lessee's lease or use
of the Mare. The indemnity shall include any and all costs, attorney's fees, expenses and
liabilities incurred in the defense of any such claim or any action brought thereon.
12.2. Assumption of the Risk and Waiver of Claims. Lessee assumes all risk of
damage to property or injury to persons as a result of Lessee’s lease and or use of the Mare
and Lessee waives any and all claims in respect thereof against Lessor, even if damage or
injury arises out of the act or omission of Lessor.
13. Defaults and Remedies.
13.1. Defaults. The occurrence of any of the following events constitutes a default of
this Lease by Lessee: The failure by Lessee to
observe or perform any of the covenants, conditions or provisions of this Lease which Lessee is
required to observe or perform.
13.2. Remedies upon Default. If Lessee defaults under this Lease, and the default is
not cured within 5 days, Lessor shall have the right at any time thereafter, without notice or
demand and without limiting Lessor in the exercise of any right or remedy which Lessor may
have by reason of the default or breach, to: 1) Terminate Lessee's right to possession to the Mare
by self help repossession or any lawful means, in which case this Lease shall terminate and
Lessee shall immediately surrender possession of the Mare to Lessor; 2) Pursue any other
remedy now or hereafter available to Lessor under the laws or judicial decisions of the state
whose laws govern this Lease. Additionally, Lessor shall be entitled to recover from Lessee all
damages incurred by Lessor by reason of Lessee's default including, but not limited to the cost of
recovering possession of the Mare and reasonable attorney's fees and court costs.
13.3. Default by Lessor. Lessor shall not be in default unless Lessor fails to perform
obligations required of it within a reasonable time, but in no event later than thirty (30) days after
notice by Lessee to Lessor, specifying in what manner Lessor has failed to perform such
obligations.
13.4 Breed Lease Fees
14. Binding Effect. Subject to any provisions herein restricting assignment or subletting by
Lessee and subject to the provisions of paragraph, this Lease shall bind the parties, their personal
representatives, heirs, successors and assigns.
15. Assignment. This Agreement may not be assigned by any party unless agreed on in
writing. No assignment shall relive the assigning party of any obligations herein, unless
expressly agreed in writing by the non-assigning party.
16. Time of the Essence. Time is of the essence in the performance of all covenants and
conditions of this Lease.
17. Notices. All demands, notices, consents, or other communications required or permitted
to be given or sent by either party to the other, shall be deemed to have been duly given (1) if
delivered by personal delivery, when delivered, (2) if mailed, three business days after being
deposited in the United States mail, certified or registered mail, return receipt requested, and
postage prepaid, to the address below ( 3) if sent by facsimile, upon transmission to the facsimile
numbers below, provided that a copy is promptly sent by U.S. mail and a transmission receipt is
provided or (4) if sent by courier, the business day after being sent by a nationally reputable
overnight courier service.
Lessor: _____________
____________________
____________________
Fax No. ______________
Lessee:_______________________
_______________________
_______________________
Fax No.________________
18. General Provisions.
18.1. Severability. The invalidity of any provision of this Lease, as determined by a
court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.
18.2 Choice of Law. This Agreement shall be governed by the laws of the State
of_ Any legal action commenced to enforce or interpret this Agreement shall
be brought in state or federal courts with the appropriate jurisdiction, located in
_____ (County) __ __ (State). The parties hereto consent to both
venue and jurisdiction.
18.2. Waivers. No waiver by Lessor of any provision hereof shall be deemed a waiver
of any other provision or of any subsequent breach by Lessee of the same or any other provision.
Lessor's consent to or approval of any act shall not render unnecessary the obtaining of Lessor's
consent to or approval of any subsequent act by Lessee.
18.3. Covenants and Conditions. Each provision of this Lease to be performed by
Lessee shall be deemed both a covenant and a condition.
18.4. Headings, Terms. The terms "Lessor" and "Lessee" shall be construed to mean,
when required by the context, the directors, officers, employees, invitees, servants and agents of
Lessor or Lessee. Any terms not defined herein shall be given the usual and customary meaning
associated to such term in the equine industry in the county where the Lessor resides. The
language in all parts of this Lease shall be construed as a whole according to its fair meaning,
and not strictly for or against either Lessor or Lessee.
18.5. Attorney's Fees. If either party named herein brings legal action or arbitration to
enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such
action, trial, arbitration or appeal, shall be entitled to reasonable attorney's fees to be paid by the
losing party as fixed by the court or arbitrator.
18.6. Execution and Delivery. This Lease shall not be binding nor confer any rights
upon either party unless and until executed and mutually delivered by and between both parties.
18.7. Relationship of Parties. This Lease does not create the relationship of principal
and agent or a partnership or joint venture, or of any association other than that of Lessor and
Lessee.
19. Entire Agreement. This Agreement constitutes the entire agreement between the parties
pertaining to its subject matter and it supersedes all prior contemporaneous agreements,
representations and understandings of the parties. 6
20. Counterparts. The Agreement may be executed in any number of counterparts, each of
which shall be deemed an original. All of which together shall be deemed as one and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
Lessor:
Signed: ________________________
Name: __________________________
(printed)
Lessee:
Signed: _______________________
Name: ________________________
(printed)