Breeding Contract Question Here. . .

[erinwillow]

I need a bit of advice on a breeding contract situation. . .

I paid for and signed a Breeding Contract to an outside stallion this year (2008). I had been keeping in contact with the owner so that she was aware of heat cycles and ovulation in fact, I had a general idea of heat cycle at least 30 days prior to requesting semen-- but when our mare came into heat the SO's stallion was not available. He had just been given his Equine Herpes vac and so was under a 30 day quarantine and we therefore could not proceed with the breeding :( It's an older mare and I really couldn't wait another cycle so we happily rebred her to our stallion. BUT My question is: do I ask for a re-booking for next season or??? I understand I am probably out the moooolah but I thought it a bit odd that we had been wiped off the schedule though I had done my best to keep SO informed of our needs. . . sigh.

[Fairview Horse Center]

Are you talking about the EVA vaccine? I believe many stallion owners have recently come to realize that their stallions are at risk, and are trying to protect their boys & their future "dates". I debated trying to get it done this spring, but since my stallion is not showing, I just tested him this spring, and am opting for trying to vaccinate them this fall. I would hope the SO will honor your breeding in future years.

It is also unfortunate that they didn't contact you to let you know ahead of time. Unfortunately, with a busy foaling season, I know it is easy to overlook someone.

[erinwillow]

Are you talking about the EVA vaccine? I believe many stallion owners have recently come to realize that their stallions are at risk, and are trying to protect their boys & their future "dates". I debated trying to get it done this spring, but since my stallion is not showing, I just tested him this spring, and am opting for trying to vaccinate them this fall. I would hope the SO will honor your breeding in future years.

It is also unfortunate that they didn't contact you to let you know ahead of time. Unfortunately, with a busy foaling season, I know it is easy to overlook someone.


Yes, apologies, the EVA vaccine. . which I also think is an excellent idea to try and prevent via vaccination however, after being overlooked--is it fair to say that the contract now is null and void minus my $800 or in your opinion is it fair to approach the SO and request that the breeding be moved to '09???

[ahf]

So you called them when your mare foaled and let them know you wanted to breed on the 30 day heat? And they vaccinated the stallion anyway because they forgot about you?

I'll tell you what I think is fair...that they refund all money you have paid right now, and apologize profusely. Why should they earn interest on your money for a year when they were in error?

[YankeeLawyer]

I agree with AHF. Even if it was just an "oversight," the SO should bear the cost of that error, not you. I think you should get the money refunded this year and then if you ultimately decide to try again next year with him, sign a new breeding contract. Also, is this a 2-year LFG contract? You certainly should not have this year count against that.

[pintopiaffe]

What does your contract SAY?

99% of all contracts I've had or read say that I am entitled to breed until the mare gets pregnant, although some have a cutoff at 2 years, or 3 years. Some spell out that I pay booking in the 2nd or, more commonly the third. All I've *used* have had 2nd year, no fees (except shipping of course, and some, depending on how it's done, collection).

Mine (as an SO) says after a certain number of breedings I can request certain RESULTS of culture/biopsy from them, and that after 2 full seasons, in the third season there are a couple of other things to protect me from having to collect and collect and collect--and in the THIRD year I don't have to refund the full stud fee, because face it, I've spent that in collecting, if you know what I mean.

You gave them THIRTY DAYS NOTICE and the stallion was unavailable--in the middle of the peak season? It seems to me in the majority of contracts, you're more than entitled to next year. But obviously, what does YOURS say.

I understand the want/need to vax for EVA, but c'mon, you need to notify the mareowners!

[erinwillow]

I knew I loved you guys:winkgrin:

Well, I've reviewed the contract and actually aside from the opening line which reads, "this contract for the breeding season of 2007" (um, the year is even out of date) "mare owner agrees to breed MARE XYZ to STALION XYZ for the fee of $800" that's it. . . there is some details about live foal guarantee, etc. but nothing more that would cover my specific situation. . . .

Truth be told, I still like the stallion (not HIS fault his owner is a flake) but I'm not sure if I should simply ask to extend the Contract to next year or what??? YES, I completely was a good, very good Mare Owner ;) I notified of date of foaling and estimated her 30 day cycle per my Vet. . . .days went by then the email with the vaccination info :( so, it's fair to ask for an extension?? It seems fair enough to me anyway. . I mean if MY stallion had been in the same circumstances. . I think it's fair. . .

[erinwillow]

So you called them when your mare foaled and let them know you wanted to breed on the 30 day heat? And they vaccinated the stallion anyway because they forgot about you?

I'll tell you what I think is fair...that they refund all money you have paid right now, and apologize profusely. Why should they earn interest on your money for a year when they were in error?

I know, I know. . I felt about this small. . . I'd like to ask for a renewal of the Contract for '09. . . am hoping that is a possibility. . .

[YankeeLawyer]

I think it is fair to ask for a refund. If the SO refuses and you are willing to negotaite something less, then at a minimum I think you should get an extension on the contract through next year. To the extent there is a time limitation regarding ability to breed back if the mare does not conceive, I don't think this year should count against that. In other words, I think you should get a refund or the full benefit of the contract -- albeit next year instead of this one.

[pintopiaffe]

What's the wording of the LFG? Rebreeding (or, c'mon, BREEDING) should fall under that, I think, if it's not spelled out seperately.

[erinwillow]

the LIve Foal Guarantee states that I am entitled to a re-breeding if the foal is pronounced "dead" up until 30 days after birth OR if the mare proves via Vet statement to be "barren or to have aborted". It DOES state that the return privledges in this case are for the SAME breeding season. . . . :confused:

[pintopiaffe]

what *could* get you into trouble with that wording is that you did not try again this year.

Any responsible, reasonable SO will carry it... but... that might be what bites you in the backside.

I really, really, REALLY wanted to breed to a particular stallion a couple of years ago. The fine print in the contract said they weren't responsible for getting viable semen to me. That scared me off completely. I'm not going to blame an SO for a FedEx delay, but I expect if all goes as scheduled that the swim team at least arrievs swimming...

That could be a bad thing. Hopefully the SO will step up.

[YankeeLawyer]

I would just get a refund. It is a lot cleaner that way, and you avoid the situation where the SO "forgets" she agreed to let you extend the contract. Or, insist on a new written agreement that memorializes what you have agreed upon for next year.

[Norcrest]

The stallion owner owes you a refund. The stallion was unavailable and therefor you could not breed your mare, it is not your fault and they owe you the money. just my 2cents as a SO