IME, which was a very very bad experience, these are the things that would have probably saved my mare's soundness, overall well being, and fertility....
1. A pull-out clause for the leaser, if you feel that the horse is not receiving adequate care and could have a vet concur. No notice needed.
2. Leaser can visit the horse at any time with no notice necessary.
3. Horse cannot be sub-leased or leave the property without consent of the owner.
4. Horse will be bred under the guidance of an actual veterinarian.
5. Specify the breeding method -- AI/LC/ET.
6. Leaser makes no guarantees towards the mare's ability to breed and conceive a foal, and lessee is welcome to do a breeding soundness exam prior to the mare leaving the property. Lessee understands that breeding is a gamble and not an exact science. If lessee is unable to get mare in foal by X date, they can return the mare with X notice or opt to try again next season.
7. Leaser is not responsible for any costs once contract is instated other than any costs agreed upon (if you are going to pay shoeing, vaccinations, etc) except for costs of transport if leaser decides to remove horse from lessee's care.
8. Lessee must carry mortality and major medical insurance for broodmare for the entire term of the lease with a value named by leaser and with leaser named as payee.
I am probably going a bit overboard here, but you can tell I had a BAD experience. Yes, the lack of every one of those listed above caused a huge problem, with the exception of the last, though loss of use insurance would have been helpful My former Intermediate event mare, who was sound and fertile when she left my care (aside from some problematic feet that needed regular trims and shoes if ridden), ended up a broken down, permanently lame and barren pasture puff. Though I'm not sure how they were leasing out this horse who, according to them, was dead lame from day one, to their dressage trainer at a different barn as a lesson horse....
Good idea to discuss how the owner/ leasee feel about colic surgery--should it become necessary. Some owners would want it done, some now. also things like uterine torsion? To what extremes of heroics does the owner want done?
Windswept Stables-Specializing in Ponies
Sales, Breaking,Training,Showing, Stud Service
Home of 2008 Sire of Year Reserve Champion
Pony Hunter Breeding - Empires Power
I've had good experiences leasing several mares for our breeding program. We have used the same contract in every situtation, and here is what is covers (basics):
1. Ownership of the mare, and Ownership of the foal in B & W. On each contract, I've had the option to purchase which we outline in the contract as well.
2. Standards for care - minimum care requirements that both parties agree on and can be held accountable to.... farrier work, routine health care etc...
3. Costs - our contract outlines that all costs associated with breeding are the expense of myself, and the owner can't be held liable by the stallion owner, vet or.... if I was to default on those arrangements.
4. Insurance & liability - this one was a HUGE must for me. Our contract outlines that the mare owner can opt to purchase insurance for the mare, and the mare owner is the payee. But, we also outline one key point. The MO is knowingly leasing the mare for breeding purposes, should the mare die or suffer injury during normal breeding routines, I will not be held liable. Should the care of the mare be found negligent, then I would be liable.
5. Visitation - our contract outlines the mare can be visited by her owner anytime, without notice. Should the mare be found in non-compliant condition (as per the standards of care), I have 48 hours to rectify. Should I not comply or the horse is found in a negligent condition, the MO has the right to immediately remove the mare and null & void the contract. With the exception of the coming foal, whose ownership is 100% mine, regardless of circumstances. But, we wrote into the contract that I would be responsible for the costs of keeping the mare, foaling and keeping the foal until weaning in order to retain ownership.
6. Suitable breeding methods - outlines what methods of breeding can be used, what types of stallions (if this is restricted) and any pregnancy care requirements. Who can breed the mare, vet may be specified or just that a vet needs to do the work.
7. Housing - where the mare may be housed and what specifications are required if she is moved, aside from moving for breeding purposes. Also, we include a no sub-contracting clause.
8. Register the lease with your breed association.
Hope this helps! We've never had any issues, our leases have always worked out well.
Imax - Fresstyle x Juventus x Rubinstein
2014 - Sister to IMAX (hopefully)
Lots of great advice posted here.
There are contracts (free) on www.bayequest.com that work in a variety of situations. Sounds like you could add in some of the stipulations in the last few posts.