White Oak Arabians

*ELIJAH PASB CONTRACT FOR BREEDING

1. Parties. THIS CONTRACT, made this ______ day of ____________, in the year of 2007 by and between Elizabeth Thompson (owner) d.b.a. White Oak Arabians, whose address is 1058 White Oak Road, Rogersville, Missouri 65742 (hereinafter referred to as “WOA”), and NAME (Client) ____________________________________________________, (hereinafter referred to as “Client”). Address__________________________________, county ___________, City ________________________, State ____________, Zip ___________, Phone _____________________.

2. HORSE. This agreement (the Contract) is for the mare (the Mare):

MARE _____________________________ SIRE ____________________________ DAM________________________, Registration # _____________, Date Foaled _________, Color _______ Markings___________________________________________________________, Date of last culture ___________, Results of last culture _____________, Attending Vet _______________________ phone ____________, Insurance Carrier: _______________________, Amount: ___________ Expiration:___________________

3. OWNERSHIP: (Mark one) The Client;

( ) Has full title and registration, ( ) Has leased the “Mare” ( ) Has purchased the mare on installment contract with final payment due:___________. Name of Registered Owner of Mare ____________________________________________________ Address of Registered Owner______________________________________________________________________ , City ______________________, State__________________, Zip ______________, Phone ____________________ .

4. BREEDING. Client has contracted to breed this mare to *Elijah PASB AHA # 0606218 (The Stallion) during the 2007-year breeding season, which terminates on August 1^st, 2007. The stud fee is two thousand dollars ($2,000.00). A non-refundable booking fee five hundred dollars ($500.00) for the breeding is due and payable upon execution of this contract. The balance of the stud fee must be paid prior to the first shipment/cover unless other arrangements have been made and agreed to by both parties in a written contract. Payment Received: ___________________.

5. LIVE FOAL GUARANTEE: WOA guarantees a return breeding the following season should a LIVE FOAL (defined as one who stands and nurses without assistance) not result from this breeding. Death of the foal before qualification as a live foal must be certified in writing by a veterinarian and received by WOA within ten (10) days of foaling date. Should the resulting foal be a colt, a return breeding would be guaranteed so long as the full ownership of the colt is provided to WOA and subject to an additional contract agreement between the two parties. A Series of Rhino pneumonitis must be completed for the LIVE FOAL GUARANTEE to apply. Written documentation by a veterinarian will be required in the event of an aborted or dead foal. Initial both parties _______________- ________________

6. STALLION GUARANTEE AND PROMOTION: Should said stallion be unavailable for medical reasons including fertility, as substantiated by a veterinarian, or by death, the parties agree that the client shall have the option of breeding to another stallion owned or leased by WOA at the same fee. Client agrees that WOA may, at its discretion, show or promote Stallion during normal breeding season.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION: Regardless of any negligence on its part, WOA and its subsidiaries, affiliates, agents, servants and employees shall not be held liable for any sickness, disease, stray, theft, death or injury suffered, nor for any other loss, damages or injury arising out of or connected with breeding, or other services pursuant to this contract, except as required by law. Client fully understands, authorizes and assumes the special risks inherent in breeding, and acknowledges that mortality and other insurance is solely client’s responsibility. All implied warranties, including fitness; merchantability or otherwise, and all special, incidental and consequential damages are hereby excluded, to the full extent permitted by law. In no event shall client’s remedy exceed the amount of the fee paid for the service complained of. WOA shall also not be held liable for any personal injury or disability, which the client or his agents, representatives or family may receive while on WOA premises. Client agrees to indemnify and hold WOA harmless for, from and against any claim, damages, illness or injury caused or suffered by the mare, and from any claim by a buyer of the mare, and client agrees to pay all expenses and attorney’s fees incurred by WOA in defending any such claim.

8. NON-ASSIGN ABILITY: Client may not assign any rights or delegate any duties under this Contract without written consent from WOA.

9. REBREEDING: Mares not checked in foal in any given year may be rebred in the next consecutive year. If no attempt to rebreed the mare is made in the next consecutive year, both parties must agree to other arrangements in writing or the client will forfeit the breeding right. An accredited equine veterinarian must attend the client’s mare throughout each heat cycle and attest to proper management of the mare with a Missouri state “Health Certificate” for the purpose of breeding to include the results of a “negative” reproductive culture. Substitution shall require a newly completed and signed contract for each substitution. Breedings may not be resold or transferred without the prior written consent of WOA.

10. ENTIRE AGREEMENT; CONSTRUCTION; JURISDICTION; ATTORNEY’S FEES: This Contract contains the entire understanding of the parties concerning its subject matter and may be modified only in writing. Headings are for convenience only and are not part of this Contract. The invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforce ability of the remainder. This Contract shall be construed and governed by the laws of the State of Missouri. Jurisdiction and venue for all disputes connected with this contract shall be proper only in Webster County, Missouri. If a lawsuit is filed with respect to this contract, the prevailing party shall be entitled to collect all reasonable attorney’s fees and costs.

Client has read, understands and agrees to all of the terms of both pages of this contract.

THIS CONTRACT IS VOID IF NOT RETURNED SIGNED WITHIN THIRTY DAYS OF THE DATE IN PARAGRAPH ONE

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