Horse breeding can become extremely complicated and end up in a hefty dispute if the proper precautions are not taken to draw up a breeding contract by a lawyer experienced in equine law. A breeding contract is vital to protect all parties of the contract, which include the owners of the mare and stallion, as well as the horses involved. Below is a list of things to consider when drafting up a contract with an experienced equine lawyer.
- The parties of the contract, i.e. the owners of the mare and stallion. This section should include the address and phone number for each party.
- Stallion – The breeding stallion should be clearly identified with any information available, including a registration name and number. The location of the stallion should also be identified.
- Mare – If the breeding contract is designed for one particular mare, the mare's information should also be identified.
- Fees and Expenses – All fees should be included within your contract, including mare care, vet fees, and farrier fees. They should all be the responsibility of the mare owner.
- Guarantees – Most breeding contracts contain a “live foal” guarantee. Any such guarantees should be included and clarified in the contract.
- Type and Time of Breeding – The contract should include the type of breeding (live or artificial insemination with cooled or frozen transport) as well as the time of breeding and an expiration date.
- Rebreeding Rights and Sale of Breeding – A contract should identify a mare owner’s right to rebreed. Allowance and circumstances concerning selling a breeding to a third party should be addressed.
Other important aspects of a good breeding contract include condition of acceptance of a mare, entitlements of the mare owner, refunds, liability wavers, death or injury of a stallion, lien/security interest, equine activity liability act, and jurisdiction/venue. It's important to keep in mind that equine law varies from state to state, so it's important to draw up a contact with a lawyer experienced to your local state laws.