DAMROCK FARM
2012 MARE CARE and FOALING SERVICES CONTRACT
WITNESS THIS AGREEMENT this _____ day of ________, 201__, between Damrock Farm, hereinafter
referred to as "Farm," and _________________________________, hereinafter referred to as "Mare
Owner."
WHEREAS, Mare Owner is the owner or lessee of a certain mare(s) specifically identified on attached
Mare Information Sheet
WHEREAS, Mare Owner wishes to have said mare(s) foaled out by Farm.
IT IS NOW THEREFORE AGREED between the parties as follows:
Foaling Fees:
(A) Mare Owner agrees to pay a non-refundable foaling fee of $300 for foaling services in the year 2012.
This fee is applicable to each and every mare foaled out at Damrock Farm. This payment includes any
equipment used during a normal foaling. Should an emergency arise special services will be rendered to
save the mare and/or foal’s life unless specified otherwise by Mare Owner as indicated on Mare
Information Sheet. Veterinarian services are not included in the foaling fee and will be billed directly
through the Mare Owner's veterinarian, as indicated on Damrock Farm Owner Information Sheet, or other
veterinarian if needed, for emergency services.
(B) For the foaling service fee of $300 Farm hereby agrees to foal out the above described mare
belonging to Mare Owner. This fee applies in addition to regular rate for mare care.
(C) Farm shall have a lien against the mare and any foal at side until such time as any and all charges are
paid in full; said lien shall survive any transfer of possession. No animal may be removed from premises
until such time as all charges and fees are paid in full. Mare Owner agrees to pay all charges and fees
when due and should Mare Owner fail to do so, Farm shall be entitled to recover costs, expenses and
attorney's fees expended in collection. In the event collection of Owner's account is placed in the hands of
an attorney, Owner agrees a minimum fee of $250.00 shall be assessed as attorney's fees.
Mare Care and Board:
Board and feed shall be covered by our dry mare board rate of $20/day until foal is born when an
additional $5/day will be added for foal board. Mare board rate is reduced to $18/day if more than one
mare from same owner or agent is boarded at Farm in the same calendar year. Foal board remains at
$5/day. Mare care and foal care is payable by billing until the end of the month in which the foal is born
and that amount shall be due by the first day of the next month for non-resident mares only, or before
animals leave Farm premises. For Resident mares, mare care is due on the first day of the month
preceding board until foal is born. Foal board is due at the end of the month in which the foal is born, and
thereafter, foal care is also due on the first day of the month preceding board. (i.e board for 31 days in
May is due May 1st). Mare Owner hereby states that he/she has inspected the premises of the facility and
is satisfied with their condition, upkeep and safety. Mare Owner agrees that the standard of care to be
imposed upon Farm is that of ordinary care of a prudent horse owner and not that of compensated Bailee.
General Conditions
Mare Owner agrees to furnish a negative Coggins Test prior to mare's arrival at the farm. All mares shall
be accompanied upon arrival by a health certificate indicating a current vaccination for rabies, equine
influenza, tetanus, and encephalitis. Mares not accompanied by said certificate will not be allowed to
offload at the Farm. Mare Owner understands and agrees that upon arrival at the Farm, the mare may be
examined by a licensed veterinarian selected by Farm, at Mare Owner's expense. Mare Owner authorizes
Farm, to engage performance of such other veterinary services, as Farm may deem necessary for the
proper treatment, care and protection of the mare and/or foal at side. This is to be done at the Mare
Owner's expense and will be billed directly to the Mare Owner. Whenever possible, Mare Owner's
veterinarian of choice, as indicated on Owner Information Sheet, will be utilized to perform needed
veterinary services.
In the event of life threatening illness or injury of the mare ad/or foal due to foaling complications, all means
available will be utilized to save said mare and/or foal unless otherwise instructed by Mare Owner,
including surgery if recommended by the veterinarian. Mare Owner shall pay any and all costs in
connection therewith. Mare owner will try to be contacted via phone prior to any high expense treatments.
Farm shall not be liable for any sickness, disease, estray, theft, death, or injury which may be suffered by
the mare and/or foal at side, or any other cause of action whatsoever arising out of or connected in any
way with the foaling out or boarding of the mare and/or foal. This includes, but is not limited to, any
personal injury or disability which the Mare Owner or Owners may receive while on the premises of the
breeding facility. Mare Owner fully understands that Farm does not carry on outside horses in its
possession, custody or control for breeding and boarding, any public liability, accidental injury, theft or
equine mortality insurance, and that all risks connected with the breeding and boarding of the mare or
mares and/or foals are to be born by the Mare Owner or Owners. Farm strongly recommends equine
mortality insurance be obtained applicable to the subject horse(s) by Owner. The standard of care
applicable to Farm is that of ordinary care of a prudent horse owner and not as a compensated bailee. In
no event shall Farm be held liable to Mare Owner for equine death or injury in any amount. Mare Owner
agrees to obtain equine insurance for any animals, at Mare Owner's expense. Mare Owner agrees to
disclose this entire agreement to Mare Owner's insurance company and provide Farm with the company's
name, address and policy number. Failure to disclose insurance information shall be at Mare Owner's risk.
Mares that are not halter broken will not be accepted.
Owner agrees to submit a completed Owner Information Sheet at least five days prior to the mare's
arrival on the premises of the Farm.
Inherent Risks and Assumption of Risk:
The undersigned acknowledges there are inherent risks associated with equine activities such as
described below and hereby expressly assumes all risks associated with participating in such activities.
The inherent risks include, but are not limited to the propensity of equines to behave in ways such as,
running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an
injury, harm or death to persons on or around them; the unpredictability of equine's reaction to such things
as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as
surface and subsurface conditions; collisions with other animals; the limited availability of emergency
medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to
the participant or others, such as failing to maintain control over the animal or not acting within such
participant's ability.
This contract represents the entire agreement between the parties. No other agreements, promises, or
representations, verbal or implied, are included herein unless specifically stated in the written agreement.
This contract is made and entered into in the State of New York, and shall be enforced and interpreted in
accordance with the laws of said State. In the event one or more parts of this contract are found to be
unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.
Each party should separately initial additional agreements. If none, check here ____.
Mare Owner or Agent ___________________________________________ Date _____________
Damrock Farm ________________________________________________ Date _____________