Thank you for your interest!

(1)

Thank you for your interest!

We appreciate your interest in breeding your mare to Picasso’s Masterpiece or

GFS Mikado during the 2021 breeding season. You can also get on the list for

Otro Armani THF, our Homozygous Tobiano Barock Pinto Stallion, who will

be at stud in 2022. We’ve created this PDF document to make the application

and breeding process easier for everyone. In addition to the contract, we’ve

included both of the forms that you and your vet will need to fulfill your part

of the breeding contract throughout your mare’s pregnancy. Everything is

right here at your fingertips in one document. This way, you can download

everything in one file to ensure you have all the forms necessary for the live

foal guarantee and the return breeding privilege.

GFS Mikado

After reading the contract and our policies and procedures, if you would

like to breed one of our stallions to your mare for the 2021 Breeding

Season, please read complete and sign the Breeding Contract, making sure

to complete the Mare Owner and Mare section, initial the bottom of each

page, and initial the last section, and sign and date the contract. Please

email the completed contract, the Mare’s conformation pictures (both

sides), registration papers, and any lease agreements you may have on the

mare. Please so NOT send any money until your mare has been approved.

Upon acceptance of your mare, we’ll send you the payment information so you can

pay the $500 Non-Refundable Booking Fee (or the full payment if you prefer) to

lock in your spot. There isn’t a fee involved to get on the list for Otro Armani for

2022, just let us know you’d like to add your name to the list and send us your

mare’s info so she can be pre-approved for 2022. The Insemination Pregnancy form

must be signed by the veterinarian who will be inseminating the mare at different

times during the pregnancy and emailed to us after each vet visit. You’ll only use one

copy of this form during the pregnancy and the vet will sign each section as the

pregnancy progresses. It’s a great reference for you as the mare owner and for us as

the stallion owner to keep up with the vet visits on one form.

Otro Armani THF – Homozygous Tobiano

We’ve tried to make the breeding process as clear and easy as possible. Our contract is very specific and detailed so that

there are no misunderstandings. If you have any questions, please contact us for clarification prior to signing the contract.

Sincerely,

Jorge & Melissa Alvarez

Top Hat Friesians & Barock Pintos

dba Top Hat Equine, Inc.

(2)

TOP HAT FRIESIANS & BAROCK PINTOS dba TOP HAT EQUINE, INC.

Phone / Texts: 561-288-4545 Email: info@tophatfriesians.com Address: Jorge & Melissa Alvarez, PO Box 1722, Jupiter, FL 33468

2021 Cooled Semen Equine Breeding Contract with Live Foal Guarantee

This non-transferable “Contract” is effective this ________ day of _________________, 2021 by and between Top Hat Friesians & Barock Pintos, also dba Top Hat Equine, Inc. owned by Jorge and Melissa Alvarez (“Stallion Owner”) and Mare Owner (“Mare Owner”) indicated below for the Mare named below, (“the Mare”) for the 2021 Breeding Season that begins March 1, 2021 and ends on August 31, 2021 (“Term”) for breeding to the Stallion Owner’s stallion selected below and under the Terms and Conditions provided herein. Stallion Owner’s Veterinarian is Dr. Erin Newkirk at WellGrove Equine located at WellGrove Farm, 2581 C Road, Loxahatchee, FL 33470 and phone number is (561) 398-9782, (hereafter referred to as “Stallion Owner’s Veterinarian”) who handles all semen collection and shipping. The clinic requires the Mare Owner to have a credit card on file to cover these expenses. This contract is subject to the

acceptance of the mare by the Stallion Owner.

STALLION SELECTION (the “Stallion”): We do not breed to unregistered mares. Please place a check mark beside the stallion you would like to breed your mare to in 2021. Additional registration opportunities beyond than those listed below are available based on your mare’s registration and registry rules.

Put a ✓ or

X below: Stallion’s Name Stallion Registry Info:

Picasso’s Masterpiece

– Black and White Tobiano Barock Pinto Stallion

DNA: Ee, Tt, aa (Heterozygous Tobiano, Heterozygous Black, Red Carrier,

negative for agouti)

STUD FEE: 2021 Special - $900 including a LFG and a $500 non-refundable Booking fee due at contract signing. (Regular price $1200) Semen collection

and shipping is additional and is at our vet's current rates.

Picasso is registered at ECHA-ESV Germany, Friesian Heritage Horse, Friesian Blood Horse Registry, Friesian Sporthorse Association. Foals can be

registered in all of these registries except ECHA-ESV which is no longer in business.

GFS Mikado

– Smokey Cream Tobiano, Double Dilute Warmblood Stallion

DNA: Ee, CrCr, Tt, aa, (Black Based, Homozygous for Cream, Heterozygous for

Tobiano, Negative for agouti) Negative for Fragile Foal and PSSM1.

STUD FEE: 2021 Special - $900 including a LFG and a $500 non-refundable Booking fee due at contract signing. (Regular price $1200) Semen collection

and shipping is additional and is at our vet's current rates.

GFS Mikado is registered with the Anglo European Studbook (AES). His foals are eligible to be

registered in the “Auxiliary” Book. Once he has obtained his

Licensed and/or Approved status, the “Auxiliary” Book foals can be upgraded into the Main Studbook.

Otro Armani THF

– (Picasso’s Masterpiece’s Grandson)

Homozygous Tobiano Barock Pinto Stallion GUARANTEED A TOBIANO PATTERN FOAL

DNA: Ee, TT, aa. (Heterozygous Black, Red Carrier, Homozygous Tobiano,

negative for Agouti) Negative for Hydrocephalus, Dwarfism, Fragile Foal, and PSSM1.

Pre-booking for 2022 to determine interest. No money is required at this time

to get on the list. We will begin accepting stud fee payments in January 2022 if there is enough interest to stand him at stud. You can submit mare info for pre-approval when you get on the list or you can wait until 2022.

2022 STUD FEES: 2022 Stud Fees include a LFG, a tobiano color guarantee,

and a $500 non-refundable Booking fee due at contract signing in 2022. Semen collection and shipping is additional and is at our vet's 2022 rates.

Prospective Stud Fees (Prices may change): Solid mare - $1500, Pinto Mare - $2800, We are not planning on breeding Armani to Homozygous Tobiano

Mares at this time. Pinto mare owners will need to provide a DNA report showing their mare is heterozygous for tobiano. If your mare hasn’t been tested it costs $25 at AnimalGenetics.us

Stud fees can be paid via PayPal, Checks or Wire Transfer. Please do not make payment or send checks prior to speaking with us for specific payment

instructions for each method. Payment must be paid and clear prior to scheduling stallion’s collection.

Armani is registered in the KWPN B Book. His foals are eligible for KWPN B book registration. We are also planning to register him in the Friesian Heritage Horse Barock Pinto Specialty Book but he’s not there yet.

(3)

MARE OWNER: If the Mare is owned by a corporation, the person signing this contract is authorized to act on behalf of the corporation

and will be held personally responsible for paying the stud fee in full. If the Mare is owned by partners, the person signing this contract is personally responsible for paying the stud fee in full. Any corporate or partnership disputes will not affect this contract or

involve the Stallion Owner in any way. If you do not have the authorization to sign this contract, please do not do so.

Mare Owner’s Name: Address:

Phone: Primary: Alternate:

Email:

Veterinarian’s Name: Veterinarian’s Address: Veterinarian’s Phone:

MARE (“the Mare”): This Contract covers the following Mare and the Mare Owner may not assign or transfer this Agreement or any

interest in this Agreement to other parties or to other mares:

Mare’s Registered Name: Barn Name:

Breed: Registration #:

Age: Height:

Mare’s Color: Color Pattern:

DNA results for Tobiano if breeding to Otro Armani (Circle One and send in DNA results):

Heterozygous for Tobiano (nT or Tt) Homozygous for Tobiano (TT or TOTO) Breeding Status: Circle One Maiden (never been bred) Foaling (last foal’s DOB: ______/_______/________)

Barren (bred multiple times but never got in foal)

Preferred Breeding Month:

Mare’s Registries: Preferred Registry for Foal: Mare’s (or mare’s foals)

Performance Awards:

FEES: Booking Fee: All Stud Fee’s include a $500 NON-REFUNDABLE BOOKING FEE which should be paid by Mare Owner when

you send in the signed contract. Any fees or signed contracts sent in without speaking to the Stallion Owner first will be

returned.

a. 2021 Stud Fees: We are offering a reduced stud fee of $900 (normally $1200) which includes the non-refundable booking fee for 2021 due to COVID for Picasso’s Masterpiece and GFS Mikado. Otro Armani isn’t at stud this year but you can be put on his Pre-Booking List for 2022 with no money down.

b. Collection Fees: Mare owner is responsible for paying the Stallion Owner’s veterinarian’s $250 collection fee. c. Shipping Fees: Mare owner is responsible for paying all shipping fees.

PAYMENTS: Once your mare has been accepted for breeding, we will contact you regarding payment specifics and email a signed

copy of the contract back to you. PayPal payments will incur an additional charge of $40 to cover PayPal fees unless you use the Friends and Family option. We accept wire transfers, Zelle, PayPal, and personal or business checks (which must clear prior to scheduling collection).

BREEDING SEASON: The breeding season is March 1, 2021 to August 31, 2021. The Stallion will be available for collection Monday

through Friday during the Term. You can call or text on Saturday and we will return calls/texts but are closed on Sundays and will return Sunday calls on Monday. We no longer accept orders for same day collections so please plan ahead.

SUBMITTING CONTRACT TO STALLION OWNER: The Mare Owner shall send a copy of the Mare’s registration papers and full body

photos of each side showing conformation with a signed Contract that has been initialed and dated at the bottom of each page (for each mare if breeding multiple mares) by email to info@tophatfriesians.com BEFORE paying the stud fee or non-refundable booking fee. If the Mare is leased, a copy of the lease agreement must also be provided. Stallion Owner specifically denies any contractual

liability to the original owner of the Mare. The Mare Owner must also call or text 561-288-4545 the same day to make sure the email

was received. While we make every effort to accept all mares for breeding, there are some circumstances or occasions when a mare cannot be accepted for breeding.

STALLION SERVICE: Service will be provided to registered healthy mares of any breed in sound breeding condition, as determined

by a licensed veterinarian. A breeding soundness exam is strongly recommended prior to shipping semen. Our stallions are very fertile so if the Mare fails to settle after one breeding, Stallion Owner requires the Mare Owner to submit a culture and cytology report prior to any further semen shipments. Should the Mare become unsuitable for breeding prior to using any semen on said mare, Mare Owner can request to use a substitute mare owned or leased by the Mare Owner, by providing the mare’s the complete information to the Stallion Owner for acceptance by Stallion Owner BEFORE breeding the mare. Using an approved replacement mare does not extend the original terms of this Contract. Using an unapproved mare voids this contract and all guarantees within including foal registration.

(4)

RIGHT OF REFUSAL. Stallion Owner reserves the right to refuse sale of semen to any Mare Owner at its discretion and Stallion Owner

is not required to provide a reason for the refusal to the Mare Owner. All mares bred to the Stallion must be approved by the Stallion Owner prior to the Mare Owner paying the non-refundable booking fee or the stud fee.

ORDERING SEMEN / LATE FEES / CANCELLATION FEES: The Stallion will be available for collection Monday through Friday during

the Term. ALL requests for Fresh Chilled semen shipments must be made via TELEPHONE ONLY. To order call 561-288-4545 no later than 11:00 AM (EST) the day prior to collection/shipping with the exception of Monday collection requests which must be made by 11:00 AM (EST) on Friday. Please do not email semen shipment requests as they will not be honored. Mare Owner agrees to notify

the Stallion Owner by telephone at 561-288-4545 when the mare is coming into heat so the Stallion owner and vet can be prepared for collection. We no longer accept orders that come in for same day collections. Cancellations must be made no later than

12 noon the day before the scheduled collection to avoid cancellation fees. Monday collections must be cancelled by 12 noon on Friday. If the Mare Owner orders semen and cancels the order after the Stallion collection has been completed, Mare Owner will still be charged the collection fee of $250.00 by the Stallion Owner’s Veterinarian and a $100 cancellation Fee by the Stallion Owner. Mare Owner is responsible for all costs involved for the collection and shipping.

SHIPPING: Semen will ONLY be shipped to a licensed veterinarian’s office.We will NOT ship semen to the Mare Owner nor do we allow Mare Owners to perform the AI themselves. All semen is shipped FedEx from Stallion Owner’s Veterinarian and fees are

charged to the Mare Owner’s credit card on file at the shipper’s current rates. Semen will only ship after all fees have been paid. Checks must clear the bank prior to collection.Stallion Owner and Stallion Owner’s Veterinarian only assumes responsibility of shipping semen in viable condition at the time of shipment and assumes no responsibility for loss of semen viability or associated expenses due to any delay in shipment, delay in airline schedules, or delay in courier services, weather conditions or any other conditions beyond Stallion Owners and Stallion Owner’s Veterinarian’s control. It is the Mare Owner’s responsibility to insure shipments and file any claims with the shipper for lost, damaged, or delayed shipments. The Stallion Owner’s Veterinarian typically ships in a disposable box and the cost of that box is included in the $250 collection fee. The Stallion Owner’s Veterinarian can ship in an Equitainer at the current rates if requested by the Mare Owner or if the shipping is from South Florida in the middle of the summer to another very hot location, or where FedEx delivery is imprecise. The Mare Owner is responsible for shipping the Equitainer back at their expense within 7 days of receipt. The Equitainer must be returned clean and undamaged. Unreturned or damaged Equitainers will be charged the current rates by the Stallion Owner’s Veterinarian to the Mare Owner. Late return of Equitainers will be charged a per day late fee at the vet’s current rates, after the 7 days, and are charged to Mare Owner’s credit card on file. Any issues arising regarding the return of Equitainers

will be resolved between the Stallion Owner’s Veterinarian and the Mare Owner – no exceptions.

DOSES: We make every effort to provide two doses of fresh cooled semen in a shipment when quantities suffice, yet in no way can we

guarantee the delivery of more than one dose of semen per mare. The Stud Fee entitles the Mare Owner to ONE dose of fresh chilled semen, which will be sent to the Mare Owner’s veterinarian for use during ONE heat cycle of the Contract Mare and a maximum of 2 doses for the Term of this Contract used over 2 of the Mare’s heat cycles if she doesn’t become pregnant with the first insemination. Mare Owner’s veterinarian must verify in writing on the Insemination Form that the doses were used on the contract mare.

ASSUMED RISK: The Mare Owner assumes the risk of missed breeding opportunities due to problems with timing of the Mare’s

ovulation, not ordering the semen in enough time to receive it prior to the mare’s ovulation, the Mare’s fertility, shipping or handling of the semen after it leaves Stallion Owner’s Veterinarian’s office. To reduce the chances of missing ovulation and incurring additional vet or stud fees, Stallion Owner suggests that the Mare Owner has their vet ultrasound the mare for follicle size several times prior to the collection and shipping of semen to get the timing as close as possible to the Mare’s ovulation without going past it.

AI VET / PREGNANCY CHECKS: Mare Owner certifies that the attending veterinarian for this breeding is experienced in artificial

insemination (AI), and practices equine reproduction as a regular part of their practice. Said Veterinarian must administer the fresh chilled semen within twenty-four (24) hours after receipt from the Stallion Owner’s Veterinarian. Mare owners must confirm for

pregnancy via ultrasound at 15 days after ovulation to check for twins, 28 days after ovulation to check that the mare is still in foal, and again at 55-60 days post ovulation to check that the mare is still in foal. Mare owner must make the Stallion Owner aware of the results after each ultrasound using the Pregnancy Conformation Form. Should the Mare Owner fail to have a veterinarian examine the pregnancy at the above intervals or fail to inform the Stallion Owner of the results, the Live Foal Guarantee and Return Breeding Privilege will be null and void.

VACCINES AND WORMING: It is the Mare Owner’s responsibility to have a veterinarian vaccinate the mare for Rhinopneumonitis

(Equine Herpes Type 1) at 5, 7, and 9 months of pregnancy with a Pneumabort –K + 1B vaccine by Zoetis and to give the mare their yearly shots including rabies one month prior to the Mare’s due date in order to protect the foal and to follow a vet recommended worming schedule. Stallion Owner must be informed of the dates the vaccines are given. Failure to vaccinate or deworm voids the Live Foal Guarantee and Return Breeding Privilege.

INSEMINATION / PREGNANCY CONFIRMATION FORM: This form must be completed and signed by the Mare Owner’s Veterinarian

and emailed to the Stallion Owner within five days after each required ultrasound and emailed again within five days after the booster vaccinations are given before foaling and emailed again within five days of the vet check after foaling. Mare Owner should retain a copy of this form for their records.Failure to return this form in the time frames stated in this paragraph will make the Live Foal Guarantee, Issuance of the Breeder’s Certificate, Return Breeding Privilege, any potential Refunds, or Registration possibilities null and void. It is the Mare Owner’s responsibility to follow up with the Stallion Owner to make sure the form was received in a timely manner as email, postal mail, and texting can be unpredictable.

SPLITTING DOSES AND OTHER PROHIBITED ACTIONS: Using the semen for multiple pregnancies, splitting semen doses, freezing

the semen for future use, embryo transfers, freezing embryos, destroying or disposing of semen, or using semen to re-breed the Mare once a Live Foal has been produced, inseminating mares other than the Contract Mare, whether by the Mare Owner’s Veterinarian or

(5)

any other person, are expressly outside the scope of this Contract and are prohibited under the Terms of this Contract. Mare Owner’s Veterinarian must contact Stallion Owner regarding what to do with any unused semen.

RETURN BREEDING PRIVILEGE: In the case of pregnancy loss, the Mare Owner will receive one return breeding privilege for the

2021 breeding season to the same mare. In the event that the mare does not become pregnant after one dose of semen has been shipped to be used in one of the Mare’s heat cycles, Mare owner will receive ONE additional dose as a return breeding privilege for either the 2021 or 2022 breeding season as long as the Mare Owner has the attending veterinarian complete the Return Breeding Privilege form and Stallion Owner receives it within five calendar days of the discovery of foal loss. Under no circumstances will this contract be extended past the end of the 2022 breeding season. There will be no return breeding privilege if the Mare changes ownership by being sold, given away, or changes ownership in any way, regardless of whether the new owner has or has not changed the Mare’s registered paperwork into their name, or if the Mare Owner fails to have her veterinarian complete the form and send it to the Stallion Owner within the allotted time frame.

SEMEN OWNERSHIP: All semen shipped pursuant to this Contract remains, at all times, the property of the Stallion Owner. Under NO

circumstances will the semen doses be split into smaller amounts by the Mare Owner’s Veterinarian or any other person. Under NO circumstances will ANY of the semen be used on any mare other than the Contract Mare without the prior written consent of the Stallion owner through the execution of a new contract for the additional mare(s) and advance payment in full of all additional stud fees by Mare Owner(s). Under NO circumstances will the semen be destroyed or disposed of by anyone without the prior approval of the Stallion Owner.

RIGHTS TO STALLION: The Mare Owner shall have NO right, title, or interest in the Stallion except for the breeding rights expressly

set forth in this Contract.

LIVE FOAL GUARANTEE: The Mare owner will be given a Live Foal Guarantee which is defined as a newborn foal able to stand and

nurse without assistance. If there is foal loss either through absorption or death, for whatever reason, notice must be given to Stallion Owner within 5 calendar days of loss by a licensed Veterinarian and must include the date and time of birth, the date and time of death, and the cause of death or the Live Foal Guarantee will be null and void.

It is the Mare Owner’s responsibility to assist in maintaining the pregnancy with regular veterinary checks, ultrasounds and pneumabort shots, proper nutrition and feeding, regular deworming with products for pregnant mares, vaccinations that are customary in the Mare Owner’s geographical area, and proper intervention during foaling if necessary to help the mare birth the foal, including ensuring that the foal is helped to learn to nurse if it’s having difficulties and a vet assists if needed during a difficult birth or any mare/foal complications after birth. Stallion Owner will not honor the Live Foal Guarantee when the Mare Owner has neglected to undertake the appropriate examinations and measures required within this Contract. Under no circumstances will this contract be extended past the end of the 2022 breeding season which is August 31, 2022. The Live Foal Guarantee is Null and Void if the mare is given any type of teratogenic drug during the pregnancy by any person, including but not limited to the mare owner or mare owner’s veterinarian, or any employee.

The Live Foal Guarantee is null and void if: the Mare Owner has neglected to give the appropriate examinations, shots, and

notifications to the Stallion Owner as required within this Contract; if the mare is given any type of teratogenic drug during the

pregnancy by any person, including but not limited to the mare owner or mare owner’s veterinarian, or any employee; if the Mare Owner fails to rebreed Mare during the acceptable return breeding period; if the Mare is bred to another stallion without written consent of Stallion Owner; if the Mare is substituted with another mare without written consent of the Stallion Owner; if the foal dies due to lack of supervision or proper facilities during the birthing process; if the foal dies due to any negligent act of the Mare Owner; if the Mare owner doesn’t notify Stallion Owner if the mare fails to conceive, aborts or dies as defined in this Contract; if any other conditions of this contract are not met as agreed upon with the Mare Owner.

FOAL:

a) Foal Guarantees: Stallion owner provides no guarantee that foals will be born any particular color, build, height, or amount of

feathering and hair, or have any particular type of character or demeanor, or be suited for any particular discipline. We do offer a Tobiano Pattern Guarantee when breeding to Otro Armani who is homozygous tobiano, and who will always throw a tobiano (pinto) color pattern. Armani carries black and red and, when combined with the mare’s DNA coloring, will determine the final color of the foal’s coat. We only guarantee the tobiano pattern, not the other color of the coat. Substitute mares must be of the same color as the original mare (solid or pinto) if required because the original mare couldn’t conceive. The Tobiano guarantee does not apply to any other stallion.

b) Foal Classification: Barock Pintos are a Friesian x Warmblood ONLY. Foal registration eligibility will follow the following

guidelines. When the Stallion is bred to a Barock Pinto mare or a solid or pinto colored Warmblood mare the resulting foal is a Barock Pinto if the foal is born with a tobiano (pinto) coat color and a Part-Bred Friesian if the foal’s coat is solid black. Warmbloods are: Hanoverian, Holsteiner, Oldenburg, Trakehner, Selle Français, Belgian Warmblood, Dutch Warmblood, Swiss Warmblood, Austrian Warmblood, Danish Warmblood, Finnish Warmblood, British Warmblood, and Swedish Warmblood. When bred to any other breed the resulting foal is a Part-Bred Friesian, not a Barock Pinto, even if its coat color is tobiano (pinto). Stallion Owner does not guarantee any specific registration with any given registry.

c) Breeders Certificate: A Breeder’s Certificate and registration paperwork will be issued when the Mare Owner notifies the

Stallion Owner of the birth of the foal in writing within five days of the attending veterinarian’s foal check. In order for the breeding certificate to be issued and/or the Right of Return Privilege to be valid, the Mare must be bred by a licensed veterinarian and the attached Insemination / Pregnancy Confirmation Form must be completed by the veterinarian and sent to the Stallion Owner. Stallion Owner does not guarantee any specific registration with any given registry.

REPRESENTATION: Mare Owner hereby represents to Stallion Owner that all applicable Mare and personal information is true,

complete and correct, including but not limited to that the registration papers submitted for the Contract Mare actually belong to the Contract Mare and pictures of the Contract Mare are of the mare to be bred and not another mare.

(6)

RELEASE OF LIABILITY: The Mare Owner assumes all responsibility for the condition of the Contract Mare and shall bear all risk of

loss or damage to the Contract Mare whether by death, disease, injury, infection, or if the mare does not settle in foal, or otherwise, and by any cause whatsoever, or due to any unsuccessful, inappropriate, untimely, or negligent attempt at insemination, or failure of insemination or any other reason whatsoever, and agrees to release, discharge, indemnify, and holds harmless, Top Hat Equine, Inc, Top Hat Friesians, Stallion Owner, WellGrove Equine, and any of it’s employees, agents, officers, directors, or successors, from any liability for any and all damages associated therewith. The Mare Owner agrees that there is normal risk and cost of doing business when breeding horses and shall further hold Stallion Owner and any party associated with the collection and shipment of semen, harmless from any such claims whether ordinary, special, incidental or consequential. Stallion Owner cannot be held responsible in any way for any illness or injury to a mare or to any other horse due to breeding to Stallion nor for a mare’s failure to conceive. The mare owner hereby agrees to pay all expenses of Stallion Owner and vet that are incurred in defending any claims for which the Mare Owner has agreed to release, discharge, indemnify and hold harmless.

RESPONSIBILITY: For the avoidance of any doubt or misunderstanding, the Mare Owner agrees that the Stallion Owner’s

performance pursuant to this contract is also contingent upon Mare Owner’s satisfactory compliance with all of the terms and conditions of this Contract.

CERTIFICATION. Mare Owner shall NOT have the authority to sell, assign or substitute the rights and privileges assigned herein

without the prior written consent of Stallion Owner. Any attempt at doing so shall entitle Stallion Owner to terminate this Contract and releases Stallion Owner from all obligations created herein.

REFUNDS: In the event Stallion is unable to breed or send fresh semen due to sickness, injury, unwillingness to be collected, death,

sale, or unavailability due to the Stallion’s competition schedule, and the mare has not been bred, Mare Owner has the right to request a refund of the stud fee minus the $500 Non-refundable booking fee. If the Mare has already been bred once, even if she didn’t get in foal, there will be no refunds of any fees whatsoever. Any outstanding charges owed to Stallion Owner or Stallion Owner’s Veterinarian must be paid prior to Stallion Owner issuing any stud fee refunds and this Contract shall then become null and void. In the event of the Stallion’s death prior to the delivery of a live Foal, the Live Foal Guarantee and the Return Breeding Privilege becomes null and void.

WARRANTY: Stallion Owner hereby represents to the Mare Owner that any semen transported will be from the Stallion selected on

page 1 of this contract. The Stallion Owner and Stallion Owner’s Veterinarian are not responsible for lost, delayed, or damaged semen and make no representations or warranties of any kind with respect to any semen furnished hereunder except that it is the Stallion’s semen. STALLION OWNER AND STALLION OWNER’S VETERINARIAN HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS

AND WARRANTIES CONCERNING OR RELATED TO THE TRANSPORTED SEMEN, INCLUDING WITHOUT LIMITATION ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. No

warranties, unless expressly stated herein, either express or implied, shall be granted with this Contract.

CONTRACT ENDING: Purchased breedings must be used within the 2021 Term otherwise this contract becomes null and void on

August 31, 2021 and no refunds shall be issued for any stud fees paid. If necessary, the Return Breeding Privilege (2nd_{Dose) must be}

used within the 2021 season or during the 2022 breeding season otherwise, the Return Breeding Privilege is forfeited on August 31, 2022 and this contract becomes null and void and no further semen will be shipped and no refunds shall be issued. This contract shall not extend past the end of the 2022 Breeding Season for any reason whatsoever.

SALE OF MARE: If the mare is sold or changes ownership in any way, there will be no refund of any fees to the Mare Owner or the

new owner under any circumstances whatsoever and the Mare Owner agrees the Live Foal Guarantee and the Return Breeding Privilege becomes null and void and will not transfer to the new owners.

CHARGE BACKS: Mare Owner agrees not to contest any charges paid by credit card or via PayPal to Stallion Owner or to Stallion

Owner’s Veterinarian and made pursuant to this Contract on the basis that the Contract Mare failed to produce a live foal, or otherwise become pregnant, or for any other reason whatsoever.

WEBSITE: Top Hat Friesians & Barock Pintos dba Top Hat Equine, Inc provides information about its horses and services on its

“website” location on the internet at the URL www.TopHatFriesians.com and at www.TopHatEquineInc.com. The Farm bears no liability for any information displayed on the Website that is or may be out of date, incorrect, or inconsistent with any term of this Contract. Purchaser acknowledges and agrees that, notwithstanding any information to the contrary displayed on the Website, the parties’ rights and obligations with respect to all matters contemplated by this Contract shall be absolutely governed by the terms stated herein.

REMEDIES: No delay or failure by Top Hat Equine, Inc/ Top Hat Friesians & Barock Pintos/ stallion owner to exercise any right under

this contract shall be deemed a waiver of any right or remedy otherwise available to Top Hat Equine, Inc/ Top Hat Friesians & Barock Pintos/ stallion owner.

INDEMNIFICATION. Mare Owner agrees to indemnify, release and hold harmless the Stallion Owner, its agents, employees and

assigns, and the Stallion Owner’s Veterinarian from any and all claims, demands, damages, actions, suits, attorney’s fees and costs, obligations or liabilities of any kind, known or unknown, in any way related to or arising from the Contract Mare or the breeding or insemination of the Contract Mare.

FAILURE OF MARE OWNER. Failure of Mare Owner to adhere to the terms of this Contract will make this Contract, including the Live

Foal Guarantee and Return Breeding Privilege, null and void, and no fees or monies will be refunded to the Mare Owner.

ENTIRE CONTRACT. This Contract supersedes all prior communications between the parties, whether oral or written, and constitutes

the entire understanding of the parties with respect to the subject matter contained herein. The invalidity of unenforceability of any term or provision of this contract shall not affect the validity or enforceability of any remaining provisions hereunder.

(7)

GOVERNING LAW, JURISDICTION. This Contract shall be governed by the laws of the State of Florida and shall be binding upon the

parties hereto and their personal representatives. Mare Owner waives any objection or claim that any court actions have been brought in an inconvenient forum. Mare Owner agrees to pay all attorney fees, including Stallion Owner’s legal fees, and other expenses related to Stallion Owner enforcing this Contract.

Please read and initial each of the following:

_______ I understand and agree that the $500 booking fee is NON-REFUNDABLE for any reason whatsoever and will not be applied to any future breedings, and is due at contract signing;

_______ I understand that my mare must be accepted for breeding to my stallion of choice prior to any payment of fees; _______ I understand and agree that all stud fees are due in full prior to collection of stallion;

_______ I understand and agree that the $250 collection fee and all shipping fees are additional and are paid directly to WellGrove Equine and that I must have a credit card on file with them prior to collection;

_______ I understand and agree that no semen will be shipped without a signed contract for the mare being bred;

_______ I agree to follow the stipulations set forth by the stallion owner that are contained within this contract to do my best to ensure that the mare produces a healthy foal;

_______ I understand that should I not follow through and do my part as requested by the stallion owner that I will forfeit rights as outlined in this contract and Stallion Owner will not be responsible in any way for my failed actions, nor will Stallion Owner be required to provide services that I have waived my rights to because I did not fulfill my part of this contract;

_______ I have initialed each page at the bottom which means that I have read and understand this entire agreement and my part in it and I have clarified with the stallion owner any part that I did not understand prior to signing.

IN WITNESS WHEREOF, as evidence of this contract, by their signature and seals below and intending to be legally bound hereby, the parties have entered into this Contract as of the date and year written below.

TOP HAT FRIESIANS & BAROCK PINTOS OWNERS:

By:_______________________________/__________________________________ (SEAL) Date:___________________2021 Jorge Alvarez Melissa Alvarez

I, the undersigned Mare Owner, do hereby certify that I am the legal registered owner of the Contract Mare named herein, or the legal lessee of the Contract Mare, or an authorized partner or corporation personnel that owns the mare, and as such, have the legal and binding authority to enter into this Contract, as witnessed by my signature and legal seal. I also certify that I have read and understand all of the Terms of this Contract and I agree to abide by these Terms and submit the forms included as addendums to this Contract within the required time frames. I hereby represent that all of the information I’ve submitted about the Mare is accurate and correct and belongs to the Contract Mare to be bred and not to any other Mare. MARE OWNER/ MARE OWNER:

_____________________________________________________________________ (Print name)

_____________________________________________________________________(SEAL) Date:__________________2021 Signature

(8)

TOP HAT FRIESIANS & BAROCK PINTOS dba TOP HAT EQUINE, INC.

INSEMINATION FORM / PREGNANCY CONFIRMATION FORM

This form must be completed and signed by the Mare Owner’s Veterinarian and emailed to the Stallion Owner 1) within five days after the Mare 15 day ultrasound after insemination, five days after the 28th_{day ultrasound, and 5 days after the 55-60 day ultrasound, five}

days after the booster vaccinations are given before foaling and five days of the vet check after foaling. Mare Owner should retain a copy of this form for their records and can use the same form for each vet exam. Failure to return this form in the time frames

stated in this paragraph will make the Live Foal Guarantee, Issuance of the Breeder’s Certificate, Return Breeding Privilege, any potential Refunds, or Registration possibilities null and void. It is the Mare Owner’s responsibility to follow up with the Stallion Owner the same day the form is sent to make sure the form was received that day as email can be unpredictable. Stallion Name: Mare Owner Name: Phone:

Mare Name: Address:

Mare Breed: City, State, Zip:

PREGNANCY RECORD: List all Insemination dates and pregnancy results

Insemination Date Ultrasound Date In Foal Not In Foal Veterinarian Signature 1.

2. 3.

Deworming Dates:

DATE OF FOALING: _________________________ DATE OF FOAL CHECK BY VET: __________________ Insemination Verification: I am a currently licensed veterinarian. I examined the above name mare on this date and

found her to be in sound breeding condition. There is no indication that she would be unable to conceive or carry a foal to term. Prior to insemination she received normal immunizations and worming for broodmares in this area. I do hereby certify by my signature below that I inseminated the above mare with the doses of semen sent for the heat cycle within 24 hours of receipt. I also certify that I did not split any of the doses nor did I inseminate any other mare with the semen, nor did I allow any other person who might inseminate another mare, access to any of the semen sent for the mare indicated above. Once the mare was confirmed in foal, I certify that I vaccinated the mare as indicated in the second graph above. Veterinarian’s Signature_____________________________________________(SEAL) Date: _______________202_

VACCINATION RECORD: List all dates

Type Vaccination Date Veterinarian Signature

equine rhinopneumonitis 5 months 1. equine rhinopneumonitis 7 months 2. equine rhinopneumonitis 9 months 3. booster vaccinations given a month

before foaling (list all vaccinations given):

(9)

TOP HAT FRIESIANS & BAROCK PINTOS dba TOP HAT EQUINE, INC.

RETURN BREEDING PRIVILEGE REQUEST

In order to utilize the Return Breeding Privilege, if the Contract Mare has not “settled” (become and remained pregnant) after using the semen dose allowed within the contract, Mare Owner may request a Return Breeding by submitting the Insemination /Pregnancy Confirmation Form as well as this Return Breeding Privilege Request Form. This form requires the foal loss or mare not settling in foal to be evidenced in a written statement by the attending licensed veterinarian within five days from the date of the 15 day ultrasound or the 28th day ultrasound after the insemination or within five days of the death of the fetus/foal if it is at a later date. The following information must be filled out completely:

Date of Examination: ___________________________ by Ultrasound Palpation Other ______________________________ Identification of Contract Mare: Name of Contract Mare: ______________________________________________________________ Breed & Reg. No. _________________________________ Markings: ___________________________________________________ Sire Registry and Registration #: _________________________________________________________________________________ Dam Registry and Registration #:_________________________________________________________________________________ Contract Mare Owner’s Printed Name: ____________________________________________________________________________ Address: ____________________________________________________________________________________________________ Phone: _________________________ Fax: __________________ Email: ________________________________________________

Please include an explanation for each item. Use the back of this form if additional space is needed or attach official notes/documents:

1. Confirmation and reason that the Contract Mare did not “settle”:___________________________________________________

_________________________________________________________________________________________________________ or I confirm that the Contract Mare was properly cared for and monitored under my care during the period of pregnancy/foaling in a manner adequate to reasonably insure detection of and attention to any foaling difficulties and the mare was kept in good physical and sound breeding condition throughout the Breeding Season.

_____________________________________________Veterinarian Signature

2. Confirmation that Contract Mare suffered a loss of pregnancy (include an explanation): _______________________________ __________________________________________________________________________________________________________or

I confirm that I administered timely vaccinations including immunization for equine rhinopneumonitis to the Contract Mare during pregnancy and that the mare was dewormed regularly according to current suggested guidelines.

3. Verification of death of the foal – Date and time of birth _____________________; Date and time of death __________________

Cause of death ______________________________________________________________________________________________ I certify that such abortion or death did not result from any act or omission of the Mare Owner, or any other party subsequent to the Mare being confirmed in foal, and that all due care had been exercised and that said Mare has been afforded all reasonable protection.

I hereby certify that I am a licensed veterinarian and hereby confirm that I examined the Contract Mare on the date above and she did not settle in foal or lost the pregnancy as stated above.

Dated: ____________________Veterinarian's Signature: _______________________________________________________(SEAL) Printed Name: _______________________________________________________________________________________________ State & License #:_____________________________________________________________________________________________ Address: ____________________________________________________________________________________________________ Phone: ______________________________Fax:_____________________ email: _________________________________________ Any additional Notes: __________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________