# Foal for foal contract



## EquineBovine (Sep 6, 2012)

A stallion owner has offered me the service of his stud - I've not seen it and I don't intend to breed my mare any time soon, however it is a registered Clydesdale with good bloodlines and the offspring will be registerable.
The stallion owner would like a foal from my mare and has offered another foal in payment - breed my mare twice and we get one each.
If I were to go ahead with this (in the very distant future) what sort of contract would I need? What do I need to cover?
I have two conditions that would have to be followed as my mare is a fantastic riding horse and this would take a good 4 years out of her riding career.
-I'd take the mare to the stallion during heat, expect an inhand service and take the mare back the same day. I know this may seem silly but I don't want the mare out of my sight.
-The mare would remain in my care throughout pregnancy, foaling and rearing to weaning. Again, I wouldn't want the mare away from my care.


Can any one give me an example of a contract? Google isn't my friend today :icon_rolleyes:
Thanks in advance :wink:


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## Dreamcatcher Arabians (Nov 14, 2010)

Foal for Foal contracts aren't all that uncommon. Basically, he services your mare twice, and he gets one foal and you get the other. And you're right, you'll lose riding time on her, though she CAN be ridden while pregnant. I would want a Breeding Lease contract defining everything, and he should pay for all mare care relating to the pregnancy and delivery of the foals, you will be doing all of the work and taking all of the risk. I would have a good, HARD look at the stallion first to see if I even wanted to go forward. Then you could fill out a lease agreement and have him sign it, if you decide to go ahead. If he balks at a contract, don't do the breeding. 

Here's a Breed Lease Agreement that I use, that you could tweak to fit your circumstances. 


BROODMARE LEASE AGREEMENT 

1. Parties. 
This Brood Mare Lease Agreement (the "Lease") is being entered into this _____ day of 
_________________________________ (Month, Year) for reference purposes only, by 

Name: _____ _______________________________________________________ 

Address _________________________________________________

___________ ___________________________________________________ 
(“Mare Owner: or “Lessor”) and 

Name: ___________________________________________________________________________ 

Address:_________________________________________________________________________

________________________________________________________________________________, 
(“Lessee”) . 


2. Lease of Mare. 
The Lessee desires to lease the following mare from Lessor: 
(name) ___________ _________________________________________, 
(registration number) ______ _______________________________________, 
(color/ markings) ______ 
(sex) _Mare________, (DOB ____________________________________________, 
(Location)____ ______________________________, 
(“Mare”). 

Under the terms and conditions set forth herein. 

3. Terms. 
3.1. Term. The "Term" of this Lease shall commence on :_____________ 
(“Commencement Date”) and terminate on:_______________________ (“Termination Date”) 
unless sooner terminated pursuant to any provision herein. 
3.2. Obligations and Rights Upon Lease Termination. Lessee expressly covenants 
and agrees that upon termination or cancellation of this Lease, Lessee shall have no further rights 
in or to the Mare and Lessee shall immediately return the Horse to Lessor at Lessee’s sole 
expense. This clause shall survive termination of this Lease. 

4. Delivery of Mare. 
4.1. Expense of Delivery. Lessor shall make possession or deliver possession of the 
Mare to the Lessee at Lessee’s expense on the Commencement Date. At the termination of the 
Lease, the Mare shall be returned to the Lessor at Lessee’s expense.

5. Ownership of Foals. 
5.1. Mare in Foal at Lease Commencement. The parties agree that the Mare is open. 
5.2. Mare in Foal at Lease Termination. The parties further agree that the Mare shall be open upon Lease Termination.
5.3. Foal(s) during Lease. The Lessee shall be the owner of any foal(s) born during 
the Lease Term if the Mare was settled during the Lease term. 

6. Mare and Foal Care, Custody and Control. 
6.1. Custody. Lessee shall be responsible for the proper care and custody of the Mare 
and foal(s) during the term of this Lease. Lessee shall be required to provide the following type 
of boarding facilities for the mare and her foal: ___Stall and Pasture ____________________ 
______________________________________________________________________ (specify)
Lessee agrees that if the Mare has a foal at her side upon the Commencement Date, Lessee shall 
act as custodian of both until such time that the Mare and foal are returned. 
6.2 Care. Lessee shall maintain in good condition and repair the Lessee’s boarding 
facilities. Lessee shall maintain the Mare and foal, if any, in the same or similar physical 
condition as when possession was provided to Lessee, commensurate to a Mare of same age 
breed, size and condition. Lessee shall provide good quality hay and feed and clean fresh water 
for the Mare and foal and provide the following dietary supplements, if 
Any ______________________________ during the lease term. Lessee shall 
provide at Lessee’s sole cost, all veterinary care, grooming, shoeing, and exercise to the Mare and foal(s) during the term of the lease. 
6.3. Control. Lessor reserves the right to approve and periodically inspect the 
facilities where Lessee shall maintain the Mare and foal(s). The Mare and foal shall be 
maintained at the following physical location _______________________________________ 
______________________________________________________________________________
The Mare and foal may not be relocated or moved except as provided herein. Lessor and Lessor's 
agents shall have the right to examine the Mare and or foal at reasonable times for the purpose of 
inspecting or showing to prospective purchasers, as Lessor may deem necessary or desirable. 
6.4. Lessee agrees to provide the Mare with a current Coggins certificate prior to return to Lessor. Lessee agrees to return mare in a clean and breedable condition and to provide written proof of clean culture and cytology, performed prior to the Mare’s return to Lessor. 

7. Breeding of Mare. 
7.1. Stallion Selection. The selection of a stallion for the breeding of the Mare shall 
be at the sole discretion of Lessee.
7.2. Transportation. The Lessee shall pay for the transportation 
of the Mare to the approved stallion farm and return to Lessee’s farm or location. The method 
and means of transportation shall be at the sole discretion of the Lessee. 
Lessee will pay for the boarding and veterinarian expenses of the Mare and 
Foal, if any, at the farm where the approved stallion stands. Any transport to and from a licensed Veterinarian’s office for any treatment whatsoever shall be at Lessee’s cost. 

8. Foal Registration.
8.1. Registration and fees. Lessee shall pay for all registration 
fees to the appropriate breed registry or registries. The parties shall mutually cooperate in 
preparing and submitting any and all necessary paperwork for proper registration. 
Lessee shall be the designated breeder for all foals. 

9. Liability Insurance. 
9.1. Lessee agrees to pay Lessor the sum of ________________should the Mare die or need to be destroyed, for any reason, while in Lessee’s care. This sum is in lieu of having Lessee provide insurance. Or Lessee may provide insurance to cover Major Medical and Mortality with Owner shown as Loss Payee.

10. Disposition of Foal(s). The parties agree to the following pertaining to any live foals 
born during the term of the Lease (insert provisions): 
Lessee shall be sole owner of any foal conceived, delivered and weaned from the leased Mare during the time of the Lease. 

11. Right to purchase: If Lessee should desire to purchase the Mare at any time during the Lease, the pre-stipulated purchase price shall be 

12. Indemnity
12.1. Claims arising out of Lease. Lessee shall indemnify and hold Lessor harmless 
from any and all claims, demands, suits judgments or actions arising out of Lessee's lease or use 
of the Mare. The indemnity shall include any and all costs, attorney's fees, expenses and 
liabilities incurred in the defense of any such claim or any action brought thereon. 
12.2. Assumption of the Risk and Waiver of Claims. Lessee assumes all risk of 
damage to property or injury to persons as a result of Lessee’s lease and or use of the Mare 
and Lessee waives any and all claims in respect thereof against Lessor, even if damage or 
injury arises out of the act or omission of Lessor. 

13. Defaults and Remedies. 
13.1. Defaults. The occurrence of any of the following events constitutes a default of 
this Lease by Lessee: The failure by Lessee to 
observe or perform any of the covenants, conditions or provisions of this Lease which Lessee is 
required to observe or perform. 
13.2. Remedies upon Default. If Lessee defaults under this Lease, and the default is 
not cured within 5 days, Lessor shall have the right at any time thereafter, without notice or 
demand and without limiting Lessor in the exercise of any right or remedy which Lessor may 
have by reason of the default or breach, to: 1) Terminate Lessee's right to possession to the Mare 
by self help repossession or any lawful means, in which case this Lease shall terminate and 
Lessee shall immediately surrender possession of the Mare to Lessor; 2) Pursue any other 
remedy now or hereafter available to Lessor under the laws or judicial decisions of the state 
whose laws govern this Lease. Additionally, Lessor shall be entitled to recover from Lessee all 
damages incurred by Lessor by reason of Lessee's default including, but not limited to the cost of 
recovering possession of the Mare and reasonable attorney's fees and court costs. 
13.3. Default by Lessor. Lessor shall not be in default unless Lessor fails to perform 
obligations required of it within a reasonable time, but in no event later than thirty (30) days after 
notice by Lessee to Lessor, specifying in what manner Lessor has failed to perform such 
obligations. 
13.4 Breed Lease Fees 

14. Binding Effect. Subject to any provisions herein restricting assignment or subletting by 
Lessee and subject to the provisions of paragraph, this Lease shall bind the parties, their personal 
representatives, heirs, successors and assigns. 
15. Assignment. This Agreement may not be assigned by any party unless agreed on in 
writing. No assignment shall relive the assigning party of any obligations herein, unless 
expressly agreed in writing by the non-assigning party. 
16. Time of the Essence. Time is of the essence in the performance of all covenants and 
conditions of this Lease. 
17. Notices. All demands, notices, consents, or other communications required or permitted 
to be given or sent by either party to the other, shall be deemed to have been duly given (1) if 
delivered by personal delivery, when delivered, (2) if mailed, three business days after being 
deposited in the United States mail, certified or registered mail, return receipt requested, and 
postage prepaid, to the address below ( 3) if sent by facsimile, upon transmission to the facsimile 
numbers below, provided that a copy is promptly sent by U.S. mail and a transmission receipt is 
provided or (4) if sent by courier, the business day after being sent by a nationally reputable 
overnight courier service. 

Lessor: _____________
____________________
____________________
Fax No. ______________


Lessee:_______________________ 
_______________________ 
_______________________ 
Fax No.________________ 


18. General Provisions. 
18.1. Severability. The invalidity of any provision of this Lease, as determined by a 
court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 
18.2 Choice of Law. This Agreement shall be governed by the laws of the State 
of_ Any legal action commenced to enforce or interpret this Agreement shall 
be brought in state or federal courts with the appropriate jurisdiction, located in 
_____ (County) __ __ (State). The parties hereto consent to both 
venue and jurisdiction. 
18.2. Waivers. No waiver by Lessor of any provision hereof shall be deemed a waiver 
of any other provision or of any subsequent breach by Lessee of the same or any other provision. 
Lessor's consent to or approval of any act shall not render unnecessary the obtaining of Lessor's 
consent to or approval of any subsequent act by Lessee. 
18.3. Covenants and Conditions. Each provision of this Lease to be performed by 
Lessee shall be deemed both a covenant and a condition. 
18.4. Headings, Terms. The terms "Lessor" and "Lessee" shall be construed to mean, 
when required by the context, the directors, officers, employees, invitees, servants and agents of 
Lessor or Lessee. Any terms not defined herein shall be given the usual and customary meaning 
associated to such term in the equine industry in the county where the Lessor resides. The 
language in all parts of this Lease shall be construed as a whole according to its fair meaning, 
and not strictly for or against either Lessor or Lessee. 
18.5. Attorney's Fees. If either party named herein brings legal action or arbitration to 
enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such 
action, trial, arbitration or appeal, shall be entitled to reasonable attorney's fees to be paid by the 
losing party as fixed by the court or arbitrator. 
18.6. Execution and Delivery. This Lease shall not be binding nor confer any rights 
upon either party unless and until executed and mutually delivered by and between both parties. 
18.7. Relationship of Parties. This Lease does not create the relationship of principal 
and agent or a partnership or joint venture, or of any association other than that of Lessor and 
Lessee. 
19. Entire Agreement. This Agreement constitutes the entire agreement between the parties 
pertaining to its subject matter and it supersedes all prior contemporaneous agreements, 
representations and understandings of the parties. 6
20. Counterparts. The Agreement may be executed in any number of counterparts, each of 
which shall be deemed an original. All of which together shall be deemed as one and the same 
instrument. 








IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first 
above written. 

Lessor: 
Signed: ________________________ 
Name: __________________________ 
(printed) 

Lessee: 
Signed: _______________________ 
Name: ________________________
(printed)


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## EquineBovine (Sep 6, 2012)

Thanks so much!
I will defiantly be looking at the stallion's worth before doing anything else. He is only raising 3 and has no stock on the ground yet which is why I think his owner is looking at my mare for some purebred foals. 
I'll play about with the above and you're right, if he shies at having a contract he can dream on. Plus, I'm not too keen risking my mare. She's had two foals before I got her but she's just too amazing (to me anyway) for me to justify the risk right now


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## Dreamcatcher Arabians (Nov 14, 2010)

EquineBovine said:


> Plus, I'm not too keen risking my mare. She's had two foals before I got her but she's just too amazing (to me anyway) for me to justify the risk right now


That's the thing most of the stallion owners don't really think about when they make these proposals. It's all well and good that you'll get a foal out of the deal, but what if something goes wrong on the first foal? Who pays the vet bills, who keeps that foal, does he pay to replace your mare if needed? He needs to carry full insurance on your mare with you as co-insured, if you go ahead with this. But since you are really not keen on risking your mare, I'd lean more toward just telling him, "No, not right now, I have plans with this mare.".


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## EquineBovine (Sep 6, 2012)

Dreamcatcher Arabians said:


> That's the thing most of the stallion owners don't really think about when they make these proposals. It's all well and good that you'll get a foal out of the deal, but what if something goes wrong on the first foal? Who pays the vet bills, who keeps that foal, does he pay to replace your mare if needed? He needs to carry full insurance on your mare with you as co-insured, if you go ahead with this. But since you are really not keen on risking your mare, I'd lean more toward just telling him, "No, not right now, I have plans with this mare.".


Thanks  I kinda feel bad because I would love a registered foal but at the same time I don't need another horse right now and I'm having too much fun with her :runninghorse2:


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## Dreamcatcher Arabians (Nov 14, 2010)

EquineBovine said:


> Thanks  I kinda feel bad because I would love a registered foal but at the same time I don't need another horse right now and I'm having too much fun with her :runninghorse2:


I wouldn't feel bad at all. If the stallion is any good, he'll be able to find plenty of mare owners who are willing to do the foal for a foal thing.


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## EquineBovine (Sep 6, 2012)

Not a lot of Clydesdales around here! That's why he jumped on me when I said I had a pure bred mare haha 
Still, it's going to have to be a pretty special stallion to make me give up my riding buddy


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## EquineBovine (Sep 6, 2012)

*What do you think? Basic write up that I did. Think it covers everything???? What do you think? I want to have it handy just in case *
*Foal for foal agreement*​*1. Parties. 
*This agreement is enteredinto this _____ day of ___________________________ (Month, Year) by; 

*Name:* *(“MareOwner”)*


*Address:* *Contact number: *

and

*Name: **(“Stud Owner”)*


*Address: Contactnumber: *

*2. Horses. 
*Both parties desire a foal each from -
*Mare: _____________________________________________*
*Registration number/brand:* ____________________________
*Colour/ markings: _____________________________________________________________________*
*__________________________________________________________________________________________________________________________________________________________________________*
*DOB*: _________________________

and

*Stallion: _______________________________________________*
*Registration number/brand:* ____________________________________
*Colour/ markings: *_____________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________
*DOB*: ______________________________


*3. Ownership*

Firstpregnancy shall belong to ______________________________________
Secondpregnancy shall belong to _____________________________________
Thestud owner will have the option to buy the mare owner’s foal at a price statedby Mare owner.
 
*4. Breeding*

Mareowner shall present mare for service during mare’s heat. Stud owner willservice mare in hand to ensure breeding. 
Themare will be scanned at 12 days to check for twins and 21 days to confirmpregnancy at the expense of the owner of that pregnancy. 
 
*5. Pregnancies/foaling.*

Eachowner shall be financially responsible for the care of their foal and the marewhilst she pregnant and nursing their foal.
Therefore,each party will bear the responsibility of vet bills for their respective foalsand the mare whilst she is pregnant, foaling and raising their foal.

Therefore any damage caused to the mare duringpregnancy/foaling/nursing shall be covered by the owner of the foal at foot asper section 3.

Themare shall remain in the care of mare owner during each pregnancy, birth andnursing until weaning. 
Ifthe 1st foal dies within 24 hours, the 2nd foal will notreplace it. If the mare is well a 3rd pregnancy may be attempted inorder to replace the 1st foal, however if the mare is not deemedsuitable or the mare owner is unwilling to put her mare back in foal, the studfee shall be paid in full. 
Thefoal shall be weaned at 6 months. It is the responsibility of the foal owner topick up the foal once weaned.
Inthe event the mare dies due to the effort of foaling a free cover of anothermare will be offered by stud owner.
 
*Mare owner 
*Signed:________________________ Date: ____________
Name: __________________________ 
(printed) 

*Stud owner
*Signed: _______________________ Date: ____________
Name: ________________________
(printed)


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## Dehda01 (Jul 25, 2013)

1) What happens if a foal dies... Does the contract get extended a year? Does money pass between the leaser/leasee?
2) what happens if the mare or stallion dies ( this happened to me) I leased a mare for a foal for foal for my stallion. My stallion died for the second for that was supposed to go back to the mare owner. I had written the contract that I had to "buy" the first foal because she didn't get her foal. Which made everyone happy-ish. 
3)I would strongly recommend major/medical insurance on your mare.


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## EquineBovine (Sep 6, 2012)

Thanks so much for the input. I didnt even think of that!


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