This contract is made and entered into this _______day of __________________, 2010, by and among the undersigned Simons Show Horses, Agent (“Agent”) for Mazeratti Partnership, ("Stallion Owner") and ____________________________________,  Mare Owner or Lessee (“Mare Owner”). This contract sets forth all rights and responsibilities of the parties for the 2010 breeding season.

1. Breeding Privilege. Mare Owner agrees to breed the mare registered as ______________________________, AQHA Registration #_______________________________, (“Mare”), to the Stallion, MAZERATTI, AQHA #3896997, (“Stallion”), during the 2010 breeding season (commencing February 1, 2010 and ending June 30, 2010).

2. Booking and Stallion Service Fees. Upon signing, Mare Owner agrees to pay a non-refundable booking fee of $500.00 to reserve a breeding to Stallion for the 2010 breeding season. This booking fee may not be transferred to another mare owner or carried forward to a different breeding season. Mare Owner further agrees to pay the entire remaining Stallion Service Fee of $1,250.00 less discounts as approved on Schedule A prior to any shipment of semen or prior to delivery of the mare to the farm.

3. Mare Condition, Registration, and Ownership. Mare Owner warrants that the mare is healthy, in sound breeding condition and is registered with one or more recognized breed associations as indicated in paragraph 1 above and that Mare Owner is the current owner or lessee of record of Mare. A current copy of the mare’s registration papers and/or a fully executed lease agreement from the Mare’s breed association must be attached to this Agreement. Mare Owner further warrants registration papers and/or lease agreements for Mare are up-to-date and accurate and show Mare Owner to be current owner of Mare or Mare Owner will attach a fully executed lease agreement with the association shown above. A negative uterine culture or equine cytology with sensitivity test will be required for Maiden and/or barren mares.

4. Waiver of Liability. Both parties agree to diligently try to settle Mare. If Mare does not settle, Mare Owner will hold Stallion Owner harmless from any loss or damage. Neither Stallion Owner nor Breeding Farm are liable for any injury, sickness, disease, or death of Mare or her offspring arising from the exercise of the breeding privileges granted herein. Neither is Mare Owner liable for any injury, sickness, disease or death of Stallion arising from the exercise of the breeding privileges granted herein. Requisite insurance is the responsibility of the respective parties.

5. Live Foal Guarantee (“LFG”). Stallion Owner provides a limited guarantee that a single “Live Foal” will result from the breeding privilege granted herein. The term “Live Foal” means that a foal stands alone, nurses, and lives for twenty-four (24) hours. If a Live Foal does not result from the breeding, Mare Owner will be entitled to rebreed Mare to Stallion in the 2010-breeding season only. The LFG will become void if the following conditions are not met: a.) Mare Owner must notify Stallion Owner within forty-eight (48) hours of foaling that the mare did not produce a live foal; and b.) Within fourteen (14) days after Mare Owner’s notice to Stallion Owner, the Mare Owner
certifies to Stallion Owner that the birth was properly attended, and also provides proof of proper administration of Pneumabort-K® or Prodigy® vaccine in the 5th, 7th, and 9th months of gestation, and also produces a statement from a licensed veterinarian stating details explaining the failure of the mare to produce a live foal. Unless approved by Stallion Owner in writing, The LFG shall be void and Stallion Owner will be released from liability if Mare is sold prior to foaling. Contractual privity can only be extended by Stallion Owner in writing.

6. Color Foal Guarantee for APHA Mares: If the resulting foal is not eligible for regular paint registry, the mare may be rebred in the current season the solid foal was born only, provided a chute fee of $500 is paid.

7. There is a chute fee of $250 if your mare did not get infoal from the previous year's breeding.

8. Death or Sale of Stallion. If Stallion dies, is sold, or becomes incapable of servicing mares for any reason and Mare has not achieved a pregnancy in 2010, this Agreement will become null and the parties to this Agreement will be released from any further liability. The LFG provided herein become null and void upon death, sale or incapacity of Stallion, no refunds shall be given.

9. Death of Mare. If Mare dies or becomes unfit to breed prior to breeding, Mare Owner shall be required to breed a substitute Mare, owned by or leased to Mare Owner, to Stallion. No refunds shall be given.

10. Certificate and Substitutions. Stallion Owner will issue a breeding certificate upon notification of live birth of foal. All charges must be paid in full prior to issuance. Mare Owner shall not sell, gift, donate, or assign this breeding contract. Substitution of mares is forbidden without the express written consent of Stallion Owner. Attempts to assign or substitute without prior written consent of Stallion Owner will terminate this Agreement and release MAZERATTI 2010 BREEDING CONTRACT

Owned By:
Mazeratti Partnership
4727 NW 80th Ave. • Ocala, FL 34482
352.369.1104

PLEASE CONTACT MAZERATTI’S AGENT FOR ANY QUESTIONS:
Jana Simons • Phone: 940-365-9250 or 940-365-927
Standing At:
Simons Show Horses
9811 Friendship Rd. Pilot Point, TX 76258
940-365-9250 • 940-365-9320 Fax
Stallion Owner from its obligations. A breeding certificate shall be issued only for mare appearing on this Agreement.

11. Multiple Foals. Should more than one embryo or foal result from a breeding, Mare Owner must pay an additional Stallion Service fee for each additional embryo within ninety (90) days of the additional breeding(s) in order to receive a breeding certificate for additional foals.

12. Miscellaneous Provisions.
a.) The Mare will not be bred to the Stallion without a fully signed copy of this Agreement received and approved by Stallion Owner or Agent;
b.) Mares that fail to settle within said breeding season shall be carried over to the 2010 season only if Mare Owner has attempted to breed mare for at least three cycles or if less than three, as many cycles as were available to breed after the mare foaled and prior to the end of the season. If Mare is to be carried over, Mare
Owner agrees to pay for all 2010 expenses in full by July 31, 2010. Mare Owner further agrees to pay the 2010 booking fee in effect at that time and must do so before the 2010 book closes. At Stallion Owners sole discretion, Mare may be required to be brought to the breeding farm if mare has failed to settle after three breeding cycles.

13. WARRANTY. NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, SHALL ACCOMPANY A BREEDING TRANSFERRED BY THIS AGREEMENT. NO GUARANTEE OF DELIVERY OF SHIPPED SEMEN WITHIN A CERTAIN TIME PERIOD OR GUARANTEE THAT SHIPPED SEMEN WILL SAFELY REACH THE INSEMINATION POINT OR WILL BE THAWED WITHOUT LOSING SOME OF ITS INTEGRITY, QUALITY OR CHARACTERISTICS WILL BE GIVEN.

14. Entire Agreement. This Agreement constitutes the entire agreement between the parties.

15. Amendment. This Agreement cannot be amended except in writing and signed by both parties.

16. Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Florida and will inure to the benefit of the heirs, personal representatives, successors and permitted assigns of the parties. Mare Owner irrevocably and unconditionally submits to the personal and subject matter jurisdiction of Florida. All objections as to venue are waived. The prevailing party shall be entitled to all legal fees, costs and expenses should a dispute arise between the parties.

17. Proper Parties. The parties signing below represent that they are fully authorized to execute this Agreement.

18. Miscellaneous Provisions. a.) This Contract is not transferable or assignable by the Mare Owner. b.) This Contract contains the entire agreement between the parties. c.) This Contract is not valid or enforceable unless completed in full. When Mare Owner signs and returns the contract and booking fee to Breeder, Breeder will notify Mare Owner within 10 days of approval. Upon notification of such approval, this agreement will become binding upon both parties, subject to all of the terms and conditions contained herein.

19.  Orders for shipments are filled on a first come, first served basis. Orders must be placed by  5 pm central standard time the night before the necessary collection day. The mare owner is responsible for shipping charges for cancellations received after shipment has already been sent. Shipment orders cannot be guaranteed if they are placed via e-mail, you must call to confirm.

20. All payments may be made by Check, Visa, MasterCard or American Express and all funds must be US.  If paying by check leave Credit Card form blank.  There will be a 3% fee added for using a credit card.

Fees and Discounts For This Contract:
$1,750 Stallion Service Fee
$ 500 Chute Fee (included)
(____) $1350 AQHA or APHA World Champion. Must be approved. No other discounts.
(____) Past Breeders: $150 all past breeders. One per mare maximum. No other discounts.
(____) Multiple Mare Discount: $1500.00 for 2nd mare; $1250.00 for 3rd and subsequent mares.
No other discounts.
(____) Early Payment Discount: $150 off if payment in full received payment prior to 2/1/10 12:00 am
_________ Sub-Total
_________ Total Breeding Fee
_________ 3% Convenience Fee for Visa, MasterCard, American Express, Discover payment