Broodmare loan contracts?! HELP PLEASE!

[EquestrianFairy]

Not for me, but my friends mare is going out on loan as a broodmare... has anyone got a contract she can borrow?

Im guessing there must be some differences between that and a normal contract?

failing that, could someone help me out making one?

Thanks guys

 

[scotsmare]

Adjust the bhs one, but make sure there is a clause in it regarding ownership of the foal (just in case anything goes wrong....)

 

[Smash]

[ QUOTE ]
Adjust the bhs one, but make sure there is a clause in it regarding ownership of the foal (just in case anything goes wrong....)

[/ QUOTE ]

Also what happens if the contract is terminated (for whatever reason) whilst the mare is in foal.

 

[EquestrianFairy]

ok so they are an added two clauses...

The foal is the owners
and if the contract is terminated then what should she put?

 

[EquestrianFairy]

-any others?

 

[scotsmare]

You need to include a clause for in-utero (sp) ownership of the foal, we had one of these before and I'm sure that we added a clause stating that if contract was terminated whilst mare was in foal then the mare either had to live at a recognised stud until the foal was weaned or the owner had to reimburse all stud costs / keep costs (ie. the owner couldn't just p*ss off with the horse and sell it on in foal).

 

[EquestrianFairy]

how are these??

15.1) All foals born are subsequently the LOANERS.

15.2) If the HORSE dies during labour, providing adequate measures were followed (ie, vet called asap) then there is no blame placed on LOANER but OWNER is to be contacted asap and insurance paid by LOANER will cover disposal.

15.3) If mid-term the OWNER feels the HORSE is not adequately being looked after
(See section 2.22) and the LOANER does not rectify any reasonable issues, the OWNER then reserves the right to remove the HORSE and any unborn/un-suckling foal is considered to be the OWNER’S property.

 

[WhiteHorseWendy]

un-suckling or suckling? what about non-weaned foals?

 

[EquestrianFairy]

bum- yes suckling!! lol ill change that now..

anything else?

 

[WhiteHorseWendy]

Can you place a limit on the number of foals that may be bred? I wouldn't want my mare to be giving birth every year.

 

[EquestrianFairy]

i thought that was the whole point in a broodmare?

(im glad this isnt mine!! its not nice writing about disposal etc)

 

[WhiteHorseWendy]

i don't know much about breeding horses, but I know that breeding dogs every single time they come into season isn't a good thing. The body needs time to rejeuvanate a bit.

 

[scotsmare]

Many mares give birth for a few years in a row before a break. However, your friend would need to be careful about insurance cos not all policies will cover death due to foaling.

 

[EquestrianFairy]

(15) Brood Mare Clauses

15.1) All foals born are subsequently the BORROWER’S property and includes all foal registrations/vaccinations/fee’s to be the BORROWER’S responsibility, except if clauses 15.5 or 15.6 are in play to which it is then the OWNER’S responsibility.
15.2) BORROWER assumes all risk of injury to or loss of mare during loan, agrees to pay OWNER the HORSE’S market value if mare dies, is lost or stolen. (Should be covered by insurance)
15.3) BORROWER assumes all risk of injury to or loss of foal resulting from loan.
15.4) All breeding fee’s (if any) are to be paid by the BORROWER.
15.5) If mid-term (in foal) the OWNER feels the HORSE is not adequately being looked after (See section 2.22) and the BORROWER does not rectify any reasonable issues brought up by the OWNER, the OWNER then reserves the right to remove the HORSE and any unborn/suckling foal is considered to be the OWNER’S property.
15.6) If mid-term (in foal) the BORROWER decides to terminate the contract
(see section 2.1) then the HORSE is to be returned to the OWNER and any unborn/suckling foal is considered to be the OWNERS property.
15.7) If the BORROWER comes into any unforseen circumstances and needs to terminate the loan under certain problems (not with the HORSE) it is at the OWNER’S descretion whether the unborn foal/suckling foal is to be the BORROWER’S property when weaned.

hows this?

 

[scotsmare]

I think it's ok, but you still need a clause stating that if owner is a pain in the ass and removes the horse for no tangible reason, the foal is the borrowers or owner has to pay all costs incurred to date.

 

[EquestrianFairy]

i thought i had- it says that the owner reserves the right to remove the horse IF its not being cared for adequately, otherwise it doesnt state they own the foal.

 

[luckilotti]

[ QUOTE ]

15.2) If the HORSE dies during labour, providing adequate measures were followed (ie, vet called asap) then there is no blame placed on LOANER but OWNER is to be contacted asap and insurance paid by LOANER will cover disposal.


[/ QUOTE ]

i would personally cover the fact that breeding is risky full stop, rather than just say if the mare dies during the labour process. Also, does your friend want the mare disposed of in a certain manner sould something go wrong?
Also maybe cover feeding? making sure that she has the right foods to support her etc. i'd also cover regular farrier attention highlighting that the foal will put extra weight on her. Is your friend ok with the mare running with a stallion and risking a nasty kick?? maybe that could be included somehow?

I must say my friend was on about me using her mare for a few years to breed from after i lost my mare but i couldnt find any sample loan contracts etc for broodmare loans and i thought i would be very tricky if something went wrong as it was a good friends etc. In the end i bought a broodmare - both mine and my friends so far havent been confirmed in foal

i've not been in the breeding forum but i guess you may have posted in there as i am sure some of the regular members in that section will be able to help more.

 

[scotsmare]

Best put one in - otherwise there is a possibility that they will look for non existent reasons to remove the horse. It's a bit of a complex subject and if you're friend is loaning from someone they don't know it might be best in the long run to pay for a lawyer to draw the contract up, yes it could be a bit more expensive but if the mare / resulting foal are of high value then IMO it would be worth it in the long run.

 

[EquestrianFairy]

[ QUOTE ]
[ QUOTE ]

15.2) If the HORSE dies during labour, providing adequate measures were followed (ie, vet called asap) then there is no blame placed on LOANER but OWNER is to be contacted asap and insurance paid by LOANER will cover disposal.


[/ QUOTE ]

i would personally cover the fact that breeding is risky full stop, rather than just say if the mare dies during the labour process. Also, does your friend want the mare disposed of in a certain manner sould something go wrong?
Also maybe cover feeding? making sure that she has the right foods to support her etc. i'd also cover regular farrier attention highlighting that the foal will put extra weight on her. Is your friend ok with the mare running with a stallion and risking a nasty kick?? maybe that could be included somehow?

I must say my friend was on about me using her mare for a few years to breed from after i lost my mare but i couldnt find any sample loan contracts etc for broodmare loans and i thought i would be very tricky if something went wrong as it was a good friends etc. In the end i bought a broodmare - both mine and my friends so far havent been confirmed in foal

i've not been in the breeding forum but i guess you may have posted in there as i am sure some of the regular members in that section will be able to help more.

[/ QUOTE ]

Ive changed that one and added that its a risky thing, see new one just up a little..

feeding is in a different part of the contract so thats covered as is farriery attention.
I think my friend would like her to be disposed of as humanely as possible but it is covered by insurance.

 

[EquestrianFairy]

[ QUOTE ]
Best put one in - otherwise there is a possibility that they will look for non existent reasons to remove the horse. It's a bit of a complex subject and if you're friend is loaning from someone they don't know it might be best in the long run to pay for a lawyer to draw the contract up, yes it could be a bit more expensive but if the mare / resulting foal are of high value then IMO it would be worth it in the long run.

[/ QUOTE ]

Mare is not high value at all, just a nice setup (well put together and unridable due to injury) How would i word it?

please.

 

[immybrookstud]

if the owners removes the mare why should the unborn foal belong to them it should belong to the loaners.

anyone want to loan on of my broodmares and put her in foal, i'll have her back a month or two before she is due because of some silly reason, and pay you nothing thanks

 

[EquestrianFairy]

[ QUOTE ]
if the owners removes the mare why should the unborn foal belong to them it should belong to the loaners.

anyone want to loan on of my broodmares and put her in foal, i'll have her back a month or two before she is due because of some silly reason, and pay you nothing thanks

[/ QUOTE ]

IT STATES only if the horse is not being looked after adequately! try reading it before adding a sarcastic comment... perhaps i'll have your broodmare on loan, treat her like sh*t and then when you come to collect her i will stick the contract under your nose which shows you cannot have her.. or perhaos you can have her... nurse her back to health and STILL get the foal?!

can you see my point?

 

[immybrookstud]

I understand what you mean was showing you the other side.

its a hard one to hold down though, what i was trying to put over is people will try it on, being caught many times with loaning. Who is to say the horse isnt being lookied after. we all look after our animals differntly, and there are people out there who will take them back for a silly reason.

maybe it should state if the owner wishes to remove the horse and has a vet report, written that the mare is not being cared full in the corect manner, then the unborn foal belongs to the owner.