The breeding contract

There are a few points that any breeding contract should contain.
  • terms of the Live Foal Guarantee, if any
  • Liability Protection for both parties
  • Specific treatment of the mare
  • dates
  • breeding frequency
  • possible extra charges
Live Foal Guarantee:  Most breeders offer this but not all. Check with any potential breeder. This is something we highly recommend having in place with any stallion you are considering. 

Don't let the name of this clause fool you - there is, of course, no way anyone can guarantee a mare will successfully get pregnant, much less cary a foal to term and produce a live, healthy baby. What this clause does is promise the mare owner that if the mare doesn't get pregnant, or if she does get pregnant but doesn't carry to term and produce a live, healthy baby, she can return to be bred again, without paying an additional stud fee. (Note that the mare owner WILL pay any other additional fees such as mare care or vet bills incurred during additional breedings.) There are a few aspects of this guarantee which may differ from farm to farm. These should be clearly spelled out in the contract. They are...
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  • How many times can a mare return to be bred? - Most farms don't put a limit on this. The mare can return as often as it takes, as long as the mare owner wishes to proceed.
  • Can another mare be substituted? - If a specific mare is bred multiple times and still does not get pregnant, the mare owner may choose not to continue trying. In this case, the stud fee IS NOT refunded, but some farms will allow you to substitute another mare for the original mare with no additional stud fee. All the same terms of the original contract apply to the substituted mare just as they would have to the original mare. Some farms will even allow you to sell your breeding to a third party if breeding your mare is not successful and you don't have another mare you wish to breed. However, this is rare and should be clearly spelled out in the contract. If it is not specifically stated, you should assume it is not allowed. 
  • What does "live foal" mean? - The contract should clearly state the definition of a "live foal." Does it count if the foal is born alive but dies within 5 minutes? Within one hour? Within 24 hours? A typical amount of time in such a contract is "long enough to stand and suck." Thus, if the foal lives long enough to 1) stand up and 2) start to nurse, the guarantee has been met and nothing else is owed.
  • What happens if the stallion is not available? - Most Live Foal Guarantees are dependent upon the stallion still being offered for public breeding by the farm. If something changes with the availability of the stallion (he dies, is gelded, is shipped off to the show circuit for a year and not available for breeding, etc) it is customary for any outstanding Live Foal Guarantees to simply be null and void, with the mare owners just out of luck. However, some farms will specify that if they have another stallion available at that time or in the future, you can transfer your Live Foal Guarantee breeding to that stallion.
For more about the Live Foal Guarantee, click here.
Liability Protection - Any contract should have a standard clause waving the mare owner's liability for any injury caused by their mare. This is especially important, since it is not uncommon for a mare to injure a stallion during breeding. Typically, most contracts also have a clause waving any liability if your mare is injured or killed while on the premises. This is important for the survival of any breeding business, because, as anyone who owns horses knows, horses can get hurt and it is often no-one's fault when they do. Obviously, such clauses do not protect either party if there was negligence involved, but such a thing would have to be proven in a court of law.
Specific Treatment of the Mare - Its a good idea for a contract to specify the kind of care you can expect your mare to get while at the breeding farm. What kind of housing situation will she be in? What will she be fed? How often will her stall (if she has one) be cleaned? If she has a foal by her side, will that foal be handled while at the breeding farm?
Dates - A contract should state the dates the mare is expected to arrive at the breeding facility and whether she will be remaining there until confirmed pregnant or just until breeding is finished. It is generally understood that these dates are flexible, as much depends upon the timing of the mare's heat cycle, and this doesn't always go as predicted, but specifying the dates in the contract allows the mare owner to be sure there will be a place for their mare at the breeding facility during the time they want their mare bred. 
Breeding Frequency - It is generally accepted that breeding a mare every other day from the time she is receptive until she goes out of heat is ideal for getting her pregnant (sperm stays alive 48-72 hours inside the mare, so breeding every day is not necessary). Some farms breed more frequently, but it should be stated that your mare will be bred at lest every 48 hours during the appropriate window.
Other Charges - Its important to note that there are charges involved in breeding other than the stud fee, and that some of these wont be known until the mare is ready to leave the breeding facility. Most contracts will specify that these charges, whatever they are, are the responsiblity of the mare owner upon pickup of the mare. The contract should summarize the expected charges - those which can be predicted ahead of time (such as mare care and any vet visits you agree upon ahead of time). If you want to be sure you can stay on top of additional expenses, it is a good idea to make sure that there is a clause in the contract stating that the breeding facility will call you for permission if anything out of the ordinary comes up. This may include any extra vet visits, not specified under the expected fees.
Expected charges may include...
  • mare care - a daily fee for care and feed of your mare while she is at the breeding facility, typically around $10/day in our area.
  • extra costs for giving medical care, medication or supplements, agreed upon ahead of time and specified in the contract
  • extra costs for any unusual handling you want done for the mare or any foal with her at the facility (again, these are agreed upon ahead of time and should be specified in the contract)
  • vet costs - charges for any ultrasounds, pregnancy checks or other vet checks you agree ahead of time that the mare will have while at the breeding facility

Unexpected charges may include...
  • additional vet costs - if the mare is not presenting with a normal cycle within the expected amount of time, the breeding facility may suggest that they have a vet examine your mare to find out what is going on
  • injuries - any expense for treatment of injuries are the responsiblity of the mare owner, even if the injury happen while the mare was at the breeding farm or as a result of breeding

To see a list of typical costs for these services near Missoula, Montana in 2019 click here.