The breeding contract

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...
  • 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 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.
Understanding the Breeding Process - Breeding Education