Desert Arabian Reproduction and Research Effort (DARE)
Letter of Agreement
CONTEXT AND RATIONALE
Working in cooperation with the Institute for the Desert Arabian Horse, DARE has an inventory of purebred Arabian horses recognized as “Desert Arabians” by pedigree and contributed by donors in accordance with established policies of the Institute for the Desert Arabian Horse. DARE wishes to place these horses with qualified breeders for educational breeding research within the limits of the Desert Arabian herd.
The Breeder identified below desires to work closely with DARE to implement breeding and research pursuant to the terms and conditions hereinafter set forth.
DARE will compile data from the results of the breeding and research program developed with the Breeder. It will endeavor to publish the results in appropriate publications and/or to make the results available to interested individuals, scholars, historians and researchers.
In consideration of the foregoing intents, DARE and the Breeder enter into the following agreement:
The following agreement is entered upon by:
DESERT ARABIAN REPRODUCTION AND RESEARCH EFFORT (hereinafter referred to as DARE) and
___________________________________ , hereinafter referred to as “Breeder”.
Name of Breeder
ACCEPTANCE /IDENTIFICATION OF HORSES
The Breeder agrees to accept from DARE and DARE agrees to entrust to the Breeder the horse(s) identified below. DARE warrants that it has received this/these horse(s) as a donation, is now the registered owner of this/these horse(s), and has the full and legal right to utilize this/these horses for its tax-exempt purposes.
RESEARCH BREEDING PROGRAM
The Breeder acknowledges that because DARE is engaged in educational breeding research, s/he will follow breeding program arrangements as negotiated with DARE, and will comply with all reporting requirements as set forth by DARE from time to time, the current details of which are described in Exhibit A, attached. The parties affirm that the research of DARE is congruent with the breeding program of the Breeder and that such shared purpose and intent provides a foundation for the current agreement. DARE reserves the right and privilege of recommending to the Breeder horses of particular individual merit and/or genetic importance for inclusion in the Breeder’s plan for breeding with any of the aforementioned horses.
TERMS OF ENGAGEMENT
The Breeder agrees to utilize and care for this/these horse(s) and offspring during the term of this Agreement subject to the following terms:
- Horse(s) are received by the Breeder in an “AS IS, WHERE IS” condition, subject to such examinations as the Breeder may at his/her own expense prefer. No assurances are made as to the future health, reproductive capability, or performance of the mare and no further representations, express or implied, except that DARE represents that it has good and clear title to said horses free and clear of any liens or encumbrances of any nature whatsoever.
- The Breeder understands and acknowledges that the horse(s) shall be used for the purpose of BREEDING only, and excluding riding, racing or showing.
- The Breeder assumes responsibility for maintenance costs of the horse(s), including but not limited to boarding costs, veterinary care (including emergency veterinary care, if necessary), farrier care, breeding expenses, and blood typing expenses of the horses (and in the case of mares, of resulting offspring), whether owned by the Breeder or DARE, during the term of this Agreement effective immediately upon signing of the Agreement.
- The Breeder assumes responsibility for all transportation costs of the horse(s) and offspring belonging to DARE to and from the Breeder’s stable or farm location, and is responsible for returning the horse(s) to DARE at a designated location at the end of the term of this Agreement. Transportation shall be subject to relevant state/provincial rules regarding the transfer of horses.
- The term of placement of the horse(s) will be: _______________________.
- The term of placement begins with the date on which this agreement is executed.
- The horse(s) will be stabled at the following location(s):
- Horse #1 _________________________________________________
Horse #2 _________________________________________________
Horse #3 _________________________________________________
_________________________________________________The breeder will notify DARE of any change in the stabling arrangements for any of the aforementioned horses.
- The Breeder will provide to DARE an annual report on forms provided by DARE, updating the health, condition and breeding status of the horse(s) and offspring, and will provide DARE with other such information as needed regarding the horse(s) as requested. (Description follows at the conclusion of this agreement. Annual reporting forms will be provided separately.)
- The risk of loss of a foal is borne by the Breeder.
- The horse is to be insured for mortality during the term of this agreement, naming DARE as loss-payee for the duration of this agreement at an amount determined by DARE.For the following horses, the insured amount shall be:
Name of horse Insured Amount (1) (2) (3)
- A copy of the insurance policy for each horse is to be filed with DARE upon execution of this Agreement.
- In the event of the death of a horse during the term of this agreement, due to the gross negligence, or reckless or intentional misconduct of the Breeder, the Breeder agrees to replace the lost horse to DARE with a horse of similar quality, pedigree and conformation, subject to the mutual approval of both parties. If the parties are unable to agree on a substitute horse, the Breeder will pay DARE the fair-market value of the deceased horse.
Upon the satisfactory completion of the term of this agreement, DARE will give the Breeder opportunity to purchase the horse(s) identified above. A fair-market purchase price for each horse shall be negotiated by DARE with the Breeder in advance of the close of this agreement. With full payment of the agreed amount, registration papers will be assigned to the Breeder.
In a very limited number of cases, DARE may consider an extension of the terms of this agreement as a limited-term paid lease. Details of such an arrangement are negotiated between the Breeder and DARE in writing and shall be appended to this agreement.
SPECIAL CONDITIONS: STALLION SERVICE
In order to make maximum significant use of stallions of individual merit and/or genetic importance in particular breeding programs: If a stallion is placed with the Breeder, DARE holds the privilege and option of recommending such stallion for a mare similarly placed with another breeder. Such a recommendation would then be honored by the Breeder (holding the stallion) at no cost, excepting those associated with collection, related veterinary expenses, AI shipment or board. Permits for Transported Semen as required by the Arabian Horse Association are the responsibility of the Breeder holding a mare. No more than one recommendation would be made by DARE in the course of a single breeding season without the express agreement of the Breeder in writing
The Breeder represents that s/he carries a Third-Party Liability policy, covering liability resulting from the action of any horse covered by this Agreement.
The Breeder shall not assign the rights s/he has under this Agreement or any interest therein without the prior written consent of DARE.
In the event that any suit or action may be brought or instituted by the parties thereto for any purpose under connection with this Agreement, the prevailing parties shall be entitled to receive from the losing parties all costs of the suit, including reasonable attorney’s fees.
Neither party may amend, supplement or waive any provision of the Agreement other than by means of a written Amendment signed by both parties.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Kentucky. The Marion County Circuit Court shall have exclusive jurisdiction over any dispute between the parties to this Agreement, and both parties hereto irrevocably consent to that court having jurisdiction over them and any subject related to this Agreement. This Agreement shall be binding upon the parties hereto, their successors and assigns, but the Breeder may not assign this Agreement without the prior written consent of DARE.
This constitutes the entire Agreement by and between DARE and the Breeder.
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be made and entered into this _____day of _____,
FOR THE INSTITUTE FOR THE DESERT ARABIAN HORSE:
You have been entrusted with the care, custody and control of a very important horse or horses, which, in turn, offers a very special opportunity to study a select group of horses. Your thoughtful attention to record-keeping and data-collection will assure the success of this effort.
DARE asks that you submit reports on each horse in your possession on or before December 31 annually.
Information requested is of two sorts:
- Personal Observations of the horse, its condition, demeanor, disposition
- Health Care and Maintenance, including vaccinations, farrier and veterinary services including dates.
- Special Conditions, injuries, colics, illnesses.
- For Mares – Annual Mare History
- Breeding Information, cycles, covers, behavior, veterinary assessments, comments and recommendations, etc.
- Foaling Information, progress through gestation, general condition through foaling (waxing, dripping, breaking water, length of labor, foaling time and date), condition of the foal.
- For Stallions – Annual Stallion Review
- Service History, lists of mares covered, including pedigrees and dates of service, results, and mode of service – pasture, in-hand, transported semen (cooled or frozen)
- Reproductive Assessment, annual semen evaluation if done, including results, veterinary comments and recommendations.
Forms are provided to assist in the record-keeping and data-collection. Feel free to add information that you feel might be of importance to the longer term research goals of DARE.