DAMROCK FARM, LLC
2017 MARE CARE and FOALING SERVICES CONTRACT
WITNESS THIS AGREEMENT this _____ day of ________, 2017, between Damrock Farm, LLC
hereinafter referred to as "Farm," and ______________________________________________,
hereinafter referred to as "Mare Owner."
WHEREAS, Mare Owner is the owner or lessee of a certain mare(s) specifically identified on attached
Mare Information Sheet(s)
WHEREAS, Mare Owner wishes to have said mare(s) boarded and foaled out by Farm.
IT IS NOW THEREFORE AGREED between the parties as follows:
(A) Mare Owner agrees to pay a non-refundable foaling fee of $350.00 for foaling services within 30
days of foaling. This fee is applicable to each and every mare foaled out at Farm. This fee is waived if
the mare is a permanent resident at Farm and has been on site for at least 180 days prior to foaling
and mare owner is current on board payments for the specified mare. This payment includes any
equipment used during a normal foaling. Should an emergency arise, special services will be rendered
to save the mare and/or foal’s life unless specified otherwise by Mare Owner as indicated on Mare
Information Sheet. Veterinarian services are not included in the foaling fee and will be billed directly
through the Mare Owner's veterinarian, as indicated on Damrock Farm Owner Information Sheet, or
any other veterinarian if needed, for emergency services.
(B) For the foaling service fee of $350.00 Farm hereby agrees to foal out the above described mare
belonging to Mare Owner. This fee applies in addition to regular rate for daily mare care.
(C) Farm shall have a lien against the mare and any foal at side until such time as any and all charges
are paid in full; said lien shall survive any transfer of possession. No animal may be removed from
premises until such time as all charges and fees are paid in full. Mare Owner agrees to pay all
charges and fees when due and should Mare Owner fail to do so, Farm shall be entitled to recover
costs, expenses and attorney's fees expended in collection. In the event collection of Owner's account
is placed in the hands of an attorney, Owner agrees a minimum fee of $250.00 shall be assessed as
Mare Care and Board:
Board and feed shall be covered by our dry mare board rate of $22/day until foal is born when an
additional $5/day will be added for foal board. Mare board rate is reduced to $20/day if more than
one mare from same owner or agent is boarded at Farm in the same calendar year. Foal board
remains at $5/day. Mare care is due on the first day of the month preceding board until foal is born
and due upon arrival if mare arrives after the first of the month at the prorated amount from that date
until the end of the month. Foal board is prorated to the end of the month in which the foal is born and
will be added to the next month's board bill. Thereafter, foal board is also due on the first day of the
month preceding board (i.e board for 31 days in May is due May 1st). Mare Owner states that he/she
has inspected the premises of the facility and is satisfied with their condition, upkeep and safety. Mare
Owner agrees that the standard of care to be imposed upon Farm is that of ordinary care of a prudent
horse owner and not that of a compensated Bailee.
Mare Owner agrees to furnish a negative Coggins Test prior to mare's arrival at the farm. All mares
shall be accompanied upon arrival by a health certificate indicating a current vaccination for rabies,
equine influenza, rhinopneuminitis, strangles, tetanus, encephalitis, and Potomac Horse Fever. Mares
not accompanied by health certificate will not be allowed to offload at the Farm. Mare Owner
understands and agrees that upon arrival at the Farm, the mare may be examined by a licensed
veterinarian selected by Farm at Mare Owner's expense.
Mare Owner authorizes Farm, to engage performance of such other veterinary services, as Farm may
deem necessary for the proper treatment, care and protection of the mare and/or foal at side. This is to
be done at the Mare Owner's expense and will be billed directly to the Mare Owner. Whenever
possible, Mare Owner's veterinarian of choice, as indicated on Owner Information Sheet, will be
utilized to perform needed veterinary services.
In the event of life threatening illness or injury of the mare ad/or foal, all means available will be utilized
to save said mare and/or foal unless otherwise instructed by Mare Owner, including surgery if
recommended by the veterinarian. Mare Owner shall pay any and all costs in connection therewith.
Mare owner will try to be contacted via phone prior to any high expense treatments.
Farm shall not be liable for any sickness, disease, estray, theft, death, or injury which may be suffered
by the mare and/or foal at side, or any other cause of action whatsoever arising out of or connected in
any way with the foaling out or boarding of the mare and/or foal. This includes, but is not limited to, any
personal injury or disability which the Mare Owner or Owners may receive while on the premises of the
breeding facility. Mare Owner fully understands that Farm does not carry on outside horses in its
possession, custody or control for breeding and boarding, any public liability, accidental injury, theft or
equine mortality insurance, and that all risks connected with the breeding and boarding of the mare or
mares and/or foals are to be born by the Mare Owner or Owners. Farm strongly recommends equine
mortality insurance be obtained applicable to the subject horse(s) by Owner. If insurance is obtained
on subject horses, Mare Owner agrees to disclose this entire agreement to insurance company and to
provide the Farm with the ompany's name, address and policy number. Failure to disclose information
shall be at Mare Owner's risk. The standard of care applicable to Farm is that of ordinary care of a
prudent horse owner and not as a compensated Bailee.
In no event shall Farm be held liable to Mare Owner for equine death or injury in any amount.
Mares that are not halter broken will not be accepted.
Owner agrees to submit a completed Mare Information Sheet upon mare's arrival at the Farm.
Inherent Risks and Assumption of Risk:
The undersigned acknowledges there are inherent risks associated with equine activities such as
described below and hereby expressly assumes all risks associated with participating in such
activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways
such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may
result in an injury, harm or death to persons on or around them; the unpredictability of equine's reaction
to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain
hazards such as surface and subsurface conditions; collisions with other animals or vehicles; the
limited availability of emergency medical care; and the potential of a participant to act in a negligent
manner that may contribute to injury to the participant or others, such as failing to maintain control over
the animal or not acting within such participant's ability.
This contract represents the entire agreement between the parties. No other agreements, promises or
representations, verbal or implied, are included herein unless specifically stated in this written
agreement. This contract is made and entered into in the State of New York, and shall be enforced and
interpreted in accordance with the laws of said State. In the event one or more parts of this contract are
found to be unenforceable or illegal, all other portions hereof shall be deemed in full force and effect.
Each party should separately initial additional agreements. If none, check here ____.
Mare Owner/Agent ___________________________________________ Date _____________
Damrock Farm, LLC _________________________________________ Date ______________