Highly Experienced In Show Animal Matters

Drafting proper horse breeding contracts

Animals are big business. People in Florida who breed or race horses understand this better than most. Horse breeding contracts require a great deal of thought and attention to detail in order to protect the parties and the horses involved.

In addition to all of the normal contract provisions regarding choice of law, identification of the parties (the owners of the mare and stallion) and the like, contracts governing horse breeding include topic-specific provisions such as the fee for breeding and the care the mare will need during pregnancy and birth. The method of insemination must also be outlined. If the insemination will not be through "natural" means, the expenses connected to the retrieval, storage and transportation of the stallion's semen, along with the cost of the insemination process, need to be addressed.

Most contracts also need to include a "live foal" guarantee. After all, that is the point of breeding. When the breeding will take place, how many mares are involved and the health of the stallion and the mares should also be addressed. Issues such as the circumstances under which the mare owner is entitled to a refund and the ability of the stallion owner to put a lien on the mare and/or the foal for non-payment should be included.

These are only some of the issues that horse breeding contracts need to address. Florida horse owners should take whatever steps are necessary to ensure that their rights are protected before they begin the breeding process and not rely on "cookie cutter" contracts that often fail to cover details specific to their breeding experience. In order to ensure that a contract includes all of the relevant provisions, it would be beneficial to involve an attorney who understands not only contract law, but also the particulars of breeding horses.

Source: aqha.com, "Breeding Contracts", Accessed on March 20, 2017

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