Live Foal Guarantees –They’re Not Unconditional
The AI process has also increased the complexity of foal guarantees. Many stallion owners offer a “live foal guarantee,” but what does that really mean?
What is “Stands and Nurses?”
Most live foal guarantees define a “live foal” as one that stands and nurses. However, some contracts specify that the foal must stand and nurse within a certain period after birth, ranging from 24 to 48 hours, and other contracts do not specify a time period at all. This means that if your mare’s foal stands and nurses after birth, but then dies less than a day later, you may not be entitled to a rebreeding or refund under the breeding contract’s live foal guarantee.
Time Limits
If your mare does not become pregnant during one year’s “breeding season” (which the breeding contract typically defines as a set period of time), most breeding contracts provide that you will have the right to rebreed the mare to this stallion the following year. However, that also means that if your mare does not become pregnant within two breeding seasons, you no longer have the right to rebreed that mare to that stallion, and you forfeit all fees paid to the stallion owner. Breeding contracts also typically require the mare owner to make the mare available for settling during the entire breeding season, so if after two inseminations, you decide to give up trying to breed your mare for that season, you may not have the right to rebreed your mare during the next breeding season. If you rebreed your mare during the second breeding season and she becomes pregnant, the live foal guarantee often does not apply, so be sure to review your contract carefully.
The Importance of Following the Rules
As a condition of the live foal guarantee, most breeding contracts require veterinary certificates at various stages during the pregnancy. For example, breeding contracts typically require the mare owner to submit the results of an initial pregnancy check as well as a pregnancy check at 45 days’ gestation. In addition, a veterinarian must certify that the mare has aborted or that the foal died before standing and nursing. These certificates are often required to be submitted within specified periods of time. Finally, breeding contracts may specify that the mare owner must administer certain vaccinations to the mare at various stages of her pregnancy, such as Pneumobort K and Rhinopneumonitis. If the mare owner does not provide adequate evidence that the vaccinations were administered, the stallion owner may refuse to honor the live foal guarantee.
Non-transferability
What if your mare does not conceive during the first breeding season? What if she dies before she becomes pregnant? Can you apply the contract to another mare or transfer the contract to a friend? Typically, the breeding contract specifies that the contract cannot be transferred to another person or mare without the consent of the stallion owner, even if the mare is sold to another owner.
Refund Limitations
As an alternative to rebreeding, the breeding contract may specify that the mare owner is entitled to a refund if the mare does not produce a live foal. However, this refund is usually limited to the stud fee, and if the booking fee was included in the stud fee, the refund does not usually include the booking fee. For example, if the stud fee is $1500 and that $1500 included an $800 booking fee, your refund would be only $700.
Stallion Limitations
Most breeding contracts specify that the live foal guarantee will only be honored as long as the stallion is alive and fit for service. If the stallion dies or becomes unfit for service, the mare owner may or may not be entitled to a refund, so check your contract for details. If the stallion stands at a facility that stands other stallions, the breeding contract may specify only that the mare owner has the right to breed to one of the other stallions standing at the facility. If the stallion is moved to another facility or sold to another owner after the first breeding season, the mare owner may be responsible for additional costs incurred in connection with a rebreeding to that stallion. For example, the stallion’s new location may charge higher collection and shipping fees.
Other Limitations
The live foal guarantee typically does not apply if you breed your mare to another stallion during the term of the breeding contract. For example, you breed your mare to stallion #1 during the 2004 breeding season and she does not take. You then decide to breed your mare to stallion #2 during the 2005 breeding season and she still does not take. Most breeding contracts will not require stallion owner #1 to offer you a refund or rebreeding. The live foal guarantee may not apply if you put your mare back into training for race or performance events after her pregnancy is confirmed.
What is “Stands and Nurses?”
Most live foal guarantees define a “live foal” as one that stands and nurses. However, some contracts specify that the foal must stand and nurse within a certain period after birth, ranging from 24 to 48 hours, and other contracts do not specify a time period at all. This means that if your mare’s foal stands and nurses after birth, but then dies less than a day later, you may not be entitled to a rebreeding or refund under the breeding contract’s live foal guarantee.
Time Limits
If your mare does not become pregnant during one year’s “breeding season” (which the breeding contract typically defines as a set period of time), most breeding contracts provide that you will have the right to rebreed the mare to this stallion the following year. However, that also means that if your mare does not become pregnant within two breeding seasons, you no longer have the right to rebreed that mare to that stallion, and you forfeit all fees paid to the stallion owner. Breeding contracts also typically require the mare owner to make the mare available for settling during the entire breeding season, so if after two inseminations, you decide to give up trying to breed your mare for that season, you may not have the right to rebreed your mare during the next breeding season. If you rebreed your mare during the second breeding season and she becomes pregnant, the live foal guarantee often does not apply, so be sure to review your contract carefully.
The Importance of Following the Rules
As a condition of the live foal guarantee, most breeding contracts require veterinary certificates at various stages during the pregnancy. For example, breeding contracts typically require the mare owner to submit the results of an initial pregnancy check as well as a pregnancy check at 45 days’ gestation. In addition, a veterinarian must certify that the mare has aborted or that the foal died before standing and nursing. These certificates are often required to be submitted within specified periods of time. Finally, breeding contracts may specify that the mare owner must administer certain vaccinations to the mare at various stages of her pregnancy, such as Pneumobort K and Rhinopneumonitis. If the mare owner does not provide adequate evidence that the vaccinations were administered, the stallion owner may refuse to honor the live foal guarantee.
Non-transferability
What if your mare does not conceive during the first breeding season? What if she dies before she becomes pregnant? Can you apply the contract to another mare or transfer the contract to a friend? Typically, the breeding contract specifies that the contract cannot be transferred to another person or mare without the consent of the stallion owner, even if the mare is sold to another owner.
Refund Limitations
As an alternative to rebreeding, the breeding contract may specify that the mare owner is entitled to a refund if the mare does not produce a live foal. However, this refund is usually limited to the stud fee, and if the booking fee was included in the stud fee, the refund does not usually include the booking fee. For example, if the stud fee is $1500 and that $1500 included an $800 booking fee, your refund would be only $700.
Stallion Limitations
Most breeding contracts specify that the live foal guarantee will only be honored as long as the stallion is alive and fit for service. If the stallion dies or becomes unfit for service, the mare owner may or may not be entitled to a refund, so check your contract for details. If the stallion stands at a facility that stands other stallions, the breeding contract may specify only that the mare owner has the right to breed to one of the other stallions standing at the facility. If the stallion is moved to another facility or sold to another owner after the first breeding season, the mare owner may be responsible for additional costs incurred in connection with a rebreeding to that stallion. For example, the stallion’s new location may charge higher collection and shipping fees.
Other Limitations
The live foal guarantee typically does not apply if you breed your mare to another stallion during the term of the breeding contract. For example, you breed your mare to stallion #1 during the 2004 breeding season and she does not take. You then decide to breed your mare to stallion #2 during the 2005 breeding season and she still does not take. Most breeding contracts will not require stallion owner #1 to offer you a refund or rebreeding. The live foal guarantee may not apply if you put your mare back into training for race or performance events after her pregnancy is confirmed.