Live foal guarantee
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Live foal guarantee is a common provision in horse breeding contracts. It is a form of a warranty offered to the mare owner by the stallion owner. Basically, it says that if the mare fails to produce a live foal from the breeding, the stallion owner will breed the same mare again without charging another stud fee.
A live foal is commonly defined as one that stands & nurses from the mare unassisted.[1]
If the foal miscarries, is stillborn, or is unable to stand & nurse, it is not considered a live foal, and the mare owner is entitled to a re-breeding. If the foal does stand after birth and nurses from the mare, but dies the next day, it was still a live foal, and the mare owner is not entitled to a re-breeding. (But many stallion owners will offer a reduced stud fee in such cases, for goodwill reasons.)
Normally, this re-breeding must take place within the same breeding season, though some breeding contracts extend this to allow it during the next years' breeding season.
The guarantee applies only to the stud fee, which will not be charged for the re-breeding. But other incidental expenses, such as mare care & board, shipping costs for AI semen, etc. will have to be paid again by the mare owner.
Often, before re-breeding, the stallion owner will require a veterinary report, giving the cause for the problem. This is to ensure that the mare is healthy & able to carry a foal, and to check for genetic incompatibilities. (There are certain genetic crosses that are lethal to the foal.) There is no point to re-breeding in such cases, so the stallion owner will allow substitution of another mare, or will return the stud fee.
Sometimes the breeding contract will specify how many times the live foal guarantee may be used. If it doesn't, a 'reasonable number' is assumed. Typically, after 3 unsuccessful tries, the stallion owner will either require substitution of another mare, or will return the stud fee.
[edit] Note
These are typical provisions for a live foal guarantee; any of them may be modified in a specific breeding contract.
[edit] See also
[edit] References
- ^ Beason v. Ashford Stud, Kentucky Court of Appeals, Unpublished, 2004 WL 758341 (While this opinion related to payment for stallion services, it does cite the common industry definition of a live foal.)
