Frozen Semen Storage Agreement Form - Rogue Equine & Companion Animal Clinic

Todays Date*

Owner Information

Owner Name*

First Last

Owner Mailing Address (if different, otherwise leave blank)*

Street Address Address Line 2 City State ZIP Code

Owner Mobile Phone Number*

Owner Email*

Frozen Semen Information

Registered Name*

Stallion Name

Breed (please fill in)*

Breed Registry

Registration Number (if known)

Number of doses to be received and stored?*

Number of Straws (if known)

Mare for which the semen is intended for?

Mare

Semen handling and agreement for storage*

I understand and agree that Rogue Equine Hospital Inc., its principals and employees will be held harmless in regards to actual status of the above referenced frozen semen. The semen will be received and immediately transferred "AS IS" and without warranty to a secure holding tank and maintained under standard conditions until instructed otherwise. I understand insurance against loss is significantly limited and I am strongly encouraged to seek separate stand-alone insurance against a potential loss. I also understand that there is a fee for transfer from shipping to storage tanks, and storage fees will be incurred for the previous period. By ticking this box and signing below, I indicate that I am the rightful owner of the above referenced frozen semen and have full authority to execute this agreement.

Payment Terms*

Fees are due for services provided regardless of the results of those services. Rogue Equine Hospital reserves the right to revise the fee schedule at the beginning of each breeding season, and at any time upon notice from Rogue Equine Hospital to the Owner for any frozen semen requiring special management. Frozen semen storage is billed on a quarterly basis . You will be billed for the number of straws that are in inventory on the first day of the quarter. Any increase in the number of straws in storage during the quarter will not be billed until the first day of the following quarter. Invoices are due upon receipt. Any balance not paid within 30 days of the date of invoice will accrue a finance charge of 2% per month.

Waiver of Warranties*

Owner realizes that regardless of initial test results, there are many other factors that can affect a horses fertility at any given time, many out of the control of either Rogue Equine Hospital or the Owner, and that there is no guarantee that semen that meets or exceeds SBS post-thaw quality standards will produce any particular conception rates. Rogue Equine Hospital makes no guarantee or warranty as to the fertilizing capacity of any semen tested, stored or distributed under this agreement. Owner hereby waives any warranties with regard to quantity, quality, or viability of semen, including both express warranties and those implied by law, and specifically waives any warranties with regard to merchantability of the semen collected, processed and stored by Rogue Equine Hospital, or fitness of products produced at Rogue Equine Hospital for either the owner's or the owner's customers' particular purposes.

Assumption of Risk and Waiver of Claims*

Owner acknowledges that Rogue Equine Hospital's insurance does not cover Owner's property interests in the semen stored pursuant to this Agreement and Owner assumes all risk of loss, damage, or injury in connection with services provided by Rogue Equine Hospital and with the presence of Owner's property at Rogue Equine Hospital. Owner acknowledges that Owner bears the sole responsibility to insure or to self insure against damage or loss to Owner's interests, including damage, destruction or loss of Owner's semen stored at Rogue Equine Hospital not solely caused by the recklessness or willful behavior of Rogue Equine Hospital. Owner assumes the risk of selling and shipping semen to third parties, including the inherent risks of infection of mares inseminated. Owner hereby waives all claims against Rogue Equine Hospital, its owners, officers, employees and other agents (the "Released Parties") for any loss or damage suffered either by Owner or by third party mare owners, or any others with claims to or regarding any Horse and/ or semen, and agrees to indemnify and hold the Released Parties harmless against any claims or damages, including but not limited to attorney's fees and the costs of defense against any such claims or damages. Owner agrees and acknowledges that Rogue Equine Hospital shall not be liable for any interruption or any loss of business, incidental or consequential damages (including strict liability in tort) whether or not resulting from any action of Rogue Equine Hospital hereunder.

Terms:*

This agreement shall be in force and effect for the duration of time there is semen belonging to Owner stored at Rogue Equine Hospital, and continuing until all amounts due hereunder are paid in full, unless or until it is terminated or modified in writing by the mutual consent of the parties. Should Owner transfer any interest in any Horse during any period for which stored semen from the Horse is at Rogue Equine Hospital, and continuing until all amounts due hereunder are paid in full, unless or until it is terminated or modified in writing by the mutual consent of the parties. Should Owner transfer any interest in any Horse during any period for which stored semen from the Horse is at Rogue Equine Hospital, Owner will immediately notify Rogue Equine Hospital of the transfer, and no further services will be provided by Rogue Equine Hospital until any new owner or owners have executed a new agreement with Rogue Equine Hospital, and until Owner has provided to Rogue Equine Hospital a frozen semen transfer form. Transfer of ownership of the Horse and/ or the frozen semen at Rogue Equine Hospital not withstanding, the Owner shall remain obligated to pay for all services provided, including storage of the semen beyond the date of transfer of title, until any new owner enters into an agreement with Rogue Equine Hospital.

Signature*

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