In-Utero Sale Agreement

This Agreement is between SHANGRILA FARM, Citra, Florida (hereinafter referred to as SELLER), and _______________________________ address  ______________________ (hereinafter referred to as BUYER) for the transfer of ownership of purebred Lusitano foal born of the breeding of said mare _________________, IALHA #_________ and by said stallion  __________________ (stallion name), IALHA #_________.

The transfer of ownership of this foal will be made in consideration of the sum of ___________________________($__________), which is to be paid in full by cash, cashier’s check, or direct wire transfer paid prior to the time the foal leaves the premises of Shangrila Farm.  Time is of the essence.  It is agreed that a non-refundable down payment of one-third or $__________ shall be due at the time of the signing of this Agreement, and one-third or ($___________) non-refundable payment shall be due thirty days before  the foaling date and the final $____________shall be due 30 days after the birth of the foal.  In the event that the second and/or third payments are not made in a timely fashion, this Agreement is null and void, and the BUYER forfeits any and all claims to the foal.   All monies are non-refundable.

All transport costs for the foal shall be the responsibility of the BUYER.  BUYER agrees to make arrangements for the foal to be transported from Shangrila Farm, Citra, Florida, on or before the date the foal turns eight months old.  If the foal remains at SELLER’S property after the foal turns eight months old, BUYER shall owe board to SELLER at the rate of $300.00 (Three Hundred Dollars) per month.  In the event that BUYER does not move the foal upon the foal reaching one-year of age, (without express permission by the SELLER), the boarding/handling fee shall be $600.00 (Six Hundred Dollars) per month.

SELLER agrees to provide full and reasonable care until such time as the foal leaves the premises and to provide a current negative Coggins test and Health Certificate as required by the State of Florida.

As soon as BUYER has paid in full for the foal, SELLER agrees to relinquish all rights of ownership and to provide a bill of sale and any paperwork necessary for the foal to be registered with the IALHA to the BUYER.  SELLER shall be responsible for the costs of the foal to be registered with the IALHA, including the cost of registration, microchip and DNA analysis.

SELLER agrees that should the mare______________________fail to have a live foal in 200  , SELLER shall allow BUYER to apply all payments toward another of SELLER’S horses for sale; or SELLER will refund all deposits made.  The term “live foal” means a foal, which stands or nurses.  In no event, however, shall SELLER have any further obligations to BUYER under this Agreement.

BUYER agrees to set up an account with Equine Medical Center of Ocala and to be responsible for any medical treatment for the foal.  BUYER agrees to be responsible for the theft or accidental death of the animal while at SELLER’s farm and while in transit.  BUYER agrees that, immediately upon the foal’s birth, BUYER assumes full responsibility and releases Shangrila Farm, Robert and Carolyn Crum, owners of the farm, and their affiliates, agents, servants, and employees, from any liability for any sickness, disease, estray, theft, death or injury that may be suffered by the foal while in the SELLER’s custody, nor shall Shangrila Farm, Robert and Carolyn Crum, be liable for any personal injury or liability which the BUYER or buyer’s agents, representatives or family may suffer while on the farm’s premises.  BUYER agrees to indemnify and hold Shangrila Farm, Robert and Carolyn Crum, harmless from any claim related to damages, illness, or injury caused by the horse, and agrees to pay all expenses and attorney’s fees incurred by any of them in defending such claims.  It is recommended that BUYER take out a full mortality and medical insurance policy covering the foal. 

The SELLER has made no warranties about sex, color, size, conformation or fertility of the foal.  This Contract contains all of the agreements between the SELLER and the BUYER. 

This contract shall be construed under the laws of the State of Florida.

AGREEMENT:

By: ________________________________________SELLER     Date: ___________

By: ________________________________________BUYER      Date: ___________

Robert and Carolyn Crum, owners Shangrila Farm