NOMINATE YOUR STALLION
• Minimum Fee. In the event that Owner’s stallion’s semen (the “Breeding”) does not sell for the minimum bid of $1000.00, Owner will purchase the Breeding for the minimum fee of $1000.00 (“Minimum Fee”).
• Nomination Fee. Owner will pay the annual stallion nomination fee of $1000.00 (the “Nomination Fee”) in full on or before December 31 of each year (the “Nomination Deadline”) that Owner wishes to submit for nomination. If Owner submits the Application (as defined below)and the Nomination Fee on or before the Nomination Deadline, AWPA will submit the Breeding for nomination to the associations identified on page 1 above.
• Breeding Rights; Responsibility of Other Charges. Owner acknowledges that Minimum Fee and the Nomination Fee are for rights to sell the Breeding for the Stallion identified on page 1 of this Agreement. Purchaser will be responsible for all other CHARGES, including but not limited to the stallion contract provided by the stallion owner.
• Required Information. Owner must complete the application material identified below and all other additional documentation required by AWPA (collectively, the “Application”) on or before the Nomination Deadline.
- Stallion Nomination Form
- Copy of stallion’s registration papers
- Two copies of the stallion’s breeding contract
- A stallion profile (One paragraph)
- Stallion photos (Max 3)
- Payment of the $1000.00 nomination fee
• Breeding Sale Procedure. Owner acknowledges that the Breeding will be sold via online auction through the Arabian Horse Times.
• Sale Subject to Rules and Regulations. Owner agrees that the Breeding will be sold subject to the AWPA rules and regulations, as may be amended from time to time at the discretion of AWPA.
• Damages. In the event that the purchaser at the sale fails to comply with the conditions of the sale, AWPA may terminate this Agreement and retain all payments as liquidated damages, or may, without further notice, pursue any and all remedies available at law or in equity, including without limitation, an action for specific performance.
• Release and Indemnification. Owner for themselves, their spouse, legal representative, heirs and assigns, hereby releases, waives, discharges and indemnifies AWPA, AWPA’s officers, directors and members from all liabilities to Owner, Owner’s spouse, legal representative, heirs and assigns for any loss or damage past, present or future on account of Owner’s donation of this Breeding at AWPA’s stallion breeding auction.
• Governing Law. Indiana law applies to this Agreement without regard to any choice-of-law rules that might direct the application of the laws of any other jurisdiction. Any action respecting this Agreement will brought in Elkhart County, in the State of Indiana. The parties consider this Agreement to be executed by their duly authorized representatives on the date first mentioned above.
ALL CORRESPONDENCE TO AWPA SHALL BE DIRECTED TO:
ARABIAN WESTERN PLEASURE ASSOCIATION
C/O REBECCA FULKERSON
438 Barricade Lane
Dorchester, South Carolina