5. Failed Breeding
a. Mare: In the event that the Mare does not take and become in-foal, or the Mare does not produce a live foal (defined below), the Parties agree as follows:
(i) Booking Fee and Stud Fee
The Booking Fee is non-refundable. The Stud Fee is refundable ONLY IF Mare Owner provides a letter to Stallion Owner from the Mare's breeding veterinarian, on the veterinarian's letterhead and with his/ her signature, within six (6) weeks of the Mare's last date of breeding to the Stallion, confirming that the Mare is not pregnant and that if the breeding to the Stallion was successful, the pregnancy would be detectable as of the date of the veterinarian's letter. The Parties agree that a pregnancy check within 16 calendar days of breeding is not conclusive of whether the Mare is or is not pregnant
(ii) Re- Breeding
Stallion Owner agrees to breed the Stallion to the Mare one additional time in one of the two Breeding Season periods (March 1st until May 31st or September 1st until November 1st) the immediately following calendar year at no additional cost to Mare Owner. If the Mare is not pregnant this following calendar year during the breeding seasons, the Stallion Owner is not required to rebreed to the Mare at any time.
In the event of any re-breeding of the Mare, Mare Owner shall be responsible for any and all expenses involved or incurred in the re-servicing of the Mare, including but not limited to, boarding fees and expenses, and veterinarian fees.
If the Mare is to be re-bred as provided for herein, and the Mare Owner fails to deliver the Mare for breeding within the time allowed under this Agreement, then any and all fees paid remain non-refundable and this Agreement is hereby cancelled.
(iii) Live Foal
For the purposes of this Agreement, a live foal shall be one that stands and nurses without assistance within 48 hours; and, if not live, shall be evidenced by a written statement from a licensed Veterinarian within one week from death.
(iv) Death of Mare
If the Mare dies prior to the breeding of the Mare or after the Mare has been bred but not come in-foal, this Agreement shall become null and void and all monies paid by Mare Owner shall remain non-refundable unless otherwise agreed to by Stallion Owner and confirmed in writing.
b. The Stallion
In the event the Stallion dies or is deemed medically unfit to breed prior to the breeding of the Mare, this Agreement shall become null and void and ONLY the Stud Fee shall be returned to Mare Owner.