RMRHA Stallion Stakes Auction Terms of Sale
You are bidding on one 2019 breeding contract ("Breeding Contract") donated to RMRHA by the stallion owner/agent ("Stallion Owner") for the 2018-2019 RMRHA Stallion Stakes Auction ("Auction"). Once completed, bids are non-retractable so please bid with care. If you are the single high bidder at the close of the Auction, you are obligated to complete the transaction and pay to the RMRHA Stallion Stakes Program the full amount of the highest bid within 10 days of the close of the Auction.
All proceeds from the sale of the Breeding Contract and this Auction will go to RMRHA, a nonprofit organization, to further develop the RMRHA Stallion Stakes Program. The Breeding Contract will be awarded to the single highest bidder at the close of bidding so long as : (1) the minimum bid has been satisfied and (2) the final bid amount is paid in full. The Breeding Contract is awarded to the identified Mare Owner who purchases the stallion service in this Auction ("Mare Owner"). At the close of the Auction, the mare to whom the Breeding Contract is awarded ("Identified Mare") shall be identified by name and registration number. A one year limited live foal guarantee shall be included in the terms of the Breeding Contract ("Limited Live Foal Guarantee"). The Limited Live Foal Guarantee only extends for one calendar year after the year of the Auction and is only extended to the Identified Mare. In the event the Identified Mare is unsuitable for breeding as certified by a licensed veterinarian, one substitute mare then owned by the Mare Owner may be selected for the Breeding Contract.
Once the Auction concludes and the Breeding Contract is awarded, the Breeding Contract shall no longer include either RMRHA or the RMRHA Stallion Stakes Program as a party and all contract terms, payments, arrangements, and/or contact shall be between the Mare Owner and the Stallion Owner. The Mare Owner will be responsible to pay any and all charges/fees identified by the Stallion Owner and related to the execution of the Breeding Contract, including, but not limited to: vet bills, mare care charges, chute fees, booking fees, semen shipping fees and other expenses related to the breeding of the mare. Neither RMRHA nor the RMRHA Stallion Stakes Program shall be responsible for any costs, expenses and/or charges related to the execution of the Breeding Contract.
Because neither RMRHA nor the RMRHA Stallion Stakes Program are involved in the actual transaction between the Stallion Owner and the Mare Owner and is not the agent of either for any purpose, neither RMRHA nor the RMRHA Stallion Stakes Program will be involved in resolving any disputes between the parties. The Mare Owner and the Stallion Owner agree to indemnify, defend and hold harmless RMRHA and the RMRHA Stallion Stakes Program (and its directors, officers, agents and representatives) from any and all claims, losses, liabilities, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. To the extent that RMRHA or the RMRHA Stallion Stakes Program is brought into any dispute relating to this Auction or Breeding Contract, the dispute shall first be submitted to mandatory mediation to a mutually agreeable mediator at the JAG offices in Denver, Colorado. The parties shall share the cost of mediate equally. No litigation or arbitration may be commenced before the completion of the aforementioned mediation. If the mediation does not successfully resolve the dispute, the dispute shall be resolved through binding arbitration in front of a single arbitrator to be mutually agreeable to the parties. Any such dispute shall be governed by the laws of the State of Colorado. In any event, RMRHA and the RMRHA Stallion Stakes Program expressly limit their aggregate liability to $500 or the amount paid by the Mare Owner in this Auction, whichever is less.
RMRHA reserves the right to accept or reject any or all bids, extend deadlines, or otherwise modify the rules as necessary to deal with unforeseen circumstances which arise. RMRHA and the RMRHA Stallion Stakes Program hereby expressly disclaim any and all warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. RMRHA and the RMRHA Stallion Stakes Program hereby specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way related to the Auction or Breeding Contract.