Live foal guarantee is a common provision in horse breeding

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

s. It is a form of a

warranty In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambri ...

offered to the

mare A mare is an adult female horse or other equine. In most cases, a mare is a female horse over the age of three, and a filly is a female horse three and younger. In Thoroughbred horse racing, a mare is defined as a female horse more than fo ...

owner by the stallion owner. Basically, it says that if the mare fails to produce a live foal from the breeding, the stallion owner will breed the same mare again without charging another

stud fee A stud animal is a registered animal retained for breeding. The terms for the male of a given animal species (stallion, bull, rooster, etc.) usually imply that the animal is intact—that is, not castrated—and therefore capable of siring offsp ...

. Each specific breeding contract can have different details regarding a ''live foal guarantee''.

Live foal

Commonly defined as one that ''stands & nurses'' from the mare unassisted.''Beason v. Ashford Stud'', Kentucky Court of Appeals, Unpublished, 2004 WL 758341
(While this opinion related to payment for stallion services, it does cite the common industry definition of a ''live foal''.) If the foal miscarries, is

stillborn Stillbirth is typically defined as fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without signs of life. A stillbirth can result in the feeling of guilt or grief in the mother. The ter ...

, or is unable to stand and nurse, it is not considered a live foal, and the mare owner is entitled to a re-breeding.

Length of survival

If the foal stands after birth and nurses from the mare, it is considered a live foal, even if it dies soon after. Some contracts are more generous, specifying that the foal must survive for at least 12 or 24 hours after first nursing. If the foal survives this long and then dies, it was still a live foal, and the mare owner is ''not'' entitled to a re-breeding. But many stallion owners will offer a reduced stud fee in such cases, for goodwill reasons. Some breeding contracts specify that a live foal is a "single live foal", because in some breeds, twins are considered to have no or little value. Also, it is fairly common for only one of a pair of twin foals to survive; this provision clarifies that the loss of one twin does not trigger the re-breeding guarantee.

Re-breeding

Timing

Normally, the re-breeding must take place within the same breeding season, though some breeding contracts extend this to allow it during the breeding season for the following year.

Same mare

Normally, the re-breeding must be to the same mare. Sometimes the contract allows substitution of a different mare, either under specific circumstances (death, disability, or infertility of the original mare) or just upon approval of the stallion owner.

Frequency

Sometimes the breeding contract will specify how many times the ''live foal guarantee'' may be used. If it does not, a 'reasonable number' is assumed. Typically, after three unsuccessful tries, the stallion owner will either require substitution of another mare or will return the stud fee. Or the contract may allow the stallion owner to simply keep the stud fee after the agreed number of tries.

Vet report

Often, before re-breeding, the stallion owner will require a veterinary report, giving the cause for the problem. This is to ensure that the mare is healthy, able to carry a foal, and to check for genetic incompatibilities. There are certain genetic crosses that are lethal to the foal. There is no point to re-breeding in such cases, so the stallion owner will allow substitution of another mare or will return the stud fee.

Other fees

The guarantee applies only to the stud fee, which will not be charged for the re-breeding. But other incidental expenses, such as mare care and board or shipping costs for AI semen, will have to be paid again by the mare owner.

References

Horse breeding and studs