If you are preparing to breed your mare, as you go through the process of selecting a stallion, here are some elements of breeding contracts in the equine industry to consider:
Contracting With the Right Person
Mare owners should make sure that the one with whom they are contracting has authority. Never accept a contract signed by an employee or agent unless you have first confirmed that the party presenting the contract and signing it has authority to do so. If the stallion is managed by someone other than its owner, the contract should specify that the manager has authority to transact business on behalf of the owner and, of course, execute contracts. And unless a farm name is a true legal entity (such as a corporation or limited liability company), it should not be named as a party to contract.
The contract can include a clause stating that the party signing the contract on behalf of an entity (such as a partnership, corporation or LLC) is duly authorized to do so and to bind the entity to the terms of the contract. This issue has actually come up in litigation over the years.
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