SIMS CATTLE COMPANY, LLC BULL LEASING CONTRACT
THE STATE OF WYOMING
This Bull Leasing Contract (hereinafter called “Agreement”) is made and entered into effective _________________, 20____ (“Effective Date”) by and between the following Owner and Breeder:
OWNER: Sims Cattle Company, LLC
Owner’s Headquarters: 1991 CR 1 Unit A
McFadden, WY 82083 Phone No.: 307-360-6787, or 307-378-2473
Phone No.: ____________________________
The purpose of the Agreement is for the use of the Owner’s bull(s) for natural-service breeding purposes. The bull(s) shall be given good care by the Breeder in conformity with the practices generally approved by successful cattle raisers in the Carbon County area.
In consideration of the mutual covenants contained in this Agreement, the parties agree as follows:
The term of this Agreement shall be for ______ days commencing on the Date of Delivery, _____________, 20_____. At the end of the Term, Breeder will relinquish the bull(s) to the Owner.
2. DESIGNATION AND DELIVERY.
Owner shall deliver the following bull(s) to the Breeder on the Date of Delivery, within a 200 mile radius of Owner’s headquarters. If Breeder is located outside of 200 miles, Owner shall meet the Breeder at the 200 mile limit or Breeder may pick up bull(s) at Owner’s headquarters.
Ownership and title to the bull(s) shall remain in the Owner. The bull(s) shall not be removed from the Breeder’s possession without the prior written consent of the Owner.
Breeder agrees to pay to Owner without any prior demand therefore and without any deduction or setoff whatsoever, the sum of $_________ per head per term for the right to breed cattle to the bull(s), payable at the Date of Delivery. Breeder is solely responsible for managing and paying for any necessary brand inspections, health certifications, or any other documents to complete this Agreement.
4. LOCATION OF BULL(S)
The Breeder agrees to keep the bull(s) at the following location for the Term of this Agreement (county, physical address, section#, pasture name, etc.): ________________________________________
5. REQUIRED TRICH AND SEMEN TESTING
A. On the Date of Delivery, Owner shall provide proof to Breeder of a negative trich and passing semen test for each bull, such tests to be paid at Owner’s expense. Owner must have a minimum of 20 days’ notice of Breeder’s intent to lease the bull(s) prior to Date of Delivery to obtain the trich results for the reasons described in paragraph 6 below.
B. At the end of the Term, Breeder shall provide proof to Owner of a negative trich test and passing semen test for each bull, such tests shall be performed by a certified veterinarian, to be paid at Breeder’s expense. Due to the 6-10-day time frame to obtain results from trich testing described in paragraph 6, the Breeder will not be charged for the period it takes for the trich results to come in, hereinafter referred to as the “turn-around time.” In other words, since the Breeder will not be able to use the bull(s) for the turn-around time, no charge will be added for the extra days the bull(s) is/are still in the control/possession of the Breeder.
6. TRICH TESTING NOTICE
Due to Federal Laws regarding “trich” testing for leased bull(s) currently enforced by the Wyoming Livestock Board, the bull(s) shall be tested by a trich certified veterinarian with negative results for “trich” using the PCR test and a passing semen test. Breeder is advised that a 10-day period must be allowed for the result to come back and for the bull(s) to travel. This must be taken into consideration when a “turn-out” date is strictly adhered to, i.e., the bull(s) will need to be tested at least 10 days prior to the target turnout date the Breeder desires.
If the Breeder turns out bull(s) prior to obtaining the trich results, Breeder does so at Breeder’s own risk and expense. Breeder does hereby acknowledge that Breeder “holds harmless” the Owner from any liability, expense, or damages resultant therein.
Breeder acknowledges that this will more than likely be the case if the bulls are reserved verbally less than 20 working days before the delivery date and will presume same. If Breeder is not confident of the trich-free status of Breeder’s herd (weaning rate less than 90%, open or aborting cows, etc.), the Breeder may want to reconsider leasing the bull(s).
7. TRICH TESTING POSITIVE RESULTS
Breeder agrees that if a bull tests positive for trich within the Term or at the end of the Term of this Agreement, the Breeder shall purchase such bull for the Agreed Upon Purchase Price of the Bull listed in paragraph 13. If multiple bulls have been leased under this Agreement, all the remaining bulls shall be held by the Breeder until declared “trich free” by a certified veterinarian at which time such bulls can be returned to the Owner with proof of negative trich test results.
8. RECOMMENDED RATIO
The recommended ratio of cows per bull is 1 bull per 20-25 cows. Additionally, if only 1 bull per group of cows in one area, Breeder runs the risk of low conception rates. It is recommended that at least two bulls are with larger groups in one location.
Owner guarantees the bull(s) to be in good health and condition on the Date of Delivery and to have been fertility tested. Owner’s fertility test guarantees that the bulls are fertile. Fertility test does not warrant against poor condition of Breeder’s herd, drought, weather anomalies, insufficient or deficient grazing, inadequate supplement, feed, internal and external parasite control, reproductive disease or infections, insufficient number of bulls, and other related matters. All these conditions must be taken into consideration and inadequacies regarding the same can affect reproductive efficiency of leased bulls negatively. Owner’s bulls receive a killed vibrio-lepto vaccine.
10. NUTRITIONAL RESPONSIBILITY
The Bull(s) may NOT be returned to Owner in a state of malnutrition. Malnutrition is defined as losing more than 15% of body weight while in care of the Breeder. Weights and tag numbers are recorded in the last section. Weight after breeding season will be determined by Owner via certified scales and being on good grass or hay for at least 8 hours. In the event of determined malnutrition, Breeder will be required to purchase a warranty of 20% of the bull’s lease value the following year if Breeder is to continue doing business with Owner. In the event of dispute under this section or any health-related issue herein the parties agree that Alpine Animal Hospital, Laramie, Wyoming, will determine if the bull(s) are, in fact, in a state of malnutrition. If Alpine Animal Hospital is not available, a competent, impartial veterinarian within 90 miles of Sims Cattle Company, LLC headquarters may mediate the dispute regarding body condition. If mutually acceptable, an additional payment to cover feed, labor, medication, and inconvenience may be made in lieu of “recovery” period.
11. MEDICAL RESPONSIBILITY
If the bull(s) need medical treatment beyond what is possible on the Breeder’s land, the Breeder agrees to contact the Owner via telephone immediately. For issues that need a veterinarian’s attention, the Breeder will haul the bull to a veterinarian to have recommended treatment with Owner’s approval and Owner shall pay for treatment costs. For issues that can be treated on Breeder’s land, the Breeder agrees to obtain consent from Owner to provide medicine and treatments, if Owner consents to such medicine and treatments, Breeder shall provide Owner a list containing the medicine, dosage, treatments and dates that the Breeder carries out such treatments. Owner shall reimburse Breeder for treatment done by the Breeder. If the bull(s) are unable to service cows in the breeding season due to the bull(s) condition, Owner will provide a replacement for the remainder of the breeding season and deliver said replacement to within a 200 mile radius of McFadden, Wyoming.
12. BULL HANDLING
Breeder agrees to handle the bull(s) in a low stress stockmanship manner. Breeder agrees that Breeder will not rope or dart the bull(s) without Owner’s consent. Additionally, Breeder agrees that Breeder’s use of hotshots will be kept to a minimum. Breeder agrees not to shoot the bull(s)with shotgun birdshot (or allow others who are allowed to hunt on Breeder’s land to shoot the bull(s) with shotgun birdshot). If a bull is shot with birdshot during the Term of this Agreement, the Breeder agrees to pay to Owner the Agreed Upon Purchase Price of Bull listed in paragraph 13.
13. BULL INJURED, LOST, DEAD OR TEST POSITIVE FOR TRICH
Breeder agrees that the bull(s)are sound and healthy as of the Date of Delivery. Breeder further agrees to assume any and all liability including any disappearance or contraction of trich associated with possession of the bull(s). This responsibility begins from the Date of Delivery until Breeder returns the bull(s) to the Owner’s headquarters. Breeder specifically agrees to the following terms:
Injured Bull: In the event any bull leased under this Agreement is injured so as to make the bull unserviceable (the term “injured” shall include crippled, unsound, or sore-sheathed), the Owner assumes all risk, provided no negligence on Breeder’s, Breeder’s agents, employees, or permittee’s negligence, or intentional acts of malfeasance. In the case that injury is result of said negligence by Breeder, the Breeder agrees to purchase the bull(s) for the Agreed Upon Purchase Price of Bull below.
Breeder’s Responsibility: If a bull is missing for more than a one-month period, or no proof of death as described above is provided to Owner with 10 days after end of the Term, or the bull tests positive for trich during or immediately following the Term of this Agreement, the Breeder assumes all responsibility and agrees to pay to Owner the Agreed Upon Purchase Price of Bull below.
Agreed Upon Purchase Price of Bull $3000.00 (per Bull)
BREEDER AGREES AND COVENANTS TO INDEMNIFY AND HOLD OWNER HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES FOR THE DEFENSE THEREOF, ARISING FROM THE CONDUCT OR MANAGEMENT OF BREEDER’S BUSINESS OR BREEDER’S USE OF THE BULL(S), OR FROM ANY NEGLIGENT ACT OR OMISSION BY BREEDER, BREEDER’S AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, GUESTS, OR INVITEES ON OR ABOUT BREEDER’S PREMISES. THIS IDEMNIFICATION SPECIFICALLY INCLUDES BUT IS NOT LIMITED TO ANY INJURIES TO OTHER ANIMALS, PERSONS, PROPERTY DAMAGE BY THE BULL(S) AT BREEDER’S PROPERTY OR DURING THE TERM OF THIS AGREEMENT. IF ANY ACTION OR PROCEEDING IS BROUGHT AGAINST OWNER BY REASON OF ANY OF THE ABOVE, BREEDER FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO OWNER.
15. NO ASSIGNMENT, SUBLEASING OR SEMEN COLLECTION
Breeder may not assign this Agreement, sublease the bull(s), nor collect semen from the bull(s) without the prior written consent of Owner.
16. RIGHT TO ENTER
Owner or Owner’s authorized representative shall have the right, at any reasonable time, to enter onto the Breeder’s property for the purposes of performing an inspection of the bull(s) or taking the bull(s) at the end of the Term if the bull(s) have not been returned at the end of the Term or if Breeder breaches the terms of this Agreement.
17. NO PARTNERSHIP
This Agreement shall not give rise to a partnership relationship between the parties hereto. Neither party shall have the authority to bind the other without written consent.
If Owner or Breeder fails to carry out any provision of this Agreement, the other party shall have the right to terminate this Agreement on thirty (30) days written notice to the offending party of such intention to do so. Nothing contained herein constitutes a waiver of the right of either party to damages occasions by breach of this Agreement.
19. APPLICABLE LAW AND VENUE
This Agreement and the rights of the parties hereunder shall be interpreted in accordance with the laws of the State of Wyoming, and in the event of any disagreement, the laws of this state shall apply, and suit must be brought in Wyoming. Venue for any dispute arising hereunder is in the state district court in and for Carbon County, Wyoming.
20. PARTIES BOUND
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. This Agreement will be faxed, e-mailed, mailed or hand-delivered to Breeder on or before the Delivery Date for his signature and records. Breeder’s acceptance of the bull(s) on the Delivery date shall constitute Breeder’s acceptance of the terms and conditions of this Agreement regardless of if Breeder signs this Agreement.
21. ENTIRE AGREEMENT – AMENDMENT
This Agreement shall constitute the entire understanding of the parties hereto with respect to the subject matter hereof, and no amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto.
This Agreement may be signed in counterparts with the compiled signature pages constituting a fully executed Agreement.
IN WITNESS WHEREOF, the undersigned Owner and Breeder hereto have entered into effective as of the Effective Date.
TAG BRAND BIRTH YEAR TURNOUT WEIGHT GATHERING WEIGHT