Live foal guarantee is a common provision in horse breeding

Horse breeding

Horse breeding is reproduction in horses, and particularly the human-directed process of selective breeding of animals, particularly purebred horses of a given breed. Planned matings can be used to produce specifically desired characteristics in domesticated horses...

 contract

Contract

A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

s. It is a form of a warranty

Warranty

In business and legal transactions, a warranty is an assurance by one party to the other party that specific facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed.In real estate transactions, a...

 offered to the mare

Mare (horse)

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 age three and younger. However, in Thoroughbred horse racing, a mare is defined as a female horse more than four years old; in harness racing a mare is a...

 owner by the stallion

Stallion (horse)

A stallion is a male horse that has not been gelded .Stallions will follow the conformation and phenotype of their breed, but within that standard, the presence of hormones such as testosterone may give stallions a thicker, "cresty" neck, as well as a somewhat more muscular physique as compared to...

 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.

Each specific breeding contract can have different details regarding a live foal guarantee. These are some of the common provisions, and some typical details.

Live foal

Commonly defined as one that stands & nurses from the mare unassisted.

If the foal miscarries

Miscarriage

Miscarriage or spontaneous abortion is the spontaneous end of a pregnancy at a stage where the embryo or fetus is incapable of surviving independently, generally defined in humans at prior to 20 weeks of gestation...

, is stillborn

Stillbirth

A stillbirth occurs when a fetus has died in the uterus. The Australian definition specifies that fetal death is termed a stillbirth after 20 weeks gestation or the fetus weighs more than . Once the fetus has died the mother still has contractions and remains undelivered. The term is often used in...

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

Length of survival

If the foal does stand 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.)

when

Normally, the re-breeding must take place within the same breeding season, though some breeding contracts extend this to allow it during the next years' breeding season.

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.

how often

Sometimes the breeding contract will specify how many times the live foal guarantee may be used. If it doesn't, a 'reasonable number' is assumed. Typically, after 3 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 this many 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 & board, shipping costs for AI semen

Artificial insemination

Artificial insemination, or AI, is the process by which sperm is placed into the reproductive tract of a female for the purpose of impregnating the female by using means other than sexual intercourse or natural insemination...

, etc. will have to be paid again by the mare owner.