June, 2007


I would like to say thank you for your time in taking an interest into our new and exciting stallion prospect for 2007 – “ENEMY OF AVERAGE”.


The Stallion has arrived at Eldon Park and let me say that he is everything on type that you would expect an 800,000.00 yearling to be.


He has a wonderful demeanor and a lovely kind eye.


Eldon Park Stud will stand him for a stud fee of $6,000 (inc gst) and with brief advertising recently in the Winning Post, enquiries are starting to flow.


Due to legalities, limited “Breeding Rights” will be available at $10,000 each, and that will enable the holder 2 nominations in season 2007 and 2008 and 1 breeding right thereafter.


Should you have any further queries or wish to come for a visit to view our Stallion please contact me.


Kind regards,

Frank Oliver

Stud Manager

Eldon Park Stud


Terms & Conditions Agreement for the Breeding Rights


Eldon park thoroughbred stud

74 Graydens Road, Tyabb 3913

Ph: 0359 792 224 – fx: 0359 794 017

Stud manager – Frank Oliver – 0408 004 649





Acknowledgement of Agreement between Eldon Park Thoroughbred Stud (the Vendor) of 74 Graydens Road, Tyabb 3913 and __________________________ (the Purchaser)

of _________________________ for the provision of _____(amount required) lifetime Breeding Rights whilst at Eldon Park Thoroughbred Stud in the thoroughbred stallion “ENEMY OF AVERAGE”.


It is hereby acknowledged by Eldon Park Thoroughbred Stud that in consideration of receipt of the sum of $10,000 + gst for each Breeding Right purchased by _______________________that the right to breed 2 Mares in the first and second years and 1 Mare for each consecutive year after that to the stallion “Enemy Of Average” will be provided on the following terms & conditions :-


  1. No warranty of guarantee is given in respect of the health or fertility of Enemy Of Average.
  2. It is specifically noted that this Agreement does not create a partnership between the vendor and the purchaser.
  3. The mare &/or mares nominated by the purchaser will be accepted on the Stud’s normal trading terms and conditions (please refer to agistment contract attached) Standard stud agistment and keep expenses are payable within 30days of invoice.
  4. In the event of a mare testing positive but subsequently not having a foal alive within 7 days after birth then a free return service will be made available for :-

(a)                that same mare or approved substitute mare

(b)               provided the stallion is alive and capable of serving in excess of 40 mares annually

No free return will be provided should a mare fail to conceive.

  1. Should the stallion be sold then a sum of money 1/38th of sale price will be repaid

as the Breeding Right until the 31st December, 2008 unless the annual usage right is not guaranteed by the future proprietor of Enemy Of Average.


  1. Insurance of this lifetime usage right is the responsibility of the purchaser whilst at Eldon Park Thoroughbred Stud.
  2. The stallion shall be advertised for service and entered for the Victorian Owners and Breeders Incentive Scheme at no cost to the Lifetime Breeding Right holders who shall have no interest in any income occurring thereon.
  3. Nominations and service fee’s in excess of the 38 Breeding Rights are the property of Eldon Park Thoroughbreds. Should the number of mare bookings be well in excess of expectations,” Bonus Nominations” may be offered to Breeding Right holders after initial 2007 season.
  4. If in the event a holder decides to sell a nomination in any given year he/she shall   

            not advertise this nomination for sale below current advertised service fee.

10      The only other additional costs to the “Holder” will be a 1/38 % payable for  

insurance (mortality and fertility) plus the initial Veterinary inspection for      

suitability for breeding and transportation to the farm. This is anticipated but no  

more than $500 in the first year.

11      Eldon Park will provide all care, farrier, dentition, and Veterinary except for  

exceptional circumstances where the horse needs to be transported to a Vetinary    

Hospital because of major illness and covered by Insurance.

12      A levy for insurance (1/38) and stud book costs may be made payable in 2008  

although it is hoped that Eldon Park will be able to cover these costs thorough    



The above terms and conditions are hereby agreed and acknowledged by the Vendor and the Purchaser.


Dated the ___________ day of __________________ 2007.



___________________________                              __________________________

GD & EA Byrne on behalf of                                        (Purchaser Signature)   

Eldon Park Thoroughbred Stud