*** This sample contract is being used as a example only. Sterling Retrievers and Omega Retrievers reserve the right to change any and all items used in this example at any time.
OMEGA and STERLING RETRIEVERS
BROOD / SHOW BITCH
TERMS FOR THE CO-OWNERSHIP, BREEDING AND EXHIBITING OF THE FOLLOWING BITCH:
Breed: Flat-Coated Retriever
Date of Birth:
AKC Litter #:
For the syndication price of $XXX.00, K.B. (Peachie) Orton, dba Omega Retrievers, and Adrienne Ayles, dba Sterling Retrievers hereafter referred to as the Breeder, agrees to sell 50% ownership of, and full physical possession rights to the above named bitch, hereafter referred to as the Show Bitch, with the terms and conditions listed below to xxxxxxxxxxxxxxx, hereafter referred to as the Buyer, for the duration of this contract.
The Show Bitch shall be registered with the American Kennel Club to xxxxxxxxxxxx and Peachie Orton and Adrienne Ayles. The Buyer is to retain full possession rights and assume full responsibilities and liabilities for the Show Bitch, unless the Show Bitch is in the sole possession of the Breeder. The Breeder is to be permitted temporary possession of the Show Bitch at their request for the purpose of breeding, exhibiting, medical examinations, or other purposes deemed necessary by the Breeder. Neither party to this contract may sell or, in any other way, transfer ownership or possession of the Show Bitch without written consent of the other parties. Each party to this contract agree to defend and hold harmless the other parties in the event of any lawsuit brought because of the actions of the Show Bitch while in the sole possession of that party. After the terms of the Breeding section of this agreement are fulfilled, full possession and ownership rights will be transferred to the Buyer, however, the Buyer will offer the Breeder the right of first refusal in any change of ownership throughout the life of the Show Bitch. The Buyer is to keep the Breeder appraised of the Buyer's current address and any change of address must be reported in writing within 30 days of said change.
CARE AND CONDITION:
The Buyer has the sole responsibility for properly feeding and nutritioning a developing and functioning Show Bitch. To the best of his/her ability, the Buyer will provide for a safe and healthy environment. He/She will never knowingly nor through neglect, place the Show Bitch in harm's way. The Buyer will also, to the best of his/her ability, keep the Show Bitch in proper health and condition for show ring competition. The buyer will provide a fenced yard to prevent the Show Bitch from running the streets. The Buyer will provide the care of a qualified veterinarian in the case of illness or injury, and for preventative health care. The buyer will provide proper nutrition as advised by the Breeder or the veterinarian. The Buyer will provide shelter from the weather, both in winter and in summer. The Buyer will at NO TIME allow the Show Bitch to ride outside of a travel crate, while in or on the bed of a pick up truck or other open vehicle. The Buyer hereby agrees that he/she has read and understands the Code of Ethics of the Great Western Flat-Coated Retriever Club, and further agrees to abide by the articles set forth in the Code with respect to the Show Bitch throughout the Show Bitch's life.
The Show Bitch will not be bred until she has achieved an AKC Championship title and has met the following soundness criteria. All owners will certify the Show Bitch to be free from any genetic hip or eye defects or inheritable diseases and will require any dog used as a stud dog with her to be so certified. Certifications shall be maintained through the OFA and CERF. After soundness and title criteria have been met, and after the Show Bitch reaches the age of 24 months, the Show Bitch is to be evaluated by the Breeder for potential breeding. If the breeder decides the Show Bitch is of breeding caliber, the Show Bitch will be bred during her next season. The Breeder will have the right of choosing the stud dog to be used. When the puppies are between 7 and 8 weeks of age, the Breeder will pick the odd numbered choices of puppies, beginning with #1 and alternating thereafter with the Buyer. The Breeder will take possession of and ownership rights to the puppies they choose and this portion of the agreement will be considered fulfilled. A mating which fails to produce at least three live puppies; or if puppies should die, leaving less than three puppies, prior to reaching eight weeks of age, for any reason, is not considered a breeding under this agreement. In such a case the Breeder will pick the First choice and the remaining puppy will go to the Buyer, and the breeding shall be attempted again at the second season following the non-breeding. Following the first successful breeding, the Breeder will relinquish ownership rights to the Show Bitch, however, the seller will continue to be bound by the terms of the balance of this agreement throughout the life of the Show Bitch. The Buyer hereby agrees that any subsequent breedings of the Show Bitch will be in accordance with the Code of Ethics of the Great Western Flat-Coated Retriever Club.
All ordinary expenses for the daily existence and well being of the Show Bitch; to include general care, medical expenses, general training, show conditioning, and entries for show, obedience, and field activities are the responsibility of the Buyer. All expenses associated with the Show Bitch which are incurred following the termination of the Breeding section of this agreement, no matter what the origin or cause, shall be the responsibility of the Buyer. The following expenses are to be divided equally by all parties:
a. The cost of hip x-rays for both the preliminary (1 year) and permanent (2 year) OFA certification.
b. The cost of annual eye examinations and CERF registration.
c. Professional handlers fees, and related expenses, should they be deemed necessary and approved by all parties in writing.
d. National or regional advertising of the Show Bitch and/or her litters should it be deemed necessary or advantageous and approved by all parties in writing.
e. The stud fees for any breedings related to this agreement.
f. Shipping expenses should it be necessary to fly the Show Bitch to the stud dog.
g. There will be a $100.00 deductible per unrelated incident of illness or injury (payable by the party in actual and sole possession of the Show Bitch) on all medical expenses not attributable to lack of care or negligence of safety. All medical expenses, after the deductible is met, shall be divided equally by all parties.
Omega and Sterling Retrievers shall fully warrantee the Show Bitch against any structural or physiological abnormalities or unsoundness, which can be, beyond a reasonable doubt, attributable to an inheritable factor. Further, Omega and Sterling Retrievers warrantee that the Show Bitch will develop to a sufficient quality to finish her AKC Championship and be of breeding caliber. If the Show Bitch cannot meet the minimum quality criteria as outlined in this warrantee, upon documented evidence from a source deemed by the Breeder to be competent, the Breeder will, at the Breeder's option either replace the Show Bitch with another puppy of equal quality and value, or refund the syndication fee to the Buyer. In such a case the Show Bitch will be neutered and, at the discretion of the Breeder, be returned to the Breeder for placement in a pet home. All transportation costs, if any shall be paid by the Buyer. If the Show Bitch is subsequently replaced, the provisions of this agreement shall apply to any replacement Show Bitch.
The Breeder hereby offers a cash rebate to the buyer for training the Show Bitch and attaining recognized AKC titles in accordance with the following schedule:
|AKC CD: $ 50.00||AKC Junior Hunter: $ 50.00||AKC TD: $ 50.00|
|AKC CDX: $ 100.00||AKC Senior Hunter: $ 100.00||AKC TDX: $ 250.00|
|AKC UD: $ 250.00||AKC Master Hunter: $ 250.00|
The Buyer agrees that any willful or flagrant violation of the articles of this agreement may result, at the sole and absolute discretion of the seller, in the forfeiture of ownership and possession rights of the Show Bitch, and all claims on the Show Bitch by the Buyer, without refund of monies paid.
SCOPE AND AMENDMENTS:
This agreement embodies the entire agreement between the parties hereto, and supersedes any and all other agreements between the parties in connection with the syndication of the Show Bitch described herein. This agreement may be amended at any time by the consent and signature of all parties in writing, provided that the written document so states that the purpose of the document is to amend this agreement.
This agreement is hereby entered into and wholly executed in the State of California and litigation arising from any possible breach of this agreement shall be adjudicated in the County of San Bernardino, in the State of California, under California law. All parties hereby submit themselves to the jurisdiction of said courts. Should any provision of this agreement be held invalid, illegal or unenforceable, the remaining provisions shall not be affected.
By signature below, the Buyer(s) and the Breeder affirm that they have read and understand this agreement and will abide by the articles of this agreement.