*** 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
STUD DOG / SHOW DOG
TERMS FOR THE CO-OWNERSHIP, BREEDING AND EXHIBITING OF THE FOLLOWING DOG:
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 Breeders, agrees to sell 50% ownership of, and full physical possession rights to the above named dog, hereafter referred to as the Stud Dog, with the terms and conditions listed below to XXXXXXXXXX , hereafter referred to as the Buyer, for the duration of this contract.
The Stud Dog 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 Stud Dog, unless the Stud Dog is in the sole possession of the Breeders. The Breeders are to be permitted temporary possession of the Stud Dog at their request for the purpose of breeding, exhibiting, medical examinations, or other purposes deemed necessary by the Breeders. Neither party to this contract may sell or, in any other way, transfer ownership or possession of the Stud Dog without written consent of the other parties. Each party to this contract will have the right of first denial in any change of ownership throughout the life of the Stud Dog. Each party to this contract also agree to defend and hold harmless the other parties in the event of any lawsuit brought because of the actions of the Stud Dog while in the sole possession of that party. The Buyer is to keep the Breeders 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 Stud Dog. 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 Stud Dog in harm's way. The Buyer will also, to the best of his/her ability, keep the Stud Dog in proper health and condition for show ring competition. The buyer will provide a fenced yard to prevent the Stud Dog 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 Breeders 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 Stud Dog to ride outside of a travel crate, while in or on the bed of a pick up truck or other open vehicle.
The Stud Dog will not be bred until he has achieved an AKC Championship title and has met the following soundness criteria. All owners will certify the Stud Dog to be free from any genetic hip or eye defects or inheritable diseases and will require any bitches bred to him to be so certified. Certifications shall be maintained through the OFA and CERF. All owners will have joint approval as to type, temperament, soundness, pedigree, and health of bitches to be bred to the Stud Dog. 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 throughout the life of the Stud Dog. The Buyer will maintain full and complete records regarding any and all breedings and subsequent offspring produced by the Stud Dog and will provide the Breeders with all such information.
CO-OWNERS STUD RIGHTS:
Any bitch that meets the requirements of the Breeding section of this agreement and is owned or co-owned by either the Buyer or the Breeders or their immediate families may be bred to the Stud Dog with no remuneration to either party. However, any bitch that is bred under these conditions may not be registered to either the Breeders or the Buyer for the sole purpose of breeding a litter.
DISTRIBUTION OF REVENUES:
The revenues, if any are earned, shall be distributed equally between the Buyer and the Breeders. The rate of stud fee shall be set and firm on all approved breedings unless agreed to in writing by all parties to this contract. The stud fee shall be mutually set after the Stud Dog has passed soundness tests, and amended accordingly in writing between the parties.
All ordinary expenses for the daily existence and well being of the Stud Dog; to include general care, medical expenses, general training, show conditioning, and entries for show, obedience, and field activities are the responsibility of the Buyer. The following expenses are to be divided equally between the breeders and the Buyer:
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 Stud Dog should it be deemed necessary or advantageous and approved by all parties in writing.
e. 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 Stud Dog) 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 between the Breeders and the Buyer.
Omega and Sterlings Retrievers shall fully warrantee the Stud Dog 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 Stud Dog will develop to a sufficient quality to finish his AKC Championship and be of breeding caliber. If the Stud Dog cannot meet the minimum quality criteria as outlined in this warrantee, upon documented evidence from a source deemed by the Breeders to be competent, the Breeders will, at the Breeder's option either replace the Stud Dog with another puppy of equal quality and value, or refund the syndication fee to the Buyer. In such a case the Stud Dog will be neutered and, at the discretion of the Breeders, be returned to the Breeders for placement in a pet home. All transportation costs, if any shall be paid by the Buyer. If the Stud Dog is subsequently replaced, the provisions of this agreement shall apply to any replacement Stud Dog.
The Breeders hereby offers a cash rebate to the buyer for training the Stud Dog 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 dog , and all claims on the Stud Dog 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 Stud Dog 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 Breeders affirm that they have read and understand this agreement and will abide by the articles of this agreement.