Keep contracts simple, powerful and legal. Study the puppy lemon laws in your state before writing your contracts. For example: a New Jersey state law says anyone who sells an animal automatically must guarantee the animal. In legal jargon, however, the word “guarantee” is a promise that something absolutely will not happen. Translate that to a puppy sales contract and you are “guaranteeing” the puppy absolutely will not have a genetic disease. If you want to look at the technical effect of this one word–you are in breach of contract with all it implies. It’s not possible to forecast the occurrence of all genetic diseases. Rather, your contract should “warrant” or state “to the best of my knowledge” the puppy will not have genetic defects.
Stud Service Contracts detail terms of agreement between owners of the bitch and the stud. The cost for the service may be money or a puppy back. Usually some guarantee of pregnancy is required or a no charge repeat service. Other stipulations include proof of health and genetic screenings by both parties.
A good Stud Service contract available for printout is found at the Show Dog Super Site but please take some time to think seriously before contracting for a stud:
http://www.showdogsupersite.com/kenlclub/k9journal/k9j002.html
Now, on to the contracts–there are two at this site.
Stud Service Contract #1:
http://www.showdogsupersite.com/kenlclub/k9journal/sscona.html
Stud Service Contract #2:
http://www.showdogsupersite.com/kenlclub/k9journal/ssconb.html
Here’s another generic contract: CONTRACTS
Pet Quality Puppy Contracts are used for puppies that should not be bred. The contract may be called a Limited Registration Contract or a Spay/Neuter Contract. “Pet” is defined as a puppy that may have a cosmetic fault when compared to the breed Standard. For example in a prick ear breed, one ear may not stand properly or in many breeds the color pattern may be incorrect. These traits do not affect health or temperament but should not be perpetuated in a breeding program. The contract should include a mandatory spay/neuter clause. Many breeders offer financial incentives to guarantee pet puppies are not bred.
This contract covers everything, it’s available without charge from the Show Dog Super Site
Pet quality puppy:
http://www.showdogsupersite.com/kenlclub/k9journal/ppsaleb.html
Here’s another generic contract: CONTRACTS
The safety of each puppy is in your hands, that is why you’ll want to make an effort at proper screening. Take a look at this questionnaire for potential puppy buyers.
http://www.showdogsupersite.com/kenlclub/k9journal/pupques1.html
Show Puppy Contracts are reserved for the puppies deemed to be the best representatives of the breed standard. Terms and conditions are variable, most require showing the puppy and some breeders stipulate obligatory breeding, with puppies back from a bitch and stud service from a male. You should be aware of the additional expenses involved with purchasing a “show” puppy. Not only do these puppies cost almost twice as much as a pet but also the expense involved in showing dogs can become considerable.
Make any changes to this good basic contract. Show/Breed quality
Much has been written about Co-Ownership Contracts. Breeders use
co-ownership documents to retain some control over puppies they consider of outstanding quality or to keep their name on a top show prospect. A buyer can obtain a better quality puppy from a breeder reluctant to sell a pick puppy; the breeder can control future breeding plans on the puppy.
Human nature being what it is, these contracts often end up as “co-defendants” in a legal wrangle. A novice can be at the mercy of an experienced breeder; friends, relatives, spouses–there are no guarantees of a lasting bond between two co-owners. Each co-owner legally owns 50% of the dog, including potential liabilities if one party is negligent. It is wiser to enjoy the friendships found in the sport without the animosities inherent in co-ownership agreements. If you are, however, determined to pursue a co-ownership agreement, the following items may help you remain on speaking terms with your co-owner long after the dog is retired. You need a detailed, well-written contract covering the following elements:
. . . Where will the dog live?
. . . Agree on all expenses, including feeding, routine and
extraordinary veterinary care, including who selects the
veterinarian; show, handling, traveling and advertising costs.
. . . Who decides which show to enter, the handler to use?
. . . Who will keep the ribbons and trophies?
. . . What if the dog is sterile, diagnosed with a genetic disease, or matures
with a major fault? What happens to the dog? Who has the final decision?
. . . What if the novice co-owner does not like showing? The kids want the dog
on vacation with them during a National Specialty?
. . . Who pays for tail and ear docking, genetic screening and all
expenses involved with the dog’s breeding future. Who decides
the breeding plans?
. . . Who has the final selection of stud for a bitch? Bitches for a stud?
. . . How do you split stud fees? How do you split travel expenses for the bitch?
How do you split a litter of puppies and at what age?
. . . What steps will you take to avoid a trip to small claims court?
As you can see there are many expected and unexpected details involved in
co-ownership’s. Keep in mind the variables of a personal relationship:
- Will your co-owner take good care of the puppy and do you
like the home environment?
- Is the person stable and settled or will your finest puppy
disappear with its co-owner?
- Are you comfortable introducing this person to your
friends and associates?
- Does this person practice good sportsmanship?
All contracts should include the basics:
- Kennel name, address and phone number
- Breeder’s name
- Date of birth
- AKC litter registration number
- AKC registration name and numbers of sire and dam
- Description of the dog including breed, sex, color and/or markings
- Designation of “Pet” or “show” quality
- A current health statement
- Warrantees of genetic health and temperament.
- Copies of all genetic disease certificates (OFA, CERF, vWD, thyroid, heart)
- Replacement puppy options or reimbursement in the event of unforeseen
genetic disorders.