Avalon Great Danes

Show Potential Contract

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SHOW POTENTIAL PUPPY SALES CONTRACT

 

AKC Litter Number: ______________________________________

AKC Registration Number:__________________________________

Date Whelped:___________________________________________

Sex:_________________

Color: __________________

Breed:_____________________________


Sire: __________________________________________________

Sire AKC #: ____________________________________________

Date of Birth:____________________________________________


Dam:__________________________________________________

Dam AKC #: ___________________________________________

Date of Birth: ___________________________________________

Breeder: Richard Rogers / Avalon Great Danes

 

This agreement is between Richard Rogers, hereinafter referred to as "Breeder/Co-owner", who agrees to sell a Great Dane Puppy, hereinafter referred to as "Puppy", with the terms and conditions listed below to _____________, hereafter referred to as the "Purchaser/Owner", for the duration of this contract.

 

POSSESSION:

The Purchaser/Owner is to be granted 50% ownership rights and assume full responsibilities and liabilities for the Puppy. The Breeder will retain 50% ownership rights to said Puppy. Physical ownership lies with the Purchaser/Co-owner.

Purchaser may not sell, or in any other way, transfer ownership or possession of the Puppy without written consent of the Breeder. 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 Puppy while in the sole possession of that party.

 

CARE AND CONDITION:

The owner has the sole responsibility for properly feeding and nurturing the Puppy. To the best of his/her ability, the owner will provide for a safe and healthy environment. He/She will never knowingly nor through neglect, place the Puppy in harm's way. The owner will also, to the best of his/her ability, keep the Puppy in proper health and condition for show ring competition.

The owner shall properly care for, feed, and provide adequate medical attention for such dog. The term "properly care for" shall mean a premium quality dog food (certified by AFCO or CVA) in adequate amounts, fresh water, provision for shelter, a dog run or a fenced yard and maintenance of annual vaccines, fecal checks and any required routine or emergency veterinarian care. Dog food that is considered premium: Bil-Jac, Eagle, Innova, California Natural, Flint River Ranch and BARF. The Puppy should not be fed puppy food of any type.

It is understood that the dog will not be allowed to roam free; and will either be confined to its fenced yard, be on a leash or under total voice control and direct supervision of the owner at all times. Underground fencing is not considered a reliable means of confinement and therefore not considered a fenced yard.

It is understood that the dog will not be chained up, tied up or staked out as a method of confining.

It is understood that said dog is to be maintained as a house pet.

It is understood that said dog will not be allowed to ride unsecured in the back of an open pick-up truck.

 

 

 

PROVISIONS

These warranties are the only ones made and no other express or implied warranties are made or will be honored:

1. Said Puppy is to be healthy and free from infectious diseases for a seventy-two (72) hour period thereafter. After that time, no health provisions are made with the exception of Canine Hip Dysplasia and Wobblers. It is agreed that the owner, at the owners expense, have the Puppy examined by their local veterinarian seventy-two hours of purchase.

2. Guarantees shall not include torsion and/or bloat, cancer, HOD, OCD or other maladies common to Great Danes and large and giant breeds of dogs.

3. Hips are guaranteed to be free of hip dysplasia for a period of two years from birth date of said Puppy. If, during that period, hip dysplasia is suspected, said Puppy will be immediately radiographed by a licensed orthopedic veterinarian and all x-rays will be submitted to the OFA (Orthopedic Foundation for Animals) for evaluation. Such medical expenses shall be born by the owner. Upon final diagnosis of hip dysplasia, the Breeder shall have the option of providing a replacement Puppy of equal value or may provide the owner the option of keeping said Puppy and providing a replacement at a later date. Such remedy shall be the sole remedy available to the owner herein. It is understood that a replacement Puppy will carry the same restrictions and guarantees; that a replacement Puppy will be provided only when the original Puppy is deceased or returned; and that a replacement Puppy will be dependent upon availability. It is also understood that a replacement Puppy does not include the cost of cropping.

4. Said Puppy is guaranteed against Wobblers syndrome for up to four (4) years from date of birth. If, during that time, wobblers syndrome is suspected, said Puppy will be radiographed by a qualified veterinarian, and if deemed necessary, have a mylograph performed. Such medical expenses will be born by the owner. Upon final diagnosis of wobblers, the same conditions regarding replacement Puppy will apply as those in Section 3. Wobblers caused by an accident or injury is not covered.

5. If the Puppy is diagnosed as having hip dysplasia, wobblers, heart conditions, has bloated and/or torsioned or other serious affliction it will not be used in a breeding program and will be altered.

6. At time of sale, the Puppy was well socialized and of sound temperament. Since the Breeder cannot control the environment, training or additional socialization after time of sale, no provisions are made in regards to temperament; and it is the owners responsibility to further socialize and train said Puppy. However, if there is any question as to the stability of the temperament of said Puppy prior to the age of six months, it may be returned to the Breeder for a replacement Puppy conditional upon availability, provided that the Puppy is retuned in good condition and has been properly maintained. If returned, no cash refund will be made under any condition.

7. The AKC registration will be provided within a reasonable amount of time. The Breeder will send it in and the owner should expect their registration form in about 6 weeks.

 

 

SHOW POTENTIAL:

All Show Potential puppies are sold on a Co-ownership agreement.

The Puppy described within this contract is sold as a show potential puppy. Due to the difficult nature in grading puppies at a young age, no guarantees can be made as to the final status of the dog once it is an adult. It is agreed that, if said dog does prove to be show quality, it will be shown to the completion of its Championship, or must be shown at a minimum of 18 AKC dog show events after the age of 18 months (whichever comes first).And advertised in a "Dane related"  magazine, identifing breeder and kennel name of Puppy.

As a guideline, the puppy will be shown in the puppy classes long enough to become ring trained. Once the Puppy is trained, mature, and in show condition, it is expected that it will begin its serious show career. The Puppy will be presented in the show ring by a professional handler experienced  with Great Danes unless otherwise specified. It is the sole responsibility of the Owner to properly train and socialize the dog. The owner is responsible for all handling fees.

If, after the Puppy is mature, trained, in condition, and presented properly, it does not begin obtaining points towards its Championship after 18 show  events after the age of 18 months old; the Breeder will re-evaluate said Puppy and a determination will be made as how to proceed upon the show career of said Puppy. If said Puppy does not fulfill its potential for the show ring, the Owner is under no obligation to continue showing the Puppy. The puppy will then be spay or neutered and remain with owner as a house pet. AKC papers would be transfered to owners name upon proof of spay or neuter. However, if the Puppy is indeed show quality, the owner is required to show the Puppy to the completion of its Championship.

The Owner agrees to advertise the completion of the said Puppys Championship in either the Great Dane Reporter or Dane World.

Unless provided in an addendum, all costs and expenses related to the showing of the Puppy will be the sole responsibility of the owner.

 

EXPENSES:

All ordinary expenses for the daily existence and well being of the Puppy; to include general care, medical expenses, general training, show conditioning and entries for show, obedience, and field activities are the responsibility of the owner. The following expenses are the responsibility of the owner:

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.

d. National or regional advertising of the Puppy and/or her litters.

e. The stud fees for any breedings related to this agreement.

f. Shipping expenses should it be necessary to fly the  bitch  to the stud dog.

g. The cost of examination for and submission fees for thyroid certifications.

 

 

BREEDING:

The Puppy will not be bred until it has achieved an AKC Championship title or must be shown at a minimum of 50 AKC dog shows (whichever comes first) and has met the soundness criteria below.

Owners will certify the Puppy to be free from any genetic hip or eye defects or inheritable diseases and will require any dog used in the breeding to be so certified.

Certifications shall be maintained through the OFA and CERF. After soundness and title criteria have been met, and after the Puppy reaches the age of 24 months, the Puppy is to be evaluated by the Breeder for potential breeding. If the breeder decides the Puppy is of breeding caliber, the Puppy will be bred under the following guidelines:

1. Bred only to AKC  registered Great Danes

2. Dane used in the breeding must be OFA certified

3. Bred only to Champion or show-quality Danes

4. To physically and temperamentally sound Danes

5. Bred to Danes who are owned by responsible people who understand about puppy care

6. Females must be over 2 years of age or past their third heat cycle

7. Prior breeding health check and brucellosis test are required before breeding

8. Prior consultation with Breeder prior to any breedings is mandatory.

Additionally, any puppies produced by such breeding shall:

1. Be provided with proper care, vaccines, worming, feeding and socialization.

2. Be sold with care information and health guarantee.

3. Pet puppies sold on a spay or neuter contract.

Owner's of the bitch  involved in the breeding will agree to take back, at any time, a puppy or an adult dog that has resulted from this breeding, if it needs a new home.

If the above dog is either mis-bred or purposely bred to a dog not of the Breeder/Co-owners choice, the Breeder has the option to refuse to sign the litter registration papers.

 

PUPPY BACK CLAUSE:

Occasionally an agreement between the Breeder and Owner will result with a puppy back from the females first breeding. The Breeder will have the right of choosing the stud dog to be used but will be mutually agreement upon between both parties. When the puppies are between 7 and 8 weeks of age, the Breeder will take 2nd pick of the litter. The Breeder will take possession of, and ownership rights to, the puppy they choose. 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 (also includes producing non show quality puppies). In such a case the Breeder will take first pick when the breeding is attempted again at the second season following the non-breeding. The owner hereby agrees that any subsequent breedings of the Puppy will always be in accordance with the Code of Ethics and the Breeders Color Code of the Great Dane Club Of America.

A puppy back IS part of this agreement    A puppy back is NOT part of this agreement                

 

RIGHT OF FIRST REFUSAL

1. In the event that the Purchaser desires to sell, transfer, or otherwise dispose of said dog, the Purchaser grants unto the Breeder the Right of First Refusal to take possession of said dog. Such offer of Right of First Refusal shall be given to the Breeder in writing, to be sent by certified mail. The Breeder shall have five (5) working days to exercise this option. Any transfer back to the Breeder shall be accompanied with the appropriate AKC registration papers properly endorsed by the owner. No cash refunds will be given.

2. In the event that family circumstances or other emergency require immediate relocation of said dog, it can be retuned to the Breeder immediately, and the Breeder will therefore handle the transfer as deemed appropriate. All return costs will be paid the owner.

3. Under no circumstance shall said dog be taken to an animal shelter or released to a rescue group.

4. It is understood that if the dog is returned for any reason, no cash refunds will be given.

5. If the Breeder does not exercise the First Right of Refusal and the dog is sold or given away, all the same terms and conditions apply to the new owner. The Breeder reserves the right to approve of the new home.

 

MISCELLANEOUS TERMS AND AGREEMENTS

1. The Breeder assumes no responsibility for the after-care of the cropped ears and any failure of the ears to stand, notwithstanding that the Breeder may offer assistance in the care of the ears to owner.

2. If the owner should sell, transfer, or give away said dog with the Breeders prior consent as noted under "Right of First Refusal", all the same terms and conditions as stated in this agreement will apply to the new owner.

3. Waiver of any part of this contract shall be deemed void or invalid under the law, such finding shall not affect the remaining portions of the contract.

4. If a dispute arises out of this transaction, parties agree to conduct mediation and/or arbitration prior to filing a lawsuit. Any lawsuit must be brought in the county where the Breeder resides. The laws of the State of North Carolina shall apply to the interpretation of this contract.

 

FORFEITURE:

The owner 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 Puppy, and all claims on the Puppy 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 Puppy 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 North Carolina and litigation arising from any possible breach of this agreement shall be adjudicated in the County of Rowan the State of North Carolina, under North Carolina 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.

 

ACCEPTANCE:

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.

 

 

_____________________________________
(signature of purchaser/owner) (date)

 

_____________________________________
(signature of breeder/co-owner) (date)

 

 

 

 

 

 

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