1. I/WE, the purchaser/s, have been given a list of the Mastiff Club of America's
`Code of Ethics'; and by the signing of this contract do hereby agree to abide by them while owning or breeding this Mastiff.2. In addition to the M.C.O.A. Code of Ethics, I\We also agree to the following conditions set down by the breeder for the betterment of the breed, the protection of this Mastiff, and the reputation of the breeder's kennel. Such conditions are as follows:
3.a) This Mastiff will not be a kennel dog. (That is, to not reside in a kennel, a confined structure, nor pen; on a permanent nor semi-permanent basis.) Nor will this dog be chained or tied, but shall be able to freely move about and exercise in ample space befitting it's breed. Further, this Mastiff shall not be trained as a guard or attack dog.
b)We do hereby state that we are purchasing this Mastiff as a companion and shall provide for it as a member of the family. In addition, we are purchasing this Mastiff as a Show Prospect and agree to abide by the terms stipulated herein to comply with the Show Career of this dog.
c) I/We, agree to provide this Mastiff with quality food, ample fresh water, and considerate companionship on a daily basis as a family member. We further agree that appropriate veterinary care with regular shots and wormings will be provided regularly.d)I/We, have been instructed by the breeder that socialization is extremely important in the proper rearing of a Mastiff puppy to become a temperamentally stable adult dog and canine good citizen. I/We, by the signing of this contract, do hereby make absolute promise that this Mastiff puppy shall receive socialization with people and other dogs on a regular basis.
4.Should, at any time, this Mastiff be mistreated by reason of abuse or neglect the breeder reserves the right to take back immediate possession of the dog without reimbursement to the owner. Should this clause need to be enforced, the owner shall forfeit the dog's AKC registration papers to the breeder within 7 days of the breeder taking possession of the dog.
5.a)Breeder retains the right to visit, or have someone visit, the dog periodically for the purpose of determining what the litter produced or to just check on the dog's welfare.
b)The purchaser agrees to notify the breeder if they change address, or telephone number to allow the breeder to keep track of the dog.6.The purchaser of a new puppy agrees to use the breeder's kennel name as a Prefix [i.e., Grandeur, or Grandeur's] upon the naming of the puppy on AKC registration papers.
7.a)If [for whatever reason] the purchaser can not or does not wish to maintain custody of this Mastiff [at any time during it's lifetime] ownership shall revert directly back to it's breeder, including all AKC papers. At no time may this Mastiff be sold, given, or ownership transferred in any way, to a third party without expressed written, signed and notarized, agreement from it's breeder and no other excuse shall be valid.
b) In the event the owner must release custody of the dog, they shall first make a sincere attempt to contact the breeder. If after (7) days the breeder can not be contacted, or should the owner need to immediately release custody of the dog, the owner shall contact the authorized persons listed below to take possession of the dog. They shall make known to the contact the name of the breeder and provide them with all records and AKC papers in relation to the dog.
These persons are as follows:
Provided on contract)c)Transportation in return of the dog to the breeder shall be the responsibility of the dog's owner. They agree to help with the transportation in getting the dog back to the breeder, or authorized contact in item 7(b). The owner shall pay all expenses incurred in return of the dog.
d)The breeder agrees to reimburse the owner for the price of the dog/bitch after it is resold, at the fair price it is resold, which the breeder shall deem as reasonable. The owner understands that the breeder will take into consideration the dog's age, health, and temperament conditions in the reimbursement price of the dog, and that the refund price shall be minus the breeder's expenses incurred on the dog. Owner understands that an older dog can not be reimbursed for the same price as a puppy.
e)In the event that the dog has not received adequate socialization or has health concerns, the breeder may use any refund due the owner for rehabilitation for the benefit of the dog. Copies of receipts shall be provided to the original owner upon request. In any, and all, cases; both parties agree that the very first concern shall be for the welfare of the dog.
f)In the event that the dog is placed with a third party instead of being returned to the breeder the principle owner agrees to reimburse the breeder in full for any and all expenses in retrieval of the dog, including transportation and any and all reasonable attorney fees; plus any monies allowed by the court as in Sect.12 a., and 12 b.
g)If this dog belongs to more than one person/party, and there is a division of properties due to separation and/or divorce, the dog shall not be held in litigation. Should custody of the dog be in question, or in the case of the owner/s' demise, the breeder has the right to enforce "Right of Possession" and immediately assume legal ownership of the dog from any person, pound, shelter, or boarding facility where it may be placed; including all records and AKC registration papers. Upon acquisition of the dog the breeder shall comply with item 7.(d); except reimbursement of the dog shall be divided by 50% to each original owner, minus the breeder's expenses.
h)Any litigation commenced shall take place in the state and county of Weakley County, Tennessee. Either party shall contact the second party in notification of such action and proof of such notification shall be provided to the court. In the event of their absence from court on the date set forth, both parties do hereby agree to abide by the decision of the court of Weakley County, Tennessee; and further understand that action to enforce the decision of this court will be taken within their state, or any state or county, to execute the decision of the court of Weakley County, Tennessee.
(Contract Provision for FEMALES)
8.a)For the protection of the breed, the health and well being of this Mastiff bitch, and the protection of the Mastiff population, the new owner hereby agrees to not breed this bitch more than 3 times unless such conditions result:
A breeding does not produce a litter.
The litter results in only one live puppy.
A litter is stillborn. (This clause includes count of any accidental breedings)b)Further, the owner shall never breed this bitch in successive heats, but shall wait one year between litters unless one of the above conditions shall apply; or unless advised by a veterinarian for treatment of pyometra or metritis; in which case the owner shall provide a letter signed by the veterinarian to the breeder at least 30 days before the bitch's next heat.
c)This bitch will not be bred before her second (2nd) birthday nor after her seventh (7th) birthday.
d)The owner shall never breed this Mastiff bitch to any other than a respectable specimen of her own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults.
e)Before breeding this bitch the owner agrees to test this bitch for any genetic defects and agrees to not breed her unless she, and the male she is being bred to, is clear of the following:
OFA hips, OFA elbows, Eyes CERF, Thyroid Normal, VonWillebrand Disease Normal.(Contract Provision for MALES)
8. a)The breeder reserves Free Stud Rights to males bred by us for bitches of our choice for the purpose of keeping our bloodline available. This shall be after said dog reaches 12 months of age. Not to exceed three breeding sessions per year. It shall be the responsibility of the breeder to bring the breeding bitch to the male or pay to have the semen drawn and shipped and all expenses concerning the breeding shall be the breeder's responsibility.
b)The owner agrees to test this dog for any genetic defects and agrees to not use him as a stud unless he, and the bitch he is being bred to, is clear of the following:
OFA hips, OFA elbows, Eyes Clear (other than mild entropia/ectropia), Thyroid Normal, VonWillebrand Disease Normal.
c)The owner shall never breed this Mastiff to any other than a respectable specimen of his own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults.
d)The owner agrees to not knowingly breed this dog to any known puppymill, broker, or pet shop bitches; nor be used to sire litters for the purpose of producing puppies for the same. Neither shall it be allowed to sire litters for the purpose of producing stock for laboratory experimentation. It shall be the stud dog owner's responsibility to check the reputability of the bitch owner before breeding takes place. Should question arise as to the reputability of the bitch owner, the stud dog owner will not breed this dog to the bitch. They will first contact this dog's breeder before the breeding takes place.e)Stud owner agrees to not breed this dog to a bitch who has produced a litter of more than one live puppy within a 12 month period.
f)Further, the stud owner attests that should a litter occur from a mating, it will not result in the bitch owner producing over a total number of 8 (eight) litters produced within a 24 (twenty four) month period; owned or co-owned.
9.a)The purchaser shall receive a guarantee against `Genetic Hip & Elbow Dysplasia' until the dog reaches thirty months of age, at which time the dog can be officially tested for Hip/Elbow Dysplasia. Should the puppy develop this within that time frame, it will be replaced with another puppy (upon availability) with the return of the, alleged, dysplastic Mastiff, x-rays, and a veterinarian statement of genetic defect. The purchaser shall absorb the cost for this.
b)The breeder reserves the right to have the, alleged, dysplastic Mastiff examined by their kennel veterinarian for confirmation purposes, in which the breeder shall absorb the cost for.
9.c)This guarantee shall be absolutely nil and void if the dog has been given calcium or vitamin supplementation of any kind that has not been first agreed upon, stated in writing, signed and notarized by the breeder; even if recommended by a veterinarian and no other excuse shall be valid.10.a)The breeder will provide, to the new owners, at least a three generation pedigree (up to a seven generation upon request), a signed AKC (American Kennel Club) registration or transfer, complete instructions on care and feeding, a written statement of health by a veterinarian, and a record of inoculations and worming.
b) It shall be the responsibility of the purchaser to register this puppy with The American Kennel Club, within (2) two weeks of taking possession of this puppy.
11 a)The new owners has the right to, and is advised to by the breeder, to have this Mastiff examined by a veterinarian of their choice, (within seven days upon taking possession). If, within one week, the Mastiff is found to be in ill health after being examined because of breeding or early kennel care they may return the Mastiff for a full refund or another puppy (upon availability).
b)Should the purchasers decide to not keep the Mastiff, for other than health reasons, they have a seven day grace period to return it and shall receive an immediate refund with the return of the healthy Mastiff, minus the One Hundred dollars sincerity deposit fee and transportation expenses to return the dog to the breeder.12.a)In the event that litigation is commenced to enforce any of the terms of this Agreement the breeder's, being James & Donna Dick, shall be entitled to the costs thereof, including reasonable attorney's fees and expenses; plus five thousand dollars ($5,000.oo) in liquidated damages for damages to the breeder's kennel name and reputation; and the breeder's time, trouble, and mental duress.
b)In the event that litigation is commenced by the breeder due to`breach of contract' committed by the purchaser, the purchaser shall forfeit any monetary refund due the purchaser upon court awarding return of the dog to the breeder.13.From this day forward this Mastiff shall be recognized by a microchip. The owner is obligated to register the microchip with AVID (nation wide pet registry service) within two (2) weeks of taking possession of the dog. This microchip is located on the back just below the shoulder blades. Microchip #_______________.
(Provision for Show Prospect Puppy)
14.a)I/We understand the original purchase price on a Show Prospect puppy from this litter is $___________.00 In exchange for the special purchase price of $______________.00, instead of paying a higher price for the puppy; we do hereby agree, and make absolute promise to fulfill the following conditions:
b)We agree to prepare this Mastiff, beginning as a puppy, for the show ring by:
Regular Scheduled Socialization.
We acknowledge and agree to give special attention to abide by the terms in items 3c) of this contract, concerning socialization. In addition to item 3c, we agree to take this puppy to a public training class consisting of either an Obedience class, Canine Good Citizenship Class, Socialization class, or Conformation class. We understand that the breeder suggests Conformation class and Obedience Class, either concurrently or consecutively, but will accept any regular class where the dog is regularly socialized as long as this condition is fulfilled.c)Show Requirements.
In addition, we agree that this puppy will be shown in a pointed AKC (American Kennel Club)dog show a minimum of TWELVE (12) times (or six weekends) between its 1st (first) and 3rd (third) birthday or until the dog reaches an AKC Championship.
We realize that in SIX (6) of these shows the dog shall be handled by a professional handler unless the dog first completes its Championship. Show requirements will be considered met if the dog completes an AKC championship before the number of show requirements have been fulfilled. The owner shall make sincere attempt to win an AKC Championship title on this Mastiff before its third birthday, making all attempts to do so. Dog shows attended before this Mastiff's first birthday shall not count toward the number of shows required unless the dog wins Championship points at those shows.
d)One half of these requirements shall be fulfilled before the dog's second (2nd) birthday. That is; the dog shall be shown a total of six (6) times in pointed AKC Shows before the dog reaches two (2) years of age. Three (3) of these shows the dog shall be handled by a professional handler. Shows at which the dog wins Championship points may be considered counted as credit toward (Handler Shows), even if shown by a novice.
e)Both parties understand that the purpose of handler required shows is to give the dog a chance to be shown to its full potential. If a novice shows the dog, the dog may not be shown to its full potential.
f)Proof of show must be presented to the breeders within thirty (30) days after the dog's second (2nd) and third (3rd) birthday. This may be in the form of either/and/or AKC show results record, copy of show ribbons, copies of show photos, or signed letter from a professional handler. (Show catalog's are not acceptable as they do not prove the dog has actually been shown) All shows must be accounted for totaling the number to meet show requirements.15. Failure to Comply with Show Provision
We agree that if these conditions are not met within the time frame described herein, then the following conditions shall apply:
a)The breeder has the right to take possession of the dog and show it to a championship. Copies of all receipts will be provided to the owner. Upon payment of these receipts, the dog will be returned to the owner. Should receipts not be paid within 30 days, the owner shall sign ownership of dog back over to the breeder, including all AKC papers and breeder shall commit to item 7D of this contract on reimbursement to the owner. Breeder also has the right to enforce items 12.a & b of this contract should litigation be necessary.
b)In the event that the owner relinquishes custody of the dog after its second (2nd) birthday without the show requirements being fulfilled, then the owner and breeder shall deem that this dog was purchased as a pet and the breeder shall be due the difference between a pet and show quality puppy, which is $1,000.00. This amount will be taken out of the resale price of the dog.
c)Should the breeder not be able to show the dog, or deem the dog is not show able due to lack of socialization, or care, on the part of the owner, then the price difference between a pet quality and show prospect, which is $1,000.00 (one thousand dollars) shall be due and this amount will be payed to the breeder within 30 days after the dog's third (3rd) birthday. Whether or not the dog can be shown shall be the breeder's decision.d)If the owner acknowledges to the breeder, before the dog's second birthday, that they can not comply with the Show Provision then the breeder shall, at their option, make attempt to assist the owner in showing this dog to its Championship provided that the socialization and training requirements have been met.
16.In the case of extenuating circumstances where the dog can not, or should not, be shown or showing shall be delayed due to the fact the dog lacks maturity, or due to illness; the breeder may, at the breeder's discretion, make the decision to pardon, or delay, the showing of the dog without further obligations to show, or delay showing, on the part of the owner. This decision will be presented to the owner in writing, signed, and notarized, and no other excuse shall be valid.
17.I\We the undersigned, have thoroughly read and understand the contents of the entirety of this contract and its provisions herein. I/We do hereby acknowledge this to be a true and binding contract and by my/our signature/s we do hereby agree, and make absolute promise, to abide by it's terms, conditions, and Show Provisions stated herein.
18.This ____ day of _____________,200___, I/We, the purchaser/s agree to pay the sum of $___________.00; for a Show Quality Mastiff (sex)___________, puppy.
This puppy was whelped _____________,_____,200___.
AKC registration number _______________/_____. Microchip #: _____________A_.
Name of dog (if known):
Grandeur's__________________________________________________________
Purchasers:
Print Name:_______________________ Signature: _________________________
Print name:_______________________ Signature: _________________________
(Contract must be notorized)
Notary: Signature:___________________ Date: ___________Commission Expires:______________ Notary Seal:
19.As Mastiff breeders dedicated to the breed and as members in good standing of the Mastiff Club of America (M.C.O.A.), we recognize our responsibility to breed only the best specimens to compliment the betterment of the breed.
We sell/adopt this Mastiff, feeling in good faith it is a healthy and respectable compliment of it's breed. We hereby acknowledge this to be a true and binding contract. We agree, and make absolute promise, to fully abide by it's terms and conditions. We further agree to offer guidance to the purchaser in the rearing and showing of this Mastiff.
Breeder's Signatures
James E. Dick______________________________ Date:____________Donna Dick ______________________________ Date:____________
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