Snowcrest's Show Contract Sample Page

Snowcrest Show Contract Sample

Snowcrest Kennels Show/Breeding Contract
Seller: Snowcrest, Dan & Tracy Jarvis                  Buyer:
Address:                                                              Address:
City/State:                                                            City/State:
Phone: (360) 262-3442                                        Phone:
Email: snowcrest@myhome.net                             Email:

This agreement, between Buyer and Seller, herein above named, lists the terms of a transaction for the sale of the below captioned animal:

Breed: Chinese Crested                        AKC Number:
Registered Name:
Color:                                                  Date of Birth:
Price: $000.00                                     (hereinafter “Price”)

Terms and Conditions:

Dan & Tracy Jarvis, Snowcrest, referred to as SELLER. The other party referred to as BUYER. The animal listed above referred to as DOG, no matter the gender or age.

If this contract contains time payments under the “Other Terms” section, then please note that any monies received for deposits and/or payments are non-refundable.

If this contract is for a male dog, then Seller reserves stud services rights for the life of the dog at no cost for the stud service as long as the bitch in question is owned or co-owned by the Seller, however, if shipping is required to have a bitch bred that will be the responsibility of the Seller.

AGREEMENT: In consideration of the purchase price listed above, the Seller transfers all rights, privileges and responsibilities associated with the ownership of the above described dog (with the exception of terms that describe a co-ownership agreement) to the Buyer with the following conditions subsequent:

GUARANTEES BY SELLER:

(1) This dog is AKC registerable and Seller will furnish the AKC papers and pedigree. Purchase price includes: the dog with current shots, pedigree and AKC registration or application papers for the dog.

(2) This dog is considered a show prospect as determined by the AKC standard and the Seller. The following are a list of the things that the Seller guarantees to the quality of the dog:

(A) BITE: Hairless = Level or scissors. Buyer understands that missing teeth are allowed in the AKC standard. Powderpuff = Level or scissors.

(B) Both testicles for male dogs by one year of age.

(C) TEMPERAMENT: Environment and training are out of the Seller’s control, so Seller only guarantees sound temperament at the time of sale.

(D) EARS: Since the responsibility to tape and/or shave the ears of the dog to insure they will be erect is out of the Seller’s control once the dog leaves our kennel, so the Seller will not guarantee the ears past that time except to say that every possible effort will be made to insure the right start on the road to erect ears. However, the Seller does guarantee erect ears if the dog is older than one year of age at purchase.

(E) HAIR: Hairless = There is no guarantee on amount, placement or lack thereof of body hair, nor is there any guarantee on amount, placement or length of crest, socks or plume. Powderpuff = There is no guarantee on the final amount, length or texture of the powderpuff coat because environment and diet determines the above to such an extent that Seller cannot offer any guarantee except at the time of sale, hair is of good quality and condition for a show dog. However, in both varieties, the hair, or lack of it, will be within the AKC standard for a show prospect.

(F) EYES: Seller guarantees that this dog will pass a cerf eye exam to be given before being used for breeding. If the Buyer, does not have the cerf test before the dog is used in a breeding program, this guarantee becomes null and void.

(G) PATELLAS: Seller guarantees that this dog will pass a patella exam to be given before being used for breeding. If the Buyer, does not have the exam before the dog is used in a breeding program, this guarantee becomes null and void.

(H) SIZE: The dog is not guaranteed to be any particular size unless that size is so unusually large or small to prevent the dog from finishing an AKC championship (under 10” or over 14”).
Guarantee becomes null and void if:

(1) The dog has been used at stud or produces a litter of puppies.

(2) If the dog has been abused and/or injured at the Buyer’s negligence; this also includes if the conditions of the dog are contributed to by poor nutrition or anything beyond the scope of the Seller’s responsibility.

REPLACEMENT TERMS:

If the Buyer believes that the dog is to be replaced because of the above guarantees, the following applies:

(1) The dog must be returned to the Seller for evaluation, at Buyer’s full expense; or adequate pictures and/or video provided by the Buyer at their expense.

If Seller then determines that replacement is in order, the following applies:

(2) The dog will be replaced by a show quality prospect of like purchased (for example: a PP dog will only be replaced with a PP dog, etc.) from the next available litter of the Seller’s choice when it is available. No charge for the dog, however, Buyer pays all expenses that may be incurred such as transportation and all related costs.

Further conditions of replacement are:

(3) The original dog may be kept by Buyer if the dog is altered (giving the Seller proof is required BEFORE replacement dog is sent). Or the original dog and AKC papers sent to the Seller at Buyer’s full expense, again BEFORE replacement dog is sent.

(4) If there is a conflict between the Seller and the Buyer as to the merit of the dog, the decision will rest with a mutually agreed upon person who is familiar with the Chinese Crested breed and it's standard such as an AKC judge, professional handler or Crested breeder. NOTE: We do NOT consider missing teeth in the hairless or ears that will not stand erect to be flaws that would cause a dog not to be show quality. The ears will stand with proper taping, and if the Buyer does not tape the ears properly, it is not the fault of the Seller. (See #A and #D in the "Guarantees by Seller" section of this contract.)

Conditions of Sale:

(1) The dog must be shown in the confirmation ring at the Buyer’s full expense.

(2) The dog or progeny cannot be sold through a pet store or other like business.

(3) The dog will be maintained with normal and adequate veterinary care as required.

(4) IF BUYER IS UNABLE TO KEEP THIS DOG, for any reason, they must notify the Seller BEFORE placing the dog because Seller reserves the right to take the dog back. This dog cannot be sold or given away or reside anywhere other than the home of the Buyer with the exception of a the home of a handler when the dog is showing. Please note: Seller will not buy the dog back, but will assume responsibility of the dog, however, transportation and all related costs are the responsibility of the Buyer. Then if and when the dog is re-sold, the monies, minus board and any incurred vet bills, will be forward to the Buyer.

GUARANTEES BY BUYER:

(1) Buyer agrees to exercise normal care in maintaining this dog’s health. Routine preventative care includes the following: annual exams by a licensed vet, annual vaccinations and annual fecal exams. Normal care assumes that the Buyer will feed and provide fresh water for this dog, as well as give attention and love to the dog on a daily basis. If Buyer is found to be abusing or neglecting this dog by not following these MOST BASIC guidelines, the ownership of the dog will immediately revert back to Seller who may immediately assume possession of the dog. Seller’s reasonable attorney fees for recovery of the dog in such a situation will be paid for by the Buyer.

(2) This dog will be given adequate exercise time and will NEVER be permitted to roam at large. If Buyer is found to be abusing or neglecting this dog by not following these MOST BASIC guidelines, the ownership of the dog will immediately revert back to the Seller who may immediately assume possession of the dog. Seller’s reasonable attorney fees for recovery of the dog in such a situation will be paid by the Buyer.

(3) If Buyer is ever unable to or does not want to keep this dog for any reason, he/she will be returned to the Seller at Buyer’s full expense. This dog is NOT to be offered for sale or euthanized in a non-emergency situation without express written permission from the Seller. This dog will never be sold or given to a research facility. This dog is NOT to be placed in a shelter or humane society or turned over to a rescue organization. This dog is NOT to be given away or allowed to reside with another person other than the Buyer. Failure to comply with this requirement will entitle the Seller to a monetary fine in the amount of $2,500, paid by Buyer, as a result of Breach on Contract. Seller’s reasonable attorney fees for recovery of the dog and the collection of the fine will be paid by buyer. Additionally, rights and ownership of the dog will immediately terminate and revert to Seller who may immediately assume possession of the dog.

(4) This dog will be shown to its championship. Buyer may choose to show the dog himself/herself or to hire a professional handler at his/her own expense. All show expenses are the responsibility of the Buyer. Buyer agrees to advise Seller of all wins and placements. When advertising this dog, the full name INCLUDING the “Snowcrest” kennel name will be used. If Buyer is unwilling to finish the dog’s championship (assuming the dog turns out to indeed be show quality), the Buyer agrees to have the dog altered and not used in a breeding program. If the dog is left unaltered and is used in a breedng program either at stud or to produce a litter of puppies without express written permission of the Seller, it would be considered a Breach of Contract. Failure to comply with this requirement will entitle the Seller to a monetary fine in the amount of $2,500, paid by Buyer, as a result of Breach on Contract. Additionally, damages of $2,500 per puppy produced from any and all such breedings will be owed immediately to the Seller. Seller’s reasonable attorney fees for recovery of the dog in such a situation will be paid for by the Buyer. Furthermore, rights and ownership of the dog will immediately terminate and revert to Seller who may immediately assume possession of the dog.

(5) FOR SHOW QUALITY BITCHES ONLY: This dog will not be bred until she finishes her championship and reaches at LEAST her second heat cycle. Buyer promises to place any pet puppies out of this bitch on limited registration and spay/neuter contracts only. No puppies out of this bitch will be sold to pet stores, puppy mills, commercial breeders or any type of “resale” operation. If it is found that the bitch was bred before finishing her championship or before her second heat cycle or if the puppies from this bitch are found being disposed of through pet stores, puppy mills, commercial breeders or “resale” operations, or if pet puppies are found to be sold on full registration without spay/neuter contracts, the Seller’s reputation could be damaged. Therefore, damages of $2,500 per puppy from any and all such breedings and $2,500 for the bitch will be owed immediately to the Seller. Seller’s reasonable attorney fees for recovery of the bitch and puppies and the collection of the fine will be paid by the Buyer. Additionally, rights and ownership of the dog will immediately terminate and revert back to the Seller who may immediately assume possession of the dog.

(6) FOR SHOW QUALITY MALES ONLY: Buyer agrees to only breed this male after he has obtained his AKC championship unless express written permission is obtained from the Seller; and only bred to females of quality who are owned by trustworthy and responsible people. The owners of the bitches must agree to place all pets resulting from the litter sired by this dog on limited registration and with spay/neuter contracts. If it is found that this male was bred before finishing without written permission from Seller or that his pet puppies have been placed on full registration without spay/neuter contracts, the Seller’s reputation could be damaged. Therefore, damages of $2,500 per puppy from any and all stud services will be owed immediately to the Seller. Seller’s reasonable attorney fees for recovery of the male and collection of the fine will be paid by Buyer. Additionally, rights and ownership of the dog will immediately terminate and revert back to the Seller who may immediately assume possession of the dog.

(7) The Seller will be notified within 3 weeks of any address or phone number changes of the Buyer and the Seller will do the same to the Buyer.

(8) If the dog is not already named and registered with AKC, Buyer agrees that as a condition of the sale of this dog, it will include the Seller’s kennel name of Snowcrest as the prefix (or first word) in the dog’s name. Buyer may use any call name of their choice.

(9) Buyer agrees that upon the death of the Buyer, if the immediate family does not decide to keep the dog, the ownership of the dog reverts back immediately to the Seller and the cost to transport the dog back to the Seller will be paid for by the Buyer’s estate.

(10) Buyer agrees that this contract will be bound by the laws of the State of Washington and that any dispute regarding this contract will be settled in a Washington court.

OTHER TERMS:

(1)

By signing below, both Buyer and Seller agree to all the terms and guarantees herein above listed.

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Tracy Jarvis of Snowcrest Kennels & Aviary