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Aloha Papillons |
This agreement, made this _________________ day of ______________, 200_, between
Alisha Adrian, herein after called Aloha Papillons,
owners of the Papillon stud dog:
Athame's Magick AKC# TP23385302
and ________________________________________________________________
(Breeder),
Residing at __________________________________________________________________
Phone: _________________ (cell) ______________
Email_____________________________
Owner(s) of the Papillon Female _______________________________
AKC#_______________
whereby the above stud dog will be bred to the above female on the
following terms:
1) The fee for this mating will be $_1,000.00_.
A non-refundable breeding/handling fee of
$500.00 is due at the time of this contract
signing as part of the stud fee to Alisha Adrian
with the remainder due one month later after a
veterinarian exam has confirmed that the female is
pregnant. Payment for the balance by; cash,
cashiers check, or money order will be made at that
time. The stud owner will not sign
paperwork for that litter registration until full payment has been
made. In the event that the female loses the
entire litter of puppies, another breeding will be
scheduled free of charge within the next year for
that dog unless the female is shown to have
problems concieving or carrying puppies.
a) The breeding handling fee includes the cost of board
for the first 10 days the female is at Aloha
Papillons. Thereafter the
Breeder(s) shall pay an additional $10.00 a day until the female is back
in their care.
2) The Breeder(s) certifies that the female dog is free of any
known congenital unsoundness including:
open fontanel, patella luxation, eye abnormalities, malocclusion,
etc. Breeder will provide any health
certifications, i.e.: eye, knee, heart and pedigree
with health disclosures.
3) Aloha Papillons certifies that the stud dog is free of any
known congenital unsoundness including:
open fontanel, patella luxation, eye abnormalities,
malocclusion, etc.
4) Aloha Papillons certifies that the stud dog is free of any
contagious diseases at the time service is
provided.
5) The Breeder(s) certifies that the female dog is free of any known
contagious diseases at the time
service is provided. A
vet health certificate is required with pedigree paperwork of this
certification.
6) The Breeder(s) agree not to transfer ownership of the female
until after the litter being created
is born.
7) The breeder(s) agree that any pet puppies which may have Papillon
breed standard disqualifications,
severe faults or do not carry good
qualities to complete a champion title resulting from this breeding
are to be spayed/neutered and not used for
breeding.. Any puppy which is several mismarked, has
an open fontanel, a bite other than scissors or a
luxated patella will be considered pet quality and
sold with a spay/neuter contract and limited
registration.
8) The breeder(s) agrees that the use of this dog is
predicated on the protection of the bloodline
represented by this dog. Further:
a) The breeder(s) agree only truly show quality puppies be represented as
such and sold as such.
All pet quality
puppies from this breeding will be sold as pet quality with a spay/neuter
contract.
9) This agreement is personal to the parties and is not assignable
or transferable in whole or in part.
Any such attempted assignment shall be void and
shall constitute a breach of this agreement.
10) This agreement contains
the entire agreement between the parties regarding the subject matters
addressed herein. All other
agreements and representations between the parties relating to the
subject matter hereof, whether oral
or written, are hereby superseded by this agreement. No
modifications or waiver of any of the
provisions, or any future representation, promise or addition
shall be binding upon the parties
unless agreed to in writing. The terms of this Agreement, including
any appendices hereto, shall
supersede any conflicting pre-printed of standard terms, which may
have been discussed or agreed to by
the parties.
11) It is stipulated by and between the Breeder(s)
and Aloha Papillons herein, that failure to comply
with the conditions of this contract shall
constitute a "breach of contract" and liquidated damages
in the amount of $2,500.00
per breached occurrence will be payable to Alisha Adrian of
Aloha
Papillons.
12) This agreement is to be
interpreted and enforcement of this agreement shall be governed by
the
laws of the state of Hawaii or the
state in which Aloha Papillon resides . Any action or proceeding
bought by any party concerning a
dispute arising hereunder shall be brought to court of competent
jurisdiction located in Hawaii
or the state in which Alisha Adrian is currently a resident in. It
is
further agreed that in any legal
action between the parties attempting to enforce any part of this
contract, Aloha Papillons shall be
entitled to recover all expenses from the breeder(s), including
attorney fees.
13) If any clause of
this contract shall be found to be illegal and unenforceable, the
remaining parts of
this agreement will not be voided.
14)
Each party hereby acknowledge that she/he had an opportunity to review
this agreement, including
the opportunity to consult with an attorney
if she/he so chooses and that this agreement is entered
into knowingly, voluntarily, and an
understanding of the terms hereof. No party has relied on any
representation other than the terms of this
agreement.
Breeder(s): _____________________________ Stud Dog Owner_________________________
Date: _________________________________ Date: __________________________________
Witness: ______________________________ Print Witness Name________________________
Date: ________________________________
Notary for Agreement Signature:
IN WITNESS WHEREOF, I ahve hereto set my hand and seal
This _____________ day of ____________, 20_____.
Signed: ____________________________________________________________
Amendments or Additional Comments: _____________________________________________
___________________________________________________________________________
___________________________________________________________________________