DOG OWNERSHIP AGREEMENT

DOG OWNERSHIP AGREEMENT

 

This Dog Ownership Agreement (“Agreement”) is made and entered into as of ______, 202_ by and between Christy Cameron (“Breeder”) and __________, (“Buyer”). The Breeder and the Buyer may be referred to individually as a “Party” or collectively as the “Parties.”

 

STATEMENT OF PURPOSE

 

Breeder is in the business of breeding Golden Doodle dogs and desires to sell a puppy out of the breeding line of Breeder to Buyer. The Buyer is willing to buy such puppy from Breeder under the terms and conditions set forth in this Agreement. Breeder and Buyer, intending to be legally bound, agree as follows:

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1. Identity of Dog The “Dog” subject to this Agreement will be identified on the attached form called, “Identity of Dog Form.” The attached form is incorporated here but cannot be completed until the puppies are born and the Buyer has chosen which puppy he or she wants. Once the Buyer chooses the puppy, then the Breeder will complete the Identity of Dog Form. The Buyer will review and confirm that the information correctly identifies the puppy Buyer has chosen by signing and dating the Identity of Dog Form.

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2. Consideration Breeder agrees to sell to the Buyer the Dog for __________ Dollars ($0000.00). The Buyer will secure a hold for the Buyer’s choice of puppy upon execution of this Agreement along with a non-refundable deposit of $500 and can be paid with cash, Paypal, or Venmo. The non-refundable deposit can be applied to another puppy if the Buyer changes mind on the choice of puppy. The remaining balance of _______ Dollars ($0000.00) must be paid in full prior to the puppy leaving the Breeder’s possession. Breeder accepts only cash for final payment. (Other payment types acceptable if paid and cleared before final pickup of puppy.)

 

3. Terms and Conditions

The Buyer agrees to provide a life-long commitment, comfortable environment, prompt medical attention, proper grooming and responsible care for the Dog. This includes keeping the Dog parasite free and up to date with inoculations, proper nutrition, which consists of a good quality feed given at regular intervals, and fresh water at all times.

     i. The Buyer agrees to provide a safe environment for the Dog and will never allow the Dog to roam freely without proper fencing or supervision.

     ii. Buyer will house the Dog indoors only. The Dog is not an outdoor dog.

     iii. The Buyer agrees to contact the Breeder immediately if any questions or concerns arise about the Dog, such as housing, diet or health.

     iv. Buyer understands that the Dog is a “pet quality” dog and it is a representation of its breed.

     v. Buyer understands that Breeder highly recommends training continuation in Puppy Culture as well as classes for a happy relationship                       between the Dog and family.

 

4. Breeder’s Guarantee: Health of Dog The Breeder guarantees the Dog to be of sound health and temperament at the time of sale. The Breeder will provide a current health record of all shots and worming. Condition: The Buyer agrees to take the Dog to a licensed veterinarian (“Vet”) of their choice within 72 hours for a physical examination. Should the Dog be determined to be of ill health, the cause of which the Breeder is clearly to blame, the Dog may, upon a signed written diagnosis from the Vet, be returned for refund of the purchase price. The Breeder is not responsible for any fees associated with care of the Dog.

 

5. Breeder’s Two Year Genetic Health Guarantee Breeder’s two year “Genetic Health Guarantee” is based on the following:

     A. Nutrition is such an intricate part of the health and development of a puppy, Buyer will ONLY feed the Dog high quality dog food rated 4 stars            or above (found at dogfoodadvisor.com).

     B. During first year of the Dog’s life the Dog cannot be run on asphalt or cement (grass and dirt is ok), this will void the guarantee against hip dysplasia. If the Dog is found to have a genetic disease substantiated by a written report from a licensed Vet, then the Buyer has the option of surrendering the Dog to the Breeder and acquiring a new puppy from the Breeder. Or the Buyer may keep the Dog and still acquire a new puppy from the Breeder.

 

6. Breeding Rights The Buyer agrees not to use this Dog for breeding and agrees to have it spayed or neutered at the appropriate age recommended by the Vet (usually 12 months for males and after first heat cycle for females).  Breeding of Dog may result in litter surrender,  fine, and possible repossession of original Dog.

 

7. Repossession if at any time the Buyer can no longer retain possession of the Dog, the Breeder is to be notified and given a first option of resuming full ownership of the Dog. NO REFUND WILL BE GIVEN. It is the responsibility of the Buyer to:

     A. Arrange for the return of the Dog

     B. Pay for any travel expenses or costs associated with returning the Dog; and

     C. Provide all papers and medical records to the Breeder upon return. Should any circumstances arise that affect the quality of life of the Dog,              the Breeder is to be informed to help participate in determining the future of the Dog. The Breeder reserves the right to approve or prohibit                any transfer of the Dog to a third party. Under no circumstances will this Dog be sold, leased, traded or given away to any pet store, research            laboratory, animal shelter or similar facility.

 

8. Assignment of Contract Neither this Agreement nor any duties or obligations under this Agreement may be assigned by either party without the prior written consent of the other.

 

9. Indemnification Each party shall insure that its employees, agents, family members or those residing with each Party, present in either Party’s residence, or present near the Dog (“Affiliates”), if any, take all actions necessary to comply with the terms and conditions set forth in this Agreement and all applicable laws, regulations, rules and/or contractual duties either party may be subject to. Buyer agrees that Breeder and Affiliates are not responsible or liable for any laws broken, fines or penalties incurred, accidents, damage to property, injury to person, claims for intentional infliction of emotional distress, nuisance, assault, battery, or damage to property whether unintentional or intentional by the Dog once Buyer takes possession of the Dog. Buyer acknowledges responsibility and assumes all liability for all actions by the Dog warrants and represents that it’s care of the Dog and those who come in contact with the Dog will not (1) violate any federal, state or local law or regulations; (2) in any way violate or infringe upon any party’s privacy right or any other right of any person or entity. Buyer shall specifically indemnify Breeder and Affiliates against any loss, claims, demands, action, proceedings, damages, costs, charges, and expenses, which may be made or brought or commenced against Buyer for the Dog’s actions. Buyer will further indemnify and hold Breeder and Affiliates harmless from any damage to Buyer’s personal or real property, harm or any other type injuries to persons, etc. resulting from the Dog’s actions.

 

10. Jury Trial Waiver The parties hereby irrevocably and knowingly waive, to the fullest extent permitted by law, any right to a trial by jury in any action or proceeding arising out of this Agreement. The parties agree that any such action or proceeding shall be tried before a court and not a jury. In the event the parties’ waiver of a trial by jury is deemed invalid, the parties hereby agree that any action or claim arising out of any dispute in connection with this Agreement, any rights, remedies, obligations, or duties hereunder, or the performance or enforcement hereof or thereof shall be determined by judicial references.

 

11. Attorneys Fees In the event litigation shall be instituted to enforce any provision of this Agreement, the prevailing party in such litigation shall be entitled to recover reasonable attorneys’ fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled.

 

12. Amendment No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. No oral statement to either Party may alter the terms of this Agreement.

 

13. Severability If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

14. No Waiver of Contractual Right The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right subsequently to enforce and compel strict compliance with every provision of this Agreement.

 

15. Governing Law The parties agree that this Agreement shall be governed by, and construed in accordance with, the laws of the State of Utah.

 

16. Consent to Personal Jurisdiction The Parties hereby expressly consent to the personal jurisdiction of the state and federal courts located in Utah for any lawsuit filed there by either Party arising from or relating to this Agreement.

 

17. Notices Any notice or other communication provided for herein or given to a party shall be in writing and shall be given in person, by email, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective party. Notices sent in accordance with this Section shall be deemed effective on the date of dispatch. Any changes in the information set forth in this Section shall be upon notice to the other party delivered in the manner set forth in this Section. Both parties agree to keep each other informed as to current mailing addresses, telephone numbers and email addresses.

 

18. Entire Agreement This Agreement constitutes the entire understanding between the parties, and supersedes all prior agreements and negotiations, whether oral or written. There are no other agreements between the parties, except as set forth in this Agreement. No supplement, modification, waiver, or termination of this Agreement shall be binding unless in writing and executed by the parties to this Agreement.

 

IN WITNESS WHEREOF, the parties have executed this Agreement in the state of Utah the day and year set forth above.

 

BREEDER: Christy G. Cameron

BUYER: ________________

 

 

 

 IDENTITY OF DOG FORM

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The “Dog” subject to this Agreement is identified as:  A (fe)male, Mini F1 Golden Doodle

Named:__________

Litter # 1 out of Sire ___________ and Dam __________

Dog’s date of birth is: _______, 202_

Puppy collar color is: ______

 

The Buyer confirms that the information above correctly identifies the puppy Buyer has chosen.

 

BUYER: ___________

Date: ______, 202_