CO-OWN CONTRACT FEMALE

Transcription

1 CO-OWN CONTRACT FEMALE Into The Blue Great Danes/ Jill Koehler, herein after referred to as Breeder does hereby enter into a co-ownership agreement with, herein after referred to as Co-owner, with one female Great Dane puppy for the amount of _$ U.S. Dollars. DESCRIPTION OF PUPPY/DOG: Date Whelped: Color/Markings: Place of Birth: Englewood, Ohio Sex: Registered name: Call name: Litter registration # Registration number: Microchip number: Sire s Name: Sire s Registration Number: WS Dam s Name: _Into The Blue s + Dam s Registration Number: WS Name of Registry: American Kennel Club Type of Registration: Limited Full Co-ownership X 1

2 CONDITIONS OF CO-OWN This contract takes effect when the Co-owner takes possession of the pup. The date of the transfer of this pup is. Any payment plan details specific to this contract are outlined below. a. Breeder has the right to terminate this agreement at any time, if the Breeder finds the Co-owner unfit for any reason. (Initial) b. In the event that the dog is found to be in poor condition, neglected, underfed, or is ill and is not being treated, while in the care of the Co-owner, the Coowner agrees to surrender the dog back to the Breeder upon request, without delay, and will not be responsible for any further payments on the dog. Failure to comply with returning the dog will result in legal action against the Co-owner, and a daily penalty of $ (one thousand) dollars per day, for each day the dog is withheld from the Breeder. (Initial) c. If the Co-owner defaults and fails to make their payments on time, the Breeder may, at her discretion, request that the dog be returned immediately, and without further compensation to the Co-owner. Failure to return the dog upon request will result in legal action against the Co-owner, and a daily penalty of $ (one thousand) dollars per day, for each day the dog is withheld from the Breeder. (Initial) d. The co-own cost for the pup is $ e. Breeder agrees to a payment plan with the Co-owner of a four hundred (400.00) deposit, upon delivery of the puppy to the Co-owner, and 4 monthly payments of four hundred ($400.00) for 4 consecutive months, until the balance of the Co-owner down payment of two thousand ($ ) is paid in full. Payments will be due on or before the 15th of each month. Failure to remit payments on time will result in repossession of the puppy with no compensation to the Co-owner. (Initial) A. This pup,, comes to the Co-owner pre-registered to the Breeder, and will remain solely in the Breeder s name. The Breeder agrees to permit the Co-owner to use the pup, after the age of eighteen (18) months, or on her second heat, as a breeding female. (Initial) B. Any outside males intended to be used with this female will be solely approved by Into The Blue Great Danes/Jill Koehler. (Initial) C. The Co-owner is permitted to keep one pup from each litter from the co-owned female, with full breeding rights. All other pups from the litters will be sold as pets on limited contracts. The pups kept by the Co-owner, and any sold by the Co-owner, will have Into 2

3 The Blue as the primary kennel in their registered names, but may also have the Coowner s kennel name as well. D. First generation pups kept from the co-owned bitch will be placed on an Into The Blue full rights contract, and will be subject to the take-back clause, if the Co-owner, for any reason, cannot continue to care for and house the dog. E. The Co-owner agrees to split the litter profits, after all expenses, at 70 percent to the Coowner, and 30 percent to the Breeder. If the Breeder chooses a pup from the litter in lieu of the cash compensation, the Breeder will take second pick, after the Co-owner, and will take only one puppy. (Initial) F. Co-owner is required to ensure that puppy receives all required vaccinations and preventatives by a licensed veterinarian during the warranty period, or, if vaccines are self-administered, the co-owner will keep evidence of such. (Initial) G. Should the unlikely and unfortunate event occur, that of the puppy s death, within the two (2) year warranty period, Co-owner is required to obtain a signed statement from a licensed veterinarian confirming the event, and an autopsy of the puppy must be performed by a licensed veterinarian. (Initial) H. The co-own puppy/dog has been health checked by a licensed veterinarian before transport to the Co-owner s home, and is current with all vaccinations and worming. I. Co-owner must submit/share photos of the pup monthly, at minimum, with the Breeder. Photos can be shared via Facebook by tagging the Breeder as notification, or can be submitted by private message or to jillkoehler@woh.rr.com. Failure to keep in contact with the Breeder will result in this contract becoming void, and the Co-owner will be subject to having the pup repossessed with no compensation to the Co-owner. (Initial) J. Any pup sold by Into The Blue Great Danes is not to be registered with any other registry, other than the American Kennel Club, or the Canadian Kennel Club. Any violation of this clause by the Co-owner will result in a monetary penalty to the Coowner of two thousand dollars ($ ), and repossession of the dog by the Breeder, with no compensation to the Co-owner. K. This dog is never to be rehomed, without the express written consent of the Breeder. (Initial) L. Co-owner agrees to split the cost for health testing with the Breeder. All x-rays, heart testing, eye testing, and blood work for the Orthopedic Foundation for Animals certification expenses will be split evenly between the two parties. 3

4 M. In the event of an accident or unexpected health event concerning the pup, the Breeder agrees to split any veterinary bills that arise from that circumstance at 70 percent for the Co-owner, 30 percent for the Breeder, providing that the circumstance was not caused by the Co-owner, either through intent or negligence. CARE OF GREAT DANE A. Co-owner is required to feed his/her Great Dane puppy a high quality, low percentage of protein, dog food. Under no circumstance should the protein level of the dog food be higher than 26%. An acceptable range is between twenty-two (22) twenty-six (26) percent. (Initial) a. NOTE: i. If Co-owner chooses to feed a higher protein content food to his/her Great Dane puppy, puppy s health would be at risk. Hypertrophic Osteodystrophy (HOD) and Panosteitis are serious complications that can affect the lives of young, growing Great Dane puppies due to improper protein levels in their food. b. Health issues caused by feeding puppy improper food are not covered by the health guarantee. (Initial) B. Co-owner understands and commits to not heavily exercising this Great Dane puppy until after the puppy has reached the age of two (2) years old. Care should still be taken after the puppy has reached the age of two (2) years old if strenuous exercise is going to be done by Coowner with his/her Great Dane. (Initial) a. NOTE: i. Strenuous exercise, such as, running, biking, or performing any other physically exerting exercise with the Great Dane can cause damage to the puppy s joints or health. b. Should Co-owner do physically exerting exercise with puppy, Co-owner s negligence will void this contract and Co-owner will be solely responsible for any and all veterinary care for his/her negligence. (Initial) C. Co-owner agrees not to take his/her Great Dane puppy into public places, such as parks, family get-togethers, or community dog parks, until at least thirty (30) days after the puppy has received all of his/her vaccinations. (Initial) D. Co-owner agrees that puppy will receive any and all necessary veterinary care to maintain good health throughout the life of his/her Great Dane. Failure to do so within the first two years of ownership of the puppy will void this contract and Co-owner is required to return puppy to Into The Blue Great Danes Jill Koehler. Co-owner forfeits all monies paid if this 4

5 clause is exercised by Into The Blue Great Danes for Co-owner s failure to comply. (Initial) GREAT DANE PUPPY HEALTH WARRANTY A. Co-owner must retain all copies of statements from the licensed veterinarian during the time the dog is in the Co-owner s possession, and produce said copies to Breeder if requested, or otherwise provide proof that proper vaccines have been administered. (Initial) B. If Co-owner s Great Dane puppy dies within the two (2) year warranty period, Co-owner must obtain, at Co-owners cost, a signed statement from a licensed veterinarian that puppy has in fact died, and an autopsy of the dog must also be obtained by Co-owner, at Co-owner s cost. (Initial). C. Breeder will provide a vaccination record of the purchased puppy/dog to Co-owner upon pick up of puppy by Co-owner. Should the Co-owner fail to provide vaccinations to his/her puppy when due, and puppy contracts diseases that would otherwise have been prevented by those vaccinations then this warranty is voided and Co-owner is required to return puppy to Breeder. No refund of any kind will be given to Co-owner. (Initial) D. Breeder is not responsible for any medical costs incurred by Co-owner once Co-owner receives his/her puppy. Breeder guarantees the above-described puppy to be healthy at the time of sale. Co-owner shall assume any liability for any injury to the puppy after the time of sale. If any problem arises with the puppy within the two (2) year warranty, then both Breeder s and Co-owner s veterinarian must agree that said health issues existed before time of purchase, and Co-owner must provide evidence that Co-owner has been properly caring for puppy while in Co-owner s possession. (Initial) E. If Co-owner has failed to properly care for puppy, or fails to have the necropsy done of puppy, the warranty will not take effect and Breeder will not be required to replace the puppy, or refund any monies paid to Co-owner. (Initial) H. Co-owner agrees to provide annual vet exams, including heartworm checks and preventatives, flea preventatives, and to have vaccinations given as necessary, and to maintain records of such. Failure to do so will void the warranty outlined in this agreement. (Initial) I. Co-owner agrees to keep puppy in the house, and will at no time be housed outside, or chained. Co-owner also agrees that puppy will be provided with a safe and fenced yard. Failure to comply with this clause will result in a monetary penalty of $ , payable to the Breeder, and repossession of the dog by the Breeder. (Initial) 5

6 CO-OWNERSHIP AGREEMENT a. Females approved to be co-owned on full contracts with the intent to be bred are not to be bred until the age of eighteen (18) months, or upon their second heat. (Initial) b. The co-owned dog will remain registered in Breeder s name. After breeding career is over and dog is spayed (with copy of vet bill and picture of incision), breeder agrees to sign limited registration papers over to co-owner. Limited registration includes the clause that if at any time in the dog s life the Co-owner can no longer care for the dog, it must be returned, without compensation, to the Breeder. (Initial) c. Co-owner is 100% responsible for any damages, injuries, or deaths caused by the co-owned dog. BREEDER IS NOT RESPONSIBLE FOR DAMAGES, INJURIES, DEATHS, OR ACCIDENTS INFLICTED FROM CO-OWNED DOG. (SIGNATURE HERE) d. The co-owner is responsible for feeding, vetting, and caring for the dog for the life of the dog. (Initial) e. The Breeder will decide when co-owned females are bred, who they are bred to, and how many times they are bred, to insure they are not over bred or bred to the wrong dogs, or at the wrong age. (Initial) TAKE BACK GUARANTEE A. Co-owner agrees that in the event that he/she is unable to keep the puppy, for any reason, it is to be returned to the Breeder, with the dog s current health records. No refunds will be given. (Initial) B. If the dog is returned to the Breeder, the dog will either remain with Breeder for the rest of its life, or will be rehomed in a suitable setting, approved by Breeder. C. Co-owner is responsible for any and all associated shipping costs if Co-owner has to return the puppy for any reason. (Initial) D. UNDER NO CIRCUMSTANCES: a. Is the dog to be placed in a pet shop, animal shelter or similar establishment, or sold or given to anyone else. i. Co-owner is REQUIRED to return his/her puppy to Breeder only. b. Is this dog to be used in dog fighting or similar activities. 6

7 c. Is this dog to be rehomed by Co-owner, nor shall the ownership of this dog be transferred to any party other than the Co-owner, unless express written permission is given for such by Breeder. (Initial) E. If Co-owner or any member of Co-owner s household is convicted of animal abuse or neglect, the ownership of this puppy will immediately and irrevocably revert to Breeder. (Initial) MISCELLANEOUS PROVISIONS A. Co-owner s new puppy should continue to be dewormed until at least sixteen (16) weeks of age and should have a minimal of three (3) sets of shots but Breeder recommends four (4) sets. All shots should be done three (3) weeks apart. (Initial) B. Pet insurance is recommended. Because of the size that Great Danes obtain once adults, injuries and health issues are inevitable in the dog s life. Breeder therefore recommends pet insurance. C. Breeder recommends that Co-owner consider obedience classes for his/her new puppy. It is highly recommended if Co-owner has little to no experience with training dogs, or with large dogs such as Great Danes. Attending obedience classes with your Great Dane will help to ensure that the dog is respectful and well behaved once the dog is adult size. D. Into The Blue Great Danes offers a one-time $50 rebate per puppy on the purchase price of all of puppies upon proof submitted by the Co-owner, to Into The Blue Great Danes, of completion of a sanctioned AKC obedience or Good Canine Citizen class. We want our pups to be good citizens! E. The most important thing that can be done to help ensure great health for the Great Dane puppy Co-owner has purchased is for Co-owner to ensure that the new puppy obtains exercise every day, consistently, and on a leash. Co-owner should not allow puppy to walk ahead of him/her. For best results in obedience, puppy should walk beside their masters at all times. Structured exercise makes for a happy, tired puppy, and a tired puppy is less inclined to get into trouble. Exercise, then discipline, THEN affection should be given. ENTIRE AGREEMENT A. This contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written. This contract supersedes any prior written or oral agreements between the parties. 7

8 AMENDMENT A. This contract may be modified or amended if the amendment is made in writing, signed by both parties, and attached to this contract. SEVERABILITY A. If any provision of this contract 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 Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. APPLICABLE LAW A. This contract shall be governed by the laws of the State of Ohio. All proceedings are to take place inside the Montgomery County of the State of Ohio District. BREACH A. Violations of this contract shall constitute a breach of contract, prosecutable by law, and may result in mandatory confiscation and return of the said puppy to Breeder. I have read and understand the provisions contained herein and agree to be bound by the rights and restrictions of this agreement. Printed Name of Co-owner Date Co-owner s Signature Co-owner s Address Co-owner s Phone Number Co-owner s Address Co-owner s Driver s License Number/State Issued/Expiration Date Printed Name of Breeder/Breeder s Rep Signature of Breeder/Breeder s Rep/ Date 8

9 NOTARY PUBLIC State of: County of: On / /, before me,, personally appeared. is: [ ] Personally known to me, OR [ ] Proved to me on the basis of satisfactory evidence to be the person whose name is/are subscribed within and has hereby acknowledged to me that he/she/ has executed the same in his/her authorized capacity, and that by his/her signature the person or the entity upon behalf of which the person acted, executed this contract. Witness my hand and official seal: Notary Signature Print Name 9