Payson s Handling Services

Transcription

1 HANDLING, SHOWING AND TRAINING AGREEMENT THIS AGREEMENT effective day of 201 Between ( the Client ) with a name and address of Name Name Address Phone Cell address And Perry D. Payson dba Payson s Handling Services ( the Handler ) with an address of South 93 rd Street East Ave., Bixby, OK address paysonshandling@yahoo.com & perrypayson@cox.net The Client is the Breeder, Owner or Co-Owner of the AKC Registered Dog and a Copy of the AKC Registration for said Dog is attached hereto. PLEASE SCAN AND PAGE 1 AND PAGE 7 ALONG WITH A COPY OF AKC REGISTRATION TO: PAYSONSHANDLING@YAHOO.COM. PERRY CANNOT STEP INTO THE RING WITH YOUR DOG UNTIL WE HAVE A SIGNED CONTRACT ON FILE. 1

2 AGREEMENT: IN CONSIDERATION of the mutual covenants herein contained it is agreed as follows: Employment: The Client does hereby employ the Handler and the Handler does hereby Accept employment on the terms and conditions herein after stated for a certain dog 1. Duties of the Handler: 1.A. In consideration of the compensation hereafter as described in Schedule of Fees, the Handler agrees to undertake the following services on behalf of the Client in respect of the Dog: 1.B. Board: The Handler to the best of his ability agrees to keep, maintain and care for the Dog in a manner in accordance with generally accepted of the dog show environment. 1.C. Specifically this care shall include maintenance of the Dog in a clean, safe and secure environment controlled for the comfort of the Dog. 1.D. The Handler, will in the exercise of his best judgment, order any emergency veterinary care for the Dog on behalf of the client if unable after reasonable attempts to contact the Client, and such care to be at the Client s expense. 1.E. The Handler agrees to provide sufficient food, water, grooming, exercise and attention in accordance with good and proper animal husbandry practices. 1.F. Conditioning and Training: the Handler agrees in addition to serve as described in Section 1B above to provide additional grooming, exercise if the handler in his sole discretion deems it necessary. 2. Handling: The Handler agrees in addition to present the Dog in a professional manner with both Handler and Dog suitably groomed for the AKC ring. 2.A. The Handler agrees to abide by the AKC Rules and conduct himself in the representation of the Dog in a good and sportsmanlike conduct with the sport of dog showing. 2.B. Priority: Priority means that the Dog will be handled by the Handler in preference to all other dogs in the event that more than one dog wins his or her class. 2.C. A Specials Dog will always take Priority to Class Dogs. 2.D. It is expressly agreed and acknowledged hereby that all dogs which are boarded and travel with the Handler have Priority to ringside dogs. 2.E. Ring conflicts shall be handled at the Handler s discretion. 2.F. It is the Handlers responsibility to find a substitute handler in the case of Priority conflicts for Winners Classes, and the selection of substitute handler(s) shall be the sole and absolute discretion of the Handler. Handlers rates shall apply for any services rendered by a substitute handler. 2.G. Exceptions: A Ringside Dog may obtain Priority by a specific agreement with the handler, whereby the ringside dog is paying Priority Rates equal to that of a 2

3 Traveling Dog, including the pro rata share of all shared expenses plus mileage fee equal to that paid by the other traveling dog to each show. 3. Employment of Personnel: The Handler shall use his best efforts if in his sole discretion it is deemed necessary to hire, pay, supervise, and discharge all personnel to be employed in order to carry out the services as described herein. Such personnel will be employees of the Handler and the Client will have no right to supervise or direct such employees. 4. Compensation of the Handler: 4.A. As payment for services rendered on behalf of the client, the Handler is entitled to receive a Board Fee and/or Monthly Training Fee and/or a handling Fee, or any other fees based upon the type of service provided in an amount in accordance with the current Schedule of Fees attached and hereby made part of this Agreement. 4.B. Payment for any partial month shall be on a pro rata basis in accordance with the daily fees. 4.C. Such board and Training fees, expenses on the behalf of the Client are to be paid by the Client when rendered. Any delinquent payments shall bear interest at the rate of 2.5% per month (18% per annum) after 30 days and calculated monthly and not in advance. Handling Fees: In the event the dog is booked with or traveling with the Handler, the Client is responsible for the handling fees for the Dog for the entire circuit and/or all shows booked, whether the dog is shown or not. SPECIALS-It is expressly agreed and acknowledged herby that if the Client arranges to have the handler show their Special for any said year. The client willfully accepts responsibility for handling fees and expenses whether the Special completes the full year or not. (An average amount will be calculated based on months prior) This said year begins on date of signature of contract and is completed at the Westminster Kennel club show the following year. 4.D. If the dog finishes its Championship before the end of the shows or circuit booked, the Client is responsible for the handling fees, board and expenses for the Circuit/Shows booked unless the Handler is able to replace the Dog with another Dog for the same Class. 5. Cancellation: 5.A. In the event the client decides to cancel after booking the show, adequate notice as described below, shall be required for the handler to replace the Dog being cancelled. 3

4 5.B. In all cases the Client must give notice in writing or by (and confirmed by ed reply or telephone call from the Handler or his designee) at least 14 (14) days prior to closing date of the cancelled event, or the Client is responsible for the Handling Fees, board, mileage and expenses for the shows/circuit booked. 6. Payment of Expenses: 6.A. The handler will pay expenses (but not including routine Veterinary expense which shall be the sole expense of the Client) incurred in connection with the services rendered for or associated with or on behalf of the Client as aforementioned and such expense shall be repaid to the handler as part of the account when rendered. 6.B. Deposit: $ deposit is required for all dogs boarding and traveling with the Handler. 6.C. The deposit will be considered payment of or for the accounts rendered. The deposit will be refunded in part or its entirety when the accounts are paid in full. 6.D. Show Expenses: The Client agrees to pay to the Handler the pro rata share (prorate based on the total number of dogs per trip) of the expenses incurred while in the course of travel to and from and while at dog shows and events in which the dog is in attendance, whether shown or not. 6.E. Expenses are calculated in accordance with the current Schedule of Fees, and include pro rata of hotels rooms for handler and assistant/s, parking fees and airline tickets and rental cars if applicable. Perry Payson personal dogs are not part of the calculations. 7. Specialty Shows: (traveling dogs and ringside dogs) 7.A. Specialty Show Deposits: All Specialty show bookings, no matter how far they are booked in advance, must be accompanied by a refundable $ This deposit will be applied to the final bill for the Specialty. 7.B. Specialty Show Expenses: The Client agrees to pay to the Handler the pro rata 8. Marketing: share (prorate based on the total number of dogs per show) of all the expenses (including, but not limited to: hotels, airline tickets, tips, parking fees) incurred by the handler and his assistant/s while in the course of travel to and from and while at specialty shows and events in which the dog is in attendance, whether shown or not. Perry Payson s personal dogs are not part of the calculation. 8.A. The Handler is authorized by the Client to have professional photos taken of All Breed Wins, Best of Opposite Sex Wins, Group Placements, Best in Show Wins 4

5 and Specialty Wins and Placements including Sweeps and Futurity unless the Client specifies otherwise prior to the Event. 8.B. The Client shall pay the Photographer s account in a timely manner for all the photos taken. Perry Payson as Handler shall be credited for advertising purposes with all photos and advertising during the course of the contract. 8.C. In the event the Dog finishes his American Championship, the Client shall in the month of November for the year that the dog is finished, place an advertisement in the Canine Chronicle handler s section announcing such title and shall specifically reference Perry Payson as the Handler. 8.D. In the event the Dog is sold to a third party through the assistance and /or efforts of the handler then, the Client agrees to pay the Handler a commission party in an amount equal to 15% of the sale price due and payable at the time of closing such a sale. 8.E. In the event a breeding is arranged through or as a result of the direct efforts of the Handler, a commission in the amount of 15% of the stud fee will be paid to the Handler, prior to the Client s registration of the Dog as the stud dog for that litter. 9. Related Services: Additional services requested by the Client and performed by the Handler such as transportation of the Dog for any purpose, veterinary transport, health clearances, additional showings, etc., shall be done so in accordance with the nature and scope of this Agreement, and the Client will pay for these services in accordance with the current Schedule of Fees. 10. Term: This Agreement will extend for a term commencing on the date hereof and ending on the Dog s departure, unless terminated pursuant to the provisions in subparagraphs 10A, 10B, 10C, or 10Dor as set forth in this paragraph. 10.A. Default: If the Client or the Handler defaults in the performance of their respective obligations hereunder and such default continues for thirty (30) days after written notice is personally received by that party alleged to be in default, then, in that event, this Agreement at the option of the non-defaulting party may be terminated by written notice at any time thereafter while such fault continues; provided however that if such a fault is corrected or with respect to defaults requiring action other than the payment of money, if action is undertaken within said thirty (30) day period and diligently pursued to completion. 10.B. Mutual Agreement: This Agreement may otherwise be immediately terminated prior to the specific termination date as described herein by mutual agreement of the Client and the Handler shall mutually arrange and agree upon terms of such termination. 10.C. One Party Termination: This Agreement may also be terminated by the Client or by the Handler with thirty (30) days advance written notice by certified mail or courier made by the Party seeking termination to the other Party. 10.D. The Handler will upon termination of this Agreement at the Client s sole expense: Surrender the records, if any, associated with the boarding and/or training and handling of the Dog. 5

6 11. The Client will upon termination of this Agreement: Make prompt and immediate payment in the form of cash, cashier s check or bank money order in the amount equal to any and all remaining charges due on account relating to the Dog which is due and payable up to and including the date of the dog s departure from the Handler, prior to the release of the Dog. The Client upon termination of this Agreement releases the Handler from all further obligations of any sort relating to the Dog and/or Client. 12. Assignment: Not withstanding Paragraph 2E and Paragraph 2F, this Agreement may not be assigned by the Handler or Client without the prior consent of the other party. 13. It is understood that the Client has placed reliance on the expertise, reputation and knowledge of the handler in the execution of this Agreement and that this Agreement is intended to be a contract for the personal services of the Handler. 14. Miscellaneous: Notices: Save and except where specifically set out herein to the contrary all notices required hereunder must be served personally or by registered or certified mail with postage prepaid, addressed to the parties at the addresses set forth above or at such other address as may from time to time be designated by written notice by either party. 15. Entire Contract: This Agreement, together with the Attached Schedule of Fees and Rules of the Road constitutes the entire Agreement between the Handler and the Client for the Services for the Dog as provided by the Handler for or on behalf of the Client. 15.A. This Agreement may not be amended or supplemented except in writing signed by both parties. 15.B. All other oral or written agreements in relation to the subject matter of this Agreement are hereby rescinded. 15.C. This Agreement is intended to be binding on the Client and the Handler and on their respective successor/s agents and assigns. 15.D. Severability: If any part of this agreement is held by a Court of competent jurisdiction to be void or unenforceable the remainder of the Agreement shall be unaffected. Jurisdiction: If a dispute arises between the parties or in relation to this Agreement or any part or performance thereof the parties agree that the dispute be resolved by Courts in the State of Oklahoma. 16. Release and Indemnity: The Handler and his agents, employees, representatives, trainers or other Clients shall not be liable for any sickness, disease, stray, theft, death, or injury that may be suffered by the Dog in the Handler s custody, nor for any other loss, damage or injury arising out of or connected with the services pursuant to this Agreement or for any other services as may be performed by the Handler. 16.A. The Client acknowledges that mortality and/or insurances relating to a loss of the Dog are solely the Client s responsibility. 6

7 16.B. The Handler shall not be held liable for any personal injury or disability which the Client and /or the Client s agents, representatives, family members, clientele and /or employees may receive while on the premises of the Handler or not. 16.C. The Client agrees to indemnify and save harmless the Handler, his agents, employees, representatives, trainers, and other clients Dogs and other owners from any claim related to damages, illness or injury caused by the Dog. 17. Gender and Plurals: Where the term Dog is used in this Agreement it may refer to a female (i.e., bitch) and where the term Client is used it may refer to Clients or Multiple Clients without alteration of the meaning of the terms of the Agreement. Independent Legal Counsel: The Client and handler each recognize their respective rights to seek and obtain Independent Legal Advice in relation to the content and operation of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above: Perry Payson personally and on the behalf of the proprietorship dba Payson Handling Services Date: Clients(s) Name Signature: Or ** by receiving this contract via it is then expressly understood that this makes all terms agreed by both parties binding if client has Perry Payson handle any of clients dogs. To commence on the first day the dog is taken into the ring. ** Credit card number Exp date Name on card Type of card Cvv code (3 digit number on back or four on front for Amex) 7