The following is a binding agreement between 3/17 Korte Bernedoodles, referred to as the “Stud Owner”, and the identified Bitch Owner, referred to as the “Bitch Owner”, for the sale of 3/17 Korte Bernedoodles stud’s semen. Failure to comply with the requirements below will void the contract.
This agreement dated as of ____________________, 20 _____ is between ____________________, the Stud Owner, and ____________________, the Bitch Owner. The subject of this agreement is for the purchase price of the Stud Owner’s stud semen.
1. Fees – The Bitch Owner agrees to pay the Stud Owner a non-refundable stud fee of $350 to reserve the Bitch Owner’s desired breeding date. The Bitch Owner agrees to pay the Stud Owner the remaining balance of $3,150 prior to collection and shipment of the semen.
2. Stud Fee Puppies – The Stud Dog Owner has a right to ______ puppy/puppies, that will be selected by the Stud Owner and will be the ______ (first or second pick) after the Bitch Owner. The stud fee puppy must be selected within ______ weeks of being born.
3. Semen Collections – The Stud Owner agrees to provide up to two semen collections and shipments for non-local breedings. The Ohio State University Veterinary Medical Center will be collecting and shipping all semen collections. The Bitch Owner is responsible for all expense associated with collecting and shipping such semen. Both the Stud Owner and the Bitch Owner agree for such semen to be used for the following procedure.
a. Fresh Semen via Artificial Insemination (AI) ______
b. Chilled Semen via Artificial Insemination or Transcervical Insemination (TI) ______
c. Frozen Semen via Transcervical Insemination (TI) or Surgical Implantation (SI) ______
Both the Stud Owner and the Bitch Owner agree that any AI, TI, or must be performed by a licensed veterinarian or breeder.
4. Repeat Semen Shipment – The Stud Owner does not guarantee any puppies will result from the breeding. The Stud Owner agrees to collect and ship out one additional collection of semen for the same Bitch from the same Stud Dog if no more than two puppies result from the breeding on the Bitch’s next heat cycle. The additional collection and shipment fees will be at the cost of the Bitch Owner. The Bitch Owner must submit proof in email to firstname.lastname@example.org from a licensed veterinarian that (a) breeding did not succeed or (b) litter size was not what the Stud Dog Owner guaranteed.
5. Breeding Expenses – The Stud Owner will pay for all costs associated with collection and shipping the semen from the Stud Dog for the first breeding. If the first breeding isn’t successful then the Bitch Owner agrees to pay all expense incurred for the second collections and shipment of the Stud Dog’s semen.
6. Vaccinations and Exams – The Bitch Owner agrees to accept full responsibility to ensure that all offspring resulting from the breeding to be treated for parasites and receive at least one round of puppy vaccinations and at least one puppy exam by a licensed veterinarian before the puppies are sent to their new homes.
7. The Bitch – The Bitch Owner represents, warrants, and agrees to the following:
a. The Bitch is healthy, of sound and stable temperament, is of breeding quality, disease and parasite-free, and up to date on all vaccinations. Proof of the Bitch’s vaccination record must be emailed to the Stud Owner prior to the Stud Owner accepting a Stud Service Appointment.
b. The Bitch has not been recently exposed to any stud dog prior to the breeding.
c. The Bitch has a negative Brucella test within the past 3 months prior to the breeding. Proof must be emailed to the Stud Owner prior to the Stud Owner accepting a Stud Service Appointment.
d. The Bitch has passing OFA prelims for hips and elbows scores, and/or below average for PennHIP average scores, and a full genetic panel. Proof of all documentation must be emailed to the Stud Owner prior to the Stud Owner accepting a Stud Service Appointment.
e. Proof of the Bitch’s pedigree must be emailed to the Stud Owner prior to the Stud Owner accepting a Stud Service Appointment.
f. The Bitch is in heat and ready to ovulate. Proof of progesterone testing and optimal breeding levels must be emailed to the Stud Owner prior to the Stud Owner accepting a Stud Service Appointment.
8. The Stud Owner’s Right of Refusal – The Stud Owner has the right to cancel any shipments if the Bitch Owner doesn’t submit all required documentation. The Stud Owner also has the right to cancel the contract if the Bitch Owner is found guilty of falsifying documentation, has been dishonest in the application process, or has been disrespectful to the Stud Owner. If any of these conditions occur the contract will become void and the Bitch Owner will not be refunded their stud reservation fee.
9. Notification – The Bitch Owner must email the Stud Owner when pregnancy is confirmed, when puppies are born, and how many puppies were born within a week of each event.
10. Accidental Breedings – The Bitch Owner agrees to keep the Bitch properly confined following the breeding for the duration of her heat cycle to ensure there are no accidental breedings. If an accidental breeding does occur, The Bitch Owner agrees to notify the Stud Owner within 12 hours. In addition, the Bitch Owner agrees to have each puppy from such accidental breeding DNA testing to establish parentage prior to selling, giving away, or otherwise placing any puppy.
11. The Stud Owner Obligations – The Stud Owner represents, warrants, and agrees to the follow:
a. The Stud is healthy, of sound and stable temperament, is of breeding quality, disease and parasite-free, and up to date on all vaccinations.
b. The Stud has a negative Brucella test within the past 6 months prior to the collection.
c. The Stud has passing OFA prelims for hips and elbows scores, and/or below average for PennHIP average scores, and a full genetic panel.
12. Advertising of Litter – The Bitch Owner agrees to list/tag the Stud Owner (3/17 Korte Bernedoodles) with every litter advertisement, announcement, or update of the litter. Refusal to list/tag the Stud Owner (3/17 Korte Bernedoodles) will result in a $3,500 penalty.
13. Placement of Puppies –
a. The Bitch Owner agrees to not transfer ownership, in any way, of any puppy resulting from the breeding to any person or organization whose intent is to resell, trade, or give away the puppy or to use it in any laboratory experiments (including, but not limited to, pet shops, pet shop owners, shelters, or research laboratories).
b. The Stud Owner agrees to help with the placement of the puppies if the Bitch Owner requests assistance if the puppies are not placed by 9 weeks of age.
c. The Bitch Owner agrees to email the Stud Owner the list of puppies, new families, and states the puppies went to by the time puppies are 10 weeks old.
d. The Bitch Owner agrees to take back any puppies resulting from the breeding if the puppy families are no longer able to keep the puppy for the lifetime of the puppy.
14. Confidentiality of Disputes – The Bitch Owner and the Stud Owner agree, that in the event of a dispute between them, neither will publish or communicate the existence or content of such dispute in any media or forum, including social media, provided that this provision shall not prevent either party form bringing legal action or engaging in confidential mediation.
15. Agreement to Mediation – If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
16. Governing Law – This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Ohio without regard to the conflicts of law provisions therefor.
17. Miscellaneous – This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior contemporaneous agreements, negotiations, discussions and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effort as an original signature. IN WITNESS WHEREOF, The Bitch Owner and The Stud Owner have executed this Agreement effective as the Effective Date.