You are bringing home a family member who will be your companion and a pet. Well-bred, purebred puppies require a significant investment both by the new owner and the breeder. I care about my puppies and enjoy having cordial relationships with my puppy owners. I believe in having the expectations outlined in the form of a detailed and fair contract. This protects the puppy and our relationship. If you are considering a Moonrise puppy and have questions about the terms in this sample, please dont hesitate to ask.
WHY WE NEED
CONTRACT AND GUARANTEE
CONTRACT AND GUARANTEE
MOONRISE POODLES
SALES AGREEMENT AND GUARANTEE
for pet and limited registration
This agreement is made between Breeder ___, and the Buyer__, on this date___.
The subject of this Agreement is below described puppy/dog.
The below fields will be filled in upon final decision on which puppy and final payment, you’ll be required to resign this contract once this section is complete.
Call Name: TBD
AKC Registered Name: TBD
AKC Registration Number: TBD
Sire: TBD
Dam: TBD
Microchip: TBD
Date of Birth: TBD
Gender: TBD
Color/Markings: TBD
The above-mentioned purebred poodle puppy/dog is sold as a pet on Limited AKC registration without breeding rights and is to be spayed/neutered at the appropriate age. At the time of sale, the puppy/dog is sound in temperament and body. The seller’s veterinarian has examined the puppy/dog and found it fit for sale as a pet.
The Breeder and Buyer agree as follows:
1. Purchase Price.
The puppy purchase price of (“Purchase Price”) is agreed to be paid in US dollars.
2. Guaranteed Purchase Price & Restrictions.
i. The Non-Refundable Waitlist Fee holds your spot on the waitlist and guarantees the current price for up to 24 months from the time of signing of the contract. If buyer does not select a puppy within the 24 months, the monies paid will hold as a credit, but buyer will be subject to current puppy purchase price and new contract terms if applicable.
ii. The Non-Refundable Reservation Fee reserves a puppy in a specific litter after the puppies are born. This fee is transferable to another litter up to three times, retaining the price agreed in this contract. After three transfers, the buyer will be subject to updated contract term and pricing. The monies paid will remain as a credit paid to Moonrise Poodles and will be applied to new contract.
4. Limited Registration.
The puppy/dog is a purebred poodle registerable with AKC and is being sold with “Limited” AKC registration. As such, the dog is not eligible for exhibition in Conformation in AKC, UKC, or other registries but may compete in performance events such as Junior showmanship, Agility, Obedience, and others. The puppy/dog shall not be bred at any time, and if litters are produced, such offspring will not be eligible for registration with AKC or UKC.
Full Registration (Breeding Rights) is available on a case-by-case basis. Full Registration is terms to a separate contract, and must be granted by Breeder in writing before any showing or breeding occurs.
5. Unauthorized Breeding.
The puppy dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited. If at any time a puppy/dog has produced any offspring, Buyer will pay the Breeder $5000 damages per litter produced.
6. Registration Transfer.
The puppy/dog has been registered/is eligible for Limited AKC registration. The Buyer agrees to maintain the Breeder’s Kennel name as set by the Breeder. The Buyer will not change the puppy/dog’s registered name without Breeder’s prior written consent and will never remove the kennel prefix from the puppy/dog’s registered name.
The Breeder will transfer the AKC registration into the Buyer’s name once the puppy is paid in full and Buyer communicated their choice of Registered Name on pick up or withing reasonable time.
The puppy/dog has been microchipped. The Breeder will provide microchip registration instructions and documentation for registration to be completed online at the time of puppy/dog pick up.
7. Breeder’s Obligations
a. Ownership.
Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to the Buyer. Ownership of the puppy/dog will be transferred to the Buyer upon Buyer’s payment of the full Purchase Price.
b. State of Health:
Short Term Health Warranty.
The puppy dog was previously examined by a licensed veterinarian and was found to be in good health and fit for the intended purchase purpose as a pet. The Breeders veterinarian administered vaccines, a fecal test, and dewormer treatment, and the puppy/dog has received the immunizations enumerated in the health records provided to the Buyer.
At its own expense, the Buyer must have the puppy/dog examined by a licensed veterinarian within 72 hrs of receiving the puppy/dog. The exam chart notes shall be shared with the Breeder within seven days of purchase. Failure to have the dog examined by a licensed veterinarian and to provide the records to Breeder will result in this warranty to be void.
The foregoing guarantee expressly excludes any health issues caused by Buyer’s ill-treatment, abuse or neglect, accidents, any health issues that result from the puppy/dog’s transportation from Breeder to Buyer, and all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress colitis/diarrhea, hernias, conformation defects, retained testicle(s), juvenile/recessed vulva, missing or misaligned teeth/bite, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis, and those conditions disclosed to the buyer before purchase and signing the agreement.
Long Term Health Warranty
Breeder provides a 2-year warranty from the puppy/dog’s date of birth against debilitating and incurable congenital conditions and defects which prevent the puppy/dog from leading a life as a pet. For purposes of this section, “debilitating congenital conditions and defects” (i) include grade 3–4 luxating patella, grade 3 heart murmur, Severe Hip Dysplasia, Progressive Retinal Atrophy, Optic Nerve Hypoplasia, conditions incompatible with life and requiring humane euthanasia, and (ii) expressly do not include those -grade 1 and 2 luxating patella, fair and borderline hip ratings, IVDD, cataracts, allergies, non-hereditary autoimmune disorders, and conditions due to trauma, abuse, failure to maintain the general health of the dog, hypoglycemia or seizures due to hypoglycemia. This guarantee is void if the dog is found to be underweight/overweight, to lack proper veterinary care, to include proper vaccinations, deworming, and adequate and regular heartworm prevention.
c. Returns/Refunds
Short Term Warranty.
If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unhealthy or unfit for sale, the puppy/dog is to be returned to Breeder for a full refund of the Purchase Price. The Buyer’s veterinarian must provide an Unfit For Purchase Certificate or a written statement issued by the examining veterinarian on the official clinic letterhead deeming the puppy/dog “unfit for purchase.”
For full refund of purchase price puppy must be returned to the Breeder within 48 hrs after the examination with all of the registration papers, diagnosing veterinarian’s report, and “unfit for sale” certificate and a written statement by Buyer releasing medical records from the Buyer’s veterinarian to the Breeder. Breeder retains the right to demand a consultation with a diagnosing veterinarian and a second opinion consultation with a Specialist before a refund is issued.
Long Term Warranty.
A diagnostic report by a Certified Veterinary Specialist with expertise in the condition against which a claim is made (Cardiologist, Ophthalmologist, etc.) must be provided to the Breeder by the Buyer upon Long Term Warranty claims. In addition, due to poor positioning leading to misdiagnosis, ALL Claims of Hip dysplasia and CLP must be substantiated by PENNHip Certification. Breeder may have the said puppy/dog examined by a Veterinarian of their choice to verify the diagnosis. Buyer agrees to forward any x-rays, test results, and/or veterinary chart copies; give all contact information of the veterinarian making the diagnosis; and provide written permission to discuss the dog’s health so that the Breeder and their veterinarian can have further discussions with the Buyer’s veterinarian before replacement decision is made.
Buyer may keep the puppy/dog, and Breeder agrees to provide a replacement puppy/dog of equal value, from a litter with availability, once proof of spay/neuter and appropriate treatment of the condition has been provided to Breeder.
d. No Other Warranties
No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an “as is” condition, except as expressly and specifically set forth herein.
8. Buyer’s Obligations.
Buyer agrees to the following:
a. Proper Care.
Buyer will provide good and proper care of the puppy/dog. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) exercise area, proper and sufficient nutrition, regular grooming, training and having a pet health insurance for puppy/dog. Buyer will provide proper veterinary care throughout the puppy/dog’s lifetime, including but not limited to, routine vaccinations and/or titers to maintain the puppy/dog’s immunity to common canine diseases.
b. Grooming.
Buyer agrees to have puppy/dog professionally groomed at every 4 week or less in the first year of life, starting once the puppy receives his second set of vaccination and is approved by Buyer’s veterinarian, and to spread out grooming to no longer than every 12 weeks (4–6 is ideal) after the first year from puppy/dog’s date of birth.
c. Training.
Buyer agrees to seek out positive reinforcement training for their puppy/dog and never use trainers and harsh training methods utilizing choke and prong collars and other aversive techniques. Buyer agrees to prepare themselves and their home for the puppy/dog arrival. The code - MOONRISEPETS has been provided to the buyer to use for 25% off of BAXTER AND BELLA ONLINE TRAINING SCHOOL LIFETIME membership to facilitate training up to modern standards.
d. Pet Insurance.
Buyer agrees to maintain a sickness and accident pet insurance policy without payout limits and without exclusions for cruciate ligament rapture or genetic or congenital conditions.
Buyer agrees to activate their Trupanion insurance offer within 24 hours before pick up or during pick up using the promotional code provided by the breeder and to maintain coverage for at least 30 days provided by the offer. Buyer agrees to provide the breeder with proof of coverage.
Buyer may elect to maintain a policy other than Trupanion, provided the policy of their choice has no payout limit or restrictions for cruciate ligament tears, genetic or congenital conditions and Trupanion coverage is maintained until waiting period of Buyer’s choice has past and their puppy/dog is covered.
Failure to enroll and maintain a pet insurance will void short and long-term health warranties.
e. Veterinary Care.
Buyer will also provide the following veterinary care:
(i) routine vaccinations and/or titers to prevent common infectious diseases;
(ii) routine treatment for internal and external parasites; and
(iii) annual examination by a licensed veterinarian
(iv) veterinary care to diagnose as prescribed by their veterinarian.
f. Care to Prevent Orthopedic Conditions.
Buyer will also provide the following care:
i. Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight;
ii. Proper daily exercise to maintain the puppy/dog in good condition, but no forced exercise (such as jogging) until the puppy/dog is 18 months and full grown or the activity is approved by a licensed veterinarian; and
iii. Avoidance of stress injuries, such as not allowing the puppy/dog to jump from or over heights taller than itself at the shoulder until the puppy/dog is full grown, repeated running up and down the stairs, exercise on sleek flooring.
g. Sale Prohibition.
Buyer is not acting as an agent in purchasing the puppy/dog. Buyer agrees neither the puppy/dog, nor any offspring of the puppy/dog, shall be used for purposes of vivisection or research. Buyer also agrees neither the puppy/dog, nor any progeny of the puppy/dog, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house, or pet store.
h. Restrictions on Transfer/Rehoming.
If, at any time, Buyer is unable to keep or care for the puppy/dog (including upon Buyer’s death or incapacity), at Breeder’s sole election, the puppy shall be returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy/dog to Breeder.
i. No Transfer Outside of the United States.
Buyer further agrees that the puppy/dog will not be sold to anyone residing outside of the United States without Breeder’s prior written approval.
j. Breach by Buyer.
Buyer’s breach of any of the foregoing obligations shall result in Breeder’s warranties set forth in this Agreement being null and void.
9. Ongoing Communications.
Both parties agree to promptly notify the other of any change of address, email or phone number. Buyer agrees to
(a) maintain contact with Breeder regarding the puppy/dog at least once each calendar year, and to reply as promptly as possible to inquiries about the puppy/dog from Breeder;
(b) inform Breeder of any titles completed by the puppy/dog as determined by the American Kennel Club or other registr(y)(ies); and
(c) inform Breeder of any major change in the health of the puppy/dog throughout the puppy/dog’s life, including, but not limited to, cancer, epilepsy, heart, eye or hearing conditions, allergies, bleeding disorders or autoimmune disease, and behavior problems particularly fear, anxiety or aggression. Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify Breeder of the particulars of the animal’s death.
10. Remedy for Mistreatment.
If the Breeder feels the puppy/dog is not getting proper care and treatment, Breeder has the right to have the puppy/dog examined by a licensed veterinarian. If such veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse or neglect,
(a) Breeder has the right to take full possession of the puppy/dog and its duly signed registr(y)(ies) transfer papers/registration and
(b) all Breeder warranties herein shall become null and void.
For the avoidance of doubt, if Breeder takes possession of the puppy/dog in accordance with this section, Buyer shall not be entitled to any refunds of any payments made to Breeder.
11. Agreement to Mediate.
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 by a Good Dog mediator 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.
12. 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 South Carolina without regard to the conflicts of laws provisions thereof.
13. Miscellaneous.
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or 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 shall otherwise remain in full force and effect and enforceable. 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 effect as an original signature.
SALES AGREEMENT AND GUARANTEE
for pet and limited registration
This agreement is made between Breeder ___, and the Buyer__, on this date___.
The subject of this Agreement is below described puppy/dog.
The below fields will be filled in upon final decision on which puppy and final payment, you’ll be required to resign this contract once this section is complete.
Call Name: TBD
AKC Registered Name: TBD
AKC Registration Number: TBD
Sire: TBD
Dam: TBD
Microchip: TBD
Date of Birth: TBD
Gender: TBD
Color/Markings: TBD
The above-mentioned purebred poodle puppy/dog is sold as a pet on Limited AKC registration without breeding rights and is to be spayed/neutered at the appropriate age. At the time of sale, the puppy/dog is sound in temperament and body. The seller’s veterinarian has examined the puppy/dog and found it fit for sale as a pet.
The Breeder and Buyer agree as follows:
1. Purchase Price.
The puppy purchase price of (“Purchase Price”) is agreed to be paid in US dollars.
- Waitlist Fee. A non-refundable waitlist fee of $100(“Waitlist Fee”) holds your place on the waitlist until the litter of interest is born. This fee will go toward the total purchase price of the puppy.
- Reservation Fee. A non-refundable reservation fee of $500(“Reservation Fee”) reserves a puppy from the litter of interest when it is ten days old and thriving. This fee goes toward the total purchase price of the puppy.
- Final Payment. The balance of __ is due on the official Go HOME date for the litter. The Final payment must be settled a week ahead of leaving Breeder’s care when Buyer elects to use transportation services.
- Convenience Fees — A Credit Card payment option via the GoodDog platform is provided for the buyer’s convenience. By electing to use the credit card payment option, the Buyer agrees to convenience fees to be added to the purchase price.
2. Guaranteed Purchase Price & Restrictions.
i. The Non-Refundable Waitlist Fee holds your spot on the waitlist and guarantees the current price for up to 24 months from the time of signing of the contract. If buyer does not select a puppy within the 24 months, the monies paid will hold as a credit, but buyer will be subject to current puppy purchase price and new contract terms if applicable.
ii. The Non-Refundable Reservation Fee reserves a puppy in a specific litter after the puppies are born. This fee is transferable to another litter up to three times, retaining the price agreed in this contract. After three transfers, the buyer will be subject to updated contract term and pricing. The monies paid will remain as a credit paid to Moonrise Poodles and will be applied to new contract.
4. Limited Registration.
The puppy/dog is a purebred poodle registerable with AKC and is being sold with “Limited” AKC registration. As such, the dog is not eligible for exhibition in Conformation in AKC, UKC, or other registries but may compete in performance events such as Junior showmanship, Agility, Obedience, and others. The puppy/dog shall not be bred at any time, and if litters are produced, such offspring will not be eligible for registration with AKC or UKC.
Full Registration (Breeding Rights) is available on a case-by-case basis. Full Registration is terms to a separate contract, and must be granted by Breeder in writing before any showing or breeding occurs.
5. Unauthorized Breeding.
The puppy dog is being sold solely as a companion and breeding of the puppy/dog is expressly prohibited. If at any time a puppy/dog has produced any offspring, Buyer will pay the Breeder $5000 damages per litter produced.
6. Registration Transfer.
The puppy/dog has been registered/is eligible for Limited AKC registration. The Buyer agrees to maintain the Breeder’s Kennel name as set by the Breeder. The Buyer will not change the puppy/dog’s registered name without Breeder’s prior written consent and will never remove the kennel prefix from the puppy/dog’s registered name.
The Breeder will transfer the AKC registration into the Buyer’s name once the puppy is paid in full and Buyer communicated their choice of Registered Name on pick up or withing reasonable time.
The puppy/dog has been microchipped. The Breeder will provide microchip registration instructions and documentation for registration to be completed online at the time of puppy/dog pick up.
7. Breeder’s Obligations
a. Ownership.
Breeder is the lawful owner of the puppy/dog and has the right to transfer ownership of the puppy/dog to the Buyer. Ownership of the puppy/dog will be transferred to the Buyer upon Buyer’s payment of the full Purchase Price.
b. State of Health:
Short Term Health Warranty.
The puppy dog was previously examined by a licensed veterinarian and was found to be in good health and fit for the intended purchase purpose as a pet. The Breeders veterinarian administered vaccines, a fecal test, and dewormer treatment, and the puppy/dog has received the immunizations enumerated in the health records provided to the Buyer.
At its own expense, the Buyer must have the puppy/dog examined by a licensed veterinarian within 72 hrs of receiving the puppy/dog. The exam chart notes shall be shared with the Breeder within seven days of purchase. Failure to have the dog examined by a licensed veterinarian and to provide the records to Breeder will result in this warranty to be void.
The foregoing guarantee expressly excludes any health issues caused by Buyer’s ill-treatment, abuse or neglect, accidents, any health issues that result from the puppy/dog’s transportation from Breeder to Buyer, and all minor illnesses and health issues, including upper respiratory infections, allergic reactions, stress colitis/diarrhea, hernias, conformation defects, retained testicle(s), juvenile/recessed vulva, missing or misaligned teeth/bite, internal or external parasites or contagious viruses (including canine parvovirus), UTIs, vaginitis, and those conditions disclosed to the buyer before purchase and signing the agreement.
Long Term Health Warranty
Breeder provides a 2-year warranty from the puppy/dog’s date of birth against debilitating and incurable congenital conditions and defects which prevent the puppy/dog from leading a life as a pet. For purposes of this section, “debilitating congenital conditions and defects” (i) include grade 3–4 luxating patella, grade 3 heart murmur, Severe Hip Dysplasia, Progressive Retinal Atrophy, Optic Nerve Hypoplasia, conditions incompatible with life and requiring humane euthanasia, and (ii) expressly do not include those -grade 1 and 2 luxating patella, fair and borderline hip ratings, IVDD, cataracts, allergies, non-hereditary autoimmune disorders, and conditions due to trauma, abuse, failure to maintain the general health of the dog, hypoglycemia or seizures due to hypoglycemia. This guarantee is void if the dog is found to be underweight/overweight, to lack proper veterinary care, to include proper vaccinations, deworming, and adequate and regular heartworm prevention.
c. Returns/Refunds
Short Term Warranty.
If, within the Examination Period, a licensed veterinarian finds the puppy/dog to be unhealthy or unfit for sale, the puppy/dog is to be returned to Breeder for a full refund of the Purchase Price. The Buyer’s veterinarian must provide an Unfit For Purchase Certificate or a written statement issued by the examining veterinarian on the official clinic letterhead deeming the puppy/dog “unfit for purchase.”
For full refund of purchase price puppy must be returned to the Breeder within 48 hrs after the examination with all of the registration papers, diagnosing veterinarian’s report, and “unfit for sale” certificate and a written statement by Buyer releasing medical records from the Buyer’s veterinarian to the Breeder. Breeder retains the right to demand a consultation with a diagnosing veterinarian and a second opinion consultation with a Specialist before a refund is issued.
Long Term Warranty.
A diagnostic report by a Certified Veterinary Specialist with expertise in the condition against which a claim is made (Cardiologist, Ophthalmologist, etc.) must be provided to the Breeder by the Buyer upon Long Term Warranty claims. In addition, due to poor positioning leading to misdiagnosis, ALL Claims of Hip dysplasia and CLP must be substantiated by PENNHip Certification. Breeder may have the said puppy/dog examined by a Veterinarian of their choice to verify the diagnosis. Buyer agrees to forward any x-rays, test results, and/or veterinary chart copies; give all contact information of the veterinarian making the diagnosis; and provide written permission to discuss the dog’s health so that the Breeder and their veterinarian can have further discussions with the Buyer’s veterinarian before replacement decision is made.
Buyer may keep the puppy/dog, and Breeder agrees to provide a replacement puppy/dog of equal value, from a litter with availability, once proof of spay/neuter and appropriate treatment of the condition has been provided to Breeder.
d. No Other Warranties
No other warranties or guarantees, expressed or implied, are made by Breeder, and the puppy/dog is sold and delivered in an “as is” condition, except as expressly and specifically set forth herein.
8. Buyer’s Obligations.
Buyer agrees to the following:
a. Proper Care.
Buyer will provide good and proper care of the puppy/dog. Such care includes providing adequate housing and protection from the elements, a safe (preferably fenced) exercise area, proper and sufficient nutrition, regular grooming, training and having a pet health insurance for puppy/dog. Buyer will provide proper veterinary care throughout the puppy/dog’s lifetime, including but not limited to, routine vaccinations and/or titers to maintain the puppy/dog’s immunity to common canine diseases.
b. Grooming.
Buyer agrees to have puppy/dog professionally groomed at every 4 week or less in the first year of life, starting once the puppy receives his second set of vaccination and is approved by Buyer’s veterinarian, and to spread out grooming to no longer than every 12 weeks (4–6 is ideal) after the first year from puppy/dog’s date of birth.
c. Training.
Buyer agrees to seek out positive reinforcement training for their puppy/dog and never use trainers and harsh training methods utilizing choke and prong collars and other aversive techniques. Buyer agrees to prepare themselves and their home for the puppy/dog arrival. The code - MOONRISEPETS has been provided to the buyer to use for 25% off of BAXTER AND BELLA ONLINE TRAINING SCHOOL LIFETIME membership to facilitate training up to modern standards.
d. Pet Insurance.
Buyer agrees to maintain a sickness and accident pet insurance policy without payout limits and without exclusions for cruciate ligament rapture or genetic or congenital conditions.
Buyer agrees to activate their Trupanion insurance offer within 24 hours before pick up or during pick up using the promotional code provided by the breeder and to maintain coverage for at least 30 days provided by the offer. Buyer agrees to provide the breeder with proof of coverage.
Buyer may elect to maintain a policy other than Trupanion, provided the policy of their choice has no payout limit or restrictions for cruciate ligament tears, genetic or congenital conditions and Trupanion coverage is maintained until waiting period of Buyer’s choice has past and their puppy/dog is covered.
Failure to enroll and maintain a pet insurance will void short and long-term health warranties.
e. Veterinary Care.
Buyer will also provide the following veterinary care:
(i) routine vaccinations and/or titers to prevent common infectious diseases;
(ii) routine treatment for internal and external parasites; and
(iii) annual examination by a licensed veterinarian
(iv) veterinary care to diagnose as prescribed by their veterinarian.
f. Care to Prevent Orthopedic Conditions.
Buyer will also provide the following care:
i. Proper nutrition to support ideal growth and maintain optimum body condition. Buyer will not overfeed the puppy/dog nor allow it to become overweight;
ii. Proper daily exercise to maintain the puppy/dog in good condition, but no forced exercise (such as jogging) until the puppy/dog is 18 months and full grown or the activity is approved by a licensed veterinarian; and
iii. Avoidance of stress injuries, such as not allowing the puppy/dog to jump from or over heights taller than itself at the shoulder until the puppy/dog is full grown, repeated running up and down the stairs, exercise on sleek flooring.
g. Sale Prohibition.
Buyer is not acting as an agent in purchasing the puppy/dog. Buyer agrees neither the puppy/dog, nor any offspring of the puppy/dog, shall be used for purposes of vivisection or research. Buyer also agrees neither the puppy/dog, nor any progeny of the puppy/dog, shall be sold by or through any commercial broker or wholesale establishment, any chain store, catalog sales house, or pet store.
h. Restrictions on Transfer/Rehoming.
If, at any time, Buyer is unable to keep or care for the puppy/dog (including upon Buyer’s death or incapacity), at Breeder’s sole election, the puppy shall be returned to Breeder together with duly executed documentation transferring Buyer’s ownership interest in the puppy/dog to Breeder.
i. No Transfer Outside of the United States.
Buyer further agrees that the puppy/dog will not be sold to anyone residing outside of the United States without Breeder’s prior written approval.
j. Breach by Buyer.
Buyer’s breach of any of the foregoing obligations shall result in Breeder’s warranties set forth in this Agreement being null and void.
9. Ongoing Communications.
Both parties agree to promptly notify the other of any change of address, email or phone number. Buyer agrees to
(a) maintain contact with Breeder regarding the puppy/dog at least once each calendar year, and to reply as promptly as possible to inquiries about the puppy/dog from Breeder;
(b) inform Breeder of any titles completed by the puppy/dog as determined by the American Kennel Club or other registr(y)(ies); and
(c) inform Breeder of any major change in the health of the puppy/dog throughout the puppy/dog’s life, including, but not limited to, cancer, epilepsy, heart, eye or hearing conditions, allergies, bleeding disorders or autoimmune disease, and behavior problems particularly fear, anxiety or aggression. Buyer will, upon the natural or accidental death of the puppy/dog, promptly notify Breeder of the particulars of the animal’s death.
10. Remedy for Mistreatment.
If the Breeder feels the puppy/dog is not getting proper care and treatment, Breeder has the right to have the puppy/dog examined by a licensed veterinarian. If such veterinarian finds the puppy/dog to be a victim of ill-treatment, abuse or neglect,
(a) Breeder has the right to take full possession of the puppy/dog and its duly signed registr(y)(ies) transfer papers/registration and
(b) all Breeder warranties herein shall become null and void.
For the avoidance of doubt, if Breeder takes possession of the puppy/dog in accordance with this section, Buyer shall not be entitled to any refunds of any payments made to Breeder.
11. Agreement to Mediate.
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 by a Good Dog mediator 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.
12. 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 South Carolina without regard to the conflicts of laws provisions thereof.
13. Miscellaneous.
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or 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 shall otherwise remain in full force and effect and enforceable. 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 effect as an original signature.