STUD SERVICE AGREEMENT This is to certify that __ ____________________________ AKC#________________ Owned by __Carmen Diamond of Von der Diamondburg Kennels________________ Was bred to _____________________________________AKC#_________________ Owned by_____________________________________________________________ For a fee of__$350.00_______(+)__________________________________________ CONDITIONS OF SERVICE 1. Payment in full of the stud fee is expected at the time of first service unless otherwise specified in the initial arrangements for breeding. 2. If there is a tie or the breeding is otherwise consummated there will be no refund of the stud fee in whole or in part. 3. If the bitch fails to whelp, the owner of the bitch must notify the stud dog owner of this fact within 10 days of the whelping due date. The same stud dog at the next heat will give a return service unless otherwise agreed upon by the stud owner. Lack of notification as indicated above will forfeit any return service. 4. If the stud dog should die or become otherwise incapacitated for breeding purposes before the return service is given, the owner of the stud dog retains the right to offer the services of another stud dog in his possession at that time. 5. If the bitch changes ownership, any return service will be at the option of the stud dog owner. In certain cases, a substitute bitch may be accepted for the return service, but this will also be at the option of the stud dog owner. 6. If the bitch dies or aborts before whelping, the stud owner must be notified immediately if there is to be responsibility for a return service. 7. Live birth of 2 or more puppies living to 1 week of age will be considered a litter. Puppies lost due to environmental conditions are not the responsibility of the stud dog owner and a repeat breeding may not be honored, depending on the circumstances. 8. [IF APPLICABLE] It is understood that the stud dog owner shall maintain reasonable care of the bitch while at the stud owner’s facility or under the care of the stud owner or agent. The stud owner or agent shall not be held responsible for any loss, injury, or death of the bitch while under their supervision or while in transport by private or commercial carrier. 9. The owner of the bitch shall furnish the owner of the stud dog the following information from a state certified veterinarian on the veterinarian’s letterhead or comparable medical form. The stud dog owner must receive the information before the breeding will be made and may accompany the health certificate if and when the bitch is shipped. -The bitch is presently immunized for DHL, Rabies, and Parvovirus. -The bitch shall be free from any contagious conditions including internal and/or external parasites. -The bitch shall be free of any internal obstruction, which may impede or prevent penetration of the stud dog (as far as can be determined ahead of time). -The bitch shall be free of any condition, which would indicate or suggest any adverse hip condition. -THE BITCH MUST BE TESTED FOR BRUCELLA CANIS AND ANY VAGINAL INFECTION NO MORE THAT 7 DAYS PRIOR TO SHIPPING and certified free of both infections at shipping or breeding time. NO EXCEPTIONS WILL BE MADE! 10. Any bitch that cannot be bred due to viciousness or any other extreme behavior problem toward the stud dog or owner will be immediately returned to the owner of said bitch with the stud fee payment returned. 11. [IF APPLICABLE] In addition to the stud fee, it is understood that the owner of the bitch will assume all cost incurred by the stud owner for any medical treatment by a veterinarian required for the bitch while under the supervision of stud owner or agent who shall determine the need for any emergency treatment while under their care. 12. [IF APPLICABLE] The period of residence of the bitch in the stud owner’s facility shall not exceed 7 days. Any additional time required in the stud owner’s facility would be subject to a $15.00 a day board bill. This includes delays caused by weather shipping the bitch back to the bitch owner. 13. A signed litter application will not be forwarded to the bitch owner until notification of whelping, the number of puppies surviving at 10 days and payment of any outstanding indebtedness to stud owner. 14. In the event of a breeding done by other than natural means – i.e. the stud dog’s semen is shipped to the bitch at her location or artificial insemination required at stud dog owner’s facility, payment in advance for the stud fee and all out-of-pocket expenses of the stud owner will be required. All other terms and conditions of this contract will apply. Also, the bitch owner will provide the stud dog owner verification from the veterinarian in attendance that the bitch inseminated is the bitch agreed upon by the stud owner. 15. [IF APPLICABLE] It is the bitch owner’s responsibility to advise the owner of the stud or any kennel habits the bitch may have that could possibly present a problem in giving her adequate and safe care in the stud owner’s facility. It is also the bitch owner’s responsibility to furnish instructions and medication if the bitch is on medication of any kind. 16. No puppies resulting from the breeding may be sold to brokers, pet shops and/or puppy mills nor shall be used to produce cross breeds or be used in puppy auctions. Should this part of the contract be ignored, the stud dog owner will pursue this clause in a court of law in place of residence of stud dog. Bitch owner will be responsible for TEN times the stud fee, if any puppies resulting from this litter are determined to being such situations. 17. It is also understood that any puppies from this breeding shall not be sold out of the country without prior negotiation with stud owner. As owners of the animals designated in Paragraph 1 above, we agree to the specifications of this contract in its entirety. CONFLICT RESOLUTION: 1. Mediation. All stud dog owner(s) and bitch owner(s) agree to mediate any dispute or claim arising between them out of this Contract, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. 2. Arbitration. All stud dog owner(s) and bitch owner(s) agree that any dispute or claim in law or equity arising between them out of this Contract, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired civil judge or justice, or an attorney, unless the parties mutually agree to a different arbitrator, who shall render and award in accordance with the laws of the Tennessee State. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction, and the parties shall have the right to discovery in accordance with the State’s civil code. Upon signing this agreement I acknowledge that I am the owner or lessee of this stud dog and I have the legal right to breed him. Signed: ______________________________________________________________________ Stud Dog Owner Date: ___________________________ Upon signing this agreement I acknowledge that I am the owner or lessee of this bitch and I have the legal right to breed her. Signed: _______________________________________________________________________ Bitch Owner(s) Date: ____________________________