1 Show/Breeding Co-Own Contract This Contract is entered into between Stoverly Aussies (hereinafter known as the BREEDER) and _____________________________ (hereinafter known as the COOWNER.) CO-OWNERS Information: NAME:__________________________________________________________ ADDRESS_______________________________________________________ ________________________________________________________________ PHONE NUMBER:________________________________________________ EMAIL:_________________________________________________________ ************************************************************************* DESCRIPTION: Breeder has sold to Co-Owner the dog described below NAME:____________________________________________________________ D.O.B:_____________________SEX_______________________ COLOR:__________________________________________________________ SIRE:_____________________________________________________________ DAM:_____________________________________________________________ Terms of the agreement: This dog is sold for the purpose of a companion animal that is eligible to compete in conformation events. The option of breeding will be included at the earliest age of 24 months when hip and eye clearances as described below, are met in full. Said dog will stay as a co-own until all requirements are met or for the life of the dog, which ever shall occur first. Price: As payment for said dog as a pet, buyer agrees to pay the breeder the sum of $________ As payment for breeding said dog, buyer agrees to pay the breeder the following: FOR A BITCH Buyer will also pay to breeder 1 show/breed quality puppy back TERMS: Puppy is due from the bitch’s first litter. If no suitable puppy is available from the first litter in the opinion of the breeder (Stoverly Aussies) then puppy will be taken from the second litter instead. Always Breeders (Stoverly Aussies) choice. 2 Breeder gets second pick puppy if buyer is keeping a puppy or if a puppy is owed to stud dog owner. However if buyer is not keeping a puppy and no puppy is owed to the stud dog owner, then breeder will get first pick puppy in the litter. Puppy to be picked at 8 weeks old and not before. Breeder retains the right to use their kennel name as a prefix to the puppy’s registered name, and will use buyers kennel name second or at the end of the registered name. Breeder will have the right to name said puppy. If the puppy is placed with, in any way, a third party then the breeder shall inform the buyer where the puppy is placed so the buyer can keep track of the dog. Registration papers for the puppy are to be mailed to the breeder promptly after receiving them and are to be marked with full registration rights. Breeder retains the right to choose payment in funds equaling $1200 CAD instead of a puppy. If a show breed puppy is available and breeder has declined this puppy and has not chosen her puppy or her payment in funds by the dogs’ second litter, then the puppy owed becomes forfeit and nothing further is owed. . STUD Breeder retains free breeding rights to male dog for the life of the dog for any bitches owned, coowned or leased by Stoverly Aussies. TERMS: Breeder will get priority over any other outside females. Breeder retains the right to bring male to her place of residence for the duration of the breeding with each female. Breeder will assume all costs. BUYER’S GENERAL TERMS OF PURCHASE: Buyer: Understands that this dog is being sold as a companion animal only and eligible for competition in conformation. It is guaranteed to be in adequate health to be a show/breed dog at the time of sale. If a genetic defect disables this dog from being a show/breed animal within the first 3 years of his or her life, then this puppy is fully guaranteed as described below. Buyer: Is responsible for all costs incurred once puppy leaves breeders property, including but not limited to health checks, worming, stool samples, flea preventative, vaccines, accidents, etc. Buyer: Agrees to provide veterinary check up to said dog within 7 days after receiving said dog. If a problem arises with a written conformation from a qualified vet, buyer can elect to keep said dog and assume all cost for its care, or may return said dog for a refund of the purchase price minus the value of the puppy pack ($250) upon breeders’ receipt of veterinarian certificate. This provision expires 7 days, weekends included, after buyer takes possession of said dog. After the 7 days a refund will not be available but a replacement dog may be offered when a suitable dog becomes available. Refund will be issued when the dog has been resold or when the next litter of puppies is sold which ever occurs first. Buyer NEVER covers the cost of the medical treatment associated with said dog once it leaves the property. Buyer: Agrees they are obligated to provide proper socializing and training of said dog. If dog is found at any time to be untrained and not properly socialized, this seriously affects the dogs’ life. If the dogs’ life is negatively affected in the opinion of the breeder, breeder has the right to take back the dog at no charge to breeder. Buyer: Agrees to provide a minimum of 1 puppy socialization class (where available) and 1obedience class when dog has completed puppy vaccines and before puppy reaches 8 months of age. Copy of diplomas to be sent to Breeder at time of completion and before dog reaches 8 months of age. If dog does not go to any classes and by 8 months of age and has behaviour issues that are unpleasant to the buyer and negatively affecting the dogs life in the opinion of the breeder, then the breeder has the right to repossess said dog at no charge to the breeder. WE DO NOT CONSIDER PET SMART CLASSES ADAQUATE. 3 Buyer: Acknowledges that said dogs’ temperament may change with lack of proper training and discipline, or if dog is mishandles or abused. Buyer: Agrees to provide proper nutritional requirements and to maintain a healthy lifestyle for said dog. Ensure dog lives a lifestyle suited to the breed. Recommended food for this dog is A RAW DIET. If you choose to switch to kibble then the recommended kibble is TASTE OF THE WILD adult dog food. THIS DOG IS NOT TO BE FED PUPPY FOOD AT ANY TIME. Feeding puppy food will void the health/genetic guarantee of this dog. It is the breeders’ opinion that puppy food will increase the growth of puppies and leads to joint problems. This dog is also not to be fed dog food containing CORN or GRAINS. Corn and grains are not digestible and Australian shepherds do not do well on them. Feeding this dog any foods containing corn and grains, will void the health and genetic guarantee. If either the veterinarian or the breeder deems this dog extremely underweight or overweight, this is classified as abuse to the animal and grants the breeder immediate permission to repossess said dog at no cost to breeder. Buyer: Agrees dog is not to be tied up outside for any length of time and if dog is to be tied up at all, buyer MUST be outside supervising dog at all times. If it is found out that said dog is tied up outside for extended periods of time, then breeder has the right to repossess said dog at no cost to breeder. Buyer: Agrees to have the dogs’ eyes cerf tested between the age of two and three years by a CERF certified k9 ophthalmologist. Results to be provided to breeder by no later than the third birthday. This will ensure if dog has genetic defect, breeder will be aware of it and uphold her end of the contract within specified timeline. Buyer: Agrees to have hips x-rayed and sent in to OFA between the age of two and three years. Results provided to breeder no later than the third birthday. This will ensure if dog has genetic defect, breeder will be aware of it and uphold her end of the contract within specified time-line. Buyer: agrees they are obligated to use the kennel name STOVERLY as a prefix to the dogs’ registered name in honor of the breeder of said dog. If this is a pet animal only and is not a show/breed animal or a performance companion then the registered name will be the call name such as (Stoverly’s Max). In the case where we already have a dog with the same call name we will add something simple to the end such as ( Max II) or ( Max Blue). Performance and show/breed animals may get fancy in their registered names. Names to be provided to breeder within 30 days of purchase. Buyer: agrees that it is there responsibility to keep in contact with Stoverly Aussies about said dog for the life of the dog. This will help us learn strong points and weak points in the breeding program. This also ensures dog is being cared for. Contact will include but not be limited to. one picture each year by either photograph or email any change of address or contact information any questions or concerns regarding a change in said dogs behavior or health if you feel any part of this contract needs to be altered in any way Buyer: agrees that if for any reason at any time in said dogs’ life, they intend to dispose of said dog or transfer ownership of said dog, they are to contact the breeder who has first rights to take back the dog at no cost. If breeder does not want to take ownership, breeder will help place dog in an appropriate new home. If said dog is found to be living with a person other than the one listed in this contract, at an address different than the one listed in this contract for the buyer, then breeder will assume dog has been placed without their knowledge and will have the right to immediately repossess said dog at no cost to breeder. If repossessing the dog for this reason becomes an issue, a fine of $2000.00 will also be collected from buyer for breach of this contract. Buyer: agrees that if said dog does transfer ownership that this contract and the non-breeding contract remain in effect and must be signed by the new owners before transfer is complete. If dog does get placed and this contract is not signed by the new owners, the breeder has the right to repossess said dog at the buyers’ expense. 4 Buyer: Agrees that Breeder has the right to enter onto buyers’ property at any time and remove said dog at no cost to breeder and with no notice to buyer if breeder has reasonable evidence that this contract is in any way being violated and neglected and the dog’s best interests are not being upheld. Any evidence collected is open to the interpretation of the breeder. Buyer: Agrees that if this contract is found to be in violation in a court of law, then breeder will be awarded the sum of $2000.00 for breach of contract and duress caused by this violation. Breeder will also be awarded custody of said dog. BUYERS ADDITIONAL TERMS OF SALE AS A BREEDING DOG Buyer: Agrees that the following terms must be met in full and copies of results provided to breeder prior to breeding said dog: eyes cerf clear at 12 months, and 24 months hips OFA good or Excellent no sooner that 24 months of age, (a fair rating is to be discussed with breeder prior to breeding) or Pennhip tested and passed in the top 50% of the breed with no evidence of Hip Dysplasia. Must be actively participating in and have points or titles in conformation. Buyer: Agrees to have the dogs’ eyes cerf tested every 12 months for the duration of dog staying intact. If at any time dogs eyes do not clear for breeding, buyer will immediately stop using this dog for breeding and inform breeder of eye defect. Buyer: Agrees to have hips x-rayed and sent in to OFA or PennHip between the age of two and three years. Results provided to breeder no later than the third birthday. This will ensure if dog has genetic defect, breeder will be aware of it and uphold her end of the contract within specified time-line. Buyer may also choose to have hips prelim’d before the age of two years. Dog is not to be bred until a permanent rating has come back good or excellent or passing with PennHip. Buyer: Agrees that all puppies produced by this dog will be sold on strict spay/neuter contracts and only a limited amount of show/breed quality puppies will ever be sold for breeding purposes. Buyer: Agrees said dog will only ever be bred to a pure bred and registered Australian Shepherd of any size. Toy, Miniature or Standard. Buyer: Agrees that any offspring produced by said dog and sold intact will be limited in their contract to also only breeding to purebred and registered Australian shepherds of any size. Buyer; Agrees that any puppies produced will be sold for no less than the average price of $1000 Buyer; Agrees that any puppies sold will include a minimum 2 year guarantee against genetic defects. Buyer: Agrees to communicate with breeder about ongoing health concerns in this breed and to ask breeder for advice on crosses when needed. BREEDERS OBLIGATIONS Breeder: Agrees to the best of her knowledge that said dog is healthy and free from disease. This dog is of sound body and stable temperament. Has had all the vaccinations and medical treatment required for the age of the dog. Breeder: Agrees that the dogs’ eyes have been examined by an ophthalmologist and written results are provided to buyer. Breeder: Agrees that if for any reason said dog is not working out for the buyer, breeder will take dog back at any time in said dogs’ life. 5 If dog is returned for a non- genetic issue related to said dog, then a refund may be available under the following terms and at the breeders’ discretion. If dog is returned within 7 days of date of sale then 75% refund of purchase price is possibly available. If dog is returned within 14 days of date of sale then 50% refund of purchase price is possibly available. If dog is returned within 21 days of date of sale then 25% refund of purchase price is possibly available. If dog is returned within 28 days of date of sale then 10 % refund of purchase price is possibly available. If dog is returned anytime after 28 days past the date of sale then no refund is available. Any refunds issued are not due to buyer until said dog is resold or the next litter of puppies is sold in full, which ever occurs first. If said dog has been mistreated, fed a non recommended diet or given dangerous drugs as per their MDR1 status, then the breeder has the right to deny any refund. *SAID DOG MUST BE RETURNED WITH ALL PAPER WORK AND PUPPY PACK ITEMS THAT IT WAS SOLD WITH. FAILURE TO RETURN THESE ITEMS IN GOOD CONDITION WILL RESULT IN A LESSER REFUND AND POSSIBLY NO REFUND AT ALL, TO BE DETERMINED BY BREEDER* Breeder: Agrees that if said dog develops a genetic disorder before the age of 3 years, upon receipt of written documents regarding the suspected genetic disorder, buyer will be compensated. Genetic defects would include hip dysplasia, elbow dysplasia, luxating patella’s, and eye disorders. All costs incurred testing said dog for these disorders, regardless of results, in that of the buyer alone. In order for breeder to offer compensation, hip, elbow and/or patella reports MUST be from OFA or PennHip. No other opinions will be valid including those of the family veterinarian. Any suspected eye disorder MUST be diagnosed by a CERF licensed ophthalmologist. Anything less and buyer is not eligible for compensation. Breeder reserves the right to have a second veterinarians’ opinion at the breeders cost. Buyer responsible for transporting said dog. By denying the breeder’s veterinarian of choice access to the dog for the second opinion, any compensation due to buyer will be delayed indefinitely until the exam is fulfilled. Buyer may choose one of the following options within 24 months from the date of the diagnosis. After 24 months all compensations are null and void. Buyers’ choices will be as follows: Buyer can elect to keep said dog and assume all cost for its care, and receive a replacement puppy of equal value when a suitable one is available from different parents, chosen by breeder. Buyer will assume costs of travel. Buyer will cover costs of vaccinations, eye exam, worming, microchip and puppy pack for replacement puppy. ($250.00 value). Payment is due in cash upon pick up of replacement puppy. Buyer can elect to give said dog back to breeder and receive a replacement puppy of equal value when a suitable one is available from different parents, chosen by breeder. Buyer will assume costs for travel. Buyer will cover costs of vaccinations, eye exam, worming, microchip and puppy pack. ($250.00 value). Payment is due in cash upon pick up of replacement puppy. Buyer can elect to keep said dog and assume all cost for its care, and receive a refund. The refund amount will depend on the genetic problem and will be determined by the breeder to a maximum of 75% of the dogs original purchase price. Refund will be issued when next litter of puppies is sold. Breeder reserves the right to issue any refund payment directly to veterinary clinic caring for said dog. Buyer can elect to give said dog back to breeder, and receive a partial refund to a maximum of 50% of the original purchase price. Refund will be given when said dog is resold and will be the resale price to a maximum of 50% of the purchase price. If dog is not able to be resold, then breeder will pay buyer 50% of original purchase price when next litter of puppies is sold. Buyer will assume all costs for travel. Breeder: Agrees that said dog is guaranteed free from Idiopathic Epilepsy for a time frame of 6 years. Idiopathic Epilepsy is diagnosed prior to the age of 6 years and when said dog is having seizures which can not be correlated to anything specific. In order to claim a seizure is Idiopathic Epilepsy the dog must Not have been vaccinated within 60 days if the seizure. Not have been given any form of drug within 30 days. Not have been put under sedation within 30 days. Not been fed puppy food at any time in it’s life Not been fed a poor quality diet containing grains and/or corn Not been in an accident where the dog would have struck it’s head Have a full blood panel done to rule out infection, disease or nutrient deficiency. Have had more than one seizure (cost of all testing is at the expense of the buyer) 6 Upon diagnosing Idiopathic Epilepsy, breeder will offer the following guarantee. Buyer may choose one of the following options within 36 months from the date of the diagnosis. After 36 months all compensations are null and void. Buyers’ choices will be as follows: Buyer can elect to keep said dog and assume all cost for its care, and receive a replacement puppy of equal value when a suitable one is available from different parents, chosen by breeder. Buyer will assume all costs of travel. Buyer will cover costs of vaccinations, eye exam, worming, microchip and puppy pack for replacement puppy. ($250.00 value). Payment is due in cash upon pick up of replacement puppy. Buyer can elect to give said dog back to breeder and receive a replacement puppy of equal value when a suitable one is available from different parents, chosen by breeder. Buyer will assume all costs for travel. Buyer will cover costs of vaccinations, eye exam, worming, microchip and puppy pack. ($250.00 value). Payment is due in cash upon pick up of replacement puppy. Buyer can elect to keep said dog and assume all cost for its care, and receive a refund. The refund will be 75% of the dogs’ original purchase price. Refund will be issued when next litter of puppies is sold. Buyer can elect to give said dog back to breeder, and receive a refund of 50% of the original purchase price. Refund will be given when the next litter of puppies is sold. Buyer will assume all costs for travel. Breeder: Agrees to keep in contact with buyer and offer any help and advice possible regarding said dog. Breeder will notify buyer if anything relating to health and temperament of parents or siblings of said dog seem to change. Breeder: Agrees that if there is any concern about the dogs’ well-being and the upholding of this and other contracts by buyer, that reasonable effort will be made to deal with the situation in a civilized fashion in person or by phone, email or postal service. Every effort will be made to resolve the situation before removing the dog from buyers home. Removal of dog will be a last resort if breach of contract cannot be resolved to breeders’ satisfaction or if dogs’ safety is in immediate jeopardy as interpreted by the breeder. Breeder: Agrees that in the unlikely event the dog is to be removed from the buyers’ property by the breeder that buyer will not be held liable for any accidental harm to breeder occurring on buyers’ property. Breeder: Agrees that in the unlikely event the dog is to be removed from the buyers property by the breeder, that reasonable effort will be made to have a third party accompany the breeder onto the property such as but not limited to, an officer of the law, SPCA, Humane Society, etc. This contract is being put in place for the welfare of not only the dog being sold but also for the reputation of the Breeder(s) involved. Although there are no plans at present to discontinue the breeding program, the above guarantees and refunds are only valid as long the breeder is breeding said dogs. If for any reason breeder is no longer breeding said dogs, the breeders’ part of the contract becomes null and void. However for the safety and well being of the dog, all agreements on behalf of the buyer will remain valid for the life span of said dog. This agreement is mutually stipulated to have been entered into, Simcoe County, Midland, Ontario, Canada, regardless of the place where it is signed. The buyer and breeder agree that the proper venue for any legal action taken to enforce the terms and conditions of this agreement shall be in the county of the breeders residence and that this agreement shall be interpreted in accordance with the laws of the province of Ontario. In the event that legal action is taken to enforce the terms of this agreement, the prevailing party shall be entitled to an award of attorneys’ fees and costs. This contract is binding in the province of Ontario and is non-transferable unless agreed by both parties. BUYER_______________________________________ Date______________________________ BREEDER_____________________________________Date __________________________