Stud contract??

[YORKIE_mom_2008]

I have written up this contract in regards to my soon to be stud. I already have a breeding lined up but another person shied away as soon as she saw the contract. Is there something wrong with it?

Stud Agreement
Name of Stud: Koda of our Yorkies
Terms/Conditions
You must provide me with the following information/paperwork before breeding.
- Written verification that states that your bitch has been vaccinated, dewormed, and tested with negative results for luxating patellas and STDs.
- A negative Brucellosis test report from a veterinarian within 10 days of breeding.
- A recent photo of the bitch (if scheduling a meeting is not practical).
- Although a veterinarian-issued health certificate is preferable, photocopies of health records will suffice.
- Registration and/or pedigree information if she is registered or pedigreed.

Your bitch must:
- Have good temperament
- Be at least two (2) years of age
- Be of appropriate weight to breed (4-7 lbs generally)
- Be in good health with up-to-date vaccinations and free of all parasites.
- Be brought or shipped to my stud

I, as the stud dog owner, will take all precautions necessary for the care and
well-being of the bitch. During her stay, she will be cared for as if she were my own. She will be exercised daily, and be fed as per owner's instructions. While the bitch is in her heat, she will be bred every 24-hours or as long as she will stand for him.

By signing this document you are agreeing to:
- Keep the bitch confined and inaccessible to all other intact, male dogs after the mating to ensure that no other dog could breed her accidentally, before her heat cycle is finished.
- Bring or arrange transportation of your bitch to my home for service.
- In an emergency, if, after reasonable effort, the stud owner cannot locate the bitch owner in the case of emergency, the signature of the bitch owner on this
document, hereby authorizes me to take whatever actions our authorized
veterinarian recommends to maintain the health of the bitch.
- Guarantee that any puppies will be sold as pets and on a Spay/Neuter Contract.
- Not sell any puppy using terms such as, but not limited to, Teacup, super small, teddy bear faced, etc.
- Not knowingly mislead potential buyers as to the quality of the pup.
- Send me a picture of the entire litter for promotional purposes.

 The stud fee agreed upon is $________ and is to be paid at the time of service, unless previously agreed upon. The stud fee is non-refundable in whole or in part unless the exceptions listed in this contract apply to you situation fully.
 The following requirements must be met in the case where a puppy is to
be received instead of a cash stud fee:
- Stud owner has first choice of one puppy, either sex and any conformation
- One puppy constitute as a litter, so if there is only one puppy, regardless
of sex, this puppy shall be my choice of the litter, unless other negotiations have been agreed upon.
- If no puppies survive to the time when the puppies may leave their mother (12 weeks), I have the right to receive full cash stud fee as covered above.
- The bitch owner agrees to sign and release the puppy's registration certificate, once I have obtained the puppy, and agrees that the puppy’s registered name will be determined by me.

 If the bitch fails to conceive, a return service at no charge will be given to the same bitch provided the owner of the bitch notifies the stud dog owner within 40 days after the due date that no puppies were whelped.

 If there is a failure to produce at least one (1) live-born or dead-born puppy then the original bitch will receive a 1 free stud service during her next heat.

 If the stud is incapable of breeding for whatever reason, you will have your fee returned.

 If no puppies result from the return service, this entire agreement is
terminated and the stud owner/agent is released from any further
obligation. (Exceptions may include first-time bitches and bitches that have had a hard time conceiving in the past. Maximum of three (3) services)

 I can provide local transportation for a fee. All transportation charges and veterinary expenses will be the responsibility of the bitch owner.

I, as the stud owner, reserve the right to use pedigrees, photographs, Internet presence/web page and promotional materials of the litter for marketing purposes of my stud dog: Koda. It is specifically agreed hereby that I am
not obligated to sign the litter registration of this litter until I have inspected the litter and the stud fee has been paid in full. In case of a puppy in lieu of puppy fee, I shall not sign litter registration application papers until I have possession of the puppy or puppies as agreed. It is further agreed that puppies produced from this breeding will not be knowingly sold or transferred to any owner, employees, agent or individual connected with a wholesaler of dogs.



All conditions stated herein apply to the bitch and are not affected by change of ownership of the bitch.

Circle One:

Pick of Litter or Stud fee of: $______

Stud Owner: _________________ Date: ____________________
Bitch Owner: _________________ Date: ____________________


*****Sorry it is so long but I need your help!

[MrsPeanut]

I think this is a great contract....If I was looking for a stud and had to sign a contract I hope it would like this one b/c it not only covers you but me as the breeder. The only thing I would question is the "Guarantee that any puppies will be sold as pets and on a Spay/Neuter Contract." only b/c ...say I want to keep some of the puppies to breed later for different studs or I want to sell to another reputable breeder and even if you sell to a family and they sign a contract saying they will get there dog spay/nueter, how are you going to know if they did it or not....

[YORKIE_mom_2008]

Originally Posted by MrsPeanut

I think this is a great contract....If I was looking for a stud and had to sign a contract I hope it would like this one b/c it not only covers you but me as the breeder. The only thing I would question is the "Guarantee that any puppies will be sold as pets and on a Spay/Neuter Contract." only b/c ...say I want to keep some of the puppies to breed later for different studs or I want to sell to another reputable breeder and even if you sell to a family and they sign a contract saying they will get there dog spay/nueter, how are you going to know if they did it or not....

That is a good point I think that I should remove it.

[MrsPeanut]

forgot I would also just have a lawyer take a look at it just to make sure its a sound agreement and has just cause if any breech of contract were to happen...but other than that good job....when can we begin studding...hehehe

[YORKIE_mom_2008]

So if I were not to get it lookee at by a lawyer what would happen? Do most stud owners have contracts or no?

[YorkieRose]

If the stud client opted for a litter pick to be given to me..and there was one puppy..I gave them the option to pay the stud fee and they could keep the puppy.
I, also gave a second free return service if there was no live puppy at 8 weeks...perhaps there was one in the litter and it did not make it to 8 weeks.

I look at it this way...you never regret treating people the way you would like to be treated..and that is the way I like to be treated...

You are reserving the right to "inspect" a litter before signing papers. I would not agree to this stipulation. What if the stud client lived a long distance from you and the bitch was shipped..Canada is a large country..! If for some reason you did not like the quality of the litter, would you agree to sign the papers..legally by CKC rules you would have to, unless you questioned the DNA..then it gets messy!!!...Perhaps, that is one point the potential client shyed away...

The age of the bitch bothers me also...there is no reason a healthy, proper sized bitch of 14/16 months on can not be bred. Perhaps, a client has an 18 month old in season and she is goes 10 to 12 months from cycle to cycle...she will be well over 2 yrs for her first breeding..

Pictures of my litter...and I would be the breeder of the litter, being used for promotional purposes. Not wild about seeing my puppies all over the Internet as an advertizment.

I can not guarantee 100% any one who buys the puppy will not in turn resell it..how can a client prevent it and what would be the consequences if you found out it happened..must I "police" these pups for the rest of their life?

What if a puppy is show quality and I wanted to place it in a show home? Spay/neuter agreement prevents that..also perhaps I might want to place a quality bitch with a reputable shwo breeder for breeding..could not do this..

You have covered the health concerns well...excellent and well thought out..great!

[MrsPeanut]

Originally Posted by YORKIE_mom_2008

So if I were not to get it lookee at by a lawyer what would happen? Do most stud owners have contracts or no?

Alot of people who dont use a contract are if I may say are stupid...well let me tell you why I know a lady who found a stud dog. The two owners agreed upon pick of the litter. When the puppies came there was only two..b/c one died. Now this same stud dog also fathered a litter of three and one of the puppies died. The owner of the bitch was heart broken and called the stud owner and said look I am keeping both of the puppies please take a stud fee. The Stud owner said let me think about it. She waited a month and called back agreeing to a stud fee only b/c she had no contract with stipulations so I highly suggest a contract. Bitch owner kept both puppies and paid stud owner 500 bucks. A lawyer just helps ensure you have your i dotted and t's crossed.

[YorkieRose]

When contracts are verbal, people tend forget the terms...human nature. Contracts disspell and misunderstandings.

[Yorkie3]

Yes, people do forget the terms if it is verbal. I had a very good friend, or so I thought, tell me we didn't need a contract. She was very insistant, saying "we're friends, we don't need a contract" so I didn't have her sign one. She is now an EX friend, she screwed me over BIG time. Live and learn....

[kathy785]

I guarantee that the bitch owner can get a puppy...
If I am to get pick of the litter and there is only one puppy, I offer a free rebreeding. If the puppies die because of unknown reasons, I offer a rebreeding. I don't take money until the puppies are on the ground. If a bitch fails to breed or has problems whelping and loses the puppies, I am open to the rebreeding being with a different bitch (new bitch must be approved and health tested of course)

I have met bitch owners half way without charging them.

Maybe the thought of losing the whole litter to you scared her off? (single puppy with you having pick of litter.) She would have all of the puppy/bitch expenses, but then would get nothing in the end. You would get the results of all of her care, time and money.

[Olivier]

I will never agree for a contract like this one .

[YorkieRose]

If the bitch owner has one pup..goes through 9 weeks of gestation, whelping, caring for the bitch and the puppy for 12 weeks, assuming all expenses..then I request the puppy, I feel heartless..UNLESS the bitch agrees giving up the puppy instead of paying a stud fee, a few have, but most do not...they are grateful, it gives you a reputation in dogs that money can not buy.

[YORKIE_mom_2008]

Originally Posted by YorkieRose

If the stud client opted for a litter pick to be given to me..and there was one puppy..I gave them the option to pay the stud fee and they could keep the puppy.
I, also gave a second free return service if there was no live puppy at 8 weeks...perhaps there was one in the litter and it did not make it to 8 weeks.

I look at it this way...you never regret treating people the way you would like to be treated..and that is the way I like to be treated...

You are reserving the right to "inspect" a litter before signing papers. I would not agree to this stipulation. What if the stud client lived a long distance from you and the bitch was shipped..Canada is a large country..! If for some reason you did not like the quality of the litter, would you agree to sign the papers..legally by CKC rules you would have to, unless you questioned the DNA..then it gets messy!!!...Perhaps, that is one point the potential client shyed away...

The age of the bitch bothers me also...there is no reason a healthy, proper sized bitch of 14/16 months on can not be bred. Perhaps, a client has an 18 month old in season and she is goes 10 to 12 months from cycle to cycle...she will be well over 2 yrs for her first breeding..

Pictures of my litter...and I would be the breeder of the litter, being used for promotional purposes. Not wild about seeing my puppies all over the Internet as an advertizment.

I can not guarantee 100% any one who buys the puppy will not in turn resell it..how can a client prevent it and what would be the consequences if you found out it happened..must I "police" these pups for the rest of their life?

What if a puppy is show quality and I wanted to place it in a show home? Spay/neuter agreement prevents that..also perhaps I might want to place a quality bitch with a reputable shwo breeder for breeding..could not do this..

You have covered the health concerns well...excellent and well thought out..great!

That is very good advice! More editing to do!

[YORKIE_mom_2008]

Originally Posted by Olivier

I will never agree for a contract like this one .

Why not?

[YORKIE_mom_2008]

Originally Posted by YorkieRose

If the bitch owner has one pup..goes through 9 weeks of gestation, whelping, caring for the bitch and the puppy for 12 weeks, assuming all expenses..then I request the puppy, I feel heartless..UNLESS the bitch agrees giving up the puppy instead of paying a stud fee, a few have, but most do not...they are grateful, it gives you a reputation in dogs that money can not buy.

I think that I will either offer another breeding or accept a stud fee.