Puppy Contract

NACIMIENTO MASTIFFS

urn:schemas-microsoft-com:office:smarttags01 Nacimiento Mastiffs

Cynthia & Loren Boe

7557 Town Creek Ln.

Paso Robles, CA 93446

PURCHASE AND SALES AGREEMENT

revised 8/1/06

The following agreement is between Cynthia Boe, at Nacimiento Mastiffs, hereafter referred to as "Breeder" and_________________________________________________), hereafter referred to as "Buyer" for the sale and purchase of one purebred dog of the Mastiff breed.

Registered Name: ______________________________________________________________________________

Mastiff puppy, Reg# /Litter# _____________________________, Color: ____________________ Sex: __________

Microchip # ___________________________________ whelped on ____________________________________

Sire : ______________________________________________________________ AKC# ____________________

Dam : _____________________________________________________________ AKC# ____________________

Will become the property of the Buyer in flesh as well as title upon the fulfillment of the following conditions:

A. Purchase price of $ ________________paid by the Buyer to the Breeder. A non-refundable deposit of $500 has been made on (date) ____________________, Check # _________ and the puppy will be held until (date) __________________. At that time the balance of the purchase price $____________ must be paid in full in either a lump sum or through payments received or the deposit is forfeited and alternate arrangements will be made for the placement of the puppy. (***deposits on unborn puppies are fully refundable if puppies are not born as expected.)

B. Transportation costs, if any, will be paid by the Buyer.

It is further agreed by both parties that:

C - Use of the Dog:

It is agreed between Breeder and Buyer that this dog is being acquired as a family companion dog or for a working dog to be used for tasks appropriate to its breed such as therapy dog or for exhibition in AKC conformation, obedience, or agility competition.

Buyer agrees that the dog is not purchased for resale nor will it be used or trained for activities which are illegal or for which it is not suited by reason of temperament or conformation. Specifically it will not be used as a guard or attack dog or to hunt or fight other animals.

The Buyer agrees that he/she will not sell, transfer ownership or possession of the puppy or any of his/her progeny to any person or organization whose intent it is to resell (pet store), trade, or give away the dog, or use it in any experiments, laboratory or otherwise or to use it as breeding stock for a puppy mill.

D - Health: and Health Guarantee

All precautions have been made to insure that this puppy is in excellent health at the time of purchase. Additionally, male show dogs have been checked and verification has been made that both testicles have descended at the time of pickup. _____________ (Initial) Accidents can happen with new puppy dogs, however, this contract does not cover testicle trauma after the puppy goes to his new home. The breeder does not make any further warranties as to the puppy's condition after pickup. It is the Buyers responsibility to prevent illness and injury by providing necessary booster vaccinations, veterinary care, nutrition, fresh water, shelter and supervision. The breeder has made every effort to breed healthy dogs and has raised this puppy to the best of her ability.

It is recommended by the Breeder that the Buyer take the puppy to a Veterinarian of his/her choice and gives five days from the date of delivery of the puppy in which to do so. If, within those five days, a veterinarian finds the puppy to be unsound, unhealthy, or possessing a serious genetic defect, a statement in writing must be provided by that veterinarian documenting said condition for Breeders' veterinarian to review. Upon confirmation from Breeders' vet of said condition, Buyer may return the puppy, registration and all of his/her effects to the Breeder and receive a full, immediate refund of the purchase price.

This puppy is guaranteed not to develop PRA or pass on the gene for PRA as both of the parents are negative for the gene via parentage or by testing.

This puppy is guaranteed to pass OFA hip certification (**with the exceptions as noted) through the age of 30 months (2 ½ years). If a puppy is thought to have a genetic defect, hip X-rays must be taken per OFA recommendations and submitted to The Orthopedic Foundation for Animals (OFA). Puppy must be microchipped and DNA'ed. Copies of OFA finding must be submitted to the seller/ breeder . Defects must be proven to be genetic and not caused by environmental factors or mishandling by the buyer. ** As subluxation, OCD, HOD and Pano can be the results of poor nutrition, improper exercise and/or excessive crating no warrantee shall apply for these conditions. It is the breeders opinion that unilateral dysplasia and DJD grade 1 is non-genetic and of injury or nutritional origin.

Buyer must show proof that the puppy is spayed or neutered and may obtain a replacement puppy, when available, from seller/breeder at 50% off the original selling price. Buyer is responsible for transportation costs from seller/breeder on the replacement puppy.

E - Registration:

The buyer agrees to use the Breeder's Kennel name as a Prefix to the official AKC registered name of the puppy.

The Buyer agrees to register the puppy with AKC within 60 days of receiving the AKC registration papers via mail or online and that this transfer will be recorded in the name of the party listed on this contract. The buyer also agrees that this puppy will not be registered with any other registration service other then the American Kennel Club or the Canadian Kennel Club.

F - Ownership Responsibilities:

The Buyer agrees to maintain the dog in a humane environment and properly train and care for it. Specifically the dog will be properly licensed and Inoculated against rabies, distemper, parvovirus, and other communicable diseases as recommended by a qualified veterinarian. The dog will not be allowed to roam and will be socialized and obedience trained appropriately.

The Buyer agrees that this puppy will not be raised on slippery surfaces, not be allowed to bound up and down stairs, rough-house with larger dogs, jump down from heights or out of cars, etc, as this type of activity will contribute to the breakdown of joints and growing bones, dislocation of shoulders, hips and damaged elbows.

The Buyer further agrees that the puppy's weight will be under strict supervision until the dog reaches his/her second birthday. It is far better to have the dog slightly underweight then overweight as excess weight contributes to structural breakdown of the dog. Buyer also agrees nothing will be given to the dog that would encourage rapid growth including steroids, nutritional supplements ,and anything that promotes rapid weight gain. (Glucosamine/Chondroitin sulfate supplements and Vitamin C excluded)

G - Spay & Neutering:

Bitches and dogs which are judged not to be of show and breeding quality should be spayed or neutered when they near maturity, around twelve months of age.

H - "Show Quality" Dogs:

The Breeders will use their best judgment and the advice of other fanciers in evaluating the puppies as to show or pet quality. There is no guarantee that a puppy evaluated as "Show Quality" will be successful in the show ring as an adult and no warranties are made to that effect.

Buyer agrees that if said dog is shown and becomes a Champion, a picture along with a copy of Championship certificate will be sent to the Breeder at the above address. Breeder may publish this information stating that The Nacimiento Mastiffs (Breeder) is the Breeder of the dog along with the Buyer stated as being the owner.

I - Breeding Rights on Stud Dogs

The Breeder reserves the right to use any male dog sold under this contract as a stud dog on any bitches that the Breeder owns or co-owns with no charge to them, except that the Breeder will be responsible for any costs involved in the collection and shipping of semen.

J - Provision for FEMALES:

For the protection of the breed, health and well being of this Mastiff bitch, and the protection of the Mastiff population, the Buyer hereby agrees:

not to breed this Mastiff more than 3 times unless a breeding does not produce a litter, the litter results in only one live puppy, or a litter is stillborn. This clause includes accidental breeding.

The Buyer shall never breed this Mastiff in successive heats, but shall wait one year between litters unless one of the above conditions shall apply; or unless advised by a veterinarian for treatment of pyometra or metritis; in which case the owner shall provide a letter signed by the veterinarian to the Breeder at least 30 days before the Mastiff's next heat.

This Mastiff will not be bred before her second (2nd) birthday nor after her seventh (7th) birthday.

The owner shall never breed this Mastiff bitch to any other than a respectable specimen of her own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults.

Before breeding this Mastiff the Buyer agrees to test this Mastiff for any genetic defects and agrees to not breed her unless she, and the male she is being bred to, is clear of the following: OFA hips, OFA elbows. Eyes Clear (other than mild entropia/ectropia). Thyroid CityNormal, VonWillebrand Disease CityplaceNormal.

K - Provision for Males:

For the protection of the breed, the health and well being of this Mastiff dog, and the protection of the Mastiff population, the Buyer hereby agrees:

The Breeder reserves Stud Rights to males bred by us for bitches of our choice for the purpose of keeping our bloodline available. Terms of Stud Rights to be negotiated at time of breeding. This shall be after said dog reaches 12 months of age, not to exceed one breeding sessions per year. It shall be the responsibility of the Breeder to bring the breeding bitch to the male Mastiff or pay to have the semen drawn and shipped and all expenses concerning the breeding shall be the Breeder's responsibility.

The Buyer agrees to test this Mastiff for any genetic defects and agrees to not use the Mastiff as a stud unless the Mastiff and the bitch he is being bred to, is clear of the following: OFA hips, OFA elbows. Eyes Clear (other than mild entropia/ectropia).

The Buyer shall never breed this Mastiff to any other than a respectable specimen of his own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults.

The Buyer agrees to not knowingly breed this dog to any known puppy mill, broker, or pet shop bitches; nor be used to sire litters for the purpose of producing puppies for the same. Neither shall it be allowed to sire litters for the purpose of producing stock for laboratory experimentation. It shall be the stud dog owner responsibility to check the reputability of the bitch owner before breeding takes place. Should question arise as to the reputability of the bitch owner, the Buyer will not breed this Mastiff to the bitch.

The Buyer agrees to not breed this Mastiff to a bitch who has produced a litter of more than one live puppy within a 12-month period.

The Buyer attests that should a litter occur from a mating, it will not result in the bitch owner producing over a total number of 8 (eight) litters produced within a twenty four (24) month period; owned or co-owned.

L - Right of Recovery/Placement:

If, for whatever reason, the Buyer can not or does not wish to maintain custody of the dog (at anytime during its' lifetime) the Breeder is to be notified immediately of such case. The dog is not to be sold or placed anywhere without written consent from the Breeder. The Breeder will help assist in any placements of said dog/puppy. The Breeder will always accept the dog/puppy back at no cost to the Breeder. The breeder wishes to make sure that this dog is well cared for and placed in a proper environment for it's whole lifespan.

M - Violations of Contract

Violations of the terms of this contract renders all guarantees stipulated in this contract to be null and void. In the event this contract and the parties involved have to be taken to court Buyer is responsible for all court costs.

N - Limitations of Contract

This contract applies to the original puppy only and is non-transferable to a second party. No replacement puppy will be given or discount given on a future puppy if the male or female puppy has been bred, neutered, spayed (unless sold on a spay/neuter contract). Anything else not stated or covered in this contract may only be made with the seller/breeder with written consent.

O - Understanding of the terms of the contract

Buyer agrees that he/she has read and understands the terms and conditions of this contract fully. This contract is under the jurisdiction of the state of StateCalifornia, in the PlaceTypeplacecounty of PlaceNameSan Luis Obispo. It is agreed the place of venue shall be in CityplaceSan Luis Obispo County, StateCalifornia. Any breed of this contract could be detrimental to the name and reputation of the seller/breeder and the breeder/seller will be entitled to 5 times the purchase price of the puppy including but no limited to attorney's fees, court cost, and any all expenses acquired and (or) the puppy back. All other states and counties are asked to please accept this contract as legally binding and enforceable.

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This contract is designed to protect the Mastiff and its future offspring, the Breeder and the Buyer of said Mastiff. By signing, all parties agree to all clauses of this contract.

Agreed to this _________ day of ________________ , ____________

BREEDER: _______________________________________________________DATE: ______________

Cynthia & Loren Boe

ADDRESS: 7557 Town Creek Ln

CITY, STATE, ZIP: Paso Robles, CA 93446

PHONE/ E-MAIL: 805-238-2294 cynlake100@aol.com

BUYER: _____________________________________________________________DATE: ________________

Name - please print: __________________________________________________________________________

BUYER: _____________________________________________________________DATE: ________________

Name - please print: __________________________________________________________________________

ADDRESS: _________________________________________________________________________________

CITY, STATE, ZIP : ___________________________________________________________________________

PHONE: ___________________________________________________________________________

E-MAIL: ___________________________________________________________________________