Puppy contract

[wolfsoul]

I'm trying to make a puppy contract for future breedings. :) Do you think this one is good? Anything you would add? Along with a puppy contract I want to supply all of the puppy buyers with information on feeding and dog sports.

1. Buyer agrees to maintain this dog in good health, by providing routine preventative health care and proper nutrition and exercise.

2 . If Buyer chooses to sell dog or otherwise place this dog elsewhere, we shall reserve first chance to re-acquire the dog. Buyer agrees not to sell, lease, or otherwise dispose of their dog or any of it's offspring to a pet shop or puppy mill. The dog may not be placed in another home without our knowledge and our approval. Buyer will provide us with a current address and phone number and be asked to update us on all address changes, so that we may know the whereabouts of the dog at all times. You may also be asked to supply your credit card number or other means of finding you incase you decide to ignore our efforts to contact you or dissapear without our knowledge.

3 . Buyer acknowledges and understands the general temperament and requirements of this breed and understands that early and continued socialization is of utmost importance. Puppy/Obedience training classes are mandatory.

4. Buyer understands the fact that this breed, though generally healthy, can be subject to health issues. We provide our breeding stock with the necessary health tests and certifications prior to breeding so that we ensure we are breeding from healthy dogs. However, this does not always guarantee that offspring will be free of health problems. We have a two year health guarantee on all of our puppies. If your puppy is suffering from health problems and is two years or younger, with proof by a licensed veterinarian's signed evaluation or proof of test failure from a health certification registry you may recieve a new puppy as compensation. If we have no litters planned for the immediate future, we will give you back the initial buying price of the dog. "Health issue" is a loose term. The health concerns that are not included in this contract will be discussed with you.

5. ALL PUPPIES ARE SOLD WITH CONTRACTS. Puppies are sold as pet or show. Pet puppies must be spayed or neutered by 18 months of age. If you change your mind about the pet status of your puppy, you have until then to contact us and tell us your reasons for wanting your dog as a show puppy. Just because the dog is a pet puppy, does not mean it can't be shown, and you are encouraged to show until the puppy is at the maximum 18 months of age. All show puppies are sold under strict breeding contract. If your intention is to breed, your dog must have a minimum of eyes and hips certified by a health registry. We require proof of these certifications before the dog is allowed to be bred. The dog it is being bred to must also have a minimum of eyes and hips certified, and must be the same breed. Neither dog may be bred before 2 years of age. Puppies must be sold with papers. All accidental pregnancies that would create mixed breeds or unregistereable dogs must be aborted early in the pregnancy.

Show males are sold under the promise three stud services (if your intention is to breed). Show females may be discounted in return for a future puppy or free in return for a litter or one lease with or without litter (if your intention is to breed). If you provide the health certifications and your female is free for a litter or lease, you may keep one puppy from the litter. This is only a first reservation, we do not guarantee that we will want a puppy or litter out of a female, or three stud services from a male. Basically any dog sold under the intentions of breeding becomes part of our breeding program, but whether or not we reserve this right is up to us. If the discounted/free females go from show to pet (you decide you do not want to breed and/or spay/neuter the dog), you will be required to make up for the rest of the inital buying cost, unless for reasons such as health or temperment that make them unbreedable. Because "show quality" is a loose term, we will not supply you with another show puppy unless your dog has a fault causing point loss.

6. Puppies are sold tattooed and microchipped so that if the dog ends up in a shelter or rescue, we will be contacted. If you gave the dog to the shelter or rescue on your own free will, or if the dog was seized for reasons of abuse or neglect, as a breach of this contract you will face a law suit.

Any breach of contract, no matter how small or severe, may require punishment by the return of your dog or a law suit.

[zoomer]

Wow, Jordan! That's an awesome contact, did you make that? I'm very proud of you! :) I could never make something as offical as that!

[wolfsoul]

Thanks! :) Yes I made it!

[Danegirl2208]

that is very good... great job!

[lute]

very good!

[king2005]

Once you have finished writting up the contract, go see a lawyer & have him/her look it over. They should be able to find loop holes or have better law wording.. It would be horrible if your contract had a loop hole & they broke your contract.

If a lawyer is too pricy, find several law students & let them at it for a while. Having more then one person looking it over is also good, cause everyone reads things differently & they can cover more loop holes :)

I only know this casue we had something done up by a couple law students & they did a wonderful job!

[Lady's Human]

I sincerely doubt the credit card number will fly. I know regardless of how much I loved the pup I would refuse that stipulation. It simply gives you too much access to information.

[Jods]

#2 is a little bit much if you are selling puppies you have to understand that you can't know of their wherabouts at all times that is silly and I would never give you my credit card number, but the rest is awesome!

[wolfsoul]

you have to understand that you can't know of their wherabouts at all times that is silly
I have to respectfully disagree --- I feel that if you are bringing lives into the world, you are responsible for those lives. You have to protect them as much as possible. My friend gave her dog away last year and didn't provide a contract. She was ecstatic that the home was in a city nearby so she could visit her dog every week. After a week, the guy had given her dog away, and now she has no idea where the dog is and will probably never see him again. For all she knows, he could be in a really bad home. That's why I feel you should always know where the dog is so that you can keep in contact with the owners. Visa's breeder doesn't really keep track of her pet puppies, and last year she heard from another breeder that one of her dog's had it's faced stabbed several times by someone that broke into the dog's house. She didn't have the dog's contact information so she couldn't offer them help or condolences. I don't know, I know several breeders that take people's credit card numbers, photocopy their birth certificates, or get their employer's information. It may seem extreme, but isn't it worth it?

[Danegirl2208]

i agree...you can never be to careful when dealing with puppies, they didnt ask to be born and its up to the breeder to make sure they go to the best homes possibe, and that they are going to live a safe life

[king2005]

I have to respectfully disagree --- I feel that if you are bringing lives into the world, you are responsible for those lives. You have to protect them as much as possible. My friend gave her dog away last year and didn't provide a contract. She was ecstatic that the home was in a city nearby so she could visit her dog every week. After a week, the guy had given her dog away, and now she has no idea where the dog is and will probably never see him again. For all she knows, he could be in a really bad home. That's why I feel you should always know where the dog is so that you can keep in contact with the owners. Visa's breeder doesn't really keep track of her pet puppies, and last year she heard from another breeder that one of her dog's had it's faced stabbed several times by someone that broke into the dog's house. She didn't have the dog's contact information so she couldn't offer them help or condolences. I don't know, I know several breeders that take people's credit card numbers, photocopy their birth certificates, or get their employer's information. It may seem extreme, but isn't it worth it?

I agree with you 100% there.. You can never ber TOO safe. & it also keeps dogs out of the shelters & unwanted litters!

[Ginger's Mom]

Sorry, but still objecting to #2. Of course, you may get their credit card number when they purchase the puppy as that may be the means of payment, but what I am wondering is how that will allow you to contact them in the future. Will the credit card company give you my personal information if I move or decide not to continue my relationship with you? Will the fact that you haven't heard from me or my pup give you enough reason to subpoena or otherwise obtain personal information about me? Sorry, although it may be very noble of you to want to go to any means to keep in contact with your pups, I think the people purchasing the pups have to be entitled to certain privacy safeguards.

[king2005]

Sorry, but still objecting to #2. Of course, you may get their credit card number when they purchase the puppy as that may be the means of payment, but what I am wondering is how that will allow you to contact them in the future. Will the credit card company give you my personal information if I move or decide not to continue my relationship with you? Will the fact that you haven't heard from me or my pup give you enough reason to subpoena or otherwise obtain personal information about me? Sorry, although it may be very noble of you to want to go to any means to keep in contact with your pups, I think the people purchasing the pups have to be entitled to certain privacy safeguards.

Breaking a contract gives the police the right to get the info. Its not like she can just call the company & get the info herself (even though its not very hard to get that info lol).. the law has to get it

[Lady's Human]

I would HIGHLY advise you to see a lawyer who specializes in contracts before you go forward with this. There are stipulations in there that I doubt would hold up in court.

[Ginger's Mom]

Breaking a contract gives the police the right to get the info. Its not like she can just call the company & get the info herself (even though its not very hard to get that info lol).. the law has to get it
What breach of contract?

[king2005]

What breach of contract?

If part of your contract is to keep yearly updates, or update phone # & mailing address', & you don't do that, that is breach of a contract.

thats all I ment.

[Jods]

I agree with the fact that if they no longer want the dog they must agree to give it back, but really thats all you can do. You can't make them tell you the whereabouts of the dog at all times. I understand you have the dogs best intrest at heart but its unrealistic. I don't think the police would do anything if you called them and told them the people you sold a puppy to moved and didn't tell you about it. Why don't you do something like the breeder we got Mercedes from does every once in a while she has a picnic and all the puppies from her litters are invited to meet and she gets to see the dogs again :)

edited to add: Other breeders copy people's birth certificates!! :eek: No wonder identity theft is so easy!

[DogLover9501]

It's very good. I think it should state something about the dog being a member of the family/indoor pet. I've seen that in a lot of contracts, and it's a good one.

I've never heard of the credit card/birth certificate thing, and it's definatly something that would make me a bit uneasy.

EDIT--I wanted to add that if there's forms, etc before you approve people, you should get enough information on them/have enough contact with them to know if they're the type of people to run off with a dog/give it away. Especially with references and such. Besides, if someone had an emergency/had to go away, I don't think the first thing they would worry about is contacting their dogs' breeder.

[wolfsoul]

The majority of Belgians are never sent within the same province/state -- they are almost always sent to other provinces, states, and a high percentage of the time to Europe, so the liklihood of them actually wanting to ship their dog back to me is not very good --- and while verbal communication can only assure so much, I'd rather talk to them and make sure they've approved the new home and get that home's contact information for me.

The reason I ALWAYS need the contact information is that if the dog is in a shelter or rescue and they contact me with the dog's tattoo number and microchip, I know exactly who is losing my dogs and for what reasons, so that I can warn other breeders and know not to sell them another dog. I can contact the owner after the shelter contacts me.

[Lady's Human]

Again, and I can't stress this enough, contact an attourney specializing in contract law before you do this. I know in the US parts of that contract would be illegal without a privacy act statement, and there are legal limitations on how long you can keep information.

[Jods]

Well it sounds as if you know what your doing I have never bred anything so I was just giving outsider advice anyways Good Luck!

[dab_20]

I think it sounds great!! I can understand that you want to know where the dog is so you can contact the owners when you need to. Great job. :)

[IRescue452]

What will you do if a person doesn't own a credit card? I only have one and its expired having never been used. Not many people can say they don't have one by the time they are almost done with college but I'll be the exception.

[Love That Collie]

Wolfsoul, That looks like a very good contract. :)
There is just one area (small one) that CAN be included but not
advisible. The section where you state that the buyer MAY be asked
to provide their credit card number in case they disappear. MOST know-
ledgable persons will not and should not ever surrender their credit card
number for purposes such as this.

It is the purchasers responsibility to honor this contract and if they do not
then it is up to you to find them should they "disappear" or ask for another
means of contact for possibly locating them in the future.

You perhaps will have purchasers willing to do this BUT you might miss out
on an adoption to a wonderful forever home also.

I know I would not give anyone my credit card number for this purpose.
Oh, I also need to say that I do work in the legal profession and have for over
15 years and I do know that while ANYONE can put anything in a contract
but it doesn't mean that it is legal and binding in its entirety. Contracts are broken every day. Yes, I agree that you should pay an attorney :eek:
to look this over.

And King.....sorry, but breaking a contract doesn't give the police ANY
power over something like this...........this would be a Civil Case matter.

[Lady's Human]

Reasons the Credit Card/Birth cert or other requirement for personal data are a major problem:

Where are you going to store the info?

If on an IT (computer) system is it certified against unauthorized intrusion?

If in a safe does it meet bank standards?

How long?

How much liability insurance are you going to carry for loss of the data or security breach of the data? (you can do a lot with a birth cert or CC#)

How are you going to notify the person that the data has been compromised if it happens?

[Cookiebaker]

OK, I'm going to try and say this nicely, and I'm probably a reject, but if I was looking for a pet, there is no way I would sign papers that required me to sign over a credit card number so that I can be tracked. Not in this day, where identity theft is so rampant. I would walk away, and find a different source to find a puppy/dog. Also, the part where you need to know exactly where the dog is, at all times, seems to be excessive. Again, I wouldn't sign a contract, having to keep tabs with someone else to make sure THEY think that I am taking care of my dog. That's my business.

[Roxyluvsme13]

I think it looks pretty good, and I think the whole credit card thing is no big deal. I'll go see if I can find Lily's breeder's contract.

[zoomer]

I have to respectfully disagree --- I feel that if you are bringing lives into the world, you are responsible for those lives. You have to protect them as much as possible. My friend gave her dog away last year and didn't provide a contract. She was ecstatic that the home was in a city nearby so she could visit her dog every week. After a week, the guy had given her dog away, and now she has no idea where the dog is and will probably never see him again. For all she knows, he could be in a really bad home. That's why I feel you should always know where the dog is so that you can keep in contact with the owners. Visa's breeder doesn't really keep track of her pet puppies, and last year she heard from another breeder that one of her dog's had it's faced stabbed several times by someone that broke into the dog's house. She didn't have the dog's contact information so she couldn't offer them help or condolences. I don't know, I know several breeders that take people's credit card numbers, photocopy their birth certificates, or get their employer's information. It may seem extreme, but isn't it worth it?


I agree. You have a total right to have their credit card number if they really want a puppy they'll give it to you. And your contract shows you care about the puppies, I agree with everything on it and I think you should know they're credit card number. It's not silly at all.

[K9soul]

Honestly I'd not give my credit card number or any other vital information like that in which, if it got in the wrong hands, could be used to really wreck my life. That's not saying I'd necessarily suspect the breeder of any bad intentions, however they would have to store this information somewhere, and that means it is possible that somewhere, somehow, someone else who shouldn't might have a means to get access to it whether it's by computer hacking programs or someone breaking in and stealing it. I certainly think there's nothing wrong with requesting regular updates and any address changes, but I think I would personally do careful screening to begin with, request strongly that the person stay in contact, and at some point have to accept that the dog is out of your hands and you have done all you can to ensure it has a good home with responsible owners.

I was in close contact with Willie's breeder until we stopped showing him and he was neutered. At that point other than occasional updates we didn't talk to her much. When I moved to Minnesota, he was 8, and I did not call up and tell the breeder. We hadn't been in contact for a few years by then anyway, and he was no longer being shown, was not a breeding prospect. She knew the caliber of people we were that we'd never rehome him. I just had so much going on in my life at the time, I didn't even think about it.

Now, those of you saying "it's no big deal" (at least as far as I can tell) are younger, and haven't lived on your own and haven't experienced being burned or the very real threat of identity theft. I'd suggest you read up on it a bit. It is serious and it is becoming more and more of a common crime: IDENTITY THEFT (http://www.usdoj.gov/criminal/fraud/idtheft.html#What%20Are%20Identity%20Theft%20and%2 0Identity)

All it would take is someone finding out that a breeder collects credit card numbers, and then finding a way to get a hold of them. That is why in America at least, Privacy Act laws are very, very strict, and I doubt that contract would be legal here.

If you are determined to go with it, I'd definitely take Lady's Human's advice and make sure with an attorney that it is legal. In that case, if you had people willing to hand over those kinds of things and take the risk, more power to you and I'd just hope you never "lost" any of those things in some way, that would be a lot to be responsible for. :p. Personally I just would never take the chance..

My 2 cents.. or perhaps it was closer to a dollar :D

[binka_nugget]

Looks good!

I don't think #2 is too big of a deal. I'd be weary of any breeder who didn't require current addresses. It shows that the breeder is geniunely concerned about where their dogs end up. It's not like it's that big of a hassle to send an email or call the breeder and simply tell them the new address. The most it'd take is 5 minutes. :\

I don't know if I'd hand over a credit card number though. If I didn't know you personally, I think I'd keep looking around for other breeders.

[wolfsoul]

If the credit card thing is a big deal, I think instead I will ask for their place of employment and phone numbers of 10 references. I bet that would make it easy to track someone down.

[Corinna]

E=mail it to cataholic she is a lawyer here in the states maybe she could help you out. I don't think she gets to the dog side much.

[Danegirl2208]

If the credit card thing is a big deal, I think instead I will ask for their place of employment and phone numbers of 10 references. I bet that would make it easy to track someone down.

Thats is also a good idea..Malakais breeder required 5 refrences and info on my place of employment

[Lady's Human]

TALK TO A LAWYER!

References? No big deal. Place of employment? No way.

The main reason for speaking to a lawyer when writing a contract like this is to make sure that the contract is legal and enforceable. The US has stringent (not stringent enough, but) privacy laws that strictly define what you can and cannot ask for in relation to a contract, and what you can do with that data, how long you can keep it, etc. I'm sure Canada has similar laws in effect.

Not trying to be mean, nasty or offensive, but if you are this concerned with the ability to get the puppy back from the owner, are you sure you should be breeding? At some point you have to be able to let go.

[cali]

over all its a great contract, the credit card bit is the only one that worries me, I would NEVER give out my credit card number. I know you, and I know you would not go useing peoples numbers, but if you were a total stranger to me and I wanted a puppy, and was told to give my credit card info I would go "scam" and walk right out the door.

[Lori Jordan]

If the dogs microchipped,The owners will change it over to there address right?When i got Bandit at the beggining the breeders had there information,and i was given the paperwork to change it over to my name for a fee of like 25.00$Which you would also have to do.
You are very caring i can see that but all my guys are from Breeders and i would feel as if they were not my dogs if i have to follow through with all that.My contracts never had where they had too tell me every move they made,Now i would of liked to know if the animal ended up in a shelter but take into consideration,If the dog can no longer be taken care of ,I'd hope the buyer would have enough Heart to call back and tell the Breeders that they are returning the dog.Also there is the screening also i have done it now you can't tell everything in 5 minutes of meeting but i myself can make a good judgment,I have refused more than one person.
Your heart is in the right place it really is,But i don't think there is that many people out there that have money to spend on a dog to mistreat it.

[lv4dogs]

You are very caring i can see that but all my guys are from Breeders and i would feel as if they were not my dogs if i have to follow through with all that.My contracts never had where they had too tell me every move they made,Now i would of liked to know if the animal ended up in a shelter but take into consideration,If the dog can no longer be taken care of ,I'd hope the buyer would have enough Heart to call back and tell the Breeders that they are returning the dog.Also there is the screening also i have done it now you can't tell everything in 5 minutes of meeting but i myself can make a good judgment,I have refused more than one person.

Your heart is in the right place it really is,But i don't think there is that many people out there that have money to spend on a dog to mistreat it.

My contract with Kaige is fairly similar to hers. Asking many of the same questions (except the credit card info thing and a few other smaller things), telling me what I am and am not allowed to do, in regards to showing, breeding, grooming, etc... And I was VERY pleased that it was so in detail. Made it clear to understand and proved that the breeder truely cared about her pups. You'd be suprised how many buyers do not return the pups nor let the breeders know if or when they are giving their dogs up & to where they are going to. Volunteering at shelters has tought me that one. We'd always get in dogs with tats, microchips, etc... that came from breeder even WITH contracts liek this one, where they HAVE to let the breeder know. Even the BEST of breeders have a few dogs out there that they don't know what happened to. Some buyers just seem to drop off the face of the earth.

And you should always meet potential buyers multiple times, so you have more than 5 or so minutes to judge them.

When I worked at the vets office, most of the dogs that had behavioral problems and were not well groomed, etc... were rich peoples dogs. They get them because they are the "in" breed to own or who knows what other reasons. They soon realize that they are not what they want & they kind of kick them to the curb, usually buy build them a kennel for them to live in the rest of their lives.
This was one of our (us who worked at the vets) biggest pet peaves. You'd be surprised what people with a lot of money do.

I don't mean to be rude lori, I do agree with some things, but there are some creapy people out there, with money at that. You can never be too careful.

[Lori Jordan]

And that is true...But there is also well presentable people to that dont have a dime to back them..It's a touchy situation with me really you never know where these pups are going you can just hope for the best.