THIS AGREEMENT is made on the …………..day of……….20……., (hereinafter “Effective Date”) by:
- (hereinafter “Company”);
- Crayola Kennels (hereinafter “Stud Owner”); and
- Sam Elk (hereinafter “Dam Owner”);
|Contacts||Company||Stud Owner||Dam Owner|
|Address||7703 Cape Horn Ct, Orlando, FL 32831|
All Parties are collectively referred to as the “Parties” or individually as the “Party” and includes that Party’s successors and assigns.
In consideration of covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and conditions and to be bound thereby:
- The Services. The Purpose of this Agreement is to provide for breeding terms between the Stud named 50 Shades of Grey and the Dam named ____________________. The Dam’s breeding success will be confirmed by the 35th day after breeding. Should anything happen to the Stud herein impacting the breeding, the Stud credit shall be moved to another Stud of equal or more value. The Dam Owner shall have15 months to use the Stud credit.
- Fees. For the breeding services rendered, the fee payable by the Dam Owner shall be $ 8,000 due before the overnight shipping or live breeding. There shall be $ 1,000 deposit of the fee payable on ______________date.
The Dam Owner shall be responsible for the semen collection/insemination and shipping fees which the price of FedEx overnight shipping shall determine. If shipping is not needed, the Dam Owner shall meet the Stud Owner at Stockton, California.
All payments shall be NON-REFUNDABLE and made through either of the following channels:
- Unsuccessful breeding. Should the Stud and Dam’s breeding be unsuccessful, the Company shall offer a re-breed, free of charge, but the Dam owner shall still be liable to pay the collection/insemination and shipping fees.
- Obligations of the Parties
- Pay for any fee due and owing in this Agreement when it falls due.
- Ensure that the Stud is in good physical condition, current with annual vaccinations, and a 4-panel health cleared.
- Ensure that the sperm being used or sent is active.
- Promptly sign the litter registration and return it to the Dam Owner. They will sign off litter once the puppies are five weeks of age. (Two or more puppies constitute a litter, whether born alive or dead.)
- Provide, free of charge, a return stud service of the same Stud to the same Dam herein if there is unsuccessful breeding or the breeding results in less than two surviving puppies. The return service shall be provided to the Dam at her next heat or within one year subject to the satisfaction of this Agreement’s conditions.
- Ensure that the Dam is in good health and in season, progesterone determined by a veterinarian.
- Properly confine the Dam after the breeding to avoid any accidental breeding with another dog before the mating season is over.
- Inform the Stud Owner in writing of an unsuccessful breeding or one that results in less than two surviving puppies within 70 days of the breeding; failure to which they shall not receive the return service by the Stud Owner. The Dam Owner must send pictures, videos, and doctors’ proof of the unsuccessful breeding. If the Dam does not conceive on term #5, this contract shall be terminated.)
- Pay for the collection/insemination and shipping fees for the return service by the Stud Owner.
- Not knowingly sale or transfer any puppies resulting from whelping herein to persons involved in the retail or wholesale of dogs.
- Dispute resolution. Parties agree to settle disputes under this Agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration ☐Litigation
- General provisions.
This Agreement may be amended only by the written consent of the Parties hereto. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Agreement constitutes the entire Agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Agreement. The parties will exercise utmost good faith in this Agreement. Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which constitute the same instrument. The Article and Section headings in this Agreement are for convenience, and they form in no part of this Agreement and shall not affect its interpretation. Whenever used herein, the singular number shall include the plural, and the plural number shall include the singular. Any references herein to the masculine gender or the masculine form of any noun, adjective, or possessive shall be construed to include the feminine or neuter gender and form, and vice versa. This Agreement shall be governed in all respects by the laws of Orlando, Florida, and its Courts without regard to its conflict of law provisions.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, as set forth below. By signing, the Parties acknowledge that they have read and understood this Agreement, they have the capacity to contract and enter into this Agreement, and that further, they have entered into this Agreement freely and voluntarily.
|Signed by the duly authorized representative of the COMPANY Signature: Name: Designation: Date:||Signed by the STUD OWNER Signature: Name: Date:||Signed by the DAM OWNER Signature: Name: Date:|
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