Puppy Contracts
Our puppy contract is binding and the new owners must abide by it. Failure to do so could result in a fine or removal of the puppy from their home. We reserve the right to take back any puppy that we deem is in an unfit home.
For a co-owned show prospect contract, please email us.
Below is a copy of our contract.
COMPANION DOG CONTRACT
Keswick Labrador Retrievers
Nicole Marcil, of _____________ (the ‘Breeder’), and _______________, of _______________(the ‘Purchaser’) agree that: UPON PAYMENT of the sum of $ _______________, from the Purchaser to the Breeder (the purchase price) AND the signing of this contract, which signifies the Purchasers agreement to all TERMS, CONDITIONS and CLAUSES governing the sale; the Breeder grants, sells, conveys ownership of the following companion Dog (as described), to the Purchaser. The Breeder now holds no responsibility in any form for the Dog described, other than what is expressed herein, and the Purchaser agrees to indemnify and hold harmless Breeder for any liability, which may occur involving the following dog (the ‘Dog’), described as:
Microchip: ___________________________________
DOB: __________________________
Gender: _______
CKC Registration Name: ___________________________________________________
Breed: Labrador Retrievers
Purchaser agrees to be liable for all transportation fees, expenses, and miscellaneous agreed upon fees, not limited to: DNA testing, shipping kennel, wages lost, vet bills, flight/customs health certificates, certified pedigree, export pedigree, and gas, that are incurred by the Breeder for the Dog and must be paid in full to the Breeder a minimum of seventy two (72) hours prior to Dogs departure. Purchaser agrees that Breeder is not liable in any shape or form, for injury or death of Dog during transportation and delivery.
SECTION 1: BREEDERS REPRESENTATIONS AND HEALTH WARRANTY
A. Legality of Sale - Breeder is the legal owner of the Dog, that Breeder has full right and authority to sell the Dog, and the Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
B. Registration - That the Dog is a Labrador Retriever, offspring of a Labrador Retriever sire, and a Labrador Retriever dam and is eligible for CKC Registration. Breeder will register the Dog with a non-breeding agreement registration, with a name of their choosing and the prefix “Keswick” first, with the CKC, at their expense. It will be mailed by the Breeder to the Purchaser in their name once proof of spay/neuter has been provided to the Breeder from the Purchaser’s veterinary office.
C. ISO Microchip - The Dog has been implanted with an ISO international microchip (TROVAN) as a permanent source of identification, this chip will be registered with CanadaCHIP in the Purchasers name, with the Breeder as the “Emergency Contact”.
D. Limited Short-Term Health Warranty - Breeder agrees to refund purchase price of Dog upon return to Breeder or, at Breeders discretion, to replace Dog at no charge to Purchaser except transportation and any incidental fees related to travel, if within 72 hours the dog is found to be suffering from communicable disease, attributable to the Breeder, as determined by a licensed veterinarian and confirmed by lab results. Warranty is limited to the amount of purchase price minus the deposit, and does not include incidental expenses or veterinary bills incurred by the Purchaser. Discovery of the disease within 72 hours of Purchaser taking possession of dog must be documented in writing from the veterinarian, including relevant lab results and testing, and presented to the Breeder within one week of taking possession of the puppy. Failure by Purchaser to have the Dog examined within the seventy two (72) hour period will nullify this warranty. If Purchaser chooses to keep the Dog, regardless of Veterinarians negative findings, no replacement will be given, nor any monies refunded, and all medical costs and other treatment costs or costs relevant to the dog in every way are the sole responsibility of the Purchaser in FULL. In the event that the dog is acquired on a weekend/holiday, the warranty begins at 8:00 AM on the Monday/next working day. Warranty does NOT cover: Allergies, umbilical hernias that are not lethal, mild heart murmurs that, as determined by a vet, most likely will be outgrown with age, nor any internal (i.e. Giardia, Coccidia or Worms etc.) or external parasites (i.e. fleas, ticks, lice etc.), which will NOT be grounds for any refund nor replacement.
E. Limited Genetic Health Warranty - Breeder agrees to replace the Dog with a dog of equal value if it is not able to function as a companion dog due to an incurable and/or fatal disease or orthopaedic condition BEFORE three years of age, proven to be of genetic origin in writing from a veterinarian. Purchaser must contact Breeder within thirty days of the day the vet diagnosis. Vet must state in writing that it “is of genetic origin”, with attached proof. Proof of any claim must be made in writing directly from Purchaser’s veterinarian to Breeder. Breeder has the right to get the Dog re-examined by Breeders chosen veterinarian, at Breeders expense. Breeder has two full years from the diagnosis date to replace Dog with a dog of the same value, quality, and gender of the original. The replacement will be of Breeders choosing. Breeder is not liable for shipping, travel, delivery, boarding or any other expenses incurred by the Purchaser in replacement of the Dog. If Purchaser decides not to receive a replacement, or denies the replacement chosen by the Breeder, no refund nor replacement dog of any kind will be given to Purchaser at any time thereafter, and that Breeder reserve the option to refund the Purchase Price of Dog in lieu of a replacement dog, at any time, prior to any replacement dog being placed in the possession of the Purchaser. Purchaser must sign and agree to Breeders sales contract for the replacement dog. Dog will only be eligible for replacement, one time and to original Purchaser only.
Breeder Signature: _______________________________________
Date: _______________________
SECTION 2: TERMS AND CONDITIONS OF SALE
A. Dogs Registered Name - Purchaser agrees that Breeder will choose the CKC registration name of the Dog. This cannot be changed at any time and Purchaser agrees that the Dog will maintain this exact same name with all registration bodies unless otherwise approved of by Breeder.
B. Contact Information -Purchaser agrees to notify Breeder of any change of address, e-mail, or phone number, for the duration of Dogs lifetime.
C. Over-Exercise and Jumping - Purchaser agrees to not allow Dog to partake in any stressful exercise until the Dog reaches at least 14 months. (i.e. jumping over elbow height, running while connected to a bike or sled) If the above has been practiced with Dog, the Genetic Warranty is null or void.
D. Weight and Nutrition - To keep Dog at a comfortable slim weight for Dogs entire lifetime. If it is found that Dog is 10 pounds overweight, all Genetic Warrantees are null or void. If over 20 pounds overweight, this is considered neglect and abuse, and Breeder, or Breeders agent, have the right to repossess Dog. Purchaser agrees to sign all CKC registration papers of Dog into the Breeder(s) name and/or gives the CKC and any other registration bodies’ permission to change Dog’s ownership back into the name of Dog’s Breeder. Purchaser agrees to feed an adult dog food for the duration of the dog’s life in order to maintain proper growth rate.
E. Yearly Update and Photo - To send at least 1 coloured photograph no smaller than 5 X 7, and a short note about the Dog to the Breeder(s), at least once a year. Can be through e-mail/text.
F. Returning Dog to Breeder - THAT UNDER NO CIRCUMSTANCE IS THIS DOG EVER TO BE SURRENDERED TO A SHELTER, GIVEN AWAY, OR SOLD TO A NEW HOME, OR DESTROYED (unless dog is in incurable PHYSICAL pain with veterinary proof, or it is ordered by the court of law). That includes, but not limited to; relatives, friends, neighbours or strangers. Purchaser agrees that if Dog is not wanted, or the Purchaser us unable to provide basic care for Dog or cannot keep the dog for whatever reason, it will be returned to the Breeder at the cost of the Purchaser, without any refund in any shape or form. In the event that the Purchaser should die or become physically unable to care for Dog, the ownership shall revert, and the Dog returned to the Breeder gratis. (Breeder strongly recommends that this stipulation be included in the Purchasers will along with the Breeders name, address and phone number, that the family members be informed of this stipulation and that they be given the Breeder’s name, address and phone number.) The Dog is NEVER to come into residency with any other individual without prior written and signed consent of the Breeder. Purchaser agrees to pay to the Breeder ten thousand dollars in damages ($10,000) for failure to return Dog to Breeder as is agreed.
G. Training Classes and Socialization - To attend at least two sets (6-8 classes per set) of obedience or puppy classes with a trainer before one (1) year of age. Purchaser further agree to socialize the Dog with new people and other new dogs to prevent permanent damages to dogs temperament and to prevent unwanted negative aggressive or fear based behaviours.
H. Abuse and Neglect - That if Dog is neglected or abused due to Purchaser failing to provide adequate food, water, shelter from the cold and/or heat, veterinary care, physical stimulation (i.e. exercise etc.), mental stimulation (i.e. playing, training etc.), and socialization, to keep Dog mentally and physically healthy, that Breeder has full right to repossess Dog and any offspring of Dog owned by the Dogs Purchaser by same. Purchaser agrees to be responsible for all costs incurred by the Breeder and Breeders agents in order to restore Dog and any offspring of Dog to a healthy physical and mental state. Purchaser agrees to pay all shipping, or travel costs to transfer the Dog and any offspring to the Breeders chosen location. Purchaser agrees to sign all registration papers of Dog and Dog’s offspring owned by the Purchaser, into the Breeders name, and/or gives the CKC/registration bodies permission to change Dog’s ownership and Dog’s offspring’s owned by the Purchaser, into the name of Dog’s Breeder (Nicole Marcil) at the expense of the Purchaser.
I. Breeding - That if Purchaser breeds the dog, regardless if breeding was on purpose or by accident, and Dog is FEMALE, Purchaser, at their sole expense, will return Dog to Breeder IMMEDIATELY and sign a lease agreement into the Breeders name for the duration of the breeding dates through to the weaning dates of the litter. Litter will be solely owned by the BREEDER and all resulting puppies are property of Breeder. Female Dog will be returned to Purchaser at Purchasers expense AFTER pups are fully weaned and the dog is spayed at the Purchaser’s expense by the Breeder’s veterinarian. In the case that this Dog is MALE or the litter is not eligible for CKC registration, it is agreed that a five thousand dollar ($5000) damage fee is to be paid to the Breeder from the Purchaser prior to the litters 8 weeks birthday. If Purchaser attempts to hide litter or pups, forges Breeders signature, falsifies any paperwork, fails to obtain Breeders signature on registration papers, fails to register a litter produced by this Dog, fails to pay money owed, or give puppies owing to Breeders, as specified, the Breeder will be entitled to liquidated damages from the Purchaser in the minimum sum of ten thousand dollars ($10,000.00), and the parties agree the said sum is a genuine pre-estimate of the minimal damages for breach of this condition.
J. General Expenses - That all expenses incurred for the daily care, veterinary care, food, and boarding of this dog and all other fees pertaining to this dog in general are the responsibility of the Purchaser.
K. Place of Residence - That Dog will reside with at least one of the Purchasers or Breeder, and will not be sent to live or board with any other person, trainers, with the exception of a professional registered boarding kennel business, UNLESS otherwise agreed upon by the Breeder in writing.
L. Fitness of Purpose - Purchaser agrees that a “companion” Dog is defined as; a Dog determined on date of sale as well enough to live a pain free, well-balanced healthy life based on early (prior to eight weeks of age) structural and temperament evaluations, by the Breeder but that Breeder does not provide any warranty as to the Dog’s fitness for any specific purpose, including performance events, show ring performance, and/or breeding purposes. Purchaser further understands and agrees that there is a risk associated with purchasing a Dog who is young, and thus still maturing for many years, and that the Breeder will not be held liable nor accountable in any way if this Dog does not meet the Purchaser’s idea of performance or show quality at maturity neither mentally nor physically.
M. Indemnity and Release - If any action or failure to act on the part of Purchaser shall result in any claim, suit, loss, damage, injury, death, or liability, Purchaser agrees to defend, indemnify, and hold Breeder harmless and to pay all of Breeders costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgment with respect thereto. Purchaser releases Breeder from any and all liability, costs or damages caused by the Dog after placement with Purchaser, including but not limited to damage to or destruction of property, and injury to any person.
N. Legal Action and Legal Fees of Breeder - The Purchaser is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Breeder in enforcing this Contract as a result of any default of this Contract by the Purchaser. In the case of a dispute over one or more of the Terms and Conditions of this Contract, the remaining Terms and Conditions contained herein are still legal and binding unless otherwise agreed upon in writing by both parties.
O. Limitation of Action - Any action or claim brought by Purchaser against Breeder(s) for breach of this Contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.
P. Governing Law - This Contract shall be governed by and construed in accordance with the laws of Ontario, CANADA.
Q. Value of Dog - It is understood that the courts have a hard time assessing the value of Dog and it’s training, in consideration of, it is mutually agreed that the Dog’s value will be as follows; Dog at time of Purchase is valued at the Purchase Price, as specified on this Contract, + per championship earned the value increases by one thousand dollars ($1000), + per performance title earned the value increases by five hundred dollars ($500).
R. Confidentiality - This is a private Contract, it is agreed by the Purchaser that the terms of this Contract will not be shared with other parties outside from those mentioned herein, unless: (I) to a third party where the Breeder has agreed in writing; and (II) to the extent required by law or by the request or requirement of any judicial body.
S. Force Majeure - In the unforeseen circumstance that Purchaser or Breeder is unable to complete the actions, services, or agreements during the timeframes specified on this contract due to a Force Majeure (i.e tornado, pandemic, snow or ice storm, war, flash flood, virus etc.) or any event that might put either parties and their team at risk of injury in any form, they will not be forced to complete the terms herein within the timeframe specified. Reasonable effort will be made by the parties to complete them at the earliest opportunity. No refund nor monies will be refunded to the Purchaser from the Breeder in any case.
T. Amendments - This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed, and dated by both parties shall be recognized as amendments to this contract.
U. Entire Contract - This Contract represents the entire agreement between the parties. Breeder(s) and Purchaser have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated and included within this Contract.
Purchasers and Breeders agree to abide by all Terms and Conditions herein, and have duly affixed their signature under hand and seal on:
____________________________________.
For a co-owned show prospect contract, please email us.
Below is a copy of our contract.
COMPANION DOG CONTRACT
Keswick Labrador Retrievers
Nicole Marcil, of _____________ (the ‘Breeder’), and _______________, of _______________(the ‘Purchaser’) agree that: UPON PAYMENT of the sum of $ _______________, from the Purchaser to the Breeder (the purchase price) AND the signing of this contract, which signifies the Purchasers agreement to all TERMS, CONDITIONS and CLAUSES governing the sale; the Breeder grants, sells, conveys ownership of the following companion Dog (as described), to the Purchaser. The Breeder now holds no responsibility in any form for the Dog described, other than what is expressed herein, and the Purchaser agrees to indemnify and hold harmless Breeder for any liability, which may occur involving the following dog (the ‘Dog’), described as:
Microchip: ___________________________________
DOB: __________________________
Gender: _______
CKC Registration Name: ___________________________________________________
Breed: Labrador Retrievers
Purchaser agrees to be liable for all transportation fees, expenses, and miscellaneous agreed upon fees, not limited to: DNA testing, shipping kennel, wages lost, vet bills, flight/customs health certificates, certified pedigree, export pedigree, and gas, that are incurred by the Breeder for the Dog and must be paid in full to the Breeder a minimum of seventy two (72) hours prior to Dogs departure. Purchaser agrees that Breeder is not liable in any shape or form, for injury or death of Dog during transportation and delivery.
SECTION 1: BREEDERS REPRESENTATIONS AND HEALTH WARRANTY
A. Legality of Sale - Breeder is the legal owner of the Dog, that Breeder has full right and authority to sell the Dog, and the Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
B. Registration - That the Dog is a Labrador Retriever, offspring of a Labrador Retriever sire, and a Labrador Retriever dam and is eligible for CKC Registration. Breeder will register the Dog with a non-breeding agreement registration, with a name of their choosing and the prefix “Keswick” first, with the CKC, at their expense. It will be mailed by the Breeder to the Purchaser in their name once proof of spay/neuter has been provided to the Breeder from the Purchaser’s veterinary office.
C. ISO Microchip - The Dog has been implanted with an ISO international microchip (TROVAN) as a permanent source of identification, this chip will be registered with CanadaCHIP in the Purchasers name, with the Breeder as the “Emergency Contact”.
D. Limited Short-Term Health Warranty - Breeder agrees to refund purchase price of Dog upon return to Breeder or, at Breeders discretion, to replace Dog at no charge to Purchaser except transportation and any incidental fees related to travel, if within 72 hours the dog is found to be suffering from communicable disease, attributable to the Breeder, as determined by a licensed veterinarian and confirmed by lab results. Warranty is limited to the amount of purchase price minus the deposit, and does not include incidental expenses or veterinary bills incurred by the Purchaser. Discovery of the disease within 72 hours of Purchaser taking possession of dog must be documented in writing from the veterinarian, including relevant lab results and testing, and presented to the Breeder within one week of taking possession of the puppy. Failure by Purchaser to have the Dog examined within the seventy two (72) hour period will nullify this warranty. If Purchaser chooses to keep the Dog, regardless of Veterinarians negative findings, no replacement will be given, nor any monies refunded, and all medical costs and other treatment costs or costs relevant to the dog in every way are the sole responsibility of the Purchaser in FULL. In the event that the dog is acquired on a weekend/holiday, the warranty begins at 8:00 AM on the Monday/next working day. Warranty does NOT cover: Allergies, umbilical hernias that are not lethal, mild heart murmurs that, as determined by a vet, most likely will be outgrown with age, nor any internal (i.e. Giardia, Coccidia or Worms etc.) or external parasites (i.e. fleas, ticks, lice etc.), which will NOT be grounds for any refund nor replacement.
E. Limited Genetic Health Warranty - Breeder agrees to replace the Dog with a dog of equal value if it is not able to function as a companion dog due to an incurable and/or fatal disease or orthopaedic condition BEFORE three years of age, proven to be of genetic origin in writing from a veterinarian. Purchaser must contact Breeder within thirty days of the day the vet diagnosis. Vet must state in writing that it “is of genetic origin”, with attached proof. Proof of any claim must be made in writing directly from Purchaser’s veterinarian to Breeder. Breeder has the right to get the Dog re-examined by Breeders chosen veterinarian, at Breeders expense. Breeder has two full years from the diagnosis date to replace Dog with a dog of the same value, quality, and gender of the original. The replacement will be of Breeders choosing. Breeder is not liable for shipping, travel, delivery, boarding or any other expenses incurred by the Purchaser in replacement of the Dog. If Purchaser decides not to receive a replacement, or denies the replacement chosen by the Breeder, no refund nor replacement dog of any kind will be given to Purchaser at any time thereafter, and that Breeder reserve the option to refund the Purchase Price of Dog in lieu of a replacement dog, at any time, prior to any replacement dog being placed in the possession of the Purchaser. Purchaser must sign and agree to Breeders sales contract for the replacement dog. Dog will only be eligible for replacement, one time and to original Purchaser only.
Breeder Signature: _______________________________________
Date: _______________________
SECTION 2: TERMS AND CONDITIONS OF SALE
A. Dogs Registered Name - Purchaser agrees that Breeder will choose the CKC registration name of the Dog. This cannot be changed at any time and Purchaser agrees that the Dog will maintain this exact same name with all registration bodies unless otherwise approved of by Breeder.
B. Contact Information -Purchaser agrees to notify Breeder of any change of address, e-mail, or phone number, for the duration of Dogs lifetime.
C. Over-Exercise and Jumping - Purchaser agrees to not allow Dog to partake in any stressful exercise until the Dog reaches at least 14 months. (i.e. jumping over elbow height, running while connected to a bike or sled) If the above has been practiced with Dog, the Genetic Warranty is null or void.
D. Weight and Nutrition - To keep Dog at a comfortable slim weight for Dogs entire lifetime. If it is found that Dog is 10 pounds overweight, all Genetic Warrantees are null or void. If over 20 pounds overweight, this is considered neglect and abuse, and Breeder, or Breeders agent, have the right to repossess Dog. Purchaser agrees to sign all CKC registration papers of Dog into the Breeder(s) name and/or gives the CKC and any other registration bodies’ permission to change Dog’s ownership back into the name of Dog’s Breeder. Purchaser agrees to feed an adult dog food for the duration of the dog’s life in order to maintain proper growth rate.
E. Yearly Update and Photo - To send at least 1 coloured photograph no smaller than 5 X 7, and a short note about the Dog to the Breeder(s), at least once a year. Can be through e-mail/text.
F. Returning Dog to Breeder - THAT UNDER NO CIRCUMSTANCE IS THIS DOG EVER TO BE SURRENDERED TO A SHELTER, GIVEN AWAY, OR SOLD TO A NEW HOME, OR DESTROYED (unless dog is in incurable PHYSICAL pain with veterinary proof, or it is ordered by the court of law). That includes, but not limited to; relatives, friends, neighbours or strangers. Purchaser agrees that if Dog is not wanted, or the Purchaser us unable to provide basic care for Dog or cannot keep the dog for whatever reason, it will be returned to the Breeder at the cost of the Purchaser, without any refund in any shape or form. In the event that the Purchaser should die or become physically unable to care for Dog, the ownership shall revert, and the Dog returned to the Breeder gratis. (Breeder strongly recommends that this stipulation be included in the Purchasers will along with the Breeders name, address and phone number, that the family members be informed of this stipulation and that they be given the Breeder’s name, address and phone number.) The Dog is NEVER to come into residency with any other individual without prior written and signed consent of the Breeder. Purchaser agrees to pay to the Breeder ten thousand dollars in damages ($10,000) for failure to return Dog to Breeder as is agreed.
G. Training Classes and Socialization - To attend at least two sets (6-8 classes per set) of obedience or puppy classes with a trainer before one (1) year of age. Purchaser further agree to socialize the Dog with new people and other new dogs to prevent permanent damages to dogs temperament and to prevent unwanted negative aggressive or fear based behaviours.
H. Abuse and Neglect - That if Dog is neglected or abused due to Purchaser failing to provide adequate food, water, shelter from the cold and/or heat, veterinary care, physical stimulation (i.e. exercise etc.), mental stimulation (i.e. playing, training etc.), and socialization, to keep Dog mentally and physically healthy, that Breeder has full right to repossess Dog and any offspring of Dog owned by the Dogs Purchaser by same. Purchaser agrees to be responsible for all costs incurred by the Breeder and Breeders agents in order to restore Dog and any offspring of Dog to a healthy physical and mental state. Purchaser agrees to pay all shipping, or travel costs to transfer the Dog and any offspring to the Breeders chosen location. Purchaser agrees to sign all registration papers of Dog and Dog’s offspring owned by the Purchaser, into the Breeders name, and/or gives the CKC/registration bodies permission to change Dog’s ownership and Dog’s offspring’s owned by the Purchaser, into the name of Dog’s Breeder (Nicole Marcil) at the expense of the Purchaser.
I. Breeding - That if Purchaser breeds the dog, regardless if breeding was on purpose or by accident, and Dog is FEMALE, Purchaser, at their sole expense, will return Dog to Breeder IMMEDIATELY and sign a lease agreement into the Breeders name for the duration of the breeding dates through to the weaning dates of the litter. Litter will be solely owned by the BREEDER and all resulting puppies are property of Breeder. Female Dog will be returned to Purchaser at Purchasers expense AFTER pups are fully weaned and the dog is spayed at the Purchaser’s expense by the Breeder’s veterinarian. In the case that this Dog is MALE or the litter is not eligible for CKC registration, it is agreed that a five thousand dollar ($5000) damage fee is to be paid to the Breeder from the Purchaser prior to the litters 8 weeks birthday. If Purchaser attempts to hide litter or pups, forges Breeders signature, falsifies any paperwork, fails to obtain Breeders signature on registration papers, fails to register a litter produced by this Dog, fails to pay money owed, or give puppies owing to Breeders, as specified, the Breeder will be entitled to liquidated damages from the Purchaser in the minimum sum of ten thousand dollars ($10,000.00), and the parties agree the said sum is a genuine pre-estimate of the minimal damages for breach of this condition.
J. General Expenses - That all expenses incurred for the daily care, veterinary care, food, and boarding of this dog and all other fees pertaining to this dog in general are the responsibility of the Purchaser.
K. Place of Residence - That Dog will reside with at least one of the Purchasers or Breeder, and will not be sent to live or board with any other person, trainers, with the exception of a professional registered boarding kennel business, UNLESS otherwise agreed upon by the Breeder in writing.
L. Fitness of Purpose - Purchaser agrees that a “companion” Dog is defined as; a Dog determined on date of sale as well enough to live a pain free, well-balanced healthy life based on early (prior to eight weeks of age) structural and temperament evaluations, by the Breeder but that Breeder does not provide any warranty as to the Dog’s fitness for any specific purpose, including performance events, show ring performance, and/or breeding purposes. Purchaser further understands and agrees that there is a risk associated with purchasing a Dog who is young, and thus still maturing for many years, and that the Breeder will not be held liable nor accountable in any way if this Dog does not meet the Purchaser’s idea of performance or show quality at maturity neither mentally nor physically.
M. Indemnity and Release - If any action or failure to act on the part of Purchaser shall result in any claim, suit, loss, damage, injury, death, or liability, Purchaser agrees to defend, indemnify, and hold Breeder harmless and to pay all of Breeders costs and expenses, including reasonable legal fees, any amount paid in settlement and any award or judgment with respect thereto. Purchaser releases Breeder from any and all liability, costs or damages caused by the Dog after placement with Purchaser, including but not limited to damage to or destruction of property, and injury to any person.
N. Legal Action and Legal Fees of Breeder - The Purchaser is liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Breeder in enforcing this Contract as a result of any default of this Contract by the Purchaser. In the case of a dispute over one or more of the Terms and Conditions of this Contract, the remaining Terms and Conditions contained herein are still legal and binding unless otherwise agreed upon in writing by both parties.
O. Limitation of Action - Any action or claim brought by Purchaser against Breeder(s) for breach of this Contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.
P. Governing Law - This Contract shall be governed by and construed in accordance with the laws of Ontario, CANADA.
Q. Value of Dog - It is understood that the courts have a hard time assessing the value of Dog and it’s training, in consideration of, it is mutually agreed that the Dog’s value will be as follows; Dog at time of Purchase is valued at the Purchase Price, as specified on this Contract, + per championship earned the value increases by one thousand dollars ($1000), + per performance title earned the value increases by five hundred dollars ($500).
R. Confidentiality - This is a private Contract, it is agreed by the Purchaser that the terms of this Contract will not be shared with other parties outside from those mentioned herein, unless: (I) to a third party where the Breeder has agreed in writing; and (II) to the extent required by law or by the request or requirement of any judicial body.
S. Force Majeure - In the unforeseen circumstance that Purchaser or Breeder is unable to complete the actions, services, or agreements during the timeframes specified on this contract due to a Force Majeure (i.e tornado, pandemic, snow or ice storm, war, flash flood, virus etc.) or any event that might put either parties and their team at risk of injury in any form, they will not be forced to complete the terms herein within the timeframe specified. Reasonable effort will be made by the parties to complete them at the earliest opportunity. No refund nor monies will be refunded to the Purchaser from the Breeder in any case.
T. Amendments - This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed, and dated by both parties shall be recognized as amendments to this contract.
U. Entire Contract - This Contract represents the entire agreement between the parties. Breeder(s) and Purchaser have made no other agreements, promises, representations or warranties, express or implied, unless specifically stated and included within this Contract.
Purchasers and Breeders agree to abide by all Terms and Conditions herein, and have duly affixed their signature under hand and seal on:
____________________________________.