TopStock
Vizsla Kennels
Agreement
of Ownership
This agreement is entered into on
the _ _ day of _ __, 201 by and between TopStock Vizsla Kennels owned
by James D. and Teresa A. Horn here after referred to as “Breeder”, 4430
Legends Way, Maryville, TN 37801 and here after referred to as “New Owner” and
residing at .
The parties knowingly enter into
the following agreement:
1. Breeder
agrees to convey to New Owner possession and ownership of male(s) and female(s) Vizsla(s), whelped ,
2. Breeder
represents and warrants each puppy covered by this agreement as follows:
a. To the
best of Breeder’s knowledge, each puppy(s) is free of external and internal
parasites and free of communicable diseases.
b. Each puppy
has been vaccinated against distemper, hepatitis, parainfluenza,
and parvovirus. Dates of such
vaccinations to be provided at time of transfer.
c. Each puppy
sold shall have a full health guarantee for 96 hours during which time the New
Owner may have the puppy examined by a veterinarian of their choice at their
own expense. This health guarantee does
not cover neglect.
d. This puppy
shall be free of dysplasia of the hips to such extent as to be certified by the
OFA (Orthopedic Foundation for Animals).
Such certification to be the sole expense of the new owner. Breeder hereby guarantees up to the age of 30
months that the hips are certifiable at age two by which time the New Owner
shall exercise his/her right to have the dog certified. Only if the hip x-ray is submitted to OFA and
found to be not certifiable as excellent or good or fair will Breeder refund up
to fifty percent (50%) of the initial purchase price. Such refund shall be made by Breeder upon
receipt of documentation from New Owner of corrective surgery performed on the
puppy/dog. The amount of the refund
shall be limited to the amount of the surgical cost or fifty percent of the
original purchase, whichever is less.
Breeder reserves the option of having a second x-ray done and submitted
to OFA at Breeder’s expense.
3. New Owner
represents and warrants as follows:
a. New Owner
will take reasonable care to maintain the health and well being of this puppy
for as long as he/she retains ownership and will provide adequate amounts of
love and attention to the puppy/dog.
b. New Owner
agrees to continue efforts to socialize their new puppy for the next two months
either through classes or participation in as many different settings as
possible and to participate in one series (six to eight weeks) of puppy
obedience training. These steps will
help ensure the puppy will become a well-mannered member of their new
household.
c. New Owner
hereby agrees to delay the start of any extended and continuous
running/exercise program on hard surfaces until the puppy has reached eighteen
months of age and most likely completed its development. Failure to do so shall void health warranties
provided by Breeder under paragraph 2d.
d. New Owner
agrees to provide proper bedding and kenneling for this puppy/dog inside their
home with a temperature above 55 degrees in winter or below 85 degrees in the
summer. New Owner also agrees to never
permit their puppy/dog to roam free and to maintain preventative health care
including but not limited to vaccinations, protection from internal and
external parasites, heartworm preventative, quality food (four star or higher)
as accessed by www.dogfoodanalysis.com, and
adequate daily exercise.
e. New Owner
agrees not to abandon, place in an animal shelter, or in any home without the
consent of the Breeder. If for any
reason ownership of this puppy/dog is to be terminated by New Owner, New Owner
agrees to permit Breeder to approve and make the determination of the outcome
of the puppy/dog. Any financial
exchange shall benefit New Owner. New Owner
agrees to reimburse any expense incurred by Breeder including a placement fee
in the event Breeder is instrumental in locating the new home.
4. New Owner
shall have full possession of dog, and all costs to raise and maintain the dog
shall be the sole responsibility of the New Owner.
5. New Owner
agrees to adhere to the Code of Ethics
as adopted and amended by the Vizsla Club of America (VCA), especially as it
relates to breeding or selling of puppies in the event New Owner agrees to the
terms of “Full Registration”, whether or not New Owner elects to join the
VCA. (www.VCAweb.org)
6. New Owner
agrees to register the puppy with the
Classification
of Puppy to be Delivered by Breeder
Full Registration: New Owner acknowledges and accepts the
additional responsibilities and to the terms of Paragraphs 7 and/or 8, and 9
and 10.
Limited Registration: New Owner is NOT subject to paragraphs 7, 8,
9, or 10.
7. AKC
Conformation: New Owner hereby agrees to the following terms
and understands such terms obligate New Owner to specific actions and
additional costs.
a. New Owner
agrees to show or cause to be shown in order to obtain an AKC conformation
championship on the puppy. New Owner
acknowledges that their agreement to show and champion the puppy/dog is
instrumental in their selection by Breeder and the decision by Breeder for New
Owner to become an owner of a TopStock puppy/dog. It is also understood that the puppy/dog is
unique and may have traits and characteristics not found in the littermates to
this puppy/dog and that it is these traits and characteristics as to why this
puppy was selected to go to a home willing to show and obtain a conformation
championship. Failure to abide by these
additional terms may cause harm to Breeder.
b. New Owner
acknowledges that breeding, pedigree, and initial environment and socialization
are only part of the elements in obtaining a Championship title from AKC. That Breeder has taken every effort to select
a puppy from the litter that in the opinion of the Breeder the puppy currently
meets the breed’s standard (considering its age), and that with continued
proper care from New Owner should obtain its AKC championship with sufficient
effort by New Owner and being properly shown by New Owner or a professional
handler knowledgeable with the gun dog breed.
c. New Owner
acknowledges show qualities must be nurtured and agrees to provide the
environment, nutrition, care, socialization, conditioning, and proper training
to foster show qualities. New Owner
agrees to undertake all the expense to obtain a conformation championship and
understands such cost will range from minimal to equal to or more than the
initial investment in the puppy.
d. If three
mutually agreed upon experts (Each Expert shall be an
e. In the
event New Owners fails to achieve a conformation title on the puppy/dog as
required by paragraph 7a and the puppy/dog has been shown in a minimum of 30
shows, New Owner may seek to be released from the requirement to obtain a
conformation championship from Breeder.
In the event Breeder releases New Owner from the terms under Paragraph
7, New Owner agrees NOT to breed the puppy/dog without additional written
approval of Breeder or to modify the AKC registration from Full Registration to
Limited Registration and New Owner shall pay for such registration modification
and complete and sign all such documents.
New Owner further agrees to spay or neuter dog.
8. Field
Titles: Owner hereby agrees to the following
terms. New Owner acknowledges Breeder is
seeking to breed the dual dog, those meeting the breed’s conformation standard
as well as with the ability to excel in the field.
a. New Owner
agrees to seek advance field titles and will undertake all the expense to do
so. Such titles may include
b. New Owner
hereby agrees to keep Breeder informed as to the progress and of the results of
each event the puppy/dog is entered.
9. New Owner
agrees to the following terms related to the breeding of their puppy/dog.
a. New Owner
agrees to obtain one advance title in conformation, field, agility, or
obedience prior to breeding the dog. At
the time New Owner’s dog/bitch is offered as stud or to be bred, New Owner
agrees to obtain the approval from Breeder as to the potential sire or dam to
be used. Only dogs with an OFA Hip
certification good or better, a DNA certification, and which are certified free
of brucellosis shall be used to breed to this dog/bitch. Breeder shall not unreasonably withhold the
approval of a potential sire/dam provided such potential sire/dam currently
holds a conformation championship title from AKC, the sire/dam and two
generations back are all rated “good” or better by the OFA, and the sire/dam
does not have any disqualifying white or white on the fore chest greater than
the size of a quarter.
b. It is
agreed and understood that neither this dog nor any of its progeny be resold to
any pet shop, dog farm, wholesaler, or agent for the same for any reason
whatsoever. Buyer acknowledges and
agrees that any violation of this provision will cause irreparable injury to
the Stud, Dam and TopStock Vizslas. Buyer recognizes that Seller would not be
selling this puppy absent and agreement to this provision.
10. The
following breeding Rights ‘are’ ‘are NOT’ retained by Breeder:
a. Breeder
hereby requests and New Owner agrees to one of the following:
i.
If female:
The Breeder retains the right to purchase one puppy from a future
breeding of the puppy and the selection shall be the of the litter determined by the Breeder. The price of the puppy shall be the going
rate for the litter but shall not be more than 125% of the price paid to
Breeder for the puppy. This right shall
remain in place until fulfilled.
ii.
If male:
New Owner agrees to permit Breeder to use this dog as a stud free of
charge, and Breeder agrees to bare all costs associated with any such request
of Stud Service including the collection of semen for AI if required. Such request of service shall not exceed two breedings where three or more puppies are whelped and
survive. New Owner agrees to sign any
b. New Owner
shall NOT spay or neuter their puppy until Breeder has released New Owner from
Breeder’s retained Rights or such Rights have been met.
c. In the
event Breeder has not satisfied their retained Rights specified in paragraph
10a, Breeder may elect to take the following steps. For males, Breeder may elect and shall have
the right at Breeder’s sole cost and expense to collect and freeze semen
sufficient for future breeding. For
females, Breeder in the event New Owner fails to breed their female, Breeder
may elect to breed female at Breeder’s sole expense and cost. New Owner shall permit Breeder to breed,
house, and whelp one litter. Breeder
shall have the right to retain one puppy and to recover all costs associated
with the litter including but not limited to veterinary, stud fees, travel, and
advertising from the sale of the litter, and Breeder bears the risk in the
event all costs cannot be recovered. Any
excess revenue shall be shared equally between Breeder and New Owner. Breeder shall return the bitch to New Owner
once the puppies have been weaned and reached the age of 9 weeks. New Owner understands that such breeding
shall not take place prior to age 2 of the dog/bitch, and thus Breeder may not
fulfill their retained Rights until the dog/bitch has reached age 3 or later.
11. Limited
Registration: If the puppy is placed
with “Limited Registration”, New Owner hereby agrees to and understands the
following terms:
a. New Owner
understands the
b. New Owner
hereby agrees NOT to breed their puppy/dog and to take all steps necessary to
prevent any breeding from taking place.
In the event of a breeding taking place resulting in puppies, New Owner
agrees to place the puppies free of charge and that all puppies shall be spayed
or neutered prior to delivery.
c. New Owner
understands their “Pet” puppy may be capable of earning its conformation or
field championship. New Owner
understands that spaying or neutering their puppy ends any opportunity to
obtain a conformation champion for their puppy.
d. New Owner
may request Breeder to amend the AKC registration from “Limited” to “Full” at
any time prior to spraying or neutering their puppy. New Owner understands Breeder may deny such
request. Should Breeder agree to amend
the
e. New Owner
hereby agrees to the following terms regarding the spaying or neutering of
their puppy. New Owner agrees no such
procedure shall take place prior to the puppy’s first birthday. New Owner also agrees to have such
appropriate procedure performed by the puppy’s third birthday, understanding
amending the registration to “Full” can no longer occur once the procedure is
completed. Such proof of completion of
the procedure shall be provided to the Breeder.
12. Breeder
has taken all customary steps to breed a litter with the objective of meeting
the personalities and traits of the Vizsla breed. Breeder does not warrant or guarantee in any
way the actions or behavior of the puppy/dog once it leaves the care of the
Breeder. New Owner assumes the sole
responsibility of the puppy/dog and agrees to indemnify and save Breeder
harmless from any and all loss and expense the Court of Law may find New Owner
accountable.
13. In the
event New Owner and Breeder have agreed to co-own the puppy, Schedule A outlining such ownership shall be attached and item A
shall be checked.
a. Schedule A applies and is attached.
14. Breeder
hereby agrees to offer support to New Owner in the form of advice on raising,
training, and handling their puppy/dog throughout the lifetime of the
puppy/dog. Breeder encourages New Owner
to participate in any events the puppy/dog may be qualified. New Owner hereby agrees to maintain contact
with Breeder as to the development of the puppy/dog and includes providing
pictures from time-to-time.
15. Should New
Owner choose to break any of the provisions of this Agreement, the Breeder will
have the immediate right to repossess the puppy/dog at no expense to
Breeder. New Owner shall forfeit all
rights to the puppy/dog and agrees to transfer the puppy/dog back to the
Breeder.
16. This
agreement is complete and no oral promises or agreements exist except as
expressed within the terms of this agreement.
This agreement may be modified or amended only in writing and signed by
the parties hereto and shall be construed in accordance with the laws of the
State of Tennessee.
17. Other
agreed upon terms: None.
18. If any
provision of this contract is determined by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remaining provisions shall remain in
full force and effect.
The
Remainder of This Page is Intentionally Blank.
By signing below, it is hereby acknowledged that the signee has
reviewed and agrees to adhere to the above policies, requirements, and terms.
New Owner:
Signed:
Breeder:
TopStock
Vizsla Kennels
Signed: ____________________________________________________
TopStock Vizsla Kennels
James D. and Teresa A. Horn
865-984-3550 or
865-243-5156
: $
: $
: $