TopStock Vizsla Kennels
Agreement of Ownership
This agreement is entered into on the _____ day of ____________________, 2011 by and between TopStock Vizsla Kennels James D. and Teresa A. Horn here after referred to as “Breeder”, 115 West Broadway Avenue, Maryville, TN 37801 and here after referred to as “New Owner”.
The parties agree to the following:
1. TopStock Vizsla Kennels agree to convey to ____________________ possession and ownership of male(s) and female(s) Vizsla(s), whelped June 6, 2011, AKC Registration Number SR682236 sired by DC AFC Grousebend’s Dago Red MH (AKC Registration SR16881001, OFA Hips #VZ-10021E30M-NOPI – Excellent, DNA Profile #V570756) and whelped by dam CH Lorac-CMF Penny Stock of Value JH NA-Prize III (AKC Registration Number SR35870503, OFA Hips #VZ-11001E24F-PI – Excellent, DNA Profile #V484825) for the purchase price of $______________.
2. TopStock Vizsla Kennels 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.
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.
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. This includes delaying the start of any extended and continuous running/exercise program until the puppy has completed its development, approximately the age of twelve to eighteen months.
b. If for any reason, ownership of this puppy/dog is to be terminated by New Owner, New Owner agrees to permit Breeder to make the determination of the outcome of the puppy/dog. Any financial exchange shall benefit New Owner, less any expense incurred by Breeder including a placement fee.
c. New Owner agrees to provide proper bedding and kenneling for this puppy/dog at night in an inside area with a temperature above 55 degrees in winter or below 85 degrees in the summer.
4. Breeder hereby guarantees up to the age of 26 months that the hips are certifiable 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 will the dog be replaced or fifty percent (50%) of the initial purchase price refunded. Breeder reserves the option of having a second x-ray done and submitted to OFA at Breeder’s expense.
5. New Owner agrees to register the puppy only with the AKC and prefix dog’s AKC registered name with Breeder’s Kennel name, “TopStock” or “TopStock’s”. The balance of the puppy’s registered name shall be completed by New Owner, but shall not be misleading and must be approved by Breeder. Additional registration with Field organizations is permitted or approved International kennel clubs.
6. 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.
7. 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, whether or not New Owner elects to join the VCA. (www.VCAweb.org)
Classification of Puppy to be Delivered by Breeder
Show Potential Field Potential Family Pet
Paragraphs 8, 9, or 10 shall only apply only when “Show Potential”, “Field Potential”, or “Family Pet” is marked above.
8. Show Potential: If the classification of the puppy is “Show Potential”, New Owner agrees to the following terms:
a. New Owner acknowledges show qualities must be nurtured and agrees to provide the environment, care, and proper training to foster show qualities. New Owner agrees to show the dog to obtain its conformation championship and will undertake all the expense to do so. If in the opinion of three mutually agreed upon experts (Each Expert shall be an AKC judge qualified for the Vizsla breed or a breeder of at least 10 years experience and having bred at least 10 champions.), determine dog is not of championship quality by 3 years of age, TopStock Vizsla Kennels agrees to replace said dog with a show quality puppy of same sex out of the next available litter, or at New Owner’s choice, refund fifty percent (50%) of the original purchase price.
b. Before a puppy/dog shall be replaced/sold/given away, New Owner agrees to return the puppy/dog to Breeder. New Owner agrees to permit Breeder to make the determination of the outcome of the puppy/dog. Any financial exchange shall benefit New Owner, less any expense incurred by Breeder including a placement fee.
c. At the time New Owner’s dog/bitch is offered as stud or to be bred, New Owner agrees to consult with Breeder as to the potential sire or dam to be used. Only OFA Hip certified good or better and which are certified free of brucellosis shall be used to breed to this dog/bitch.
d. The following breeding requirements ‘do’ ‘do NOT’ apply:
i. Breeder hereby requests and New Owners agrees to one of the following:
1. If female: The first time the bitch is bred and whelps a litter, Breeder hereby reserves the right to purchase a puppy from the litter and Breeder’s selection of the of the litter. 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.
2. 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. New Owner agrees to sign any AKC or other paperwork as owner of the stud. Breeder agrees to pay to New Owner an accommodation fee of $200 per successful breeding.
9. Field Potential: If the classification of the puppy is “Field Potential”, New Owner agrees to the following terms:
a. New Owner agrees to seek field titles and will undertake all the expense to do so. Such titles may include AKC Field Trials, AKC Hunt Tests (SH or MH), NAVHDA Field Trials, or other such titles of similar complexity and skill requirements. Breeder and New Owner understand such titles often require years to achieve.
b. Before a puppy/dog shall be replaced/sold/given away, New Owner agrees to return the puppy/dog to Breeder. New Owner agrees to permit Breeder to make the determination of the outcome of the puppy/dog. Any financial exchange shall benefit New Owner, less any expenses incurred by Breeder including a placement fee.
c. At the time New Owner’s dog/bitch is offered as stud or to be bred, New Owner agrees to consult with Breeder as to the potential sire or dam to be used. Only OFA Hip certified good or better and which are certified free of brucellosis shall be used to breed to this dog/bitch.
d. The following breeding requirements ‘do’ ‘do NOT’ apply:
i. Breeder hereby requests and New Owners agrees to one of the following:
1. If female: The first time the bitch is bred and whelps a litter, Breeder hereby reserves the right to purchase a puppy from the litter and Breeder’s selection of the of the litter. 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.
2. 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. Such request of service shall not exceed two successful breedings. New Owner agrees to sign any AKC or other paperwork as owner of the stud. Breeder agrees to pay to New Owner an accommodation fee of $200 per successful breeding.
10. Family Pet: If the classification of the puppy is “Family Pet”, New Owner agrees to the following terms:
a. New Owner understands the AKC registration will be a limited registration, and agrees to adhere to the terms of such registration.
b. New Owner hereby agrees NOT to breed their puppy/dog and further agrees to contact Breeder PRIOR to any action being taken to breed their puppy/dog and understands a fee may be required to be paid to Breeder to amend the registration. New Owner understands such breeding rights may NOT be approved by Breeder.
c. Should New Owner and Breeder agree to amend the AKC registration of the puppy/dog, Breeder shall reclassify the puppy/dog to either Show or Field and New Owner agrees to meet the terms of paragraph 8 or 9, whichever shall apply to the new classification of the puppy/dog. New Owner understands that in addition to a fee to the Breeder, other fees to amend the AKC and other registries may apply and shall be paid by New Owner.
d. New Owner understandings their “Pet” puppy may be capable of earning its championship. New Owner understandings that spaying or neutering their puppy ends any opportunity to champion their puppy. New Owner hereby agrees to consult with Breeder PRIOR to spaying or neutering their puppy.
11. In the event Breeder retains Breeding rights or the selection of a puppy from a future litter under paragraph 8 or 9, New Owner shall NOT spay or neuter their puppy until Breeder has released New Owner from Breeder’s retained breeding rights or such rights have been met. 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 may elect and shall have the right 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 sole right to the litter and shall return the puppy/dog to New Owner once the puppies have been weaned. 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 4.
12. 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.
13. 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.
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:
By: Name:
Address:
City/State/Zip:
Breeder:
TopStock Vizsla Kennels
Signed: ____________________________________________________
TopStock Vizsla Kennels
James D. and Teresa A. Horn
115 West Broadway Avenue
Maryville, TN 37801
865-984-3550 or 865-243-5156
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