Stud Service Contract Preview- Stud Fee

I. Stud Fee & Compensation
 

A) BREEDER agrees to pay SDO $4,000.00 for the Stud Fee. Unless paid in full, this fee is not guaranteed without a $500.00 deposit due by the date indicated on this agreement. The Stud Fee must be paid in full before any semen will be shipped/breeding takes place. The Stud Fee including deposit is non-refundable except where specified below and must be paid in US currency. 

 
B) The cost of shipping and collection is a flat rate of $250 per shipment. Payment must be sent immediately at the time of shipping and is non-refundable. A maximum of 2 shipments is guaranteed. Additional shipments must be mutually agreed upon with an addendum to this contract. It will be BREEDER’s responsibility to track shipment. SDO is not responsible for lost or delayed shipments. However, SDO will immediately re-ship a new collection free of charge once notified by BREEDER that shipment did not arrive. If delayed/missing shipment is the cause of no pregnancy in BITCH, BREEDER will be offered a free rebreed to the same BITCH from the same STUD (shipping and collection fees still apply).
 
C) BREEDER will pay SDO $150.00 per SHIP-MATE canister that is not returned within 30 days of breeding. SDO will provide BREEDER with a prepaid shipping label to facilitate return.

D) SDO reserves the right to NOT sign the litter registration until all fees have been paid to SDO (entirety of stud fee, shipping costs, etc.). SDO also reserves the right to refuse litter registration if pups are of a color phenotype that is not a possible outcome of BITCH and STUD's color genotypes ("aa" solid colors, brindles if dam is not brindle, non pieds in a pied x pied breeding, etc.). 

 

E) If STUD should die or become too sick/injured to breed prior to stud services taking place BREEDER will be notified and any portion of the stud fee that was paid prior to breeding will be refunded in full no later than three (3) months from notification. The terms of this refund do not apply to a rebreed or to a stud credit transfer. A free rebreed will be offered (to same BITCH from same STUD (shipping & collection costs still apply) for a missed breeding due to sickness or injury. If BREEDER declines rebreed this contract will be considered fully executed.

 

F) If BITCH should die or become too sick/injured to breed prior to stud services taking place BREEDER will notify SDO and any portion of the stud fee paid prior to breeding will be refunded in full no later than three (3) months from notification. No refund will be given in the event of BITCH’s death/sickness/injury after breeding takes place (including death/sickness/injury prior to a rebreed) as stud service will have been rendered as agreed upon and this contract will be considered fully executed.

 

G) SDO reserves the right to terminate this agreement prior to breeding for any reason they see fit. If this happens, any part of the stud fee that has been paid in advance will be fully refunded within 5 business days after termination.

II. BREEDING & LITTER CONSIDERATIONS

A) SDO agrees to provide up to two (2) semen collections and shipments for non-local breeding (expenses associated with collecting and shipping are the responsibility of BREEDER) and up to three (3) side-by-side AIs for local breeding. SDO agrees to transport STUD to a veterinarian of BREEDER’s choice within a one (1) hour drive of SDO’s home for collection at no charge if so requested by BREEDER. Other arrangements will be made for frozen semen and agreed to by both parties in Addendum.

B) SDO guarantees the live birth of two (2) puppies. Live birth is defined as born breathing. This does not guarantee puppies will live to any particular age. For the two (2) live-pup guarantee the following provisions must be met:

      1) BITCH must be progesterone tested for best timing of artificial insemination.

2) The AI, TCI, or Surgical Insemination must be performed by a licensed      veterinarian at the clinic where semen will be shipped unless approved in advance by SDO and written in an addendum to this contract.

3) Birth should be by cesarean section or as recommended by a veterinarian. If puppies pass away in an at-home birth as a result of BREEDER not following vet’s advice, then the two (2) live puppy guarantee no longer applies and there will be no rebreed.

4) A negative Brucellosis test is required for a rebreed.

C) BREEDER agrees to notify SDO, in writing, no later than 70 days after mating of the results from the mating. 

D) If two (2) live pups are not born or if BITCH does not produce a pregnancy, then a rebreed (stud fee waived) will be offered to the same BITCH from the same STUD (shipping and collection fees still apply). The following terms must be met for a rebreed:

1) BREEDER must provide SDO with a written confirmation on company letterhead from a licensed veterinarian stating that 

A) BITCH did not conceive, or

B) Only one (1) pup was born breathing, or

C) no pups were born breathing. A physical description of BITCH and identifying information must be included (registration #, microchip #).

2) If BITCH does not produce a pregnancy on the following breeding cycle, then BREEDER may request in writing to transfer stud credit to another female owned by BREEDER. Transfer of stud credit is dependent upon SDO’s approval of 2nd bitch. If SDO declines stud service to alternative female owned by BREEDER this contract will be considered fully executed.

E) If BREEDER declines a rebreed/transfer of stud credit, then this contract will be fully executed.

F) This contract and stud service is nontransferable if BITCH is sold. Sale of BITCH will render this contract null and void. 

G) For the duration of her mating season, BREEDER agrees to keep the BITCH properly confined prior to and for 4 weeks following this breeding to ensure no other dog could mate with her accidentally. If such accidental breeding does occur, BREEDER agrees to notify SDO within 72 hours. In addition, BREEDER agrees to have each puppy DNA profiled at BREEDER's expense to establish parentage PRIOR to selling, giving away, or otherwise placing any puppy. 

H) BREEDER hereby releases SDO from any and all liabilities and/or damages such as illness, injury, or death to BITCH. Under no circumstances is the SDO responsible legally or financially for any illness/injury/death which may occur as a result of this breeding. 

I) In the event of certain birth defects, a refund of a percentage of the Stud Fee equal to the percentage of puppies in the litter effected will be given for up to 75% of the Stud Fee. The exception is an effected singleton which will result in a 100% refund. For this refund to occur the following terms and conditions must be met:

1) The puppy(ies) must have been born breathing.

2) The birth defect must be serious enough to threaten a puppy’s ability to survive until the point of weaning without human intervention.

3) The birth defect must be one whose cause may have a hereditary component, e.g. Cleft Lip and Cleft Palate, and not be strictly congenital.

4) BREEDER must inform SDO of birth defects within 72 hours of birth.

5) BREEDER must provide SDO with photographs documenting the condition.

6) BREEDER must provide written confirmation on company letterhead from a licensed veterinarian confirming the condition should SDO request it.

7) BREEDER may request in writing a transfer of the stud credit to a different bitch for a rebreed if applicable but no rebreed will take place with the BITCH named in this contract.

8) BREEDER agrees that no further payments or compensation of any kind will be owed and that this contract will be fully executed.

III. CONFLICT RESOLUTION

Should it be determined that the terms and restrictions outlined under this contract have not been fully adhered to by the owner(s) of the BITCH named herein, legal action/proceedings will be used. As shown by the signatures attached hereto, each party agrees that all terms and conditions of this Agreement are to be met in full, unless modified in writing and accepted by both parties. Should either party fail to materially comply with the terms of this Agreement, upon court awarding decision of "breach of contract", the “at fault” party agrees to pay the breached party not less than $1,000.00 (One Thousand Dollars) per breach (except where another amount is specified in the contract) for damages to the breached party’s reputation, as well as for time, trouble, and mental duress and damage to the Stud Dog's reputation, if applicable.

 

Mediation:

If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. The process shall be provided by Good Dog in three (3) one-hour sessions at no cost to either party and confidential based on terms acceptable to the mediator

 

Arbitration:

 

SDO and BREEDER agree that any dispute or claim in law or equity arising between them out of this contract, which is not settled through mediation, shall be decided by neutral, binding arbitration.  The arbitrator shall be a retired civil judge or justice, or an attorney, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with the laws of the State of Texas. This Agreement, and all matters arising out of or related to this Agreement, shall be governed by and construed in accordance with the laws of the State of Texas without regard to the conflicts of law provisions thereof.

 

Miscellaneous:

This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, discussions and understandings, written or oral, between the parties with respect to such subject matter. Neither party may assign, transfer, or subcontract any obligations (or rights) under this Agreement without the prior written consent of the other party. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement may be executed in any number of counterparts and such counterparts together shall constitute the same instrument. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.