DOYLESTOWN ANIMAL MEDICAL CLINIC REPRODUCTION
802 North Easton Road
Doylestown, PA 18902
267-885-4808

 

Please read and complete all pages, sign and date. 

NOTE: If this dog is owned by more than one owner and the person completing this authorization form wishes to be the sole owner of this frozen canine semen, a TRANSFER OF OWNERSHIP form must be completed and returned to DAMC by each owner/co-owner, agreeing to transfer the ownership of this frozen canine semen to the owner/co-owner wishing to be the sole owner of this canine semen. DAMC is required to have a copy of the dog's registration certificate on file. If

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the registration certificate is not provided at the time of collection, the owner is responsible for providing it to DAMC.

WHEREAS, DAMC is engaged in the collection, freezing, and storage of canine semen;
and

WHEREAS, Client desires to engage DAMC to collect, freeze, and store canine semen from the above dog; NOW, THEREFORE, in consideration of the mutual covenants contained herein and intended to be legally bound hereby, the parties agree as follows:

This is a legal contract (this "Agreement") between Client and DAMC for services only and is not for the sale of any products or goods. DAMC agrees to collect, freeze, and store canine semen from the above dog and Client authorizes DAMC to do this at Client's own risk. The canine semen will be available to the canine semen owner(s) for use/shipping following standard procedures, instructions to be supplied to the canine semen owner after the canine semen is stored.

2.1 Client understands and agrees that while DAMC has possession of Client's canine semen while it is stored, Client retains full ownership, control, and dominion over the canine semen, and at any time with reasonable notice, and per DAMC procedures and instructions for release, Client may have Client's canine semen made available for pickup or shipped at Client's direction. Client understands and agrees that Client's accounts must be paid in full in order for canine semen to be released and DAMC may place a lien on any canine semen if outstanding account balances are not paid. Client understands and agrees that Client does not have a bailment relationship with DAMC, and there is no bailment, express or implied, with DAMC. Client understands and agrees that Client has the option to use DAMC's shipping tank or Client's own shipping tank for pickup or shipment.

2.2 Client understands, agrees, and represents that if canine semen has more than one owner, each owner has the right, individually, to authorize shipment and use of the canine semen. Client and all other owners of the canine semen agree to indemnify and hold harmless DAMC and its owners, employees, and agents from any liability related to disputes between owners of canine semen.

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Client understands and agrees that it is Client's sole responsibility to obtain insurance for Client's shipment of the canine semen and that any insurance that DAMC obtains related to a shipment is solely for the purpose of insuring the DAMC shipping container and not Client's canine semen.

4.1 Payment is due at the time of service. Initial collection, freezing, and storage fees include the first year of canine semen storage. This Agreement auto-renews annually, and the storage fees charged on the first of the month in which this Agreement begins. There are additional fees charged by DAMC when the stored canine semen is shipped for breeding or transfer. These fees are usually termed shipping preparation, shipping tank removal, and actual shipping charges to ship the canine semen to its destination and for the return of our empty tank. All prices are subject to change without notice.

4.2 Late payments are subject to 1% per month (12% APR) interest and a $5.00 late fee per month. After 90 days of non-payment, the account will be placed in inactive status. A charge for reactivation must then be made. Account balances may be submitted to a collection agency for collection. It is Client's responsibility to ensure Client's account remains current with DAMC. Client agrees to immediately notify DAMC of any change in contact information or change in ownership of canine semen.

4.3 Client agrees and understands that after 90 days of inactive status, Client's canine semen is considered abandoned and becomes the property of DAMC, and DAMC may dispose of or use the canine semen as DAMC sees fit. This may include, but is not limited to scientific study, research, and development, sale, artificial insemination, transfer of ownership, or disposal of the canine semen by DAMC.

5.1 DAMC shall perform its semen freezing and storage in a reasonable and professional manner. Client understands and agrees that canine semen is a living organism that, even when frozen, deteriorates over time. Sperm cells will eventually cease living, but no one knows or can predict when this will occur, and it can vary from dog to dog. Client understands and agrees that DAMC makes no promises, guarantees, warranties, or representations, express or implied, that canine semen stored at DAMC will stay the same over time, that canine semen will be viable, that canine semen will be of any particular quality or motility, or that the use of any canine semen will result in conception. Client agrees that DAMC does not and cannot guarantee conception from canine semen, frozen or otherwise, and Client agrees that DAMC may not and shall not be held liable for outcomes from the use of canine semen. DAMC provides services only and does not promise, guarantee, warranty, or represent that any outcome will or can occur from the use of canine semen. DAMC does not and cannot promise, guarantee, warranty, or represent that frozen sperm cells will be viable at the time of thawing for insemination and DAMC is not responsible for differences in thaw rate and quality of the canine semen as determined by inseminator. Client understands and agrees that DAMC is not responsible for services rendered by non-DAMC

individuals or entities. DAMC recommends that Client uses trained veterinarians to conduct inseminations with frozen semen to maximize the chances of a successful breeding. DAMC shall not be responsible for breed registration, including meeting requirements and/or providing documentation in support of registration of offspring.

5.2 DAMC shall exercise reasonable case in storing semen. DAMC shall not be responsible for the acts or omissions of veterinarians or others who are not identified or recommended by DAMC and expressly disclaims any such liability.

5.3 DAMC shall not be responsible for loss or accidental thawing of semen which results from (i) storage failure; (ii) any acts by non-employees of DAMC (or its affiliates) who may be retained to transport semen; (iii) any acts by employees or agents of DAMC or its affiliates unless such acts constitute gross negligence; or (iv) from any other cause beyond the reasonable control of DAMC, including, but not limited to, acts of government, acts of nature, fire, explosion, typhoon, flood, earthquake, tide, lightning, weather events, power outages, theft, vandalism, incorrect canine semen being inseminated, storage/shipping tank failure or damage, shipping accident/damage, or war. If any of the foregoing events occur, DAMC's sole liability will be the return of prepaid fees.

5.4 IN NO EVENT SHALL DAMC BE LIABLE UNDER ANY LEGAL THEORY FOR ANY LOST PROFITS, EXEMPLARY, PUNATIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING THE VALUE OF ANY CANINE SEMEN, WHICH ARE HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER DAMC HAS BEEN ADVISED OF EITHER THE POSSIBILITY OF SUCH DAMAGES OR THE VALUE OF THE CANINE SEMEN.

5.5 Client agrees that once Client or a designated agent takes possession of Client's canine semen, or once Client's canine semen is shipped at Client's direction with either DAMC's shipping tank or Client's own shipping tank, Client accepts and assumes full responsibility for the safety, security, and preservation of the canine semen. Client agrees that when Client has canine semen removed from DAMC, such as for shipment and for use and insemination, DAMC may not and shall not be held liable or responsible for any damage to canine semen and Client agrees that Client will read all forms and instructions provided by DAMC.

5.6 DAMC shall not be responsible for collection(s) that fail to meet import requirements (if applicable). Current country specific requirements for import or export will be provided by Client for consideration prior to shipment.

5.7 If DAMC is requested to use a third-party vapor shipper, DAMC will not be responsible for any liability to return any prepaid fees related to the shipment.

5.8 By using DAMC's services, Client agrees that DAMC's liability, as well as that of any of its owners, employees, or agents, may not and shall not exceed the total compensation received by DAMC under this Agreement. This is an express limited waiver and release of liability. This limitation of liability applies to any and all claims, losses, expenses, injuries, or damages arising out of or in any way related to the performance of this Agreement by reason

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of any act or omission, including breach of contract, negligence, errors, omissions, strict liability, breach of warranty, or any reason whatsoever, not amounting to a willful, wanton, or intentional wrong. This limitation of liability includes, but is not limited to claims for lost profits, loss of use, costs of replacement, special damages, and/or indirect or consequential damages whatsoever, regardless of whether or not it was caused in whole or in part by DAMC or its owners, employees, or agents.

In the event that any dispute arises between Client and DAMC, Client agrees that the dispute shall be governed by laws of the Commonwealth of Pennsylvania, USA, without regard to any conflict of laws principles.

Client agrees that the statute of limitations for any claim related to or arising out of this Agreement is one year, and any claim commenced after one year, without exception, is time-barred. This applies to any claims brought by Client and DAMC. Client agrees that for this statute of limitations, there is no discovery rule, and this one-year statute of limitations supersedes any statute of limitation or statute of ultimate repose that otherwise may have applied.

This Agreement replaces any and all previous authorization and agreement forms for the named stud dog and Client in this Agreement. This Agreement constitutes the final and exclusive agreement between Client and DAMC regarding the matters contained in this Agreement, and all earlier and contemporaneous negotiations and agreements between Client and DAMC regarding the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

This Agreement binds and benefits Client, Client's heirs, and Client's successors, as well as DAMC and its successors. This Agreement may not be assigned.

If any provision of this Agreement is unenforceable as a matter of law, the remaining provisions of this Agreement remain in full force and effect. No provision of this Agreement may be waived except by a written agreement executed by Client and DAMC. No waiver of any provision of this Agreement constitutes a waiver of any other provision. Failure to enforce any provision of this Agreement does not constitute a waiver of the provision or any other provisions. The Parties may amend, modify, or otherwise change the terms of this Agreement only through a written agreement executed by Client and DAMC.

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By Client's signature below, Client authorizes DAMC to perform services for Client at Client's own risk. Client agrees to all the terms and conditions in this Agreement preceding Client's signature below. Client agrees for DAMC to charge the fee for services to Client's provided payment method below. Client understands that other charges may be applied at a later date, if additional services are necessary and DAMC may or may not notify Client of these additional charges prior to charging Client. Client further states that DAMC has offered to provide an estimate of these charges to Client and Client agrees to any fees DAMC charges without informing Client. If Client initiates a chargeback, or a check is bounced, Client understands Client will be charged additional fees. If DAMC has to prove in any way that Client authorized the use of Client's provided payment method below, Client will incur additional fees from DAMC any time DAMC is required to prepare a response to Client's chargeback. Client also agrees that any person Client allows to access Client's frozen canine semen at DAMC, or any person that pays fees billed to Client's account at DAMC will be guaranteed by Client. Any person Client asks DAMC to bill on Client's behalf will be informed by Client of fees or charges made by DAMC. If the person reverses any charge at DAMC, Client will be held liable for reimbursement to DAMC immediately. It is Client's responsibility to ensure DAMC is paid for all services performed by or charged through DAMC to Client's account at DAMC.

IN WITNESS WHEREOF, the parties have signed this Agreement the day and year below written.

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