I declare that I have read, understand and agree to the following:
All parties agree as follows:
1. Stud Service: The Stud Dog Owner agrees to provide the stud dog for breeding services to the Bitch Owner during the required period.
2. Service Fee: The Bitch Owner agrees to pay the Stud Dog Owner a service fee as above for handling and care of the bitch. This fee is to be paid in full on or before arrival of the bitch for mating. The service fee is non-refundable.
3. Stud Fee: The Bitch Owner agrees to pay the Stud Dog Owner a stud fee as above. This fee is to be paid in full on or before the first mating. The Stud fee is non-refundable.
4. Other Costs: All costs such as transport and vet visits or procedures are the financial responsibility of The Bitch Owner. Payment to be made within 48 hours of receiving receipts from The Stud Dog Owner.
5. Bitch Care: While in the possession of the bitch, The Stud Dog Owner or agent will comply with all current legislated obligations under the NSW Department of Primary Industries Animal Welfare code of Practice – Breeding Dogs and Cats.
6. Breeding: The Bitch Owner agrees to present the bitch for breeding in a healthy and clean condition. The Stud Dog Owner agrees to make every effort to ensure a successful mating occurs. This may include natural mating or artificial insemination. There is no guarantee that the mating will result in a pregnancy. The Bitch owner will be supplied with the Service Certificate signed by The Stud Dog Owner on return of the bitch or prior.
7. Return of Bitch: This is to occur as soon as reasonably practical for The Stud Dog Owner
8. First Generation Offspring: If the mating results in a pregnancy, the Bitch Owner agrees to notify the Stud Dog Owner on within 7 days of the birth of the puppies.
a. The Bitch Owner agrees to register all first-generation offspring with the relevant Dogs Australia affiliate.
b. If the breeding does not result in 1 or more first generation live offspring reaching 8 weeks of age, one return stud for the same bitch is offered, with the subsequent service fee of $500 payable. No additional stud fee is payable.
c. The Bitch Owner agrees to The Stud Dog Owner having right of refusal to purchase the second pick offspring from the first-generation mating, at a price of $3500. The Right of Refusal to be offered when the puppies are between 8 and 10 weeks of age.
d. The Bitch Owner agrees to place all resulting first-generation offspring not kept by The Bitch Owner or sold to The Stud Dog Owner on limited register and desexed prior to the offspring being placed in a new home, unless agreed to in writing by The Stud Dog Owner.
e. The Bitch Owner agrees that no first generation offspring are to be placed into guardianship homes for breeding purposes, unless agreed to in writing by The Stud Dog Owner.
f. The Bitch Owner agrees to all first-generation male offspring being made available for stud to The Stud Dog Owner, and The Stud Dog Owner agrees to not sell any resulting progeny on Main ANKC Register without prior written consent from The Bitch Owner.
g. The Bitch Owner agrees that all first-generation offspring retained shall not be made available for stud, lease or any other purpose to a 3rd party without prior written consent.
9. Second Generation offspring: The Bitch Owner agrees to not sell, place or make available in any form including stud services the second-generation offspring to 3rd parties unless agreed to in writing by The Stud Dog Owner.
10. Breaches: If there is a breach to any of the terms of this contract, the following applies:
a. The Bitch Owner agrees to enter into mediation and pay financial damages to The Stud Dog Owner of $5000 for each breach.
b. The Bitch owner agrees to pay financial damages to The Stud Owner of $5000 for each individual offspring that result from any breach.
c. The Bitch Owner acknowledges should mediation be unsuccessful, civil action against The Bitch Owner may be taken and The Bitch Owner accepts financial responsibility for the costs incurred by The Stud Dog Owner resulting from Civil Litigation that rules in favour of The Stud Dog Owner.
11. Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.
a. This Agreement supersedes any prior written or oral agreements between the parties.
12. Amendment: This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
13. Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. Waiver of Contractual Right: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
15. Payment Details: Payment to be made in cash, bank transfer or via Dogzpay.
16. Confidentiality: The terms of this Agreement shall not be discussed or disclosed to any 3rd party, unless required for legal representation by a suitably qualified party.
In signing the below, both The Stud Dog Owner and The Bitch Owner agree and accept the terms of the contract at the signed effective date.