Showtime Bullies agrees to provide, and the Customer agrees to accept, stud services under the following terms and conditions:
1. STUD SERVICE COSTS
The Customer agrees to pay all costs associated with completing the breeding, including, but not limited to, semen collection, semen preparation, shipping of semen, transportation or shipping of the dam, insemination expenses, reproductive testing, progesterone testing, veterinary services, veterinary technician services, and any other expenses associated with completing the breeding.
All such expenses are in addition to the stud fee and are solely the responsibility of the Customer. Showtime Bullies will not be responsible for payment or reimbursement of these expenses unless specifically agreed to in writing.
2. NON-TRANSFERABLE STUD SERVICE
The stud service purchased under this Agreement is personal to the Customer and the dam specifically identified in this Agreement.
The stud service, breeding, or stud credit may not be sold, resold, transferred, assigned, given away, or otherwise provided to any third party or any other dam owner.
The stud service or stud credit may be used only on the dam specifically identified below and may not be transferred to or used with another female for any reason without the prior written approval of Showtime Bullies.
3. REPEAT BREEDING GUARANTEE
The owner of the dam will be entitled to one additional breeding without payment of an additional stud fee if:
- The dam fails to become pregnant; or
- The dam produces fewer than two puppies, meaning zero or one live-born puppy.
The Customer is therefore entitled to a maximum of two breeding attempts in total under this Agreement: the original breeding and, when the conditions above are satisfied, one repeat breeding.
If both breeding attempts are unsuccessful after Showtime Bullies has provided semen determined to be of adequate breeding quality, this Agreement will be considered fully performed, completed, and fulfilled by both parties. Showtime Bullies will have no further breeding, refund, replacement, or other obligation.
Showtime Bullies reserves the right to request reasonable documentation establishing that the dam did not become pregnant or produced fewer than two puppies before granting a repeat breeding. Such documentation may include veterinary records, ultrasound results, radiographs, reproductive records, or other reasonable evidence.
If two or more puppies are born, Showtime Bullies' litter guarantee will be considered satisfied.
If two or more puppies are born and subsequently become ill or die from natural causes, congenital conditions, accident, neglect, complications of birth or whelping, improper care, environmental conditions, or any other cause occurring during or after whelping, Showtime Bullies will not be responsible and no repeat breeding will be granted.
The dam owner assumes full responsibility for the pregnancy, veterinary care, whelping, supervision, feeding, medical treatment, and rearing of all puppies.
4. STUD FEE AND SERVICE FEES
The stud fee is:
$5,000.00 -- PAYABLE IN ADVANCE
The stud fee must be paid before breeding services are provided or semen is collected for the Customer.
Each time Showtime Bullies collects semen from a stud under this Agreement, the dam owner is responsible for a:
Semen Collection Fee: $250.00
The collection fee is due and payable on the same day the semen is collected.
If TCI or other agreed insemination services are provided by an appropriately qualified veterinary professional or veterinary technician acting under any supervision required by applicable law, the dam owner is responsible for an additional:
TCI/Insemination Service Fee: $250.00 per procedure
When both semen collection and TCI services are performed:
Semen Collection: $250.00
TCI/Insemination: $250.00
Total: $500.00 per occurrence
These fees apply each time the applicable service is performed, including services associated with an authorized repeat breeding.
Shipping, transportation, veterinary services, progesterone testing, reproductive testing, semen preparation, special handling, overnight delivery, and any other breeding-related expenses are additional and remain the responsibility of the dam owner.
5. SEMEN QUALITY ASSURANCE AND RIGHT TO RECOLLECT OR SUBSTITUTE STUD
All semen collected by Showtime Bullies is subject to Showtime Bullies' customary semen-quality evaluation before use or shipment. Such evaluation may include examination of semen concentration, motility, morphology, viability, or other factors reasonably considered relevant to breeding quality.
Because semen quality can vary from one collection to another, Showtime Bullies does not guarantee that semen collected from a particular stud will meet its quality standards on every individual collection date.
If, on the date semen is collected, Showtime Bullies determines that the semen does not pass its quality-assurance evaluation or is otherwise unsuitable for the intended breeding, Showtime Bullies reserves the exclusive right, at its option, to:
1. Repeat the semen collection procedure from the selected stud on the following day or as soon thereafter as reasonably practical within the dam's breeding window; or
2. Substitute another Showtime Bullies stud that Showtime Bullies reasonably determines to be of the same or higher breeding quality and value than the stud originally selected.
In determining whether a substitute stud is of the same or higher quality, Showtime Bullies may consider pedigree, bloodline, structure, temperament, health information, genetic information, breeding history, offspring produced, market value, breed quality, and other characteristics Showtime Bullies considers relevant.
The Customer expressly acknowledges and agrees that such substitution is authorized under this Agreement and will not constitute a breach of contract, failure to perform, or grounds for a refund.
Showtime Bullies will make reasonable efforts to notify the Customer of any substitution as soon as practical.
If semen is recollected or another insemination procedure is performed, the applicable collection, veterinary, TCI, shipping, handling, or other service fees will apply each time those services are performed.
6. SELECTED STUD BECOMES UNAVAILABLE
The Customer understands that breeding animals are living animals and that circumstances may arise that make a particular stud temporarily or permanently unavailable.
If the selected stud becomes unavailable because of illness, injury, death, temporary infertility, inability to collect, inadequate semen quality, veterinary recommendation, reproductive condition, scheduling circumstances, or another condition that Showtime Bullies reasonably determines prevents or makes use of the selected stud inadvisable, Showtime Bullies may, at its option:
- Postpone the breeding to a later appropriate breeding date or heat cycle;
- Attempt another collection from the selected stud; or
- Substitute a stud of the same or higher breeding quality and value as reasonably determined by Showtime Bullies.
An authorized substitution under this section does not constitute a failure to perform and does not automatically entitle the Customer to a refund.
If Showtime Bullies is ultimately unable to provide breeding services using either the selected stud or a reasonable substitute, Showtime Bullies may provide the Customer with a breeding credit to be used at a mutually acceptable future breeding opportunity or refund the stud fee paid, at Showtime Bullies' option.
7. CANCELLATIONS AND REFUNDS
The Customer understands that payment of the stud fee reserves breeding services, access to the selected stud, scheduling, and availability of Showtime Bullies' breeding program.
Once this Agreement has been signed and the stud fee has been paid, the stud fee is non-refundable if the Customer cancels, changes their breeding plans, sells or transfers the dam, decides not to breed the dam, misses the appropriate breeding window, fails to obtain appropriate reproductive testing, or otherwise elects not to proceed with the breeding.
Any decision by Showtime Bullies to allow a breeding credit, postponement, change of dam, or other accommodation that is not specifically required by this Agreement will be considered a courtesy and will not create an obligation to provide the same accommodation in the future.
Collection fees, veterinary fees, TCI fees, shipping charges, testing expenses, and other expenses already incurred are non-refundable.
Nothing in this provision eliminates any right that cannot lawfully be waived under applicable law.
8. TIMING AND CUSTOMER RESPONSIBILITIES
The dam owner is responsible for properly determining the dam's breeding window and for obtaining appropriate progesterone testing, reproductive evaluation, veterinary advice, or other testing necessary to appropriately time the breeding.
Showtime Bullies is not responsible for a failed breeding resulting from inaccurate breeding dates, inaccurate progesterone testing, delayed testing, delayed notification, shipping delays outside Showtime Bullies' control, problems with the dam's fertility, reproductive abnormalities, infections, veterinary issues, or improper timing of insemination.
The Customer agrees to communicate breeding dates and reproductive-testing information to Showtime Bullies promptly so reasonable arrangements can be made for collection and shipment.
9. SHIPPING AND TRANSPORTATION
The Customer assumes responsibility for all semen shipping, transportation, delivery, courier, and related expenses.
Once properly prepared semen has been transferred to a carrier, courier, veterinary facility, reproductive facility, Customer, or Customer's designated representative, Showtime Bullies will not be responsible for delays, loss, mishandling, temperature exposure, carrier error, delivery failure, improper storage, or other events occurring outside Showtime Bullies' reasonable control.
Showtime Bullies will make reasonable efforts to properly prepare semen for the intended shipment.
10. NO ADDITIONAL WARRANTIES
Except for the specific repeat-breeding guarantee expressly stated in this Agreement, Showtime Bullies makes no warranty or guarantee regarding:
- Conception;
- Pregnancy;
- Litter size;
- Number of live puppies;
- Sex of puppies;
- Color or markings;
- Structure or appearance;
- Temperament;
- Health or longevity;
- Show or breeding quality;
- Genetic expression;
- Market value;
- Ability to reproduce;
- Future development of any puppy; or
- Suitability or outcome of the particular breeding selected by the Customer.
The Customer acknowledges that reproduction involves biological variables outside the control of Showtime Bullies and that no particular breeding result can be guaranteed.
TO THE FULLEST EXTENT PERMITTED BY LAW, THERE ARE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY WRITTEN IN THIS AGREEMENT.
11. EVENTS BEYOND SHOWTIME BULLIES' CONTROL
Showtime Bullies will not be considered in breach of this Agreement because of delay or inability to perform resulting from circumstances beyond its reasonable control, including severe weather, hurricanes, natural disasters, illness or injury of an animal, transportation interruption, carrier delays, veterinary facility closures, government restrictions, utility failures, emergencies, acts of God, or similar circumstances.
Showtime Bullies will make reasonable efforts under the circumstances to complete the breeding through recollection, rescheduling, substitution of a qualified stud, or another reasonable alternative permitted by this Agreement.
12. DISPUTE RESOLUTION
If a dispute arises concerning this Agreement, the parties agree to first make a good-faith attempt to resolve the dispute directly.
Before filing a lawsuit, the complaining party will provide the other party with written notice describing the dispute and the requested resolution.
If the parties cannot resolve the dispute through direct discussion, they agree to attempt mediation in Pinellas County, Florida, before pursuing litigation, unless emergency court relief is reasonably necessary.
Unless otherwise agreed, the parties will share the mediator's fee equally.
13. GOVERNING LAW AND VENUE
This Agreement will be governed by and interpreted under the laws of the State of Florida, without regard to conflict-of-law principles.
To the fullest extent permitted by law, any lawsuit or court proceeding arising from or relating to this Agreement that is not resolved through mediation will be brought exclusively in a court of competent jurisdiction located in Pinellas County, Florida.
The Customer consents to such jurisdiction and venue.
14. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed if necessary.
The remaining provisions of this Agreement will remain in full force and effect.
15. NO WAIVER
The failure of Showtime Bullies to enforce any provision of this Agreement on any occasion does not constitute a waiver of its right to enforce that provision or any other provision in the future.
Any exception or accommodation made by Showtime Bullies must not be interpreted as a permanent modification of this Agreement.
16. ENTIRE AGREEMENT AND MODIFICATIONS
This written Agreement represents the entire agreement between Showtime Bullies and the Customer concerning the stud service described herein.
No verbal statement, text message, social-media message, prior discussion, advertisement, representation, promise, or other communication will modify this Agreement unless the modification is specifically agreed to in writing by Showtime Bullies and the Customer.
Any amendment or modification must be in writing and accepted by both parties.