Pick of the Litter for Stud Service
This form is for breeders who are using our stud in exchange for a puppy back.
Section 1: PARTIES
This agreement is between Lilac Blossom Yorkies, owned and operated by Tara Williams of Walden, New York (the "Stud Owner"), and the person named on this form (the "Dam Owner"). The Stud Owner allows the stud named on this form to breed the dam named on this form, and the Dam Owner agrees to pay for the breeding with the pick of the litter instead of a cash stud fee.
Section 2: LITTER REGISTRATION
The Stud Owner will sign the registry's litter application when the Dam Owner applies to register a litter by the stud named on this form.
Section 3: INTEGRITY OF THE SIRE
The Dam Owner will not allow the dam to be bred by any male other than the stud named on this form during the heat cycle covered by this agreement.
Section 4: PICK OF THE LITTER
The Stud Owner has the right to pick one puppy from the litter after viewing the entire litter. The pick is the Stud Owner's payment for the breeding. The Dam Owner will show the Stud Owner every puppy born from the breeding and will not hide any puppy.
The Stud Owner is not required to choose until the puppies are old enough for the Stud Owner to evaluate them, unless the Stud Owner agrees otherwise in writing. If the Dam Owner hides a puppy, the Dam Owner will owe the Stud Owner the fair market value of each puppy hidden, due within the time stated in the Stud Owner's written notice.
Section 5: ONE PUPPY
If only one puppy is born, or only one is living when the litter is old enough to go home, the Stud Owner is entitled to the share of that puppy's value entered on this form. The Stud Owner will not set the puppy's sale price. If the Dam Owner asks, the Stud Owner will help sell the puppy and will forward the Dam Owner's share of the proceeds.
Section 6: IF THERE IS NO LITTER
If the breeding does not produce a living puppy, no puppy is owed to the Stud Owner and no stud fee is due, unless the Stud Owner and the Dam Owner agree otherwise in writing.
Section 7: PICKING UP THE PUPPY
The Stud Owner is responsible for the cost of picking up the puppy the Stud Owner chooses once that puppy is old enough to leave its mother.
Section 8: PROOF OF PREGNANCY STATUS
The Stud Owner may ask for veterinary proof that the dam did not become pregnant from a breeding. The Stud Owner will pay for the veterinary tests. The Dam Owner will bring the dam to a veterinary clinic chosen by the Stud Owner within a reasonable distance of the Dam Owner's home and pays for getting the dam there.
Section 9: HEALTH OF THE DAM
The Dam Owner guarantees that the dam is healthy and free of disease, has shown no signs of brucellosis (such as aborting a litter late in pregnancy, unusual discharge, or repeated failure to produce a litter), and has not recently been bred to another male.
The Dam Owner understands that brucellosis is a serious infection that can spread to people and other dogs, can cause infertility, and can end a breeding program. On request, the Dam Owner will provide veterinary test results, including a brucellosis test, before the breeding.
Section 10: RELEASE OF LIABILITY
To the fullest extent permitted by law, the Dam Owner releases the Stud Owner, and the Stud Owner's family and representatives, from all claims arising from the breeding or from the visit, including any accident or injury to the dam, to the Dam Owner, or to anyone or any animal accompanying the Dam Owner, whether on the property or after leaving it, except for harm caused by the Stud Owner's gross negligence or intentional misconduct.
Section 11: GOVERNING LAW AND VENUE
This agreement is governed by the laws of the State of New York. The parties will first try in good faith to resolve any dispute through mediation. Any legal action will be brought only in the county where the Stud Owner resides.
Section 12: AGREEMENT TO TERMS
By signing, the Dam Owner agrees to all of the terms in sections 1-12, understands that no other agreements are made or implied, and confirms the information on this form is true to the best of the Dam Owner's knowledge.
By typing or drawing a signature below, the signer confirms they have read and understood this entire Pick of the Litter Agreement, that they are signing it voluntarily, and that an electronic signature is as binding as a handwritten one. A copy of the signed agreement will be sent to the email address entered on this form.