Agreement for Mastiff
George and Claudia Salinger
10095 Johnnycake Ridge
Concord, Ohio 44077
Breeders: George and Claudia Salinger
The Breeder and the Buyer, as indicated above, have entered into an agreement to
Transfer the ownership of the Mastiff puppy, hereafter referred to as the
"Mastiff", and agree to the following conditions set down for the betterment of
The breed, the protection of the Mastiff, and the reputation of the Breeder's
Kennel. Such basic conditions are as follows:
1.This Mastiff will not be a kennel dog: that is, it will not reside in a kennel, a confined structure, nor pen on a neither permanent nor semi-permanent basis. Nor will this Mastiff be routinely chained or tied, but shall be able to freely move about and exercise in ample space befitting it's breed. Further, this Mastiff shall not be trained as a guard or attack dog. Do hereby state that we are purchasing this Mastiff as a companion and shall Provide for it as a member of the family agree to provide this Mastiff with quality food, ample fresh water, and considerate companionship on a daily basis as a family member. We further agree that appropriate veterinary care with regular shots and worming will be provided Regularly. The Buyers also agree to have a Veterinary check-up within 5 days of the sale to determine that the Mastiff is healthy. If the veterinarian determines that the Mastiff is not in good health, the Breeder will, upon the Mastiff's return, refund the purchase price or replace the Mastiff. Have been instructed by the Breeder that socialization is extremelyimportant in the proper rearing of a Mastiff to become a temperamentally stable adult Mastiff and canine good citizen. The Breeders, by the signing of this contract, do hereby make absolute promise that this Mastiff shall receive socialization with people and other dogs on a regular basis.
2. Care of the Mastiff: Should, at any time, this Mastiff be mistreated, abused, or neglected by the Buyers, as determined by a court of law, the Breeder reserves the right to take back immediate possession of the Mastiff without reimbursement to the owner. Should this clause need to be enforced, the owner
shall forfeit the Mastiff's AKC registration papers to the Breeder within 7 days of the breeder taking possession of the Mastiff.
3. Right of Visitation: Breeder retains the right to visit, or have someone visit, the Mastiff periodically to determine the welfare of the Mastiff and any of its offspring
4. Contact information: The Buyer agrees to notify the Breeder, and the Breeder agrees to notify the Buyer of any change address or telephone number
5. Naming of the Mastiff:
The Buyer agrees to use the Breeder's kennel name as a Prefix to the official
AKC registered name of the puppy.
6. Transfer of Ownership: lf, for any reason the Buyer can not or does not wish to maintain custody of this Mastiff at any time during it's lifetime, the Buyers agree to notify the Breeder and give to the Breeder the first rights to either match any offered price for the dog or to take the dog free of costs if the Mastiff is being given without payment to another person.
7. Governing Law: All disputes over the articles of this contract will be determined by the laws
of the State of Ohio, without regard to the conflict of laws principals.
8. Contract Provision for FEMALES: For the protection of the breed, the health and well being of this Mastiff bitch, and the protection of the Mastiff population, the Buyer hereby agrees: not breed this Mastiff more than 3 times unless a breeding does not produce a litter, the litter results in only one live puppy, or a litter is stillborn. This clause includes accidental breeding.
The Buyer shall never breed this Mastiff in successive heats, but shall wait one year between litters unless one of the above conditions shall apply; or unless advised by a veterinarian for treatment of pyometra or metritis; in which case the owner shall provide a letter signed by the veterinarian to the Breeder at least 30 days before the Mastiff’s next heat. This Mastiff will not be bred before her second (2nd) birthday nor after her seventh (7th) birthday.
The owner shall never breed this Mastiff bitch to any other than a respectable specimen of her own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults.
Before breeding this Mastiff the Buyer agrees to test this Mastiff for any genetic defects and agrees to not breed her unless she, and the male she is being bred to, is clear of the following: OFA hips, OFA elbows. Eyes Clear (other than mild entropia/ectropia). Thyroid Normal, VonWillebrand Disease
9. Contract Provision for Males:
For the protection of the breed, the health and well being of this Mastiff dog, and the protection of the Mastiff population, the Buyer hereby agrees:
The Breeder reserves Stud Rights to males bred by us for bitches of our choice for the purpose of keeping our bloodline available. Terms of Stud Rights to be negotiated at time of breeding. This shall be after said dog reaches 12 months of age, not to exceed one breeding sessions per year. It shall be the responsibility of the Breeder to bring the breeding bitch to the male Mastiff or pay to have the semen drawn and shipped and all expenses concerning the breeding shall be the Breeder's responsibility.
The Buyer agrees to test this Mastiff for any genetic defects and agrees to not use the Mastiff as a stud unless the Mastiff and the bitch he is being bred to, is clear of the following: OFA hips, OFA elbows. Eyes Clear (other than mild
entropia/ectropia). The Buyer shall never breed this Mastiff to any other than a respectable specimen of his own breed, always keeping in mind the betterment of the breed, always striving to improve the breed and to reduce genetic faults.
The Buyer agrees to not knowingly breed this dog to any known puppy mill, broker, or pet shop bitches; nor be used to sire litters for the purpose of producing puppies for the same. Neither shall it be allowed to sire litters for
the purpose of producing stock for laboratory experimentation. It shall be the stud dog owner responsibility to check the reputability of the bitch owner
before breeding takes place. Should question arise as to the reputability of the bitch owner, the Buyer will not breed this Mastiff to the bitch.
The Buyer agrees to not breed this Mastiff to a bitch who has produced a litter of more than one live puppy within a 12-month period.
The Buyer attests that should a litter occur from a mating, it will not result in the bitch owner producing over a total number of 8 (eight) litters produced within a twenty four (24) month period; owned or co-owned.
10. Guarantees by the Breeder: The Buyer is hereby granted a guarantee against Genetic Hip & Elbow Dysplasia until the dog reaches thirty months of age, at which time the dog can be officially tested for Hip/Elbow Dysplasia. Should the puppy develop this condition within that time frame, it will be replaced with another puppy, upon availability, with the return of the alleged dysplastic Mastiff, x-rays, and a veterinarian or OFA statement of defect. The Buyer shall absorb the cost for all tests. The Breeder reserves the right to have the alleged dysplastic Mastiff examined by their kennel veterinarian, at the Breeder’s cost, for confirmation purposes. This guarantee shall be absolutely nil and void if the dog has been given calcium or vitamin supplementation of any kind that has not been first agreed upon, stated in writing, signed and notarized by the Breeder.
11. Documentation provided by the Breeder:
The Breeder will provide to the Buyer at least a three-generation pedigree (up
to a seven generation upon request), a signed AKC (American Kennel Club) registration or transfer, complete instructions on care and feeding, a written statement of health by a veterinarian, and a record of inoculations and worming.
12. Registration Responsibility:
It shall be the responsibility of the Buyer to register this Mastiff with The
American Kennel Club within four (4) weeks of taking possession of this puppy.
13. Buyer’s Right to Examine:
The Buyer has the right to, and is advised to do so by the Breeder, to have this
Mastiff examined by a veterinarian of their choice, within seven days upon taking possession. If the Mastiff is found to be in ill health because of breeding or early kennel care they may return the Mastiff for a full refund or another puppy (upon availability). Should the Buyers decide to not keep the
Mastiff, for other than health reasons, they havee a seven-day grace period to return it and shall receive an immediate refund with the return of the healthy Mastiff, minus the one hundred dollars ($100) and any transportation expenses.
14. Cost of Litigation: ln the event of any litigation over the terms of this contract, the cost of all legal fees will be absorbed by the party who is found at fault by the court of jurisdiction. Should the Buyer initiate litigation and that litigation is not upheld by the court of jurisdiction, additional consequential damages may be imposed by the court on the Buyer of an amount not to exceed five thousand dollars ($5,000) for the defamation of the Breeder’s kennel and other damages.
15. Entire Agreement: The terms and conditions herein constitute the entire agreement between the Breeder and the Buyer and supersede all previous agreements and understandings, written or oral with respect to the subject matter hereof.
16. Force Majeure: Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of either party shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the party charged with a default, including, but not limited to, causes such as strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, nuclear disasters, or default of a common carrier; provided, that for the duration of such force
majeure the party charged with such default must continue to use all reasonable efforts to overcome such force majeure.The Breeders do sell this Mastiff, believing in good faith that the Mastiff is a healthy and respectable compliment to its breed. We hereby acknowledge this to
be a true and binding contract. We agree, and make absolute promise, to fully abide by its terms and conditions. We further agree to offer guidance to Buyer
in the rearing and showing of this Mastiff.
Print Name:__George and Claudia Salinger__________Date:
Buyers Print Name_____________________________Date:____________________