TopStock Vizsla Kennels

Agreement of Ownership

 

This agreement is entered into on the _     _ day of _     __, 201 by and between TopStock Vizsla Kennels owned by James D. and Teresa A. Horn here after referred to as “Breeder”, 4430 Legends Way, Maryville, TN 37801 and        here after referred to as “New Owner” and residing at      .

 

The parties knowingly enter into the following agreement:

 

1.       Breeder agrees to convey to New Owner possession and ownership of  male(s) and  female(s)  Vizsla(s), whelped      , AKC Registration or Litter Registration Number       sired by DC AFC Bitteroot Semper Fi Cutter (AKC Registration SR07266401, OFA Hips #VZ-9607G34M-PIGood, DNA Profile #V454785) and whelped by dam CH Lorac-CMF Penny Stock of Value JH NA-Prize III (AKC Registration Number SR35870503, OFA Hips #VZ-11001E24F-PI – Excellent, DNA Profile #V484825) for the purchase price of $     .

2.      Breeder represents and warrants each puppy covered by this agreement as follows:

a.      To the best of Breeder’s knowledge, each puppy(s) is free of external and internal parasites and free of communicable diseases.

b.      Each puppy has been vaccinated against distemper, hepatitis, parainfluenza, and parvovirus.  Dates of such vaccinations to be provided at time of transfer.

c.       Each puppy sold shall have a full health guarantee for 96 hours during which time the New Owner may have the puppy examined by a veterinarian of their choice at their own expense.  This health guarantee does not cover neglect.

d.      This puppy shall be free of dysplasia of the hips to such extent as to be certified by the OFA (Orthopedic Foundation for Animals).  Such certification to be the sole expense of the new owner.  Breeder hereby guarantees up to the age of 30 months that the hips are certifiable at age two by which time the New Owner shall exercise his/her right to have the dog certified.  Only if the hip x-ray is submitted to OFA and found to be not certifiable as excellent or good or fair will Breeder refund up to fifty percent (50%) of the initial purchase price.  Such refund shall be made by Breeder upon receipt of documentation from New Owner of corrective surgery performed on the puppy/dog.  The amount of the refund shall be limited to the amount of the surgical cost or fifty percent of the original purchase, whichever is less.  Breeder reserves the option of having a second x-ray done and submitted to OFA at Breeder’s expense. 

3.      New Owner represents and warrants as follows:

a.      New Owner will take reasonable care to maintain the health and well being of this puppy for as long as he/she retains ownership and will provide adequate amounts of love and attention to the puppy/dog.

b.      New Owner agrees to continue efforts to socialize their new puppy for the next two months either through classes or participation in as many different settings as possible and to participate in one series (six to eight weeks) of puppy obedience training.  These steps will help ensure the puppy will become a well-mannered member of their new household.

c.       New Owner hereby agrees to delay the start of any extended and continuous running/exercise program on hard surfaces until the puppy has reached eighteen months of age and most likely completed its development.  Failure to do so shall void health warranties provided by Breeder under paragraph 2d.

d.      New Owner agrees to provide proper bedding and kenneling for this puppy/dog inside their home with a temperature above 55 degrees in winter or below 85 degrees in the summer.  New Owner also agrees to never permit their puppy/dog to roam free and to maintain preventative health care including but not limited to vaccinations, protection from internal and external parasites, heartworm preventative, quality food (four star or higher) as accessed by www.dogfoodanalysis.com, and adequate daily exercise.

e.      New Owner agrees not to abandon, place in an animal shelter, or in any home without the consent of the Breeder.  If for any reason ownership of this puppy/dog is to be terminated by New Owner, New Owner agrees to permit Breeder to approve and make the determination of the outcome of the puppy/dog.    Any financial exchange shall benefit New Owner.  New Owner agrees to reimburse any expense incurred by Breeder including a placement fee in the event Breeder is instrumental in locating the new home.

4.      New Owner shall have full possession of dog, and all costs to raise and maintain the dog shall be the sole responsibility of the New Owner.

5.      New Owner agrees to adhere to the Code of Ethics as adopted and amended by the Vizsla Club of America (VCA), especially as it relates to breeding or selling of puppies in the event New Owner agrees to the terms of “Full Registration”, whether or not New Owner elects to join the VCA.  (www.VCAweb.org)

6.      New Owner agrees to register the puppy with the AKC within 90 days of ownership and prefix dog’s AKC registered name with Breeder’s Kennel name, “TopStock” or “TopStock’s”.  The balance of the puppy’s registered name shall be completed by New Owner but shall not be misleading and must be approved by Breeder.  Additional registrations with other kennel organizations are NOT permitted without Breeder’s prior approval, except for Field organizations which is permitted.  The registration with International kennel clubs must receive Breeder’s prior approval.

 

Classification of Puppy to be Delivered by Breeder

                                           Full Registration:  New Owner acknowledges and accepts the additional responsibilities and to the terms of Paragraphs 7 and/or 8, and 9 and 10.

                                           Limited Registration:  New Owner is NOT subject to paragraphs 7, 8, 9, or 10.

 

7.      AKC Conformation:   New Owner hereby agrees to the following terms and understands such terms obligate New Owner to specific actions and additional costs.

a.      New Owner agrees to show or cause to be shown in order to obtain an AKC conformation championship on the puppy.  New Owner acknowledges that their agreement to show and champion the puppy/dog is instrumental in their selection by Breeder and the decision by Breeder for New Owner to become an owner of a TopStock puppy/dog.  It is also understood that the puppy/dog is unique and may have traits and characteristics not found in the littermates to this puppy/dog and that it is these traits and characteristics as to why this puppy was selected to go to a home willing to show and obtain a conformation championship.  Failure to abide by these additional terms may cause harm to Breeder.

b.      New Owner acknowledges that breeding, pedigree, and initial environment and socialization are only part of the elements in obtaining a Championship title from AKC.  That Breeder has taken every effort to select a puppy from the litter that in the opinion of the Breeder the puppy currently meets the breed’s standard (considering its age), and that with continued proper care from New Owner should obtain its AKC championship with sufficient effort by New Owner and being properly shown by New Owner or a professional handler knowledgeable with the gun dog breed.

c.       New Owner acknowledges show qualities must be nurtured and agrees to provide the environment, nutrition, care, socialization, conditioning, and proper training to foster show qualities.  New Owner agrees to undertake all the expense to obtain a conformation championship and understands such cost will range from minimal to equal to or more than the initial investment in the puppy.

d.      If three mutually agreed upon experts (Each Expert shall be an AKC judge qualified for the Vizsla breed or a breeder of at least 10 years experience and having bred at least 10 champions.) determine the puppy is not of championship quality by 3 years of age, TopStock Vizsla Kennels agrees to refund fifty percent (50%) of the original purchase price.

e.      In the event New Owners fails to achieve a conformation title on the puppy/dog as required by paragraph 7a and the puppy/dog has been shown in a minimum of 30 shows, New Owner may seek to be released from the requirement to obtain a conformation championship from Breeder.  In the event Breeder releases New Owner from the terms under Paragraph 7, New Owner agrees NOT to breed the puppy/dog without additional written approval of Breeder or to modify the AKC registration from Full Registration to Limited Registration and New Owner shall pay for such registration modification and complete and sign all such documents.  New Owner further agrees to spay or neuter dog.

8.      Field Titles:  Owner hereby agrees to the following terms.  New Owner acknowledges Breeder is seeking to breed the dual dog, those meeting the breed’s conformation standard as well as with the ability to excel in the field.

a.      New Owner agrees to seek advance field titles and will undertake all the expense to do so.  Such titles may include AKC Field Trials (FC), AKC Hunt Tests (SH or MH), NAVHDA Field Trials (UT), or other such titles of similar complexity and skill requirements such as AFC.  Breeder and New Owner understand such titles often require years to achieve, and such efforts should start while still a puppy and continue into the dog’s adult years.  Breeder hereby accepts an older starting age toward obtaining field titles when the puppy/dog is also being shown in the conformation ring.  New Owner acknowledges that their agreement to seek field titles on the puppy/dog is instrumental in the decision by Breeder and their selection by Breeder to become an owner of a TopStock puppy/dog.  It is also understood that the puppy/dog is unique and may have traits and characteristics not found in the littermates to this puppy/dog and that it is these traits and characteristics as to why this puppy was selected to go to a home willing to perform field work and seek field titles.   That failure to abide by these additional terms may cause harm to Breeder.

b.      New Owner hereby agrees to keep Breeder informed as to the progress and of the results of each event the puppy/dog is entered.

9.      New Owner agrees to the following terms related to the breeding of their puppy/dog.

a.      New Owner agrees to obtain one advance title in conformation, field, agility, or obedience prior to breeding the dog.  At the time New Owner’s dog/bitch is offered as stud or to be bred, New Owner agrees to obtain the approval from Breeder as to the potential sire or dam to be used.  Only dogs with an OFA Hip certification good or better, a DNA certification, and which are certified free of brucellosis shall be used to breed to this dog/bitch.  Breeder shall not unreasonably withhold the approval of a potential sire/dam provided such potential sire/dam currently holds a conformation championship title from AKC, the sire/dam and two generations back are all rated “good” or better by the OFA, and the sire/dam does not have any disqualifying white or white on the fore chest greater than the size of a quarter.

b.      It is agreed and understood that neither this dog nor any of its progeny be resold to any pet shop, dog farm, wholesaler, or agent for the same for any reason whatsoever.  Buyer acknowledges and agrees that any violation of this provision will cause irreparable injury to the Stud, Dam and TopStock Vizslas.  Buyer recognizes that Seller would not be selling this puppy absent and agreement to this provision.

10.   The following breeding Rights  ‘are’  ‘are NOT’ retained by Breeder:

a.      Breeder hereby requests and New Owner agrees to one of the following:

                                                  i.        If female:  The Breeder retains the right to purchase one puppy from a future breeding of the puppy and the selection shall be the  of the litter determined by the Breeder.  The price of the puppy shall be the going rate for the litter but shall not be more than 125% of the price paid to Breeder for the puppy.  This right shall remain in place until fulfilled.

                                                ii.        If male:  New Owner agrees to permit Breeder to use this dog as a stud free of charge, and Breeder agrees to bare all costs associated with any such request of Stud Service including the collection of semen for AI if required.  Such request of service shall not exceed two breedings where three or more puppies are whelped and survive.  New Owner agrees to sign any AKC or other paperwork as owner of the stud.  Breeder agrees to pay to New Owner an accommodation fee of $200 per successful natural breeding (three or more puppies are whelped and survive).

b.      New Owner shall NOT spay or neuter their puppy until Breeder has released New Owner from Breeder’s retained Rights or such Rights have been met.

c.       In the event Breeder has not satisfied their retained Rights specified in paragraph 10a, Breeder may elect to take the following steps.  For males, Breeder may elect and shall have the right at Breeder’s sole cost and expense to collect and freeze semen sufficient for future breeding.  For females, Breeder in the event New Owner fails to breed their female, Breeder may elect to breed female at Breeder’s sole expense and cost.  New Owner shall permit Breeder to breed, house, and whelp one litter.  Breeder shall have the right to retain one puppy and to recover all costs associated with the litter including but not limited to veterinary, stud fees, travel, and advertising from the sale of the litter, and Breeder bears the risk in the event all costs cannot be recovered.  Any excess revenue shall be shared equally between Breeder and New Owner.  Breeder shall return the bitch to New Owner once the puppies have been weaned and reached the age of 9 weeks.  New Owner understands that such breeding shall not take place prior to age 2 of the dog/bitch, and thus Breeder may not fulfill their retained Rights until the dog/bitch has reached age 3 or later.

11.    Limited Registration:  If the puppy is placed with “Limited Registration”, New Owner hereby agrees to and understands the following terms:

a.      New Owner understands the AKC registration will be a limited registration, and agrees to adhere to the terms of such registration.  Such terms can be found on the website of the AKC, (www.akc.org).

b.      New Owner hereby agrees NOT to breed their puppy/dog and to take all steps necessary to prevent any breeding from taking place.  In the event of a breeding taking place resulting in puppies, New Owner agrees to place the puppies free of charge and that all puppies shall be spayed or neutered prior to delivery.

c.       New Owner understands their “Pet” puppy may be capable of earning its conformation or field championship.  New Owner understands that spaying or neutering their puppy ends any opportunity to obtain a conformation champion for their puppy.

d.      New Owner may request Breeder to amend the AKC registration from “Limited” to “Full” at any time prior to spraying or neutering their puppy.  New Owner understands Breeder may deny such request.  Should Breeder agree to amend the AKC registration of the puppy/dog, Breeder shall reclassify the puppy/dog to “Full Registration” and New Owner agrees to meet the terms identified above for a Full Registration Puppy.  New Owner also understands that in addition to a fee to the Breeder, other fees to amend the AKC and other registries may apply and shall be paid by New Owner or reimbursed to Breeder by New Owner.

e.      New Owner hereby agrees to the following terms regarding the spaying or neutering of their puppy.  New Owner agrees no such procedure shall take place prior to the puppy’s first birthday.  New Owner also agrees to have such appropriate procedure performed by the puppy’s third birthday, understanding amending the registration to “Full” can no longer occur once the procedure is completed.  Such proof of completion of the procedure shall be provided to the Breeder.

12.   Breeder has taken all customary steps to breed a litter with the objective of meeting the personalities and traits of the Vizsla breed.  Breeder does not warrant or guarantee in any way the actions or behavior of the puppy/dog once it leaves the care of the Breeder.  New Owner assumes the sole responsibility of the puppy/dog and agrees to indemnify and save Breeder harmless from any and all loss and expense the Court of Law may find New Owner accountable.

13.   In the event New Owner and Breeder have agreed to co-own the puppy, Schedule A outlining such ownership shall be attached and item A shall be checked.

a.        Schedule A applies and is attached.

b.        Schedule A does not apply.

14.   Breeder hereby agrees to offer support to New Owner in the form of advice on raising, training, and handling their puppy/dog throughout the lifetime of the puppy/dog.  Breeder encourages New Owner to participate in any events the puppy/dog may be qualified.  New Owner hereby agrees to maintain contact with Breeder as to the development of the puppy/dog and includes providing pictures from time-to-time.

15.   Should New Owner choose to break any of the provisions of this Agreement, the Breeder will have the immediate right to repossess the puppy/dog at no expense to Breeder.  New Owner shall forfeit all rights to the puppy/dog and agrees to transfer the puppy/dog back to the Breeder.

16.   This agreement is complete and no oral promises or agreements exist except as expressed within the terms of this agreement.  This agreement may be modified or amended only in writing and signed by the parties hereto and shall be construed in accordance with the laws of the State of Tennessee.

17.   Other agreed upon terms:  None.

18.   If any provision of this contract is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect.

 

The Remainder of This Page is Intentionally Blank.


By signing below, it is hereby acknowledged that the signee has reviewed and agrees to adhere to the above policies, requirements, and terms.

 

New Owner:

 

Signed:                                                                                                                      

 

By:             Name:                                                                                  

 

                  Address:                                                                               

 

                  City/State/Zip:                                                                     

 

 

Breeder:

 

            TopStock Vizsla Kennels

 

Signed: ____________________________________________________

 

 


TopStock Vizsla Kennels

James D. and Teresa A. Horn

4430 Legends Way

Maryville, TN  37801

865-984-3550   or 865-243-5156

doug@topstockvizslas.com

www.topstockvizslas.com


Purchase Price:          $      

Deposit Paid:              $       

     :                      $       

     :                      $       

     :                      $       

     :                      $       

Balance Paid:             $