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GUARDIAN HOME CONTRACT
This Guardian Home agreement ("Contract") is being established between Lakietha Lucas (Kentuckiana Poodles and Doodles, referred to as the "Breeder") and the individual known as the "Guardian," whose contact information is provided below:
Name:
Address:
Phone number:
Email:
The Breeder, as a reputable "Poodle/Doodle" breeder, has implemented a Guardian Home Program that allows their breeding/stud dogs to be placed in loving forever homes while still retaining their status as breeding dogs for a specific number of litters. The Guardian, in this case, desires to provide a nurturing forever home for a puppy and also assist the Breeder in their breeding efforts through the Guardian Home Program. Consequently, the Breeder agrees to deliver or arrange a meeting for the Guardian to receive a puppy/dog, and the Guardian agrees to accept the designated Guardian puppy/dog and fulfill their obligations as outlined in this Contract.
NOW, in light of the aforementioned considerations and other valuable contributions, the parties involved hereby agree to the following terms:
The Guardian Home Dog:
The Breeder commits to providing the Guardian with a healthy and well-cared-for puppy/dog of the previously agreed-upon breed (hereinafter referred to as the "Guardian Dog").
Details of the Guardian Dog:
Name:
Breed:
Color:
Before the delivery of the Guardian Dog and upon signing this Contract, the Guardian agrees to allow the Guardian Dog to whelp a maximum of 4-5 litters of puppies (in the case of females) this number will be determined by the breeder or provide stud services for up to 6 years (in the case of males). However, the health of the Guardian Dog is a determining factor in this arrangement. It is important to note that the Guardian Dog remains the property of the Breeder until all terms of this Contract have been fulfilled.
The first breeding, unless alternative arrangements have been made, must be completed within 2 years of signing this Contract. If this requirement is not met, the Guardian Dog must be returned to the Breeder. Once all the obligations of this Contract have been met, the Breeder will arrange for the spaying/neutering of the Guardian Dog and subsequently transfer ownership to the Guardian.
Furthermore, any puppies born to a female dog or any semen from a male dog shall be the exclusive property of the Breeder. The Guardian shall have no ownership or possession rights over the use of the semen.
Breeder's Obligations:
During the period in which the Guardians have custody of the Guardian Dog, the Breeder will fulfill the following responsibilities:
1. Provide the Guardians with a healthy puppy/dog.
2. Furnish dietary guidelines and instructions for the dog's healthcare, including information on deworming, vaccinations, and suitable chew toys and other playthings.
3. Maintain contact with the Guardian and the Guardian Dog through means such as home visits, text messages, FaceTime, and grooming appointments.
4. Cover the costs of spaying/neutering the dog upon completion of the contract or when the Breeder determines that the dog is no longer required or fit for breeding.
5. Assist the Guardian in selecting a veterinarian to provide medical care for the dog. (We recommend Vine Grove Veterinary Hospital, located at 5585 Flaherty Rd. Vine grove Ky, 40175).
6. Provide training to the Guardian on identifying signs of a female dog entering her heat cycle and approximate timeframes for this occurrence.
7. Offer support and guidance to the Guardian regarding training and general care for the Guardian Dog.
8. Educate the Guardian on what to anticipate and how to care for a pregnant female dog.
9. Bear the expenses for all veterinary procedures related to breeding, including hip x-rays and genetic testing.
10. In the case of a female dog, the Breeder will take possession of the dog when it is time for breeding. The dog will remain with the Breeder for approximately one week before being returned to the Guardians for the gestation period (pregnancy). The Breeder will also reclaim the female dog up to one week prior to her due date and keep her until the puppies are born and weaned (typically lasting 4-8 weeks).
11. If the dog is male, the Breeder may take possession of the dog for breeding purposes at any given time, potentially for several days at a time. Most breedings will be conducted through artificial insemination. Alternatively, if the Breeder and Guardian reside far apart, the Guardian will be responsible for transporting the Guardian Dog to the veterinarian, with the Breeder covering the associated fees.
12. If, for any reason, the Guardian becomes unable to retain custody of the Guardian Dog until the end of the contract, the Breeder will reclaim the dog.
Responsibilities of the Guardian
While in possession of the dog, the Guardian agrees to:
1. Provide the Guardian Dog with approved and nutritious food until the completion of this contract.
2. Ensure that the Guardian dog receives vaccinations as per veterinary standards. The costs for these vaccinations will be covered by the Guardian. This includes Distemper, Hepatitis, Parvovirus, Rabies (at 3 months of age) for Guardian puppies, and Bordetella and Parainfluenza, along with regionally recommended vaccinations, for adult Guardian Dogs. Additionally, the Guardian should use organic products for heartworm, flea, and tick prevention based on the region.
3. Train the Guardian Dog to meet the Breeder's standards, which include basic and intermediate obedience such as Sit, Stay, lay down, crate training, and potty training. The Breeder will provide some assistance with training, but professional training expenses will be borne by the Guardian.
4. Always supervise and maintain physical control over the Guardian Dog throughout the duration of this contract. The Guardian will be held responsible for any damage or injury caused by the Guardian Dog while in their possession. The Guardian agrees to waive all rights and claims for contribution and indemnification from the Breeder and assumes full liability for any such damage or injury, agreeing to pay and indemnify the Breeder accordingly.
5. Take responsibility for all necessary veterinarian or hospital charges in case of accidents, injuries, or illnesses. The Guardian will also cover routine veterinary costs such as heartworm/flea control, ear maintenance, teeth cleaning, and wellness exams. Dog MUST stay on flea prevention year-round.
6. Allow the Breeder to show, photograph, and have access to the Guardian Dog for genetic testing, veterinarian visits, and breeding purposes. The Guardian agrees to provide such access upon request.
7. Make all health records, lineage information, and documents related to the Guardian Dog available to both the Breeder and Guardian.
8. Inform the Breeder about all non-routine veterinary visits and provide veterinary reports via email or regular mail. Non-routine visits include those not related to vaccinations, teeth cleaning, or wellness checks.
9. Notify the Breeder every time the Guardian Dog goes into heat (for females), starting from the first heat cycle and for all subsequent cycles throughout the duration of this Agreement.
10. The term "heat" refers to the swelling of the vulva and the appearance of a small amount of blood. The Guardian must ensure that the Guardian Dog is kept away from all intact male dogs during this time to prevent unintended breeding of the female. Additionally, the Guardian must also keep the Guardian Dog away from other females in heat, unless specifically working with them, to avoid unwanted mating with males.
11. In the event of any changes in address or phone number, the Guardian must inform the Breeder in advance so that an accurate and up-to-date listing can be maintained. If the Guardian decides to move, they must obtain written consent from the Breeder. Failure to do so gives the Breeder the right to remove the Guardian Dog from the Guardian's care. If the Breeder agrees in writing, the Guardian is responsible for covering all expenses related to transporting the Guardian Dog to a new home, as well as for future breeding or puppy transport back to breeder.
12. The Guardian must ensure the safe confinement of the Guardian Dog by using a traditional fence or a leash whenever the dog is outside of the Guardian's home/yard. This is especially important during the female dog's heat cycle and at all times when around a male dog. However, once the dog has been trained to respond to voice commands off leash, it is permissible to allow the dog to retrieve for exercise. A female dog should not be left outside in the yard during her heat cycle, and instead, should be kept indoors away from other dogs or inside a secure crate or garage.
13. The Guardian is responsible for providing adequate exercise for the dog on a daily basis.
14. If the dog shows any signs of illness or sustains an injury, the Guardian must consult with the Breeder immediately.
15. The Guardian must either deliver the Guardian Dog to the Breeder or meet with the Breeder upon request, with a 24-hour notice, for purposes such as breeding or testing.
16. The Guardian must keep the dog well-groomed at all times. Regular brushing is necessary to prevent matting of the coat. When needed, a professional groomer experienced with 'poodle/doodle' grooming should be utilized every 6-8 weeks to maintain the coat's health and appearance. The Breeder will provide recommendations for grooming products. The breeder will cover grooming cost if groomed by breeder, if guardian takes dog to another groomer, guardian will be responsible for grooming cost.
17. The Guardian agrees to feed the dog/puppy a nutritional dog food and partially incorporate a raw food diet. Feeding dogs low-quality food can lead to illness and health problems. Dogs are naturally carnivores and would consume raw meat.
Miscellaneous:
• Removal of guardian dog - If the breeder finds that the guardian dog is not complying with the terms of the agreement, they have the right to remove the dog from the guardian's possession. This would result in the termination of the contract. However, the breeder will first consult with the guardian before permanently removing the dog, unless it is necessary to protect the dog's health, welfare, and safety. If immediate removal is not necessary, the breeder will give the guardian a reasonable amount of time to meet the breeder's requirements before permanently removing the dog. In the case of a stud dog being hired out or its semen being sold without the breeder's permission, the breeder can immediately remove the stud dog from the guardian's home, and the guardian would also have to pay the breeder $2,000, which is the value of the stud service or semen.
• Death of guardian dog in breeder's possession - If the dog dies from natural or accidental causes that are not due to negligence on the guardian's part (such as not using a leash or not maintaining the yard fence and gate properly), the contract will end, and both parties will have no further obligations to each other. However, if a female dog dies during whelping (giving birth to puppies), the breeder will provide the guardian with a spayed or neutered puppy from the litter that caused the death, if any puppies survive for eight weeks. This will be done at no cost to the guardian.
• Death of guardian dog in guardian's possession - If the dog dies from natural or accidental causes that are not due to negligence on the guardian's part (such as not using a leash or not maintaining the yard fence and gate properly), the contract will end, and both parties will have no further obligations to each other.
• Transfer of ownership - If the breeder decides, at their sole discretion, that the guardian dog should no longer be used for breeding purposes, the breeder will have the dog spayed or neutered and transfer ownership to the guardian. The breeder will cover all expenses related to the spaying or neutering, instead of requiring any upfront payment or payment at the time of ownership transfer.
• Return of guardian dog - At any point during the contract, the guardian has the option to permanently return the guardian dog to the breeder for any reason. This would result in the termination of the contract.
Reporting accidental breeding within 24 hours is required. The breeder operates a business, and accidental breeding can cause significant harm to the breeder's business and the guardian dog. In case of failure to report accidental breeding within 24 hours, the guardian agrees to pay the breeder a fee of $5,000. This fee is not a penalty, but a genuine estimate of damages incurred by the breeder due to the lack of opportunity to take action. The fee is reasonable considering the harm caused by accidental breeding, the difficulty of proving monetary loss, and the inconvenience of obtaining a legal remedy. Abortions will only be considered if they are life-threatening to the female. Puppies resulting from accidental breeding belong to the breeder and will be placed in pet homes by the breeder. The accidental breeding does not constitute a contracted litter, and the guardian will not be compensated. However, the puppies from accidental breeding must be cared for with the same diligence and respect as puppies from contracted litters according to the terms of the contract.
Immediate payment of $15,000 is required if any of the following occur before ownership transfer from breeders to guardians:
1) the guardian spays or neuters the dog without the breeder's written consent,
2) the guardian intentionally injures the dog preventing it from breeding or negligently causes the dog's death
3) the guardian runs away with the dog, fails to inform the breeder of a change in address, or stops communicating with the breeder.
· This contract cannot be transferred to another breeder or guardian without prior agreement.
· The breeder's pictures must not be altered by the buyer, and the buyer does not have permission to use the photos to sell to a third party. However, the buyer may copy and post pictures of their dog/puppy from the breeder's Instagram or Facebook on their own social media accounts for sharing with family and friends.
· This contract, along with other transaction documents, is the complete agreement between the parties and supersedes any prior written or oral agreements regarding the subject matter.
· If any provision of this Guardian Home Contract is deemed unenforceable by a Kentucky Court, the remaining provisions will still be enforceable to the fullest extent allowed by law.
· All covenants, terms, and provisions of this Contract are binding on the parties and their respective heirs, legal representatives, successors, transferees, and assigns, except as stated otherwise in the Contract.
· The laws of the State of Kentucky govern the validity, interpretation, and construction of this Contract, without considering conflicts of law provisions.
· Disputes related to this Contract must be brought exclusively in the Courts of the State of Kentucky. Both parties' consent to the jurisdiction of these courts and waive the right to a trial by jury.
· The prevailing party in any enforcement action or breach of this Contract is entitled to recover reasonable attorney's fees and expenses.
· Any amendments to this Contract must be in writing and signed by all parties.
· The Term (Effective Date [_______________]) of this Contract begins on [date]__________ and ends when the breeder receives 4-5 Contracted Litters (for females) or after 6 years of stud services (for males).
· The guardian will receive a total of $500.00 per litter as a "Thank you" for keeping their pet.
Guardian Printed Name:
Guardian Signature:
Breeder printed name:
Breeder Signature: