Guardian Home Contract
NOTICE OF PURCHASE OF GOOD FAITH: All dogs have the potential for genetic or congenital disease or deformation. It is the Breeder’s job to try to minimize the possibility of these conditions through careful and selective breeding as well as DNA testing of breeding stock, and that is done with Magix’z Poms, in good faith. Please read all language in this contract, specifically the Health Guarantee portion, for full understanding of details concerning any contagious or hereditary defects.
Magix’z Pomeranian’s will be referred to in this document as the Breeder. The original purchasing party, and only the original purchasing party, will be referred to in this document as the Guardian.
This guardian home contract is for a Pomeranian puppy/dog between
Guardian Name: ___________________________________________
and Breeder Trish Berger of Magix’z Pomeranians
Name: __________– Magix’z ______________________________ Color: __________________ AKC# __________________ Micro-chip # _____________________
Puppy's Sex: ____________ Whelping Date: __________ Sire: _______________________________________ Dam: ______________________________________
Guardian’s Telephone Number :__________________________________________________
Guardian’s E-mail Address :_____________________________________________________
The dog is microchipped and the Breeder requires that she remain listed as a contact related to the microchip throughout the dog’s lifetime to help ensure the safety of the dog.
_____ This dog is being placed with no breeding rights. The Breeder is responsible for completion and submission of AKC registration papers. The Breeder offers no guarantee regarding disposition, conformation, temperament, size, coat, weight, color or markings. The Breeder does not guarantee any other traits or behaviors the dog may develop as it matures.
- Terms of Guardianship:
- The Guardian agrees to have the dog examined by the Guardian’s veterinarian at the Guardian’s expense within 48 hours of taking possession of the dog. If the veterinarian does not give the dog a clean bill of health the Guardian will immediately notify the Breeder and provide proof of the veterinarian’s diagnosis. The Breeder reserves the right to have the dog examined by a veterinarian of her choice to confirm the diagnosis and the Breeder will pay for this examination. Failure of the Guardian to provide proof of the examination results to the Breeder within 2 days renders this Health Guarantee null and void.
- Guardian will provide a home with a fenced yard and will keep the dog in a fenced yard or on leash at all times. Guardian will notify Breeder 30 days in advance of change of address or move, and must stay in the general vicinity of first address/city for agreement to continue with Breeder. Guardian will inform Breeder of vacations or planned absences. Any person caring for the dog in the Guardian’s absence must be approved in advance by the Breeder. Guardian is responsible to ensure that all persons residing with Guardian and dog understand and abide by the terms of this contract.
- Guardian will provide and pay for routine veterinary care including sick and well checkups, and will inform Breeder (emailing vet reports and records) of the outcome of all veterinary visits. Guardian will provide required titer tests, immunization boosters(if needed), rabies immunization, monthly heartworm preventative, monthly flea/tick preventative treatments and other routine health checkups and treatments.
- Guardian will maintain the dog’s physical appearance with grooming, brushing, de-matting, and will keep nails clipped, as well as cleaning ears and teeth. Guardian is responsible for any and all surgeries related to proper dental care. Guardian will notify Breeder immediately with any health concerns, illnesses, accidents, etc. Within five days of taking puppy home, Guardian will send Breeder vet record for first exam, and list of immunizations given. Guardian will make sure puppy has required set of immunizations completed and will send Breeder vet records from each exam.
- Guardian will provide Breeder with the name, address and telephone numbers for their veterinarian. Guardian will send Breeder copies of all exams and vet records within 5 days after the vet visits.
- Guardian is responsible for seeking prompt and appropriate veterinary care in the event of injury or illness of the dog. If choices need to be made regarding type of treatment, these choices must be presented to and made by the Breeder unless emergency treatment is required. Guardian will be responsible for routine vet costs and treatment for accidents or injury. Any dog with severe genetic faults will not be bred and Guardian/Breeder will work out Guardian keeping/not keeping the dog and payment for treatment, depending on the problem.
- Guardian will surrender dog to Breeder whenever requested and on occasions such as, but not limited to, breeding, whelping, showing and vet visits. Guardian will meet Breeder half-way to transport dog for breeding and showing, to deliver and to pick up.
- Guardian may return the dog to Breeder at any time, for any reason and the guardianship agreement will be terminated.
- Guardian will owe Breeder $500 if the dog dies due to negligence on the part of the Guardian. Negligence is defined as: (1) failure to responsibly contain or supervise the dog; (2) leaving the dog alone in a vehicle if the outdoor temperature is over 65 degrees; (3) failure to prevent the dog from having access to toxic materials; (4) leaving the dog in the sole care of a person under the age of 14 years; or, (5) failure to provide containment of dog while in a moving vehicle (crate or canine safety tether/belt). If the dog dies due to accident beyond the control of the Guardian, the Guardian does not owe payment to the Breeders. If the dog dies due to non-treatable or genetic health issue, the Guardian will not be held responsible in any way. If the dog disappears during the contract period, Guardian will owe Breeder $500.
- Breeder Obligations:
- The Breeder agrees to breed the dog only at the age of maturity and after all breed-required health testing and certifications are completed as recommended by the breed club and OFA, at the Breeder’s expense. The Guardian understands that breed-required health testing cannot be completed until after the dog is at least 1 year old. The Breeder reserves the right to resume possession of the dog if the dog is bred without these requirements being met.
- Breeder will provide written instruction to Guardians regarding nutrition, training and veterinary care, and will be available to answer questions and help Guardian whenever needed to answer questions about care, medical conditions, food, training, etc.
- Breeder will visit the Guardian home once a year.
- Breeder will approve of the Guardian’s choice of veterinarians.
- Breeder will retain ownership of the dog until the end of the Guardian Home Contract period. At that time, Breeder will pay to have the dog neutered. Legal ownership of the dog will be transferred from Breeder to Guardian at this time.
- If the dog dies while in the Breeder’s care, Breeder will provide, free of charge, a replacement puppy or dog to the Guardian and the Guardianship relationship may either be continued or cancelled, decided by mutual agreement of Breeder and Guardian.
- At any time prior to the end of the contract – if it is determined by the Breeder that it is in the best interest of the Breeder or the dog that the dog be neutered and taken out of the breeding program, then legal ownership of the dog will be transferred to the Guardian after neuter (at Breeder’s expense).
The Guardian understands that should the terms outlined in this contract be ignored or disregarded, or if any attempt is made to break this contract, it will be considered a Breach of Contract. In such an event the Guardian agrees to pay the Breeder a fine of $2500. The Guardian also agrees to forfeit possession of the dog back to the Breeder.
This contract contains the entire agreement between the parties and no statement or verbal agreements that are not contained in this written contract are valid or binding. This contract will not be modified or altered except in writing and accompanied by the signature of both parties. Violations of any element of this contract will constitute Breach of Contract. Both the Breeder and Guardian will retain copies of this contract. Any court proceedings will be conducted in St. Clair County, Michigan.
I have read and understand the stipulations of the contract and voluntarily agree to all elements, stipulations and provisions herein.
__________________________________________ Date __________Trish Berger, Breeder