A breeding contract is essential for dog breeders, both between the owners of the stud and bitch and between the owners of the puppies and their new families. Specific stipulations in the contract will protect all parties from lawsuits and legal issues. Although both parties may agree upon terms, it is recommended to have a lawyer take a look at the contract before it is signed. Once the contract is signed and dated, it is both legal and binding.
Dog breeding contracts vary in content depending on the breed of dog, care associated with the animals, pedigrees, payment terms and more. Before you begin, check your state’s dog breeding regulations. Some counties require special licensing for breeding dogs in response to control overpopulation within the community. If you don’t acquire the necessary licenses, you may be looking at heavy fines associated with breeding ban violations.
Also consider the puppy lemon laws in your state, and become aware of the time limitations and circumstances under which puppies may be returned for illnesses. If certain illnesses are traced back to poor breeding, lawsuits will ensue.
Research the amount of money that will come from the sale of particular breeds, how pedigreed the stud and bitch are, and standard breeding fees in your area. The stud’s owner typically decides and receives the payment, whether it is a member of the litter or a service charge. If a puppy is the form of payment, consider including a guarantee of first choice of the litter for the stud’s owner. If the stud’s owner wishes monetary payment, consider adding information about discount purchasing of puppies from the resulting litter.
Include a pregnancy guarantee statement in the breeding contract. Typically, if breeding is not successful the first time, the stud’s owners will allow another session at no additional charge.
Unusual for dogs, but depending on geography, the stud’s age and unforeseen circumstances, a substitution clause may be desirable. Addressing substitution in the breeding contract will stipulate the conditions of another stud providing second-round services if the pregnancy does not take.
Within the contract, list which tests and what veterinary records are specifically required for health reasons. Be sure both dogs are free of fleas and do not have kennel cough. Up-to-date rabies vaccinations, distemper shots and proof of regular veterinary visits are also recommended.
If both parents are registered with the American Kennel Club, provide information in the contract as to who will fill out the Litter Registration Application Form and pay the fee. Information required includes the birth date of the litter, number of male and female puppies born, and registered names and numbers of bitch and stud.
When writing breeder’s terms, the contract between the bitch’s owner and adopting families, allow the families to visit the dog and her puppies at the place in which they are held. Grant specific times or stipulate that advance notice to set an appointment time is required.
The bitch’s owner also needs to identify to prospective families how the breeder will choose which puppy goes to which home. This usually occurs on a first-come-first-serve basis. First choice may be the first person to pay a deposit for the unborn puppies, the first person to express interest in the unborn puppies, or the first person to express interests after the puppies are born. If the first choice goes to the stud’s owners, new customers have a right to that knowledge and it should be included in their contract.
Dog breeders may wish to put conditions on what happens to the puppies should the families no longer be able to care for them after adoption. Some breeders would rather have the puppies brought back than find a new home in a euthanizing shelter or with a family the breeders have never met.
To protect the reputation of the kennel or breeding company, dog breeders may wish to include a stipulation about the usage of the business’ name, especially within the context of naming the puppy.
The information to include in a dog breeding contract varies from breeder to breeder. Information is this article is a suggestion, and drafts of breeding contracts should be considered by an attorney.
