This Guardian Dog Home agreement is a legal and binding contract, entered into this ________ day of ____________2021 (the “Effective Date”), between Randi Garrett at Kammerhunde Danes (“Breeder”) at 142 Lake St. Bridgeport, TX 76426

And ______________________________________________________________________ (“Guardian”),

Whose address is: _____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Guardian’s Phone Number(s)_____________________________________________________________

Guardian’s Email Address________________________________________________________________

 

     Kammerhunde Danes' Statement of Purpose:

Breeder is a Great Dane Breeder that has developed a Guardian Home Program. This program allows Kammerhunde Danes' breeding dogs to be fostered by loving forever homes while still maintaining status as a Breeding/Show dog for a contracted numbers of litters/AKC Titles. The Guardian seeks to provide a puppy with a loving forever home, also support the Breeder’s breeding/showing needs through the Guardian Home Program. As such, Breeder agrees to deliver a puppy to Guardian and Guardian agrees to accept Guardian puppy and perform in accordance with this Agreement. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

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Guardian Home Dog

    The Breeder agrees to deliver to the Guardian in sound condition ONE (1) MALE OR (1) FEMALE GREAT DANE (hereinafter designated “Guardian Home Dog” or “Guardian Home Female/Male” or “Guardian Female/Male”) described as follows:

BIRTH/LITTER NAME: ____________

WHELPING DATE: ______________

SIRED BY: _________________________________________________

OUT OF (DAM): __________________________________________________

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    Signing of this Agreement and prior to delivery of Guardian Home Female/Male, Guardian agrees to whelping six (6) litters (Hereinafter “contracted litter”) of puppies from Guardian Dog. We ALWAYS have our dog’s health as our #1 priority. Six (6) is the maximum number of litters a Dam will have with KHD. However, that number may be lower depending on the individual Dam. Number of litters are subject to change at anytime via KHD’s discretion.

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Dog Ownership 

    Guardian Home Female/Male Dog is the property of the Breeder until all terms of this Agreement have been fulfilled. First Breeding must be completed within 2 years of signing, or Guardian Home Female shall be returned to Breeder. Upon satisfaction of this Agreement, Breeder will transfer ownership in Guardian Home Dog to Guardian.

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Guardian’s Care Responsibilities

    General It is agreed that Guardian Dog is currently valued at $5,000 and that this value will increase as she matures and when additional genetic tests are required and passed. Furthermore, this agreement is to provide assurance that Guardian Dog will thrive in her loving home, which is intended to be her forever home. As such, Guardian agrees to give full and proper care to Guardian Dog. This includes general health care, such as vaccinations, heartworm preventative, flea/tick preventatives, fecal exams from their annual Veterinary Exams, routine dental care, then any Emergency Care that may arise, etc. Guardian must let KHD know of any Heat Cycles, so that we may track them for breeding purposes. If we are skipping a Heat, Guardian must keep any/all other males away from KHD female, so that no accidental pregnancies may occur.

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Feeding Program

  Great Dane puppies need a quality diet strictly for Giant Breeds. The Guardian agrees to feed Guardian Dog Female/Male kibble with the following formula:

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Phosphorus/Calcium 1:1.2

Protein: 23-30% (NEVER higher than 30%)

Fat: 9%-14%

Grain Free: NEVER FEED GRAIN FREE FOOD! Unless Dog is DX with a true Grain Allergy. In which case Guardian must provide a letter from Veterinarian to the Breeder with DX on Letter Head. 

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The 2 foods that we recommend:

1.      Science Diet Large Breed Puppy

2.      Iams Large Breed Puppy mixed 50/50 with Iams Large Breed Adult Mini Chunks until 24 months of age, then switch to Iams Large Breed Adult.

3.      Royal Canin GIANT Breed JUNIOR mixed 50/50 with Royal Canin GIANT Breed Adult until 24 months of age, once 24 Months old feed only Royal Canin GIANT Breed Adult.

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Vaccinations 

    The Guardian agrees to vaccinate the Guardian Dog in accordance with Veterinary standards. These vaccinations include (for Guardian Pup): Distemper, Hepatitis, and Parvovirus, Bordetella and at three months of age, Rabies. (Adult) Guardian Female/Male also requires Bordetella and Parainfluenza and regionally-recommended Vaccinations. In addition, Heartworm and flea and tick prevention are required for both Guardian puppy and later as a Guardian adult. 

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Training of Guardian Dog

    The Guardian agrees to train the dog to Breeder’s standards. Breeder’s standards include Basic and Intermediate Obedience. Such as: Loose Leash Heel, Come, Sit, Stand/Stay, Wait, Off and No jumping.

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Supervision

    The Guardian shall, at all times keep the Guardian Female under close supervision and maintain her under physical control at all times for the duration of this agreement. The Guardian is responsible for any damage or injury inflicted by the Guardian Home Dog while in Guardian’s possession. The Guardian waives all rights of and claims for contribution and indemnification from Breeder and, with respect to any liability for damage or injury by the Guardian Home Female/Male. Guardian agrees to pay and assume all such liability and damage and to forever fully indemnify Breeder.

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Veterinary Expenses

    In the event of accident or injury, Guardian assumes responsibility for all necessary veterinarian or hospital charges.

In the event of illness, Guardian assumes responsibility for all necessary veterinarian or hospital charges.

Guardian assumes all responsibility for all routine veterinary costs including heartworm & flea control, vaccinations, teeth cleaning, and wellness exams.

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Breeder Access

    A representative of Breeder may show, photograph, and have access to Guardian Home Female/Male for genetic testing, veterinarian visits, breeding and showing. Guardian agrees to provide Breeder with such access upon request at any time.

All health records, information regarding lineage, and any document pertaining to Guardian Home Female/Male will be available to both Breeder and Guardian.

Guardian agrees to report all non-routine veterinary visits to Breeder and deliver veterinary reports by either email or regular mail to Breeder. Non-routine veterinary visits include all visits excluding vaccinations, teeth cleaning, or wellness checks.

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Breeding

    Contracted Litters. Breeder holds breeding rights as described below:

Guardian will assist in Breeding and agrees to the terms of this Agreement for at most, six (6) litters (“Contracted Litters”) of puppies following Guardian Home Female’s Second birthday or beginning with her second heat, whichever comes first, unless other arrangements are made in writing between the parties.

Breeder may choose not to use all Contracted Litters breeding rights. If Breeder determines that fewer litters are required, a bill of sale will be given to the Guardian transferring ownership of Guardian Home Dog to Guardian, and this Agreement will be deemed satisfied.

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Financial Responsibilities

Breeder will be responsible for the following financial expenses related to the breeding of Guardian Home Dog:

·        Genetic Testing;

·        Stud Fees;

·        Semen Collections and Shipments;

·        Veterinarian Breeding Assistance including insemination or complications with delivery;

·        Dew claw removal at 3-5 days old;

·        Well-puppy examinations at the time of first puppy shots at 8 weeks

·        First puppy shots 8 weeks and worming at weeks 2,4,6 & 8

·        Well-puppy examinations and certificates of health for airline travel; and

·        For advertising, new owner, and new Guardian Home selection for puppy (puppies).

·        Show related cost

·        Whelp puppies

·        Keep Dam until puppies are weaned. Then Dam will return to Guardian.

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Guardian’s Breeding Responsibilities

·        Breeder Communication.

·        Guardian shall communicate with Breeder each time Guardian Home Dog is in heat, beginning with the maiden heat and on every heat thereafter for the duration of this Agreement.

·        Heat is defined as the first day a spot of blood is noticed. Guardian must keep the Guardian Home Female away from all in-tact male dogs while she is in heat to prevent accidental breeding.

·        Care of Pregnant Guardian Home Dog: A nutritious diet is important to insure the continued good health of Guardian dog and for the development of strong, vigorous pups. The Guardian agrees to feed the pregnant Guardian Home Dog both approved puppy food and her regular approved diet (See Guardian Feeding above)

 

    Whelping Unless other arrangements have been made with and approved by the Breeder, Breeder will whelp Guardian Home Female on Breeder's premises. If breeder agrees to allow Bitch to whelp on Guardian's premises, Guardian shall take newborn puppies to the veterinarian of KHD’s choice between 8:00 a.m. on the third (3rd) day of life and 5:00pm on fifth (5th) day of life for dew claw removal. Transport to Appointments: Whoever has Dam and puppies will be responsible for taking Guardian Home Dog and her puppy or puppies to necessary veterinarian appointments until puppies are brought to Breeder. Guardian is also responsible for bringing Guardian Home Dog to a nearby veterinarian in specific situations for insemination or breeding.

Transport to Breeder. Guardian is responsible for bringing the Guardian Female’s puppy or puppies to Breeder in Bridgeport, TX at the age of seven and a half (7.5) weeks. Unless other arrangements have been discussed.

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Change of Address

    The Guardian shall notify the Breeder in advance of any changes of address or phone number so the Breeder may maintain an accurate and current listing. Guardian may not move outside of existing living area or more than six (6) hours from Breeder and take Guardian Home Dog prior to the satisfaction of this Agreement unless Guardian obtains prior written consent from Breeder. If agreed to by Breeder and in writing, Guardian agrees to pay ALL travel expenses, Hotel, Gas, etc., associated with transporting Guardian Home Female for Breeding and/or puppy transport.

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Puppy Ownership

    All puppies from Contracted Litters are the property of Kammerhunde Danes' Breeder (KHD): Randi Garrett.

Liquidated Damages Guardian agrees to make his or her best efforts to comply with all the terms of this Agreement. If Guardian fails to comply with breeding requirements, Guardian agrees to pay Breeder in liquidated damages, and not a penalty, a fee of TWENTY THOUSAND DOLLARS ($20,000). This fee is a genuine estimate of damages that may be incurred by Breeder as it is the expected value of Guardian Home Dog’s puppies to Breeder’s program. This fee is reasonable in light of the harm that will be caused by the failure to breed, the difficulty in proving the extent of monetary loss, and the inconvenience of otherwise obtaining an adequate remedy at law. In addition, Breeder maintains the right to immediately recover possession of Guardian Home Dog from Guardian.

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Spaying Guardian Home Dog

    Liquidated Damages If Guardian spays Guardian Home Dog without the knowledge and written consent of Breeder, Guardian agrees to pay Breeder in liquidated damages and not a penalty the sum of TWENTY THOUSAND DOLLARS ($20,000). This fee is a genuine estimate of damages that would be incurred by the Breeder if Guardian Home Dog can no longer be bred and the loss of lineage in Breeder’s program, which cannot be replaced. This fee is reasonable in light of the harm that will be caused by the loss of the ability to breed the Guardian Home Dog, the difficulty in proving the extent of monetary loss, and the inconvenience of otherwise obtaining an adequate remedy at law.

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Unfit for Breeding

    If a Guardian Home Dog is deemed unfit for breeding by a veterinarian due to health issues, that professional opinion must be confirmed by a second veterinarian of Breeder’s choice. Upon the confirmation of diagnosis and with Breeder’s agreement, the Guardian Home Dog shall be spayed and this Agreement will be satisfied.

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Accidental Breeding

Any accidental breeding must be reported to Breeder within 24 hours. Guardian acknowledges that Breeder operates a business, and any accidental breeding will cause significant harm to Breeder’s business. Guardian agrees to pay Breeder in liquidated damages and not a penalty, a fee of FIVE THOUSAND DOLLARS ($5,000.00) for any failure to report an accidental breeding within 24 hours. This fee is a genuine estimate of damages that may be incurred by Breeder for not having an opportunity to take action after accidental breeding. The fee is reasonable in light of the harm that will be caused by the accidental breeding, the difficulty of proving the extent of monetary loss, and the inconvenience of otherwise obtaining an adequate remedy at law.

All puppies from any accidental breeding are the Property of Breeder and will be placed in homes by Breeder.

Any accidental breeding does not constitute a Contracted Litter and the Guardian will not be compensated; however, puppies from an accidental breeding must be cared for with the same diligence and respect as puppies from contracted litters in accordance with the terms of this Agreement. All puppies from accidental litter are the financial responsibility of the Guardian.

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Termination by Breeder

    Breeder may terminate this Agreement without further notice upon Guardian’s material breach of any term of this Agreement. Upon termination, a Breeder representative may recover possession of the Guardian Home Female for immediate re-homing with no compensation to the Guardian. Nothing in this section precludes Breeder from collecting any liquidated damages due in accordance with any other section of this Agreement. The Guardian agrees to feed Guardian Dog Female/Male

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Termination by Death of a Canine

    Death of a Canine by Preventable Causes:

If Guardian Home Female dies from a preventable cause, including a preventable accident, Guardian agrees to pay Breeder in liquidated damages and not a penalty the fee of FIVE THOUSAND DOLLARS ($5,000), which is the genuine estimated value of the Guardian Home Dog at the time of this agreement. This fee is reasonable in light of the harm that will be caused by the loss of the Guardian Home Dog to Breeder’s program, the difficulty in proving the extent of monetary loss, and the inconvenience of otherwise obtaining an adequate remedy at law. Other causes of death or natural disasters must be certified by two veterinarians, the veterinary cost of which is the responsibility of the Guardian. In the event two veterinarians certify that the death was not preventable or constituted an act of God, Guardian will be released from any financial liability to Breeder. As such, veterinarian certification of cause of death is required until this agreement is satisfied.

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    Death of a Canine while in Breeder’s possession

Notwithstanding the foregoing, if Guardian Home Female dies while in Breeder’s possession or during pup birthing activity, Breeder will replace the female Guardian home dog with another of equal quality. 

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Termination by Guardian

    Guardian may terminate agreement in writing subject to the foregoing provisions. Upon termination, Guardian must return Guardian Home Dog to Breeder within three (3) days. Any liquidated damages in accordance with this agreement are due to Breeder immediately upon providing notice.

Change of Guardian Home Circumstances Should Guardian’s circumstances change so Guardian is unable to keep the Guardian Home Dog, the Guardian Home Dog must be returned to Breeder (KHD). Any compensation due to Guardian will be withheld until after the Guardian Home Dog is rehomed and after rehoming expenses are deducted, including but not limited to advertising and travel expenses.

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Miscellaneous

    Integration This Agreement and the other Transaction Documents constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all other prior agreements and understandings, both written and oral, between the Parties or any of them with respect to the subject matter hereof and thereof.

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    Severability If any provision of this Guardian Home Agreement is determined by a Wise County, TX Court to be unenforceable to any extent, the rest of that provision and of this Agreement will remain enforceable to the fullest extent permitted by law.

Binding Effect Except as otherwise provided in this Agreement, every covenant, term, and provision of this Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, legatees, legal representatives, successors, transferees, and assigns.

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Governing Law

    The laws of the State of Texas shall govern the validity of this Agreement, without giving effect to its conflicts of law’s provisions, the construction of its terms, and the interpretation of the rights and duties of the parties hereto.

Submission to Jurisdiction Waivers the Breeder and Guardian agree that disputes arising out of or relating to this Agreement shall be brought exclusively in the Courts of the State of Texas. The Seller and Purchaser consent and submit to jurisdiction in such courts and waive all rights to trial by jury.

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    Enforcement In the event either party shall seek enforcement of any covenant, warranty or other term or provision of this Agreement or seek to recover damages for the breach thereof, the party which prevails in such proceedings shall be entitled to recover reasonable attorneys’ fees and expenses actually incurred by it in connection therewith.

Amendments Any amendments to this Agreement may only be made in writing signed by all the parties hereto.

IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed as of the Effective Date.

BREEDER OF KAMMERHUNDE DANES (Randi Garrett)

____________________________

Signature of Guardian___________________________________________________________________

Name of Dog:

Litter Name: ______________________

New Call Name: _____________________________

Address of Guardian____________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Date: ____________________________________