Guardian Dog Agreement

TERMS OF GUARDIAN AGREEMENT:
This is a legal binding agreement between __________________(see details below) and (Debra Zierler, Tiffany Zierler, Stacia Rosas or Heather Enigl) (Breeders of Harvestime Kennel), hereafter also referred to as the Breeder. It outlines the terms of guardianship for this dog.
Guardian Family:
Name:___________________________________________________________________________
Address:__________________________________________________________________________
City:_______________________________ State :______________  Zip: _________
Phone: Home__________________________  Cell:__________________________________
Email:______________________________________________________________________________
Emergency Contact Name and Relationship:_______________________________________________
Emergency phone and email:____________________________________________________________

Guardian Dog Information:
AKC Registered name:_________________________________________________________________
AKC#____________________________________ Microchip # _________________________________
Birth date __________________Gender :__________  Call name:_______________________________
Sire:_____________________________________________  Dam: ______________________________

Benefits of Guardianship:
The Guardian homes receives, at no cost, a pick-of-the litter pup with little wait time and the guidance of an experienced breeder/trainer.
The guardian dog will be fully tested at the breeder’s expense including Hip, Elbow, Heart, Eye and Genetic testing.
Guardian home will receive $500 for litters of five or more surviving pups, or $100 per pup if under 5 pups, for EVERY litter. A potential bonus of $2,500 in five litters!
After retirement, the Guardian dog is fully signed over to you at no cost.
Harvestime Kennel recognizes that guardian families play an integral part of our breeding program. It is a Win-Win situation for all.

Win= A Guardian family receives, at no cost, a pick of the litter pup, often without a long wait period.  They receive full ownership of the dog after it is done breeding, at no cost.
Depending on kennel location; they may also also receive ____ days free boarding per year, ____ grooming, the guidance of experienced breeders and trainers while in our breeding program. Dog may also trained in basic obedience by the breeder if guardian home opts not to formally train.  

Win= Harvestime kennel to has more time to care for our puppies, train our young dogs and have an un-crowded kennel.

Win= The dog gets to live its life with a loving family and get the one on one attention they love!

The dog will reside with the guardian family with the following considerations:
The dog will be kept as a family companion and be treated with love and care. She will live in the home and be treated well.
All expenses in maintaining the dog in good health will be the responsibility of the guardian family, including but not limited to, daily care, food, housing, veterinary care, training expenses, etc. The breeder assumes no financial responsibility for such expenses. It is suggested that guardian home purchase health insurance for the dog but is not required.
The guardian home agrees to keep all vaccinations current as directed by Breeder, as well as maintain medications to prevent heartworm, prevention of flea & tick infestation if needed, and immunity supplement (Heartguard and Frontline Gold Plus and NuVet).  Breeder can provide vaccinations (other than rabies), Heartguard, Frontline Gold Plus at their cost which is a substantial savings. Receipts are required for proof of Heartguard (approximately $120 per year). Breeder provides NuVet (approximate cost to breeder $200 per year).
In order to keep veterinary care transparent and efficient, guardian home will use _________________________________ (specified by guardianship kennel ) (Great Lakes Veterinary Clinic in Neenah for Fox Valley kennel) general care.  
The guardian home agrees to keep the dog in a safe place under their watch and control. The guardian family will not let the dog run free and unattended unless in a fenced yard while exercising the dog. Dog will be on leash on walks or in public.
Any person or property damaged by the dog is the full liability and financial responsibility of the family caring for the dog at the time the damage occurred- applies to both guardian and breeder.
Harvestime Kennel reserves the right to advertise and promote the dog as their own.
Nutrition, Feeding and Weight management:
The guardian family agrees to keep the dog in a healthy condition and weight, providing adequate exercise and nutrition. The family agrees to follow the Rhonda Hovan Slow Growth plan and provide a copy of the chart to breeder every two weeks for the first 6 months to ensure pup is growing properly. The dog should never be overweight and should maintain an hour-glass figure with ribs easily felt.
If dog is deemed overweight, and guardian home disregards warnings, the dog will be removed from the home with no compensation given to the guardian family.
The guardian family agrees to feed the dog ONLY the food agreed upon by the breeder and will provide receipts if requested. Breeder will supply the NuVet supplement at no cost. Many pet foods contain ingredients that negatively affect fertility. Under no circumstances should the dog be fed any other food or supplement unless given written permission of the Breeder. Fish oil supplement is suggested but not required.
The guardian family agrees not to provide bones, table scraps, or any animal products such as rawhides, bully sticks, pigs ears etc. Treats should be limited to use as training aids.
The guardian family agrees not to give the dog any food, treats or supplements except for what is outlined above.
Breeding Conditions:
The dog will be kept intact and made available for the breeders at their request. The breeder will be notified immediately as soon as the dog shows any signs of heat. Dog will immediately go to the breeders and will remain there about 2 ½ weeks until dog has passed the breeding stage.
If dog has been bred, breeder will provide all food, supplements, and instructions on care for the dog for the next 6 weeks. Dog will return to the breeders about one week prior to whelping. Gestation is 63 days. Note that dogs lose a considerable amount of hair about 8-11 weeks after whelping.
Reproductive veterinarians, and studies, agree that back- to back breedings are in the dogs’ best interest.  We typically breed 4 or 5 litters back-to-back at breeders’ discretion. We do not breed more than 5 litters. A missed pregnancy does not count as a litter.
Breeder will pay for all costs for veterinary clearances they deem necessary prior to breeding (Hip, Elbow, Heart, yearly Eye clearances as well as any genetic testing) and reserve the right to have these tests performed at the veterinarian of their choice. Breeder will transport dog to such clinics.  
Breeder will pay for all costs involved in breeding the dog (progesterone tests, surgical insemination, stud fees). Breeder will pay for any surgery related to breeding (spay for pyometra or c-sections)
$500 compensation is paid for 5 or more surviving pups from EVERY litter to the guardian home. $100 per surviving pup if 4 or less. No other compensation for the use of this dog will be given. Any and all resulting puppies produced will be the sole property of Harvestime Kennel.
If five litters are born to this dog, breeder will pay for the spay. If there are four or less litters, the guardian home pays for the spay. A missed breeding is not considered a litter. Once breeding is finished, full ownership of the dog will be given to the guardian home at no cost. Dog cannot be bred by the guardian family and must be spayed within 3 weeks of receiving full ownership.
Any breeding decisions are the sole discretion of the breeder.
Other Considerations:
If for any reason the guardian family feels that they cannot care for the dog, it is agreed that the dog would be returned to the ownership and care of the breeder or their heirs with no financial compensation to either party. The guardian family cannot transfer guardianship to another party.
If breeder becomes incapacitated, or dies, while dog is still in the breeding program, ownership will be transferred to other family members involved in breeding with all rights reserved as the original contract.  Dog will not be removed from the guardian home.
Both parties agree to notify the other as to any changes in physical location, mailing address, phone number and email address in advance of taking place if possible. Dogs must remain within a 50 mile radius of the kennel.
Harvestime Kennel retains the right to remove the dog from the guardian home for any reason in extenuating circumstances (criminal activity, noncompliance, abuse, etc)
The ownership of this dog will remain with Harvestime Kennel until all litters are fulfilled or breeder decides to retire the dog.
Varies with kennel location: Breeder will board dog at no cost up to __ days per year. After __ days, boarding costs are $10 per night.
Breeder will groom dog at ____ cost. At a minimum, dog should be groomed at least every 3 months and nails trimmed at least every 6 weeks.
Illness, Injury or Death:
This agreement is entered into with mutual trust of the parties involved. All parties agree to exercise common sense and care in keeping the dog safe and healthy while she is in their care.  With this basic premise understood, these parties agree to hold one another harmless in the event that an unforeseen accident or event would occur resulting in the loss of the dog, such as an act of God.
While in the guardian’s care, the guardian is responsible for seeking prompt and appropriate veterinary care in the event of injury or illness of the dog. Notify the Breeder for guidance on these decisions, prior to making an appointment.
In ALL situations, breeder is to be consulted prior to decisions for euthanasia.
If choices need to be made regarding the type of veterinary treatment, these choices must be presented to and made by the breeder unless emergency treatment is required. Guardian must act with due diligence in emergency situations and notify the breeder at the earliest opportunity.
In the case of death of the dog, the guardian family must provide documentation from a licensed Veterinarian stating the cause of death.
The guardian family agrees that if the dog dies due to negligence on the part of the guardian, the guardian must reimburse the breeder the cost of what a pup from this litter would have been, within 6 months from the date of the dog’s death.  Negligence includes, but is not limited to, failure to contain or supervise the dog in a responsible manner, failure to treat a gastrointestinal  obstruction,  leaving the dog in a vehicle resulting on heat stroke, failure to prevent the dog from having access to a toxic substance, failure to provide a safe means of containment when in a vehicle (dog should never be allowed to ride in the bed of a truck or have entire head out of the car window), leaving the dog in the care of a person who does not provide adequate care for the dog, allowing the dog to run loose where it can be struck by a vehicle and not getting timely medical care when pet is critically ill.
If the dog dies while in the breeder’s possession, no compensation will be given to ether party. It is understood that this dog is a member of both the breeder’s and the guardian’s family and the loss of the dog will be challenging for both.
Should an illness, C-section, breeding complication, arise while the dog is in possession of the breeder, the breeder is responsible for all costs and the guardian family will be notified. If estimated costs exceed $5000 the breeder has the option to decide care options.
Showing and Training:
The guardian home agrees to teach the dog basic manners and provide an environment that encourages good behavior of the dog. The breeders allow the guardian family the opportunity to compete with the dog in any AKC venue they chose. The breeder recognizes that showing and training can be a wonderful experience and enhance the dog-owner relationship in doing so and encourage the guardian families to consider taking classes with their dog. Breeder will refund up to $200 in obedience class fees that guardian family takes. Receipt required with at least 80% attendance.
The following payment will be made for titles the guardian family earns on the dog:  Rally Novice (RN) $100, Trick Dog Intermediate (TKI) $100, Canine Good Citizen (CGC) $50, Junior Hunter or Working Class Hunting (JH, WC) $250, Companion Dog (CD) $250, Therapy Dog (ThD) $250. Compensation for other titles should be agreed upon before earning the title. Costs of entries and other costs involved are the responsibility of the initiating party.
If the guardian home elects not to earn any recognized titles on their dog, they agree to allow the breeder to train and compete with the dog at breeder’s convenience and expense.
Election not to Breed:
Should Harvestime Kennel determine that the dog is not suitable for breeding for any reason (for instance if the dog does not pass a health clearance they deem necessary for breeding and/or they feel the dog is not suitable for any other reason at their discretion), they reserve the option of foregoing breeding the dog. In this case, they would sign off as owners and give the dog, at no cost, to the guardian family. The guardian family would need to have dog spayed, within 3 weeks of surrender, at their expense.
Legal Disclaimer:
If any provision of this contract is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect.
All legal questions or disputes regarding this contract will be governed by laws of WI. Both parties agree that venue will be limited to the courts of ____ County.
This Agreement shall be interpreted and enforced in accordance between the parties and that no promise, inducement or agreement, not herein expressed has been made, and that this Agreement contains the entire agreement between the parties hereto, and that the terms of this agreement are contractual and not merely recital.
This Agreement shall not be amended, modified and or altered except in writing by the party to be bound thereby.
This Agreement shall be construed as if all parties jointly prepared this agreement, and any uncertainty or ambiguity shall not be interpreted against any one party.
Breach of Contract:
Should the guardian home fail to meet the terms of this agreement by refusing to make this dog available to breeder for obtaining health clearances or training, or by failing to facilitate the breeding of this dog with timely notice of dog in season, per terms of the contract, the dog will be removed from the guardian home with no compensation. Should the guardian home spay the dog without breeders’ consent, the guardian home is penalized $5000 plus all expenses the breeder has incurred on said dog.
The guardian home agrees that dog will continue to be well treated, kept current on vaccinations and maintain a healthy weight even after ownership is given to them after breeding is completed or dog will be removed from the home.
Signatures:
By signing below, I acknowledge that I have both ready and agree to the conditions set forth in this contract.
Guardian:_____________________________________________   date___________
______________________________________________________  date _______________

Harvestime Kennel:
_____________________________________________________  date____________