Modern Breeder

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Guardian Contract

Guardian Home Contract

Date
By and between the Breeder and the Guardian.
The Breeder:

Breeder Name

Street Address

Address line 2

City, State, and ZIP

Full Legal Name of the Guardian, Hereafter known as The Guardian:
Guardian Address:

Terms and Conditions

  1. Ownership and Custody:
    • The Breeder retains full ownership and breeding rights of the Dog and breeding decisions of the dog.
    • The Guardian is entrusted with the care, custody, and control of the Dog.
  2. Responsibilities of the Guardian:
    • Provide a safe, loving, and healthy home environment.
    • Ensure regular exercise, proper nutrition, and socialization.
    • Take the Dog to all scheduled veterinary appointments and follow prescribed medical treatments.
    • Keep the Dog groomed and well-maintained.
    • Notify the Breeder of any health issues or concerns immediately.
    • Guard the breeding interests of the breeders program.
    • Produce the dog to be bred and remain with the Breeder from heat until the puppies are weaned.
  3. Breeding Rights:
    • The Breeder has the right to breed the Dog back to back litters for a minimum of 4 litters starting on the 2nd heat.
    • The Guardian agrees to make the Dog available for breeding and any necessary veterinary appointments related to breeding. The Guardian will notify the Breeder immediately of any sign of heat.
  4. Veterinary Care and Expenses:
    • Routine veterinary care, including vaccinations, flea/tick prevention, and annual check-ups, will be the responsibility of the Guardian.
    • Breeding-related veterinary costs will be covered by the Breeder.
  5. Travel and Availability:
    • The Guardian agrees to make the Dog available for breeding purposes, including travel to the Breeder’s location or a designated veterinary clinic.
    • The Breeder will provide notice of any required travel at least 5 calendar days in advance.
  6. Compensation:
    • The Breeder shall pay the Guardian a fee equal to a minimum of 30% of the Net Proceeds of each litter. "Net Proceeds" means the total sales of each puppy sold minus any fees such as puppy kits, and refunds to buyers for initial problems after delivery such as worms, flight nanny tips, c-sections, etc. The fee is payment for the Guardian's services as an independent contractor; it is not a share of the Breeder's profits, and nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the Breeder and the Guardian. The Guardian has no ownership interest in the Dog, any litter, or the Breeder's business and no responsibility for the Breeder's debts or losses. All necessary expenses applied to the litter are at the will of the Breeder.
    • Payments will be made within 30 days of each puppy's sale.
    • If the puppy sold from the Guardian litter dies within 1 year and the Buyer of the puppy is refunded or the puppy is replaced by the Beeder, the Breeder can include the lost monies in the Guardian's next litter as an expense to recoup monies incurred by the death of one of the Guardians puppies.
  7. Duration of Agreement:
    • This Agreement shall remain in effect until the Dog has completed its breeding career (Usually 4 litters) as determined by the Breeder, whichever comes first.
  8. Termination of Agreement:
    • The Breeder reserves the right to terminate this Agreement if the Guardian fails to comply with the terms and conditions.
    • The Breeder reserves the right to terminate this Agreement and assert Custody Rights over the dog for any reason including but not limited to; the Guardian not providing adequate care, safety, reasonable communication, reasonable effort to notify the Breeder of heat cycles, and so on.
    • The Guardian may terminate this Agreement by providing 1 day's with acceptable notice being digital notice via text and/or call to the Guardian.
  9. Return of the Dog:
    • Upon termination of this Agreement, the Guardian agrees to return the Dog to the Breeder in good health and condition. Within 7 calendar days of text or phone call notification.
    • All papers, medical records, and any other documents related to the Dog must be returned to the Breeder.
  10. Breeding Soundness:
    • The Guardian agrees that the only Veterinary opinion that will be sought for a recommendation of breeding soundness is the veterinarian chosen from the breeder. Any recommendation or opinion from any other Veterinarian about the breeding capability or soundness of the dog listed in this Contract will not be heard, sought, or allowed, in determining whether or not the dog will or should be bred.
    • The Guardian will make the dog available to the Breeder for any Vet checks at the veterinarian chosen by the breeder if the Guardian calls into question the breeding capability and soundness of the dog in this Contract.
    • The Breeder will always have the ultimate right and control to breed the dog and breeding decisions.
  11. Whelping:
    • The Breeder will have the choice and flexibility to have the litter born in the care and home of the Breeder.
    • The Guardian can request or offer to have the litter born at their home, but they will not be compensated at any additional compensation for whelping or caring for a litter.
    • The Breeder can request the Guardian dog to be brought to the Breeders home 1 to weeks prior to the expected whelp date, and the dog returned to the Guardian after the puppies are weaned usually at the litter's age of 6 weeks. Travel arrangements will be the responsibility of the Guardian for delivery of the Guadian dog.
  12. Miscellaneous:
    • This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings.
    • Any amendments or modifications to this Agreement must be in writing and signed by both parties.
    • This Agreement shall be governed by and construed in accordance with the laws of the state of Utah.
  13. IN WITNESS WHEREOF, the parties hereto have executed this Guardian Home Contract as of the day and year first above written.