This Agreement Is Between
Kevin E. James
Herewith Referred To As Seller

AND

Name:________________________________________________________________________

Address1:_____________________________________________________________________

_____________________________________________________________________________

______________________________________________________________________________

Telephone:_____________________________Email:_________________________________

Herewith Referred To As Buyer

Seller and Buyer agree as follows:

1.Description of Dog:
The dog sold pursuant to the terms of this agreement is as follows:

Breed: Great Dane Sex:________ Color:_____________

Whelp Date:___________________

Microchip/Tattoo#:____________________________________________________________

Sire & Reg.#______________________________________________________________________

Dam & Reg.#_____________________________________________________________________

And Is Herein Referred To As Puppy


2. LIMITATIONS OF CONTRACT:

This contract applies to the original puppy and original buyer ONLY and is non transferable to a second party except as pertaining in paragraph 10b. No replacement puppy will be given if Puppy has been bred, neutered, or spayed outside the limitations of this contract. Buyer is responsible for transportation costs to and from KJ Danes for original and/or replacement puppy.

3. SELLER’S REPRESENTATION

_______a) As of the date of this agreement, Puppy is in good health and free of communicable diseases and parasites.

_______b) The Buyer has 3 days (72 hours) in which to have Puppy examined by a licensed veterinarian of his or her choice, and to personally examine Puppy.
Buyer may return Puppy to Seller for a full refund for any reason within this period. Buyer agrees to pay all return transportation to KJ Danes.

4. BUYER’S REPRESENTATION

______a) Buyer is completely satisfied with and waives any and all claims regarding the Puppy’s conformation and outward appearance (meaning the puppy meets what is expected as noted in the breed standard for this age.)

______b)Buyer agrees upon purchase that Puppy will be registered with a name with the KJ Danes prefix (for litter identification purposes).

5. CONSIDERATIONS

_______a) Puppy, identified in Section 1, is being sold for the sum of $_________________
to be paid in full at time of pick up or prior to shipment of Puppy.

______ b) This puppy is sold as COMPANION/ PET OR SHOW POTENTIAL

______ c) This puppy IS OR IS NOT being sold on a spay/neuter contract

______ d) This Show Potential puppy is being sold on a co-ownership basis to allow sellers name to remain on dog until he is either bred by seller or collected from for seller.

______ e) This puppy is never to be registered with any group other than the AKC or
Canadian Kennel Club without express permission from SELLER.

6. STIPULATIONS

This Puppy has been sold as either a COMPANION-PET OR a SHOW POTENTIAL PUPPY at the breeder’s discretion.

______a) Buyer understands that as a Companion/Pet this puppy has been sold on a LIMITED AKC registration. Limited registrations preclude owner from registering any litters produced or sired by this Puppy at sexual maturity. Said registration does not entitle Buyer to show in AKC sanctioned conformation shows and events other than in AKC obedience competitions, which are not excluded, dogs on limited AKC registrations may compete.

______b) Buyer agrees to take all measures necessary to insure that this Great Dane is not bred, and does not have the opportunity to sire or deliver any litters other than through the seller with her permission.

7. HEALTH & TEMPERAMENT

_____a) Seller guarantees that Puppy is in good health and has received appropriate
timely medical care, including, a veterinary health exam, inoculations etc.

_____b) Seller guarantees that Puppy is free of life threatening diseases or disabilities
(i.e. Parvo) For 72 hours (3 days) after Buyer takes delivery of Puppy.
Buyer may return Puppy for a full refund for reason of illness during this
time period.
Buyer pays all transportation costs for Puppy’s return to KJ Danes.

_____c) Seller strongly recommends that Buyer attend obedience classes with Puppy
and provide proper socialization opportunities for Puppy. The goal is to raise a
CGC ~ Canine Good Citizen.

_____d) Seller shall not be held responsible for acts of Puppy after Puppy leaves
Seller’s premises.

_____e) Seller shall not be held responsible for the development of non-genetically
derived faults, diseases, or disorders after Puppy leaves Seller.

_____f) Should Puppy exhibit aggressive behavior which Buyer deems intolerable and
irreversible within 12 months of purchases, Buyer must provide Seller with proof
that Puppy has been sufficiently socialized and that obedience classes and/or
other structured training methods have been attempted with no positive results.

Upon receipt of such proof, evaluation of Puppy will be scheduled with 3 recognized
canine breeders or trainers, one chosen jointly, one by Seller and one by Buyer.
Should Puppy be deemed irreversibly aggressive by 2 of the 3, Buyer or Seller will
arrange for euthanasia of Puppy.

_____g) Seller will provide a replacement puppy within a year’s time, no refunds.

_____h) Should Puppy be diagnosed with a genetic medical disorder which is life threatening OR significantly reduces the quality of life of the Puppy, this condition having been attested to by 2 licensed veterinarians (un associated practices), Seller will, upon provision of veterinary verification, and where applicable, a University report, provide Buyer with one of the following options:

_____i) Should Buyer choose to keep Puppy, a replacement puppy will be offered after documentation of spay/neuter of original Puppy is given to Seller. If original Puppy has life threatening problems, the replacement shall be delivered after the original, affected Puppy has died.

_____j) Should Puppy be euthanized, Seller will have one year to provide a replacement puppy, and only after that time limit shall the Seller refund purchase price.

_____k) Should Buyer wish, for reasons other than the aforementioned, to return Puppy to Seller, there will be no refund until (providing Puppy is in good condition) Seller resells /re homes Puppy. If Seller cannot resell Puppy, then there will be no refund/replacement. Any and all costs to the Seller for the Puppy’s care and feeding during the time between accepting the Puppy back and its re home, will come out of the sale proceeds.

8. MAINTENANCE

_____a) Buyer agrees to maintain Puppy in good health, socialized and to provide routine preventative health care, including but not limited to the following:

-annual physical exams by a licensed veterinarian& appropriate vaccinations, parasite control and health screenings where applicable.

-proper exercise in order to maintain Puppy in proper weight and condition.

-proper socialization

-proper diet which maintains this Puppy in optimal condition

_____b) Buyer agrees not to begin strenuous exercise and physical training with Puppy.
example~ road work ~ jogging) until Puppy has reached a minimum age of one
year. This is to prevent damage to Puppy during formative growth stages.
Buyer acknowledges that failure to meet this requirement, invalidates Section 8.

_____c) During the life of Puppy, Buyer and Seller agree to notify each other within 30 days of any changes in address or phone numbers, or any other relative information.

_____d) Buyer agrees that Puppy is NEVER TO BE KEPT OUT OF DOORS
~ IN A BACKYARD ~ IN AN OUTDOOR KENNEL ~ TIED or CHAINED.
Time spent outside must be supervised --This is a giant breed and should be kept under control at all times.
_____e) Buyer agrees that the Puppy will be allowed to spend substantial quality time in the home with family members. Puppy is sold with the understanding that it is to go to a carefully selected party/parties and that the Buyer AVOWS that Puppy shall become a member of the family. This is to assure proper maintenance and development of temperament for which this animal was bred.

9) MISCELLANEOUS

_____a) If it is reported and confirmed that Puppy is being abused or neglected, BUYER rights and ownership of Puppy will automatically terminate and revert back to the Seller who may immediately assume possession of Puppy. Buyer agrees that Seller WILL AND CAN REPOSSESS PUPPY UPON EVIDENCE OF NEGLECT/ABUSE and that Buyer will be responsible to Seller’s fees and costs involved in repossession.

_____b) If at any time, circumstances are such that Buyer cannot keep Puppy, Buyer
grants Seller right of first refusal to take possession of Puppy.

_____c) Seller shall have five (5) working days after receipt of written offer to exercise this option. Transfer back to the Seller shall be accompanied by the appropriate AKC registration papers properly endorsed by the Buyer, along with medical information concerning Puppy.

_____d) In the event of an EMERGENCY, when circumstances require immediate relocation of Puppy, it can be returned to Seller immediately and Seller with thereafter handle the transfer as appropriate.

_____e) Buyer MAY NOT sell, give, or otherwise transfer Puppy without first giving Seller first right of refusal (10b). Under NO circumstances shall Puppy be taken to an animal shelter, humane society, or released to a rescue group. Puppy shall not be surrendered to any animal testing facility.

_____d) Should Buyer break any of the covenants of this agreement, the remainder of the Agreement will be considered null and void. Seller will have the right to repossess Puppy and Buyer will be liable to any costs incurred in that repossession. Also, if Puppy requires medical attention and treatment, all costs involved will be Buyer’s responsibility.

_____e) This contract is to be interpreted by the laws in the USA. If any provision of this document is invalid or unenforceable under applicable law, this document shall be ineffective to the extent of such validity only, without affecting the remaining portion.

_____f) Any surgeries performed on Puppy, including ear cropping, resulting in death or incapacitating condition, responsibility is solely that of Buyer and the Buyer alone.

_____g) Special Provisions: Breeder guarantees that from 7 days of receiving the puppy, (incubation period of Canine Parvo Virus)-- should it develop the virus, the Seller will share veterinary expenses with Buyer if the Buyer chooses to treat the dog instead of returning it to Seller.

10. LIQUIDATED DAMAGES:

_____a) Seller has endeavored for many years to protect the breed and KJ Danes from improper ownership and inappropriate treatment. If Buyer breaches Right of First Refusal (10b) or otherwise improperly surrenders Puppy to another person (10c) Buyer will pay liquidated damages to the Seller in the amount of $4,000.00

_____b) The reputation of the Seller’s kennel is the result of many years of work and professional experience and integrity. Inappropriate breeding of a bitch or dog of this kennel damages the reputation and value of KJ Danes. If Puppy has been sold as a pet/companion and is not to be bred, then the breeding of such an animal is considered intentional or negligent, which would be detrimental to the breed, Seller’s reputation.
Acknowledging the intrinsic value of Seller’s reputation and the difficulty of precise damage calculations for breach of contract, Buyer agrees to pay to Seller the sum of $2000.00 per puppy, dead or alive, born as a result of any breeding NOT authorized and condoned by Kevin E. James.

_____c) This Puppy is registered with the AKC ~ American Kennel Club, this is the only acceptable registration for any KJ Dane other than the Canadian Kennel Club or a Foreign Kennel club if the Puppy is sold out of this Country (USA).
If this Puppy is ever registered with a non acceptable group such as the Continental Kennel Club, this contract / agreement is null and void except where penalties for improperly registering a KJ Dane apply— see Liquidated damages.
Damages in the amount of ten thousand dollars ($10,000) will be due Kevin E. James, for any inappropriate registry of any KJ Dane. Under no circumstances are any KJ Danes to be dual registered without express permission from Kevin E. James.

Any and all legal actions will be processed in the State of Kevin E. James residence.

By Signing Below, Buyer(s) declare that they have read and understand and agree to the above stipulations.

SELLER’S SIGNATURE__________________________________________________________

BUYER’S SIGNATURE__________________________________________________________

BUYER‘S SIGNATURE__________________________________________________________


WITNESS _________________________________________ Date:______________