Sample Ownership Agreement

No Chinook of any age leaves Rain Mountain for another home be it with friends, family, or strangers without an ownership agreement.  Below is just a sample of a typical agreement.  Each one is different to reflect the exact situation:  Is it a pet or a potential show/breeding placement?  Is it a young pup or older adult?  What is the family situation of the new owner?

This agreement is here solely so you can see roughly what would be included.  If you have any questions as to why something is included or why something is not, fell free to ask.  I'm not a lawyer by any means though this has been reviewed by more than one lawyer to ensure that it is a legal and binding document.  By the time we get as far as executing an agreement like this for a specific Chinook. we will know each other well and have reviewed every clause in detail.

Identification

GENERAL TERMS

In our efforts to revive an endangered breed, the welfare of this Chinook and the Chinook breed as a whole are of primary importance.  Consequently, the intent of this agreement is to ensure placement of this Chinook in a stable, stimulating, lifetime home, and to discourage its indiscriminate breeding.  The Breeder/Seller (Ginger Corley, Rain Mountain Chinooks, henceforth known as the Seller) and Buyer (John or Jane Doe) assume this responsibility during the puppy's entire life.  The Buyer agrees that if for any reason this Chinook cannot be maintained adequately and remain a member of his or her immediate family, ownership of it reverts back to the Seller and it will be immediately returned.

This agreement is designed to protect the Buyers as well as the Seller.  All the terms herein have been discussed and agreed to.  Terms have been modified as needed to reflect the specific situation of John or Jane Doe, his or her home and family.  The Seller is required to provide reasonable support to John and Jane Doe as they raise the Chinook identified above.  The Seller has provided basic information to the Buyer that will get the Chinook started right in the new home and with a new veterinarian.  The Seller will make herself available to the Buyer as needed via phone and email to answer all questions especially during the first weeks the Chinook is in its new home.

• Receives ample high quality food, fresh water, and exercise appropriate for its age and working conditions;
• Is provided a safe day-to-day environment as part of the family home and is confined at all times it is not supervised;
• Will not be tied or chained on an on-going basis nor will it be confined to a kennel on an on-going basis as its primary residence;
• Is provided ample space and opportunity to expend excess energy;
  
• Is maintained at an appropriate temperature (i.e., not exposed to excessive heat without cooling or shelter nor to excessive cold without shelter);
• Maintains a weight appropriate for maximum life span (i.e., neither too thin nor too heavy);
• Is not allowed to run free without supervision and control;
• Is not allowed to become aggressive or a public nuisance nor allowed to chase livestock or wildlife;
• Receives routine preventative and necessary emergency veterinary care including, but not limited to an annual physical examination, screening for parasites, vaccinations, other treatment necessary due to local conditions (such as preventative care for heartworm or vaccination against Lyme disease), and rabies vaccinations as required by state law;
• Receives an adequate level of training;
• And Is permanently identified with either a tattoo or microchip. DNA profiling is also encouraged.

The Buyer agrees to maintain membership in the Chinook Owners Association for the lifetime of the dog.

The Chinook is to be in the possession of and reside with the Buyer except when it is in the custody of a handler/trainer, responsible house sitter, or safely boarded in an accredited boarding kennel. If the Buyer is local to the Seller, the Seller may be able to care for the Chinook when the Buyer travels and the Buyer will give the Seller this option.

The Chinook is guaranteed to be of good temperament at the time of sale and has been well socialized to household noises, other dogs, children, and other environmental influences present in the normal home.  The Buyer agrees to continue socialization with the Chinook to maintain its temperament throughout its lifetime.  The Seller will at no time be held liable for any actions of the dog while it is in possession of the Buyer.

Should the dog be mistreated or neglected, the Seller has the right to repossess the dog and the Buyer will assume all associated costs.  Mistreatment/neglect will be defined as but not limited to:

• Dog not having adequate food and water;
• Dog being exposed to excessive heat without shelter or cooling;
• Dog not being kept current on vaccines and worming according to local requirements;
• Dog not having adequate shelter or unsanitary living conditions;
• Dog being kept on a chain or rope;
• Dog being transported unsecured in the open back of a truck;
• Dog being permitted to run at large;
• Dog being permitted to chase livestock or wildlife;
• Dog being used to threaten or bite people or animals;
• Dog found to be physically abused by a member of the household;
• Any situation where the dog's health is placed at unreasonable risk.

The Buyer will take the dog through appropriate training classes including:

• Basic Obedience or an equivalent class (at approximately three to six months of age for pups and within the first three months of possession for an adult)
• At least one further obedience class between ages one and two for a pup and within a year of possession for an adult.

Further training classes are strongly encouraged.  As incentive for further training and competition, the Seller will offer the following rebates on the purchase price of the dog, each payable within 30 days of receipt of certification of the accomplishment.

• $25 for AKC Canine Good Citizen
• $50 for AKC or UKC Companion Dog title
• $75 for AKC or UKC Companion Dog Excellent
• $100 for any title in Obedience beyond the CDX level such as Utility Dog or Obedience Trial Champion
• $50 for AKC Rally Novice
• $75 for AKC Rally Advanced
• $100 for any title in Rally beyond Rally Advanced
• $50 for UKC Weight Pull title
• $75 for each UKC Weight Pull Title beyond UWP
• $50 for any title in AKC or UKC Agility (limited to a one-time payment for the first AKC and one-time payment for the first UKC Agility titles)
• $25 for AHBA HIC title
• $50 for AHBA HCT title

• $50 for UKC Champion title
• $100 for UKC Grand Champion title
• $25 for each year that the dog is listed in UKC Top Ten at the end of the calendar year

The Buyer has paid the Seller the full purchase price of $XXX.00 in cash or cashier's check. Within thirty days of the date of receipt of the Chinook, the Buyer may return the dog in good condition for any reason and receive a full refund.

This Chinook is eligible for purebred registration by the United Kennel Club; however, registration does not assure health or quality of the animal.  Permanent UKC registration is in process and co-ownership will be transferred to the Buyer reflecting Jane Doe and Ginger Corley as co-owners (the United Kennel Club will only allow two names on the UKC registration and one name will be that of the Seller).  This agreement however, reflects actual ownership to be John and Jane Doe.  Co ownership by Ginger Corley of Rain Mountain Chinooks will be maintained until:

1. If this is a pet quality pup, the pup has been spayed or neutered as agreed between John Doe, Jane Doe, and Ginger Corley and proof of such spay/neuter provided to the Seller.
2. If this is a breeding/show potential pup, until the dog is either determined NOT to be breeding/show quality and is spayed or neutered as described in Number 1 above or the terms of any breeding rights agreed to in this document are fulfilled.

The co ownership of Ginger Corley is primarily in place both to protect the dog and the integrity of the Rain Mountain bloodline and breeding program and more importantly, to designate the role of mentor to Ginger Corley of Rain Mountain Chinooks.

The Chinook is eligible for recording with the American Kennel Club Foundation Stock Service however this is only a recording, not a registration. At this time, the United Kennel Club is the only registry for the Chinook breed. Chinooks are eligible to compete only in AKC obedience, tracking, and agility competitions.  They are not eligible for AKC conformation shows and the American Kennel Club has not yet determined a timeline for this.  It is presumed to be sometime between five and ten years until the Chinook will be eligible for the Miscellaneous Group in AKC and incorporation into the Working Group will follow a number of years in Miscellaneous. Should the Buyer decide to list this dog with AKC FSS, the Seller agrees to sign such paperwork provided the paperwork reflects the exact same ownership and registered name as the UKC registration papers.

The kennel name of “Rain Mountain” will be maintained on the Chinook throughout its life. At no time will the name be changed on UKC registration, AKC FSS listing, or any other document to remove the Rain Mountain kennel name.

The Buyer is not allowed to transfer ownership in whole or part to anyone else without written permission of the Seller and complete prescreening of the new owner by the Seller.  Upon the death or complete incapacitation of the Buyer, the dog will be returned to the Seller unless the dog can remain with other members of the immediate family of Jane Doe.  Should the dog ever be turned over to a pound, humane organization, or other facility without the express written permission of the Seller, the Buyer will be assessed a penalty of $500.00 payable within 30 days of such an event.  The dog also will not be turned over to Chinook Rescue of any Chinook club nor to any purebred dog rescue organization either.  Doing so will also include a penalty of $500 to the Buyer should they do this without first giving the Seller the option to take the dog back. Rain Mountain strives to be an ethical Chinook breeding kennel and taking in all Rain Mountain Chinooks throughout their entire lives is the hallmark of a responsible and ethical breeder.

The Seller warrants and agrees that she is the lawful owner of this dog, that the dog is free of all encumbrances, that she has the right to sell the same, and that she will warrant and defend title to this dog from all lawful claims.

This Chinook is guaranteed for two years from the time of sale to be free of any hereditary or congenital defect that will cause the dog to die, or any condition that will shorten its life or will require constant treatment during its life.  If in the written opinion of two qualified veterinarians such a defect or condition is discovered, the Buyer may elect to receive a Chinook of equal value from a future litter produced by Rain Mountain.  The Buyer assumes cost of these opinions.  This guarantee applies only to hereditary defects.  It does not apply if the dog has been injured, been kept tied out, has been improperly fed (over ten pounds over optimum weight or substantially underweight), or has been mistreated in any way.

Annually, and within one week of any unusual or significant change in the dog's health, the Buyer will report the health of the dog to the Seller. In addition, upon the dog's death, the Buyer will report the cause of death.

Health records (Addendum A) including puppy shots, worming, and miscellaneous treatments or conditions have been supplied to the Buyer at the time the Chinook is transferred.  Additional information on the puppy's food and daily routine has also been provided in Addendum A.  The Buyer agrees to consult the Seller should s/he have any questions on health issues and day-to-day care.

The Buyer will have the puppy examined by his/her veterinarian within two weeks of transfer of ownership. A veterinarian last examined this puppy on ________________.  It has no known health defects.  The following health conditions have occurred in the Chinook breed and are understood by the Buyer.  The Seller has used every caution to prevent these problems from occurring in this dog but some are impossible to screen for with complete certainty.

• Eye abnormalities
• Hip dysplasia
• Cryptorchidism
• Seizures
• Allergies

The Seller has provided the Buyer with a separate Addendum (Addendum B) that details out the specific genetic health concerns of the three generations behind this pup to the best of her knowledge.   This information has been discussed thoroughly and is understood by the Buyer. 

Should any condition arise where the Buyer feels the Chinook described here does not meet the basic warranty provided in this document, the Buyer and Seller agree to discuss and if necessary, mediate any disagreement.  The Seller will be liable for the full purchase price of the pup only within the first thirty days after the date of this agreement.  After such a time, the Buyer may elect to return the pup to the Seller in exchange for a Chinook from a future Rain Mountain litter; no money will be exchanged if the Chinook is returned for a different Chinook after the first month.  They Buyer and Seller have had extensive discussions prior to the date of this agreement and both feel comfortable that this warranty is acceptable.

This Chinook has been classified as:

• Pet Quality     (Buyer initial here) _____ (Seller initial here) _____
• Breeding/Show Potential     (Buyer initial here) _____ (Seller initial here) _____

Please refer to the appropriate section below for the terms of each classification:

The Chinook is being designated as “pet quality” and will be spayed/neutered between the age of eight months and one year. Research has shown that this is the optimum age to spay or neuter as it allows the Chinook's growth plates to fully close before the effect of its natural hormones are removed.  Female Chinooks will tend to go into season at roughly 10 to 14 months of age so this allows for the Chinook to be spayed prior to its first season. The Seller will be notified when the dog is spayed/neutered.

The Buyer agrees to acquire, at his/her expense OFA and CERF evaluations of the Chinook and submit proof to the Seller when the dog reaches two years of age even though the dog is spayed/neutered.  The data this will provide is valuable for the Seller since the health of the whole litter is taken into consideration when one of them is bred.

• Pass the OFA and CERF evaluations (OFA of Excellent, Good, or Fair and CERF of Normal);
• Receive a show championship (or positive evaluations by at least three reputable sources if showing is not possible);
• Have a good temperament;
  
• Have sound conformation meeting the standard for the UKC Chinook; and
  
• Display the instinct to pull since this is the traditional purpose of the Chinook breed.

{Note:  The Specific terms of breeding rights will vary greatly from one pup to another even when the pups are from the same litter, depending on the new owner, their location, and his/her specific situation so the following are only an example of typical terms.}

• All stud services will be at the mutual agreement of the Buyer and Seller and will keep in perspective the balance of maintaining genetic diversity of the breed while still striving to increase the population of healthy and happy Chinooks.  The betterment of the Chinook breed will be our primary concern in all decision making.
• The first breeding will be attempted prior to the dog turning five years old.
  
• The Seller will be able to use the dog named here at stud with females owned or co owned by Rain Mountain Chinooks twice per year without paying a stud fee.  In addition, on one occasion the Seller will be allowed to present a female not owned by Rain Mountain Chinooks for stud service and keep any stud fee.  Rain Mountain Chinooks will cover any and all expenses associated with these stud services.
  
• The Buyer will obtain approval of the Seller prior to using the dog at stud with other Chinook or Chinook Cross bitches. The Seller will research the pedigree and provide the Buyer with information on the suitability of such breeding and will work with the Buyer to determine if such breeding is for the betterment of the Chinook breed.  The Seller is very willing to assist with any pedigree research and may offer suggestions as to suitable mates.
• All other stud fees, either in cash or “puppy back” will be negotiated between the Seller and Buyer. What is best for the Chinook breed will be kept as the primary concern and we (the buyer and Seller together) will work to assist other new breeders getting started in their breeding programs as well.
• The Seller will be supplied with contact information for all puppies produced from any breeding.  This will allow the Seller to track health problems and qualities of the resulting pups and provide valuable information for making further breeding decisions with other related Chinooks.
• When the dog's stud career is completed, it will be neutered and proof of neutering provided to the Seller. The Buyer will ensure that the dog is not bred so often that its genes come to dominate the gene pool on a local, regional, or national basis.

{Note:  Just as with male pups, the specific terms of breeding rights will vary greatly from one female to another even when they are from the same litter, depending on the new owner, her/his location, and his/her specific situation. The following are only an example.}

The goal of this section is to both assist the Buyer in establishing her/himself as a Chinook breeder and to maintain the integrity of the Rain Mountain bloodline. At all times the parties will keep the greater welfare of the Chinook breed as the primary focus. The Buyer is strongly encouraged to educate him/herself in sound breeding practices; the Breeder will assist as much as possible.

• All litters bred will be at the mutual agreement of the Buyer and Seller and will keep in perspective the balance of maintaining genetic diversity of the breed while still striving to increase the population of healthy and happy Chinooks.  The betterment of the Chinook breed will be our primary concern in all decision making.
• Breeder and Buyers must agree on the sire used for each breeding. Frequently the Breeder will be able to recommend a specific stud and may be able to provide stud service at a reduced or no charge
• Buyers understand that standard protocol is that the bitch travels to the stud for any natural breedings. This may require the Chinook to travel with or without the Buyer but any travel will be with the Buyer's full understanding and consent
• Any litter can be registered under a kennel name selected by the Buyer. If the Buyer chooses not to establish his/her own kennel name, the litter will be registered under the Rain Mountain kennel name.
• Breeder or Breeder's Assignee is entitled to one puppy back from each of the first and second litters. A litter is defined as three pups living to eight weeks of age. The Breeder has the right to pick her puppy after the Buyer has selected his/her pick (i.e., the Seller would take a second pick pup). If the Buyes will not keep a pup his/herself as a member of their family, the Breeder will have first pick.  If necessary, this will be brought to the attention of and negotiated with the owner of any stud dog used.  The Seller or her appointed representative will choose her pup when the litter is six weeks to eight weeks old.  If there are insufficient pups or a lack of quality, the Seller may elect to wait until a second litter and would then only receive one pup back in total rather than two, unless the Chinook produces a third litter.
• Should the bitch be purposely bred without the Breeders permission, a penalty of $500.00 and 25% of the sale price of any resulting pups or $1,000, whichever is greater, will be payable to the Breeder within 30 days of a whelping and before any litter registration is signed.
• A first breeding will be attempted prior to the Chinook turning five years old and the bitch will not be bred after age seven. When the bitch reaches age seven, she will be spayed and proof of spay sent to the Seller.
• No puppies resulting from any breeding will under any circumstances be sold through a commercial store and the Buyer will use care in determining placement of said pups in loving family homes. No pups will be sold at auction or to a puppy mill. All puppy buyers will be required to sign an ownership agreement with similar terms to this agreement and a copy of the agreement will be provided to the Seller.

The Buyer agrees that the Seller will be kept informed as to the condition of this Chinook throughout its lifetime. Though it may or may not become part of any breeding program, the health of this dog will have an impact on the breeding decisions of other dogs related to it. Updates will include occasional emails or phone calls and photos at least once per year.

Should there be any disagreement based on this document, the Buyer and Seller will first attempt to negotiate and mediate. The parties to this contract will choose a mediator from within the membership of the Chinook Owners Association by mutual agreement.  Should any legal action be required, the parties agree that it would be handled in King County, Washington.

Buyer acknowledges that breeders liability can never exceed what is expressed in this guarantee and agreement and is limited to physical replacement of puppies/dogs.

We have entered into this agreement with the best of intentions and will hold to the terms outlined here with good intention also.  If any wording is later found to be ambiguous, the original intention will be applied.  We have read, understood, and will abide by the terms of the above agreement.

If you made it this far without falling asleep, I'm impressed.  Hopefully you have not been scared away either.  I continue to stress that the agreement we sign with every Chinook is designed to protect both the buyer and seller equally and even more important, the Chinook breed.  I hope you can see the good intentions with which it was written.