03/07/2024
Puppy Sharing Agreement - Philippine Setting
What is the traditional PUPPY SHARING AGREEMENT in the Philippines when the STUD owner is different from the DAM or BITCH owner?
What does the STUD owner expects and his obligations and the DAM owners obligations in return?
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PUPPY SHARING AGREEMENT really depends on the quality of the STUD and the conditions that will be SET by the STUD OWNER(stud owner has the right to set the agreement, has the right to refuse bi***es).
Here is the traditional and customary way of PUPPY SHARING in Philippine Setting:
I. While or during the mating or stud sessions:
a.) the stud owner's obligation during the stud sessions, usually there will be 3(three) sessions for studding. interval of one day per session or mating:
- while on stud service, the stud owner is obliged to shoulder the vitamins for the stud. vitamins or supplements such as Rogin-E, Korgivit-E, Balot, etc
- he should keep the stud dog NOT to be stressed during the stud session duration
- he should not let other dam or bitch in heat to be stud other than the agreed party
- if the bitch stays in the kennel of the stud owner for board and lodging; the stud owner should keep the stud and the bitch far from each other except during mating. the stud owner is obliged to take good care of the bitch while in the kennel.
b.) the bitch owner's obligation during the stud sessions:
- the bitch GOES to the kennel of the STUD and NOT the STUD goes to the kennel of the BITCH.
- the bitch owner shoulders the smear test cost; if the stud owner does require.
- the bitch owner shoulders the cost for the professional fee of the "Shooter", thus it is the bitch owner's choice or prerogative to choose any "Stud Shooter" he chooses.
- if the bitch stays in the kennel of the stud owner for board and lodging; the bitch owner shoulders the cost for FOOD consumption of the bitch. depends if the stud owner will ask or requires lodging fee; then the bitch owner will also shoulder such.
II. During the pregnancy of the bitch and whelping:
a.) responsibility and/or obligation of the stud owner:
- keep the bitch owner informed in any changes of address or contact information.
b.) responsibility and/or obligation of the bitch owner:
- bitch owner shoulders the cost of pre-natal like ultra sound cost. notify or inform the stud owner for ultra sound result. stud owner usually does not require this and bitch owner is not obliged to have the bitch ultra sound.
- keep the stud owner informed in any changes of address or contact information.
- when the bitch whelps or gives birth, informs the stud owner.
III. Post Whelping of the bitch and actual puppy sharing:
a.) the stud owner's rights and obligation:
- signs the LITTER REGISTRATION(PCCI, AKCUPI, UKC or what ever organization that handles it's pedigree registration).
- if there are 5 puppies or less, the stud owner gets the FIRST PICK or chooses 1(one) among his choice from the litters.
- if there are 6 puppies or more, the stud owner gets the FIRST PICK or chooses 1(one) among his choice from the litters and the BITCH OWNER's chooses 1(one) according to his choice. Thus; the stud owner gets 2(two) puppies in total. 1(one) from the choice of the stud owner and 1(one) from the choice of the bitch owner.
- if there is only 1(one) puppy whelped. the sharing is divided equally or half. thus; the stud owner and the bitch owner can negotiate if the bitch owner wants to keep the puppy; the bitch owner pays half the monetary amount of the puppy(or the price averagely dictated by the fair market value) to the stud owner. if the stud owner wants to keep the puppy; he pays half the monetary amount to the bitch owner. if both doesn't want to keep the puppy; anyone of them can sell the puppy(bitch owner is in preference to sell it) and divide the monetary amount from the sale.
b.) the bitch owner's obligations:
- Pay/shoulder's ALL the vaccinations and deworming costs. Customary kennel practice is 3(three) times deworming and 2(two) times 5-in-1 vaccination. Should be performed by a licensed veterinarian.
- Pay/shoulder's ALL the processing fee of the pedigree registration or LITTER REGISTRATION(PCCI, AKCUPI, UKC or what ever organization that handles it's pedigree registration).
- signs the endorsement or transfer of ownership to the stud owner of the puppy/puppies. usually the transfer of ownership is signed/endorsed "in blank" or the new owner's name is blank; thus making the transfer of ownership is an open transfer.
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There could be VARIATIONS in such as way:
1. the stud owner only gets one puppy even how many puppies are whelped and in return the stud owner shoulders the vaccination and deworming costs and shoulders the litter registration cost OR reimburses the bitch owner of said expenses.
2. the stud owner only gets one puppy even how many puppies are whelped. still the bitch owner shoulders the vaccination and deworming costs and shoulders the litter registration cost.
3. there could be so many variations that can be made based from this traditional/customary PUPPY SHARING AGREEMENT as above mentioned.
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Further Notes:
IF IN CASE the bitch did not take after successful mating OR didn't get pregnant, the stud owner if the stud is PROVEN to have impregnated other bitch/es; shall have the FIRST RIGHT OF REFUSAL for re-stud in case the same bitch goes in her next heat/season.
IF IN CASE the bitch went through miscarriage, the bitch owner should inform the stud owner of such. so at least; not to give false hope to the stud owner and at least give the stud owner a little assurance that the mating was a success; just that for unforeseeable circumstance the bitch went through a miscarriage.
IF IN CASE the bitch did not take after successful mating OR didn't get pregnant, and the STUD is not proven to have impregnated other bitch/es; the bitch owner shall have the FIRST RIGHT OF REFUSAL for re-stud from the same unproven stud.
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ADDITIONAL STUD SERVICE GUIDELINES
1.__The generic terms for stud service in the Philippines is 2x mating, done every other day with a 1 free backstud(2x mating) if the bitch does not get pregnant. The bitch and stud's mating rights are not transferrable. If a backstud is required and the stud is unavailable, it is not the stud owner's obligation to fullfill it.
2.__In this regard, it is advisable to search for a healthy stud from a responsible owner just in case of a transfer of ownership or incapacity. Ideally, a written agreement must also be put into place before the time of the mating.
3.__A backstud is only granted if the dam does not deliver a puppy or puppies as long as the stud is available, capable and alive. Dam owner must inform the stud owner if the dam does not get pregnant 45days after the first mating. Othewise, no backstud will be granted.
4.__Back stud is only a privilege and not a right! It is the obligation of the bitch's owner to make sure that the maturity, health and timing of ovulation are in its optimal state at the time of mating.
5.__ If the stud is proven to impregnate, then it is not the stud owners fault if the bitch does not get pregnant after the mating periods.
6.__It is the obligation of the stud owner to make sure that the dog is of age, healthy, potent and has not been used for mating at least 1 week prior to the agreed mating date.
7.__Both dogs should be within it's breed standard, of good temperament, fully vaccinated, cleaned, flea and tick free and must be PCCI registered.
8.__The shooter gets paid for his service but the owner of the dog that bites the shooter is the one responsible for the damage. This is applicable to the assistant/s too.
9.__The stud fee is paid in full before the first mating. If a shooter is required, this is usually included in the fee unless specified otherwise. In the backstud, the bitch's owner shoulders this.
10.__A puppy sharing agreement may also be accepted by both parties. The general norm is the stud owner gets the first pick to be taken on the puppies' 60th day...vaccinated and PCCI registered. Owners of champion or renowned stud dogs usually get two picks...the first and fifth.
11.__If a mated dam's ownership is to be transferred within the puppy sharing agreement, the original owner must settle the obligation with the stud owner first.
12.__In some cases the dam may be left at the stud owner's premises for boarding if it is allowed to. The bitch's owner must provide it's food, supplements and food bowl. While in the stud owner's care, the dam must be taken care of as if it is his own however, he is not responsible for any unforseen occurences. A boarding fee is usually collected on a per day basis.
13.__The reservation and cancellation dates are best when confirmed in 5 days.
14.__The stud owner is the last to sign on the stud form.. only after the bitch's owner has properly filled out the necessary information along with proof of the number of puppies.
CTTO
Sir Da, MDEB
