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PUPPY CONTRACT + HEALTH GUARANTEE

Smush Face Kennel Club | smushfacekc@gmail.com | Ruskin, Florida

 

This agreement is made and entered into as of the ______ day of _____________, 2023 by _______________________ of Smush Face Kennel Club, hereafter referred to as “Seller” and ______________________________ hereafter referred to as “Buyer”.

 

Seller Information:

Name: ______________________________________________________________

Address: ____________________________________________________________

               ____________________________________________________________

Phone: ______________________________________________________________

Email:  ______________________________________________________________

 

Buyer Information:

Name: ______________________________________________________________

Address: ____________________________________________________________

               ____________________________________________________________

Phone: ______________________________________________________________

Email:  ______________________________________________________________

 

Puppy Information:

Puppy Name: ____________________  Purchase Price: _______________________

Sex:  ___________________________ Date of Birth:  ________________________    

Breed: __________________________ Color:  ______________________________

Dam:  __________________________  Sire: _______________________________

AKC Registration: _________________ Pickup Date: _________________________

 

French Bulldog Background

Buyer declares that they have done their research on the breed they have chosen and are fully aware of the health risks associated with this breed as well as training, daily pet care and housing requirements.

Buyer understands that French bulldogs are extremely sensitive to heat and extreme cold and are meant to be indoor dogs only. All precautions should be taken to protect them during outings in extreme weather (hot or cold). Any outside temperatures over 70°F, especially in humid climates, can be deadly to your French Bulldog.

Buyer understands and is fully aware that no refunds will be given for any, other than those stated in this contract.

Buyer understands that most Brachycephalic breeds cannot swim well, and all precautions must be taken to ensure the safety of your French Bulldog. Any time activities with your bulldog will include any body of water, or swimming pool, the Seller highly advises putting a pet life vest on your French Bulldog.

 

Life Threatening Congenital Defects

All puppies will have a full health check prior to leaving the Seller. Seller guarantees said puppy, until it turns one year old, is free from any life-threatening congenital defects related to the following conditions only:

  1. Life threating heart defects (heart murmurs must be a grade 3 or higher)

  2. ​Neurological disorders

  3. ​Liver shunts

  4. Luxating patella’s (must be at least a grade 4 to warrant a replacement)

  5. Severe hip dysplasia (must be confirmed by x-ray and be graded severe and requiring euthanasia or surgery)

    1. Mild/moderate dysplasia is not covered as it is impossible to determine if it is congenital or environmental. Environmental means through repeated trauma to the undeveloped joints through rough play, too much exercise, jumping on and off furniture and decks, etc.

  6. Autoimmune disease (Seller will only replace unvaccinated dogs with this condition as autoimmune disease can be triggered by vaccines. Buyer must provide Seller with a copy of all vet records within 24 hours of diagnosis to verify that no vaccines were given at any time while in your possession)

  7. Severe spinal abnormalities (most French and English bulldogs have at least one hemivertebrae, if not more. Replacements for spinal issues will be discussed on a case-by-case basis considering the quality of life of your puppy/dog, the opinion of your vet and whether surgery is necessary)

    1. Please do not let your dog jump from high surfaces, as this can increase the chances of a ‘normal’ hemivertebrae becoming problematic). Hemi vertebrae found in routine x-ray that are not problematic will NOT be considered for replacement.

  8. Any other life-threatening congenital defects will be discussed on a case-by-case basis

 

Buyer understands that conditions not listed in this contract are not guaranteed for replacement.

Should this puppy be found to have a life-threatening congenital defect, as listed above, by their puppy's first birthday, the puppy may, upon a written and conclusive diagnosis containing the congenital defect and a description of the puppy in question from a veterinarian, be returned to the Seller for another puppy of equal value when one is available. Buyer understands that there must be a conclusive diagnosis in writing from the Buyer's veterinarian before a replacement puppy will be offered for any congenital defect or condition listed in this contract. A speculative or inconclusive diagnosis will not warrant a replacement puppy from the Seller. Seller will never provide a partial or full monetary reimbursement. Return transportation are the responsibility of the Buyer. Transportation for the replacement puppy is also the responsibility of the Buyer.

If the Buyer is owed a replacement, they must take their replacement within 12 months from the time the replacement was warranted. After 12 months the Buyer forfeits their right to a replacement.

If the quality of life of said puppy is severely affected and unable to be treated, the Seller asks that the puppy be humanely euthanized by a veterinarian and that a written and conclusive diagnosis and a description of the puppy along with the registration papers be returned to the Seller before a replacement puppy will be offered. If the quality of life of said puppy is not severely affected and can be treated and the Buyer wishes to keep the puppy, they may do so. If the Buyer chooses to keep the puppy the Buyer must provide documentation of the congenital defect by a veterinarian along with a written conclusive diagnosis to the Seller. If the affected puppy is kept by the Buyer, they will not be offered a replacement puppy.

In the case of sudden/unexpected death a necropsy must be performed, at the Buyer's expense, and a written and conclusive diagnosis stating that the cause of death is related to a congenital defect as listed above must be returned along with a copy of the necropsy report and the registration papers before a replacement puppy will be offered. Transportation costs for a replacement puppy are the responsibility of the Buyer. If the Buyer declines the replacement puppy, then the Seller shall be under no further obligation, and it will be deemed that the Buyer has released the Seller from any and all further claims.

Buyer understands that the following conditions are very common within the French bulldog breed and are NOT covered under the Guarantee:

 

  • Brachycephalic syndrome

  • Pinched nares

  • Stenotic nares

  • Collapsed nostrils

  • Elongated soft palate

  • Tracheal hypoplasia

  • Snoring

  • Overheating/heat stroke

  • Stool eating

  • Entropion

  • Ectropion

  • Cherry eye

  • Pyloric Stenosis

  • Inverted vulvas

  • Luxating patella’s (<grade 4)

  • Straight stifles

  • Splayed feet

  • IVDD

  • Loose hips/elbows (bowed/fiddle front)

  • Knuckling over (this is diet related condition)

  • Kinked, crooked, or inverted tails

  • Tail pockets

  • Hot spots

  • Interdigital cysts

  • Yeast infections

  • Ear infections (due to yeast or allergies)

  • Underbites or wry jaw

  • Crooked teeth

  • Excessive shedding

  • Difficulties in house/crate training

  • Skin issues such as dry flakey skin (this can often be fixed by a change in diet and adding supplements to their diet)

  • Allergies

 

Veterinary or Medical Expenses

Prior to adoption and pickup/delivery by Buyer, said puppy will have been vet checked, have a Florida state health certificate, current on vaccines, and dewormed.

Buyer understands and agrees that the Seller is not responsible for any veterinary or medical expenses incurred by the Buyer once said puppy has left possession of the Seller. Seller reserves the right to verify any information provided by the Buyer with the Buyer's veterinarian.

At the expense of the Buyer, said puppy should be examined by a veterinarian within 48 hours of possession, excluding weekends and Holidays, to validate the Smush Face Kennel Club Health Guarantee. Proof of the veterinarian examination (a receipt for exam will suffice) from the Buyer's veterinarian dated no more than 48 hours from the date said puppy left the Seller's possession must be emailed or mailed to the Seller within four (4) days. Failure to comply will render the Health Guarantee null and void.

Should said puppy be found to be in ill health during the veterinarian exam, the cause of which is clearly attributable to the Seller, the puppy may, upon a written and conclusive diagnosis and a description of the puppy in question from a veterinarian, be returned to the Seller for another puppy of equal value when one is available. Buyer understands that once the puppy leaves the Seller's possession there are common conditions that can affect puppies that are not covered under this guarantee. The following (4) conditions are not covered in this contract, all of which can be common in puppies, are not life threatening, and are easily treated. Seller highly recommends for the Buyer to not place the puppy on the ground in public places (any grass outside of your home’s yard), in dog parks or doggie day cares until after fully vaccinated and/or 18 weeks of age.

  • Coccidiosis (Coccidia)

  • Giardia

  • Kennel cough (upper respiratory)

  • Parvovirus

​

Puppy Replacement due to Health

Buyer understands that all information provided to the seller for a replacement puppy will be verified. We will have our veterinarian contact your selected veterinarian to discuss their findings.

Buyer agrees to authorize the release of said puppy's medical records to the Seller and the Seller's veterinarian for the purpose of review should a replacement puppy be requested or potentially warranted within 72 hours of notifying the Seller of a problem.​​ Failure to provide all medical records regarding said puppy will void the Buyer's right to a replacement puppy.

If said puppy that Buyer has reserved should become ill, injured or dies prior to leaving Smush Face Kennel Club, the Buyer will be offered a full refund of their deposit, or they may transfer their deposit to a future litter or another puppy if one is available. If Buyer chooses to transfer their deposit it will become non-refundable again except for reasons listed in this agreement.

In the event of death of said puppy due to genetics within the first year of birth. The Buyer must email or mail a copy of the findings from a licensed veterinarian, within two (2) days, after said death to the Seller. If Buyer fails to email or mail a copy of the findings from a licensed veterinarian within the 2-day period, the failure to comply will render this guarantee null and void.

 

Animal Treatment and Ownership

This contract does not cover neglect, improper care, abuse, or accidents that may result in life-threatening conditions or death. The buyer assumes responsibility for protecting the puppy from loss, theft, danger, neglect and abuse. The buyer agrees to provide puppy with routine preventive care and follow a veterinarian guideline for vaccination and deworming protocol.

Buyer agrees to provide high quality care, food, and shelter to the puppy for the remainder of its natural life. If the puppy's food is changed from Royal Canin or a similar superior food before the age of 12 months and it negatively impacts the puppy’s health, the Seller takes no responsibility of replacing or covering any medical costs. We do not recommend feeding the puppy any inferior dog food which has a grain base (corn, wheat, rye, oats, and flax seed). The food should be meat based with vegetables and not have grain as the main ingredient.

Buyer promises to keep the puppy in a proper manner and provide appropriate care and socialization. Said puppy shall not be kept permanently in a crate or in a small, confined area where it is unable to achieve proper exercise and socialization needed for the health and well-being of said puppy.

If the buyer no longer has the ability or financial means to provide these things the buyer agrees to contact the seller and give the seller an opportunity to take the puppy back into the care of the seller, at no charge to the seller. Seller agrees to pay for all transportation costs involved in returning the puppy.

Buyer agrees that the dog will it be used or trained for activities which are illegal or for which it is not suited by reason of temperament or conformation. Specifically, the said puppy will not be used as a guard or attack dog or to hunt or fight other animals.

The Buyer agrees that they will not sell, transfer ownership or possession of the puppy or any of their offspring to any person or organization whose intent it is to resell (pet store or breeder), trade, give away the dog, or use it in any experiments, laboratory or otherwise or to use it as breeding stock for a puppy mill.

     

Right Of Recovery/Replacement

If the Buyer cannot or does not wish to maintain custody of the dog, at any time during its' lifetime, the Seller is to be notified immediately of such case and Seller will help assist in any placements of said puppy/dog. Seller will always accept the puppy/dog back. Said puppy/dog cannot be sold or given away without written consent from Seller.

If the puppy is sold or given away without Seller’s written consent, the Buyer is responsible for damages in the amount $5,000.00.

Once the dog is surrendered to us, Smush Face Kennel Club, all rights to that dog are relinquished by the Buyer.

If this contract is broken and the puppy/dog is relinquished to another person, a rescue, adoption agency, SPCA or any other type of organization, the Buyer terminates all rights as the owner of said puppy/dog and the puppy/dog will be released to the Seller. All expenses will be covered by the Seller.

Buyer certifies that they are not acting as an agent or broker for another individual in the purchase of this puppy and will not sell this puppy to any mass-producing kennel (puppy mill) or business. Including, if the puppy is being purchased as a gift for someone else.

All guarantees offered to the original Buyer are non-transferable, this contract only applies to the original Buyer listed in this contract and is non-transferable.

 

Jury or Bench Trial

By signing this agreement, you (the Buyer) are waiving your right to a jury or bench trial, and you are agreeing to arbitrate all claims arising or related to your puppy purchased from Smush Face Kennel Club. It is further understood the Buyer will be responsible for all fees related to, and for the arbitration. The arbitration is required to take place in the County of Hillsborough in the state of Florida, the state of the Seller.

In the event of any litigation in connection with this contract, both the Seller and Buyer shall each be responsible for their own attorney’s fees and applicable costs. In the event the Buyer prevails in litigation, the total awarded value shall not exceed the value of the original purchase price, stated on Page 1.

 

AKC Registration (Limited Registration or Full Registration)

Refer to Page 1 of Contract for the applicable registration status of this puppy sale. 

Limited Registration:

With the purchase and selection of Limited AKC Registration the puppy, it is the Buyer’s responsibility to submit all paperwork to register the puppy and pay all appropriate fees.

With the purchase and selection of Limited AKC Registration, the puppy is being sold into a pet home only, the puppy is not to be bred, and is required to be spayed/neutered between 10-12 months of age. Proof of spaying/neutering must be sent to Seller before the puppy is 13 months old, and Buyer will not receive Limited AKC Registration papers until proof of the alteration is received.

Breeding this puppy will void this contract. If the puppy is bred, Seller will pursue immediate legal recourse against the Buyer. The Buyer will owe the Seller $5,000.00 in damages per puppy produced. This is at the sole discretion of the Seller. Buyer cannot fully register this puppy/dog or any unauthorized offspring with AKC or any other dog registry.

Buyer understands a puppy with Limited AKC Registration is at a discounted price because the puppy is intended to be a pet only; the price of Limited AKC Registration is included in the purchase price.

Full Registration:

With the purchase and selection of Full AKC Registration, it is the Buyer’s responsibility to submit all paperwork to register the puppy and pay all appropriate fees.

This puppy/dog is being sold as a companion animal first. By purchasing breeding rights with this puppy, you are agreeing that the puppy will remain a companion in your family even after you have decided to 'retire' the puppy from any future breeding.

 

Purchase Price and Deposit

Buyer is aware that there is a nonrefundable $500.00 deposit fee to hold puppy. The deposit is a commitment to purchase a specific puppy and is not transferrable without written consent from the Seller. The remaining balance is to be paid on/before the puppy is picked up or delivered at 10 weeks of age.

 

Pickup/Transportation

If the Buyer requests to pick up said puppy, they must be picked up on the date arranged and mentioned above. If the Buyer does not pickup said puppy on the prearranged date or fails to or contact seller within 24 hours to make extended arrangements, the Buyer forfeits all monies paid and the puppy can be re-sold by the Seller.

Delivery is available within the U.S. only. Seller does not warranty puppies while being shipped, as Seller has no control over their care or handling during transport. If Buyer selects to have a puppy shipped, the Buyer can arrange at their own expense, or Seller can with one of our trusted delivery services at Buyer’s expense.

 

Miscellaneous

Both parties agree that electronic signatures and/or online agreements of signed documents shall be considered the original signatures for purpose of validity, including credit card transactions.

Buyer gives permission for Seller to continue to use said puppy’s name, picture and/or information in advertising or on Smush Face Kennel Club’s social media or Anthony Rodriguez’s social media.

In the event of breach of the Contract, the Buyer agrees to pay all expenses of retaking, holding, preparing for sale, selling, and expenses as may be allowed by the law and incurred by the Seller in enforcing their rights under this agreement.

We, the Seller, determine that we were lied to or deceived in any way, regarding the purchase of said puppy before or after the puppy leaves our possession. The Buyer will forfeit any monies paid to the Seller.

 

Here in termed the Parties (Buyer and Seller) acknowledge and agree that this Contract is the complete and exclusive statement of the mutual understanding of the parties and that it supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Contract and consider this to be a legal and binding contract. This contract is valid the entire life of said puppy, unless transferred to a subsequent owner. Any violation of the terms of this Contract will void the Contract and Health Guarantee and the puppy/dog will be subject to forfeit. By signing below, you understand the conditions of this contract and agree to comply with this contract.

 

_____________________________________________________________________

 Buyer’s Signature                           Printed Name                                        Date   

           

_____________________________________________________________________

 Seller’s Signature                           Printed Name                                        Date

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