This contract must be signed and notarized before a puppy is
transferred to an Authorized Owner.
It is also highly advisable that you have a lawyer review this contract
with you if you do not fully understand its content.
Notice: The
following terms and conditions apply to the breeding of the American Alsatian™. Breeding the American Alsatian™
is a
privilege, not a right. American Alsatian™
breeders must understand the following terms and conditions and strictly adhere
to them at all times they are involved with breeding American Alsatians™. Please read
and review this Breeding Contract carefully before buying an American Alsatian™
for the purpose of breeding. By
entering into a purchase contract and buying an American Alsatian™ with a
breeding stock designation certificate from the National American Alsatian™
Registry (NAAR), you acknowledge that you have read, understood and agreed to
this Breeding Contract. If you do
not agree to this Breeding Contract, you may NOT breed an American Alsatian™ at
any time.
The terms and conditions listed below govern breeding of the
American Alsatian™ and breeding practices used therein ("practices")
provided by Lois E Schwarz, the founder of the American Alsatian™ dog breed and
its affiliated clubs and associations (National American Alsatian™ Club
(NAAC), National American Alsatian™ Breeders’ Association (NAABA), National American Alsatian™
Registry (NAAR), National American
Alsatian™ Judges’ Association
(NAAJA), and National American Alsatian™ Trainers’ Association (NAATA) (collectively American Alsatian™
Organizations). The terms "I",
“me” and "my" in upper or lowercase shall mean the entity (e.g.,
company, corporation, partnership, sole proprietor, etc.) entering into a
Breeding Contract with American Alsatian™ Organizations. This "Breeding
Contract" shall consist of these General Terms and Conditions.
Definitions:
Possession shall mean any dog that is legally owned by a person or persons, no
matter where the dog resides.
Contact shall mean by electronic mail with an acknowledgement of receipt from
the receiving party and/or certified US mail.
Acknowledgement
of receipt shall
mean any reciprocal
correspondence either by electronic mail or certified US mail.
Breeding
stock shall
mean any animal whose
intention is to be used for or is used for producing offspring.
American Alsatian™
outcross shall
mean any animal that
has an outcross breed within the first three generations of its pedigree OR any
animal that has an outcross breed in its lines and which does NOT produce
progeny similar in health, temperament, and conformation as determined by the
National American Alsatian™ Breeder’s Association board and/or the NAAR.
Outcross
breed shall
mean any breed of dog
other than the strongbred American Alsatian™.
Strongbred shall mean any dog that does not possess an outcross breed in the
first three generations of its pedigree AND who begets progeny similar in
health, temperament, and conformation as determined by the National American Alsatian™ Breeder’s Association board
and/or the NAAR
Alsatian™ shall mean the same as American Alsatian™.
Shy shall mean any dog that flinches away from human touch, runs away with
tail between legs, hides from strangers, and/or fear bites.
Fearful shall mean any dog that hides, and/or tucks tail due to gunshots;
lightening; loud and/or sudden noises; and/or movement of any kind.
Aggressive shall mean any dog that growls, snaps at, bites and/or tries to bite other
dogs or humans.
Authorized
Owner (whether
single or
multiple) shall mean any person or persons who are legally and solely
authorized by American Alsatian™ Organizations to breed an American Alsatian™ as
solely registered by the NAAR.
1. GRANT OF RIGHTS; RESTRICTIONS ON
USE
1.1 I understand that I and any
Authorized Owners of this NAAR registered breeding stock American Alsatian™ are
granted a nonexclusive, nontransferable, limited right to access and use for
breeding purposes this breeding stock American Alsatian™ bought by me for the
purpose of breeding. The rights granted to each Authorized Owner are as
follows:
(a) The right for the
Authorized Owner’s individual use of the name American Alsatian™ when breeding
strongbred American Alsatians™ as registered solely through the NAAR, (e.g. no
Authorized Owner may transfer breeding rights or authorize or approve others to
breed American Alsatians™ or use the name American Alsatian™ and/or Alsatian™ when
breeding dogs). Notwithstanding the foregoing, an Authorized Owner may sell
his/her intact breeding stock as American Alsatians™ to other Authorized Owners
so long as the subsequent Authorized Owners are also approved and currently
certified by American Alsatian™ Organizations to breed American Alsatians,
otherwise this breeding stock American Alsatian™ must be neutered or spayed
before transfer of ownership. (Proof
of spay or neuter must be given to the American Alsatian™ Organizations in
writing by a licensed veterinarian along with correct ID chip number
information.)
(b) The right to solely and
exclusively apply to the NAAR to register the puppies born from registered
strongbred American Alsatian™ parents with unique registration from the NAAR. (No other registration from any
other
dog breed registry shall be permitted and all right’s reserved for the
trademarked name American Alsatian™.)
(c)
The right to breed, with exclusive pre-approval from the NAABA, only to
strongbred American Alsatians™ as
registered solely through the NAAR.
(No other breeding to any outcross breed or American Alsatian™ outcross
shall be permitted. The practice
of breeding to an outcross breed or American Alsatian™ outcross is strictly and
solely reserved for the American Alsatian™ founder of the breed, Lois E.
Schwarz, unless explicitly approved by the founder herself in a separate
outcross breeding contract.
(d)
The right to purchase authorized kennel name registration, solely through the NAAR, including the words “American Alsatian™”
in the title, if desired.
(e)
The right to exclusively breed the strongbred American Alsatian™ as solely
registered through the NAAR. No
Authorized Owner may breed any other breed of dog at any time while breeding
the American Alsatian™ and/or owning a registered kennel name with the NAAR.
I,
_____________________________________________, acknowledge that I have seen and
read the NAABA rules and regulations and Breeder’s Code of Ethics. I fully understand these rules and
regulations and the Code of Ethics and agree to abide by them at all times I am
a member of any American Alsatian™ Organizations, even in the event of
un-notified changes in these rules and regulations and Code of Ethics.
I
will contact the NAABA’s board prior to each and every mating of any American Alsatian™
in my possession. I will follow
the recommendation of the breeder’s board at all times or I will not breed the American
Alsatian™.
I
will never knowingly breed an American Alsatian™ to an outcross breed or American
Alsatian™ outcross of any kind without the direct approval, signed and
documented, by the founder of the breed.
When working under the counsel of the NAABA board and/or the founder of
the breed I will not be held liable for any actions taken under their
recommendation.
I
shall have all of my breeding stock American Alsatians™ examined and x-rayed by a licensed veterinarian.
I will allow the NAABA board, as their
right to protect the American Alsatian™ breed, to personally exam any and all
of my breeding stock by a board representative and/or a NAABA licensed and
approved veterinarian if the NAABA board so desires. I will publicly post all medical information for each of my
breeding dogs and their offspring as well as give a copy of all medical
information from all breeding stock American Alsatians™ in my possession to the NAAR for record
keeping
purposes. I will never breed any American
Alsatian™ found to have any genetic disorders by a licensed veterinarian
including, but not limited to: hip/elbow dysplasia, epilepsy, panosteitis,
heart/liver conditions of any kind, arthritis, urinal or skin disorders, cryptorchidism,
or bloat/gastric torsion.
I
have also examined and fully understand the temperament testing procedures
produced by the NAABA. I agree to
temperament test all puppies whelped in my possession according to the NAABA’s
temperament testing procedures. I
agree to publicly disclose any and all temperament testing data for a period of
the lifetime of each American Alsatian™ in my possession and give a copy of all
temperament testing data to the NAAR on all American Alsatian™ puppies born in
my possession. I agree that I will
never breed any American Alsatian™ that is shy, fearful, and/or aggressive.
I
will never breed any dog using either the name Alsatian™ and/or American Alsatian™
until I am working in full approval from the NAABA board. Furthermore, if I ever leave the NAABA
or NAAC for any reason I will cease breeding the American Alsatian™ and using the
name Alsatian™ and/or American Alsatian™ for any dog bred in my possession
after my termination regardless of NAAR registration.
I
will, in everything that I do, be aware that I am a caretaker of the future of
the American Alsatian™. Each
action I take, every decision I make, can and will affect the American Alsatian™
as a breed, today and far into the future. I am aware that poor breeding decisions have caused the
downfall of some popular breeds.
As caretakers of the American Alsatian™, I will protect not only the
dogs that are living today, but also those that are not yet born. It is my responsibility to see that American
Alsatians™ will go on in future years to
be all that the breed was intended to be.
Kennel
Name Requested:
___________________________________________________________________
X________________________________________ Date:
_________________________
American Alsatian™ Breeder’s Oath
I will seek to safeguard the welfare of my Breeding Stock
at all
times. I will strive to be aware of the possible effect of my own actions when
making a decision to breed a litter of puppies and then go on to sell these
puppies to other members of society. I will strive to benefit those who purchase their
dogs/puppies and take care to do no harm in all dealings with the dogs/puppies
in their care and with prospective new owners.
When conflicts occur among American Alsatian™ Breeders,
I will
attempt to resolve these conflicts in a responsible fashion that avoids or
minimizes harm.
I will establish relationships of trust in those with whom
I
exchange dealings. I will uphold professional standards of conduct at all
times. This includes a clean kennel area at all times, healthy breeding stock
and puppies checked by a currently licensed veterinarian, temperament scores of
9 or higher in all breeding stock and puppies, email, phone, and personal
contact which is civil and truthful at all times. I will seek to consult with, refer to, and cooperate
with the National American Alsatian™ Breeder’s Association Board at all
times as I clarify my roles and obligations, accept appropriate responsibilities
for my behavior and decisions, and seek to manage conflicts of interest that
could lead to exploitation or harm to other breeders, the dogs in question, the
immediate individuals involved and the broader community. I am aware of my
value-based moral responsibilities to society and to the specific individuals
to whom I am selling my dogs/puppies. I will remain concerned about the ethical
compliance of my own personal conduct. I will strive to contribute a portion of
my personal time to the NAAC and all its workings for no compensation or
personal advantage.
I promise to seek to promote accuracy, honesty, and truthfulness
in the science, teaching and practice of breeding dogs. I will not steal, cheat
or engage in fraud, subterfuge, or intentional misrepresentation of FACTS. I
will strive to keep my promises and to avoid unwise or unclear commitments.
I promise to strive to hold reasonable judgments and take
precautions to ensure that my potential biases, the boundaries of my
competence, and the limitations of my expertise do not lead to or condone
unjust practices.
I promise to respect the rights of individuals to privacy,
confidentiality, self-determination and the RIGHTS of all individuals as stated
in the constitution of the UNITED STATES OF AMERICA.
Kennel
Name Requested:
___________________________________________________________________
X________________________________________ Date:
_________________________
For official NAABA members only.
Please do
not write below. Must be
officially sealed
by the NAABA.