Breeder, Owner of Clover Ridge Pomskies, LLC, Sarah Ivonavitch agrees to enter a contract with the following:
Buyer Name: __________________________________________________________________
Non-Refundable Deposit Paid: ___________
Remaining Balance Due: __________
Total Puppy Price: ___________
Puppy’s Name: ___________ Dam’s Name: ___________ Stud’s Name: ___________
Date of Birth: ___________ Eye Color: ___________ Coat Color: ___________
Proposed use of the Puppy: Breeding-Full Rights
Proposed use of the Puppy: Pet Only-Spay and Neuter.
- Buyer: Buyer means the purchaser of the animal at issue and its present parents, subsidiaries, and partners at the time of purchase.
- Puppy: Puppy refers to the animal at issue being bought by the Purchaser. Dog may also refer to Puppy.
- Clover Ridge Pomskies, LLC: Clover Ridge Pomskies, LLC is the original owner and producer of all Puppies discussed in this contract. They may also be referred to as “Breeder” or “The Breeder”.
- Pick-up: Pick up is the scheduled date agreed upon between Clover Ridge Pomskies, LlC and the Buyer for the buyer to receive or pick up their agreed upon Puppy.
- Breeding Rights: Breeding rights are the rights you can possess to breed a dog. Breeding rights are a tool used by dog breeders to control the development of their bloodline when a dog is sold to a third-party. A dog can be sold on limited or full registration at the choice of the Breeder, which is defined below.
- Limited Rights: You cannot breed the purchased dog, and under the Breeder’s circumstances, the dog must be spayed/neutered.
- Full Rights (Full Breeding Rights): You have the total rights to breed the dog. This costs more.
- Guarantee: A guarantee is offered by a Breeder to provide protection and reassurance to both parties regarding the future health and wellness of the Puppy.
- Health: The Puppy sold is in good health on the date of sale. The first sets of shots have been given and the Puppy has been dewormed every two weeks. The Puppy’s sire and dam are both DNA tested. The Puppy is expected to be free of the hereditary issues that were tested for. However, no guarantee of such is or can be made for all of the hereditary issues that may be possible. Clover Ridge Pomskies, LLC does not assume any liability for any injury to said Puppy or any contracted illnesses after delivery outside of the health guarantee.
- Short Term Guarantee: Clover Ridge Pomskies, LLC guarantees the Puppy free of any life-threatening illnesses for 48 hours. The Buyer is recommended to arrange a veterinarian examination within 48 hours of bringing the Puppy home. Due to Covid-19, exceptions to this rule may be provided upon timely communication and approval by Clover Ridge Pomskies, LLC. Timely notification shall include details regarding when the Puppy’s appointment is scheduled; this appointment should be made immediately after Pick-Up. During this contact, the Buyer needs to provide exactly when the appointment is scheduled, and it should be at the closest possible date to Pick-Up. Should the veterinarian find the Puppy has a life-threatening condition in which the cause was attributed by Clover Ridge Pomskies, LLC, the Puppy may be returned, and Buyer refunded everything but the non-refundable deposit. Clover Ridge Pomskies, LLC has the right to ask a second opinion by a veterinarian of their choice. If the Buyer does not have proof of taking the Puppy to a veterinarian within 48 hours of purchase or does not contact Clover Ridge Pomskies, LLC about the scheduled date before the Puppy goes home, the refund is null and void. Transport and transportation fees back to Clover Ridge Pomskies, LLC will be arranged and covered by the Buyer.
- Long-Term Genetic Health Guarantee: Clover Ridge Pomskies, LLC guarantees this Puppy free from any life-threatening genetic condition that embark tests for up to 12 months from its date of birth. However, if the Buyer keeps the Puppy on NuVet Supplements for a full 24 months from the time of sale the Long-Term Genetic Health Guarantee is extended to 24 months instead of 12 months. The code for NUVET is 575640. This guarantee covers any ailments that are caused by pairing two parent dogs that passed a life-threatening genetic trait to the Puppy. In order for the genetic condition to be covered it must cause the Puppy to die unexpectedly or be euthanized immediately by a veterinarian. Upon determination that a Puppy has a life-threatening genetic condition, Buyer has 48 hours from the time of the Veterinary findings to notify Clover Ridge Pomskies, LLC with written documentation of said findings; failure to notify Clover Ridge Pomskies, LLC will result in nullification and voiding of this guarantee.
- Issues Not Covered in Any Guarantee: Any condition that is minor, correctable, treatable, avoidable with caution, or non-life threatening, is not covered. Conditions which may go away or are a condition which a Puppy may grow out of, or does not cause death, is not covered. Clover Ridge Pomskies, LLC vaccinates our dogs as per the recommendation of our vet, and full shot records are given to the owner when the Puppy goes home (though dogs are vaccinated, that does not mean that the Puppy cannot get conditions/diseases that they are vaccinated against). This guarantee does not protect against communicable illnesses like Parvo after a Puppy goes home. Clover Ridge Pomskies, LLC recommends you DO NOT take your Puppy somewhere they could have picked it up after being taken home like a dog park or a pet store, as it will not be covered in our guarantee. Conditions not covered include but are not limited to; umbilical/inguinal hernia, retained testicles, kennel cough, anxiety, cuts, grade 1-2 innocent heart murmurs, ear/skin mites, skin disorders such as mange and allergies, or any other minor condition. Due to the breadth of possible minor conditions, every possible condition would be too numerous to cover in this document. Any minor condition may be discussed with Clover Ridge Pomskies, LLC for further consideration, but a presumption of no-coverage is implied for any condition deemed non-life-threatening.
- Vaccinations: The Buyer agrees to finish all Puppy vaccines before taking their dog out in public, letting their Puppy on public sidewalks and grasses, or letting their Puppy be touched by people outside of the family. This reduces the chances of your Puppy picking up a communicable disease such as Parvo WHICH CAN BE FATAL.
- Pomsky Markings/Size: Clover Ridge Pomskies, LLC cannot guarantee size, color, or markings as an adult. These genetics are determined by the sole discretion of God. Clover Ridge Pomskies, LLC will give the Buyer their best predictions based on experience but are not guaranteed as adults. No refunds or replacements will be given due to size, color, or markings.
- Maintaining Proper Health: The Buyer agrees to maintain preventative health care including but not limited to; inoculations, internal as well as external parasites and heartworm preventative medication. The Buyer agrees to feed a high-quality food as well as provide proper socialization and training. In the event a Buyer exercises return rights under the genetic guarantee, all documentation that the above maintenance has been performed must be provided to Clover Ridge Pomskies, LLC. If the Buyer does not provide such proof that every step was taken to assure the good health of the Puppy, the Health Guarantee is void.
- Rehoming Provisions: If the Puppy needs to be rehomed at any time in its life, the Buyer is to contact Clover Ridge Pomskies, LLC immediately. Upon such notification, the Puppy will either be returned to Clover Ridge Pomskies, LLC for new home evaluations; or Clover Ridge Pomskies, LLC will assist the Buyer in finding the Puppy a new home. If the Buyer rehomes this dog and fails to notify Clover Ridge Pomskies, LLC, this may be deemed a breach of contract. Such a breach may lead Clover Ridge Pomskies, LLC to pursue legal remedy in the amount $1,500, for Court Costs, and Attorney Fees. It is Clover Ridge Pomskies, LLC’s duty as a breeder to ensure that its dogs are always in good homes and are never placed in an unsatisfactory home or shelter. The return of a Puppy to Clover Ridge Pomskies, LLC does not guarantee a refund. Such actions may be considered by Clover Ridge Pomskies, LLC.
9. Breeding Rights: If breeding rights has been purchased and Clover Ridge Pomskies, LLC has it highlighted above, the Buyer agrees to the following terms. This puppy is sold on full rights and allows breeding. The Buyer is free to breed their dog. Clover Ridge Pomskies, LLC cannot guarantee breeding soundness of any kind including but not limited to infertility, libido, physical flaws, testicular retention, issues passed to offspring such as deafness, silent heats, or whelping issues as there is no way to guarantee breeding soundness on any dog. Using DNA of any kind the Pomsky breed allows for 15% marginal error if other breeds are detected and this is what we stand for and abide by. You assume all risk buying a dog for breeding, as we have provided the parent DNA results. The Buyer agrees to use “Clover Ridge” as a prefix on any registration papers.
- Buyer agrees to not breed any puppy until they are of the correct age. This means that females will not be bred until after their first heat, and males must be physically mature which usually occurs after 7-8 months per AKC Guidelines.
- The Buyer agrees to DNA test all dogs they intend to breed, including the puppy being purchased and the other dogs in the program, before breeding. Some of the adequate DNA tests include Embark and Gensol Diagnositcs.
- Pet Only/Spay and Neuter Required: If breeding rights has NOT been purchased from Clover Ridge Pomskies, LLC the Buyer agrees to the following terms. A Puppy sold as a pet on limited rights is never to be used for breeding purposes; the Puppy is to be spayed or neutered before 12 months of age. The Puppy being purchased is under Limited Breeding Rights must have proof of spay/neuter presented to Clover Ridge Pomskies, LLC by a licensed veterinarian prior to 12 months of age. Such proof shall be provided with veterinary records or by a photo of the incision with the pertinent veterinarian’s contact information. If the Puppy cannot be fixed at 12 months due to a health issue, relevant proof must be provided.
- If a Buyer with limited rights is thinking about breeding after the dog is purchased, full registration and breeding rights must be purchased directly from Clover Ridge Pomskies, LLC. Clover Ridge Pomskies, LLC reserves the right to refuse breeding rights to anyone at any point in time. If Full Breeding Rights is allowed by Clover Ridge Pomskies, LLC and is purchased, the Buyer is free to breed and sell offspring of the Puppy. The Buyer agrees to use “Clover Ridge” as a prefix on any registration papers.
- If the Buyer does not show proof of spay/neuter at 12 months of age or proof of breeding is discovered, it will be deemed a breach of contract and legal action will be pursued. A breach of this contract in this manner shall be punishable by:
i. $4,000 per Puppy bred from the fruits of the purchased Puppy. $4,000 is the price of a Pomsky of quality at market, therefore, is the breach amount to be rewarded if said dog is bred and puppies are produced.
ii. $1,500 for violation of Clover Ridge Pomskies, LLC Breeding Rights. This is the price charged for those that purchase breeding rights upfront. If the Puppy cannot be fixed at 12 months due to a health issue, relevant proof must be provided. Personal preference against fixing the Puppy is NOT justification for failing to do so. Full Breeding Rights must be purchased directly from Clover Ridge Pomskies, LLC. Clover Ridge Pomskies, LLC has the right to refuse breeding rights to anyone at any point in time. Once Full Breeding Rights are purchased, the Buyer is free to breed, show and sell offspring of the Puppy. The Buyer agrees to use “Clover Ridge” as a prefix on any registration papers.
- Defamation/Slander: Buyer agrees to refrain from making any disparaging, negative or uncomplimentary statements on any publicly accessible medium including but not limited to social media regarding or against Clover Ridge Pomskies, LLC or breeder Sarah Ivonavitch. This includes but is not limited to actions, comments, statements responses, personal messages, emails, posting or comments that would be considered defamatory or slanderous regarding the Ivonavitch family or the business Clover Ridge Pomskies, LLC. It is agreed that if the buyer breaches any part of this contract, we will seek the breach of contract damages in the amount of $5000 and the jurisdictional limit for any additional damages which include but are not limited to defamation, slander, loss of income, sale, harm to reputation, attorney, court costs, the return of a dog, and any fees in court to get possession.
- Breeder Guarantee: Clover Ridge Pomskies, LLC agrees that the Puppy is sound in health, temperament, and condition and is satisfied with the purchased Puppy. Clover Ridge Pomskies, LLC agrees to always help if there are any questions or concerns with the Puppy throughout its lifetime. Clover Ridge Pomskies, LLC also agrees to take back the Puppy if the Buyer is no longer able to keep it or will help in rehoming to a new suitable home. The Buyer acknowledges that Clover Ridge Pomskies, LLC has done everything possible to make this a great experience and to create a puppy that is at breed standard in health and temperament. Clover Ridge Pomskies, LLC guarantees to always be swift to reply and be of any assistance to the Buyer throughout the Puppy’s life. Clover Ridge Pomskies, LLC agrees to always be honest and fair.
This agreement is made and signed by both parties to ensure the wellbeing and protection of this animal. If any part of this Agreement is breached, Clover Ridge Pomskies, LLC. is released from any further obligations hereunder. Should Clover Ridge Pomskies, LLC need to seek legal action against the Buyer or the Buyer seek legal action against Clover Ridge Pomskies, LLC due to violations in this agreement, the Buyer may assume any and all attorney and court fees. This Contract and Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Iowa in Cerro Gordo County. Buyer agrees and understands that this contract is non-transferable, as it applies only to the original puppy and Buyer.
Buyer Name Printed: __________________________
Buyer Signature: _____________________________
Clover Ridge Pomskies, LLC/Breeder Signature: ____________________________