Hold Harmless & Health Agreement

While Southern Pines Family Danes, its owner, employees, and affiliates provide a Health and Temperament Guarantee, the organization claims to have no control or decision making once the puppy is delivered to the new owner, and therefore will consider the Health and Temperament Guarantee void should the new owner not adhere to, but not limited to, the items expressed in this agreement.

WHEREAS, Owner has acknowledges receipt of the canine’s vaccination records, records of all medical history and records of all treatments provided by Southern Pines Family Danes and/or a licensed Veterinarian. That the Owner has received explicate verbal and written instruction and guidance for the proper healthcare needs of this highly sensitive bloodline.

NOW, THEREFORE, with the intent to be legally bound to this agreement, the Owner hereto hereby:
1. Expressly agrees to adhere to the recommendation of Southern Pines Family Danes and will not start the canine vaccination process over or repeat any prior vaccinations listed in the records provide by Southern Pines Family Danes. The Owner also understands, with full clarity, duplicate vaccinations will cause physical and mental developmental disorders, and even death.

2. Knows the canine’s age, is aware and understands the vaccinations given prior to taking possession of the canine, and expressly agrees to follow Southern Pines Family Danes’ Vaccination Protocol written hereinto.
• All vaccinations MUST be spaced a minimum of three weeks apart, as simultaneous, or closely spaced vaccinations may cause physical and mental developmental disorders, and even death.
• Seven weeks of age, Distemper, Parvovirus, MLV (e.g. Intervet Progard Puppy DPV)
• Ten – Eleven weeks of age, Distemper, Parvovirus, MLV (e.g. Intervet Progard Puppy DPV)
• Thirteen – Fourteen weeks of age, Parvovirus Only, MLV
• Twenty months of age, or twelve months after the initial vaccination, an optional booster for Distemper, Parvovirus, MLV (e.g. Intervet Progard Puppy DPV) may be considered. However, before administering the vaccines, it is recommended that a vaccine antibody titer test for Distemper, Parvovirus, and Rabies be performed annually. When the antibodies are present, additional vaccinations are not needed and could harm the canine. It is recommended the Owner obtain a waiver/exemption of vaccinations from the Veterinarian.
• Three months of age, Rabies (by Tennessee law, check your local rabies requirements)
• DO NOT combine the Rabies vaccination with any other vaccinations, medications, or bio-chemicals. Always opt for the three-year Rabies vaccination. It is the same ingredients and dosage as the one year, and will be less toxic for your canine.
• DO NOT combine deworming or heart worm medications with vaccine injections.
• Contact Southern Pines Family Danes with questions or concerns prior to Veterinary appointments and/or if the Veterinarian’s recommendations conflict with Southern Pines Family Danes.

3. Clearly acknowledges and expressly agrees, deviation of this agreement renders the Health and Temperament Guarantee void.

4. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of this agreement, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this agreement or arising out of, from or related to the Health and Temperament Guarantee, shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by a non-bias mediator designated by Family Danes, and utilizing their respective rules and procedures. If the dispute is submitted for Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding, and shall not exceed a monetary amount greater than the cost of the canine. The enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof.

5. Both Parties have agreed to resolve disputes through Mediation and Binding Arbitration in lieu of litigation through a court with judge a jury.
 
The undersigned Owner(s) and Southern Pines Family Danes representative, agree to indemnify and hold harmless the Southern Pines Family Danes, its owners, employees, and affiliates from any and all Veterinary expenses, liability, claims, costs, suits, causes of actions, judgments or damages, including attorneys’ fees, arising out of, but not limited to, any declining, temporary, long-term, or permanent mental or physical condition of the canine to which the Health and Temperament Guarantee provided by the Family Danes organization is null and void due to the beach of this agreement.

HEALTH AND TEMPERAMENT GUARANTEE:

This guarantee is only valid in conjunction with the signed SOUTHERN PINES FAMILY DANES INDEMNITY AND HOLD HARMLESS AGREEMENT and AGREEMENT OF UNDERSTANDING.

HEALTH – Should the dog develop one or more life threatening illnesses or genetic problems within the first four years (diagnosed by a specialist in the area of the particular concern), as precluding the puppy from living an otherwise normal and healthy life as a companion, Southern Pines Family Danes will be notified in writing within 48 hours of the diagnosis and the Buyer will have the following options:
 
A.     Keep the dog, spay/neuter the dog and accept a replacement of the same quality originally purchased. The replacement will be selected by Southern Pines Family Danes from the next available litter and provided upon proof of the spay/neuter and return of the AKC Registration Certificate. There will be no refund of the purchase price; this is a replacement guarantee only. Southern Pines Family Danes reserves the right to a possible waiting time of six months or more to make this replacement, as puppies are not available at all times.
 
B.     Return the dog to Southern Pines Family Danes along with all documentation and Veterinarian reports to include AKC Registration Certificate, and accept replacement as outlined above. Southern Pines Family Danes reserves the right to a possible waiting time of six months or more to make this replacement as puppies are not available at all times.
 
Southern Pines Family Danes is not responsible for any charges incurred in returning or replacing the dog. Southern Pines Family Danes is not responsible for any Veterinarian charges or fees incurred in the diagnosis or treatment of any illness or genetic malady. The dog will not be replaced if used for breeding. Nor will it be replaced if any illness was due to abuse, neglect, or accident. If the dog is deceased an autopsy shall be performed at the Buyer’s expense to determine the cause of death. The results are to be presented in writing to Southern Pines Family Danes prior to any replacement.
 
TEMPERAMENT – If Buyer judges within six months of purchase that the temperament of a Southern Pines Family Danes puppy is not well suited for the purpose for which said puppy/adult was purchased, a replacement puppy will be provided at no extra charge other than shipping/transportation costs to both return original puppy and to deliver the replacement puppy. In the case of invocation of temperament guarantee, Southern Pines requires the return of the original puppy.
 
Temperament guarantee extends six months from the date the customer takes possession of the original puppy.

Spay/Neuter Agreement

1. Registration with AKC
The Breeder agrees to pre-register the puppy with the American Kennel Club (AKC) in the Breeder’s name prior to transfer to the Buyer. Breeder will retain the AKC registration until the conditions outlined in this agreement are satisfied.

2. Spay/Neuter Requirement
The Buyer agrees to have the puppy spayed or neutered at or shortly after one year of age, as recommended by their veterinarian. The Buyer must provide the Breeder with written proof of the procedure, such as:
 • A signed letter from the attending veterinarian, including their contact information.
 • A copy of the spay/neuter certificate or invoice.

3. Ownership Transfer
Upon receiving confirmation that the puppy has been spayed or neutered, the Breeder agrees to transfer AKC ownership rights to the Buyer. The transfer will be completed within 14 days of receipt of the required documentation.

4. Non-Breeding Agreement
The Buyer acknowledges that this puppy is being sold as a companion animal and not for breeding purposes. Breeding the puppy prior to spay/neuter will constitute a breach of this agreement, voiding any obligation of the Breeder to transfer ownership or AKC registration.