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Topic Dog Boards / Breeding / Contract wording for endorsements
- By tiegold [gb] Date 07.03.11 15:28 UTC Edited 07.03.11 15:31 UTC
I am currently reading my puppy sales contract and 'tweeking' it where needed and was just wondering what everyone puts in theirs about the puppy being endorsed?
Im just wondering how to word it correctly, I will of course also explain the endorsements to the owners at 4 weeks old when they come and when they leave but I want it to be right in the contract too

Amy

ETA do you bother endorsing the puppy that you will be keeping or do you do it anyway?
I have never had to lift an endorsement so Im not sure how easy it is to do? Does it literally just take a letter to KC stating that as the breeder you want the endorsements lifted of a certain dog? Also, how long would it usually take for them to lift an endorsement?
- By Merlot [ir] Date 07.03.11 15:57 UTC
Hi This is the bit in my contract for the endorsements. Hope it helps. You MUST make sure it is signed seperatley to the contract and you MUST make sure they new owners have had time to read it properly.

2. The puppy is subject to two endorsements on its KC reg. Under Kennel club regulations there are two endorsements that may be placed on a dogs record. This dog is subject to both endorsements

      A. Progeny not eligible for KC reg
      B. Not eligible for issue of export pedigree.

Endorsements can only be lifted by the person who placed them and that person (The Breeder) would need to send a written and signed instruction to this effect to the kennel club.
We understand the breeder would, upon us fulfilling the following criteria, lift one or both of these endorsements.

A, If the endorsement concerning registering of puppies is to be lifted then the parents must have had elbow and hip ex-rays that are within the breed average scores and any health checks that may become available in the future, and must have acceptable temperaments and be of sufficient breed merit (I would need to see this puppy shown at championship show level and perform well before lifting the endorsement) to justify the breeding of a litter of pups.

B, The endorsement covering export will only be lifted on the breeders terms if happy with the reasons for exporting a pup out of the country i.e. emigration of the family, or showing purposes.

We/I Have been given time to read and understand the requirements for the lifting of the endorsements.

Signed............................................Date:-............
Aileen
- By Goldmali Date 07.03.11 16:01 UTC
All you do to lift an endorsement is send a letter to the KC and tell them the details of the dog (name, breed, reg number) etc and you will get a letter back within a week normally, saying the endorsement has been removed. I last did it in February.

The part in my contract about endorsements was actually worded by a dog breeding solicitor -I'll copy it below. Obviously my only change has been to make breed specific details about hip scores etc.

3. The Buyer acknowledges  that the Kennel Club  registration of the Puppy  is subject to two Endorsements  and  accepts that  these  are  to safeguard the welfare of  the Puppy and any progeny.

4. In a suitable case  the Breeder will at his reasonable  discretion   apply to  the Kennel Club to lift the "Not Eligible for issue of  Export  Pedigree " at    no further cost to the Buyer.

5. The Breeder  gives  no warranty nor makes any representation that the Puppy will be fit for breeding. The Buyer acknowledges that a puppy bitch should not be mated before her second birthday. The Breeder will, however, apply to the Kennel Club at no further cost to the Buyer to lift the "Progeny not  for Registration" Endorsement subject to receiving BEFORE the mating  copies of satisfactory hip scores (not significantly above the Breed Mean Score of 9) and clear eye  test  certificates  for  EACH   intended parent.
- By Brainless [gb] Date 07.03.11 16:13 UTC

> ETA do you bother endorsing the puppy that you will be keeping or do you do it anyway?
> I have never had to lift an endorsement so I'm not sure how easy it is to do? Does it literally just take a letter to KC stating that as the breeder you want the endorsements lifted of a certain dog? Also, how long would it usually take for them to lift an endorsement?


I always endorse every pup.

I just had Inka to the USA for mating in December, had some complicated paperwork to do to make sure the pups are shown as DNA hereditary clear etc, stud dogs registraion and pedigree etc, and what did I have on Friday a letter telling me the bitch was still endorsed!!!! 

It does only take a letter to get it removed, which I have sent off in hard copy and also scanned to them, so they can finish the registration process ASAP. 
- By rabid [gb] Date 07.03.11 17:16 UTC
I've just finished our contracts and they say this:

SECTION 7:  ENDORSEMENTS

Under KC regulations, there are two endorsements that may be placed on a dog's record by a breeder.  One restricts registration of any future offspring (progeny) and the other prevents the issue of an export pedigree.  These endorsements are intended to protect the Dog and the breed. 

The Dog is subject to the following KC endorsements: i) Progeny Not Eligible for Registration; ii) Export Pedigree Not Allowed.

Endorsements can only be lifted by the Breeders, through a signed instruction to the KC.

Condition which would need to be met for endorsement (i) to be lifted:

1) Proof that the Purchaser(s) are moving or have moved abroad.

Conditions which would need to be met for endorsement (ii) to be lifted:

[There follows several numbered points, from health tests to conformation requirements and basic working ability.  Won't copy these as they are breed-specific really.]

The Breeders will not charge the Purchasers for lifting endorsements.  Endorsements will be lifted free of charge, providing the above conditions are met.

DECLARATION BY PURCHASER(S):

I/WE confirm that I/WE have read and had a full explanation of all the detail and meaning of SECTION 7:  ENDORSEMENTS prior to purchase and I/WE fully understand its purpose and reason.

SIGNED (PURCHASER(S)):
- By Brainless [gb] Date 07.03.11 21:49 UTC
That is not strictly true the endorsements can be placed by the owner of the dog/bitch/puppy while in their physical possession, and  this person can remove it.  This person does not need to be the breeder it can be any owner along the line.
- By rabid [gb] Date 07.03.11 22:32 UTC
Thanks Barbara - in this instance though, the Breeders refers to us (named at the top of the document as in legal docs) and in this instance, it is true - only we can remove it.  (It doesn't mean 'breeders' with a small b, in which case as a general statement, you're right it's not true.)
- By JeanSW Date 07.03.11 22:48 UTC

> ETA do you bother endorsing the puppy that you will be keeping or do you do it anyway?
>


Without exception I endorse the whole litter.  Even when you have decided which pup to keep, you still have no guarantees that it will be suitable for breeding. 

The first time I wanted to lift restrictions on a bitch that I had kept, I phoned the KC and they asked me to put it in writing.  I sent a letter first class, and received confirmation in just over a week.
- By WendyJ [gb] Date 07.03.11 22:49 UTC
Here's the relevant section in my contract. 
____

This puppy is being sold with the following endorsements on its registration:

*  Progeny Not Eligible for Registration
*  Not Eligible for Export Pedigree

Please refer to The Kennel Club website (http://www.thekennelclub.org.uk) for full definition of these terms.   Both endorsements will still permit this dog to fully participate in all Kennel Club approved competition. 

The 'Progeny Not Eligible for Registration' endorsement denies registration privileges to any offspring of this dog, and is the Breeder's confirmation that this dog is intended as a family pet and is not purchased for breeding. 

The 'Export Pedigree' endorsement means that The Kennel Club registration may not be transferred to another country's registry. 

Either of these endorsements MAY be lifted at the Breeder's discretion at a later date if circumstances change.  The 'Registration' endorsement will only be lifted PRIOR to any mating, and only after the Breeder has had a chance to evaluate the dog/bitch and has been consulted regarding the decision of the mate.  The endorsement will NOT be lifted if a mating has already taken place.

____

Because it's on the first page of the contract, and the contract signature is on the last page, I actually asked the buyers to initial the endorsements as proof they'd read it (not that I didn't trust them, but it's a double check as someone could always claim later I'd swapped out the pages).
- By Ghost [gb] Date 07.03.11 22:58 UTC
Hi Aileen,

I would like to see your full contract , the part about the endorsements seems great.
Would any one be able to email me a contract ? trying to come up with my first - its scary !
zoeandsaul@ntlworld.com
- By WendyJ [gb] Date 08.03.11 00:36 UTC
Zoe - I'll send you mine.  It's tailored to my breed, but I looked through a ton of contracts (most from the States) and took from them what I felt the most important things were and put them into mine.  I have to say I was gobsmacked at how utterly controlling some of the contracts were!!
- By Ells-Bells [gb] Date 08.03.11 07:02 UTC
Because it's on the first page of the contract, and the contract signature is on the last page, I actually asked the buyers to initial the endorsements as proof they'd read it

I have a seperate document for the Restrictions to make doubly sure new owners have read and understood it as well as having a signature specific to the Restrictions.

(not that I didn't trust them, but it's a double check as someone could always claim later I'd swapped out the pages).

Unfortunately we never know our new owners that well although we trust them with one of our precious puppies but hope they would act responsibly, one can never be 100% certain so better to make sure your paperwork is water tight initially as you cannot ammend it later.
- By Keesy8 [gb] Date 08.03.11 07:24 UTC
6.  The xxxxxxx described above is sold as pet quality and is not guaranteed to be free of any show-disqualifying faults nor guaranteed to be of such quality when grown as to warrant breeding from it.  Therefore all pet quality Kxxxxxx sold by the breeder come with the following restrictions

Progeny not eligible for registration.
Not Eligible for Export Pedigree

7.  Purchaser further agrees that this xxxxxxxx will not be used for breeding:* Before the age of 2 years before the breeder has assessed its breeding quality when the breeding   restrictions can be lifted, this will only be done on breeder receiving copies of all tests available whether voluntary or compulsory available to the breed at the time*.
Any purchaser who moves out of the UK permanently and supplies documentary evidence will have is endorsement of export removed.  All members of the armed forces will automatically have this endorsement removed on production of his service I.D card.

Purchaser further agrees that all mating* will be put through the Kxxxxxx epilepsy scheme run by the Kxxxx Club.  Only matings which fall below the 26% will be acceptable any mating which is above this is unacceptable and therefore should not be done. 
Purchaser further agrees only to use PHPT Negative (either by test or Decent) dogs/bitches in their breeding program.
These are conditions of the lifting of the Endorsements


this is what I have in my contract, then the buyer signs every page. plus the receipt is worded to say they understand the Endorsements

The Purchaser on signing confirms that
*  They have read and understand the attached puppy sales contract
*  The purchasers have been shown where available and have had the ENDORSMENTS on the registration certificate explained to them and accept them accordingly.
*  The purchaser understands that although every care has been taken in the breeding of the puppy, no guarantee can be given as to the puppy being totally free from any inherited problems, which are not present and pointed out at the time of sale
*  They understand that if the registration documents are not available they will be forwarded

----------------------------------------------------------------------

I have only ever once needed to send it to the KC when a pup I sold was sold on, the new owners had brought the dog hoping to use it at stud the KC in this case confirmed the endorsements would stay as the wording was there both in the contract with previous owners and the receipt it was unfortunate that the dog had been passed on without the new owners knowing. 
Karin

edited to remove breed
- By tiegold [gb] Date 08.03.11 11:53 UTC
Fantastic, thanks to everyone for your replies. I would also like to look at other contracts so would you mind sending me a copy aswell, just to make sure I havent missed anything in my own, many thanks

Amy_t2006@hotmail.co.uk

Amy
- By WendyJ [gb] Date 10.03.11 18:34 UTC
Amy, sending it now :)
Topic Dog Boards / Breeding / Contract wording for endorsements

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