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Stud Contracts

By Lisa M. Curry, Esq.

When planning a breeding, most breeders never quences if it is not paid on time. Merely indicating
think about the legal issues that can become quite the fee must be paid before the litter is registered
problematic—not to mention expensive. Trouble often suffices to ensure payment. Note that, pursuant
begins when a boilerplate contract is used and one to Chapter 3, Section 6 of the Rules Applying to Reg-
or both parties ignore certain clauses or make oral, istration and Discipline, if the contract gives the stud
undocumented changes to the agreement as they go owner the right to refuse to sign a litter registration
along. The better practice is to decide beforehand application until certain provisions are met, the AKC
what the parties truly expect of each other, and to will refuse to process the application until all parties
draft a specific contract for each individual situation. have reached agreement. If the stud owner is to get a
pick of the litter, the contract language should specify
who makes the selection, at what age, and when the
Who Are the Parties? stud owner takes possession of the pup. If there are
multiple stud owners, specify the one person who
AKC regulations require only one stud owner to sign gets to select and take possession of the pick puppy.
the AKC litter registration. But what if there are The contract should state that no puppies will be sold
co-owners who object to the breeding? The AKC re- before the stud owner makes her pick (if she gets
quires a stud owner—any one owner, the AKC does first pick), and that the puppies will be available for
not differentiate among co-owners—to certify that a inspection at a reasonable time. A remedy, such as
stud has bred a dam; once that is done, the AKC will a monetary penalty, should be specified should the
maintain the breeding. It is easy to imagine some of bitch owner not comply. (Perhaps the stud owner
the difficulties that might arise in such a case. (This will not sign off on the litter registration until she
is just another example of why the AKC opposes co- has possession of her pick.) Trying to get a puppy
ownership in general; see “Co-ownership Contracts: back from an innocent family to whom it was sold
When Two’s a Crowd,” GAZETTE, October 2007.) will surely be difficult. Money, if you can get it, will
be your most likely remedy. One stud owner inter-
viewed for this column had contracted for a puppy
Inserting an indemnity clause in a stud contract (as back as her stud fee. When the pups reached 8 weeks,
in other dog contracts) can be very helpful. In this as agreed, she asked to come select her pick puppy
clause, the parties agree who will pay the monetary but was repeatedly told it was “not a convenient
cost of any damages that may occur. For example, time.” Weeks later, when she was finally allowed to
each party may represent that she has the legal right visit, there was only one left: The bitch owner had
to enter into the contract, and that she will reimburse sold all the others. The stronger and more specific
the other parties in an amount no less than X dollars, the clause—and remedy—that a stud owner can put
and pay the others’ attorney fees, should they rely into the contract to avoid such a scenario, the better.
on that representation to their detriment. Stating the
minimum dollar amount of damages, should they
occur, is helpful for its deterrent effect—making the A carefully drafted stud
minimum damages known from the outset—and for
eliminating the need to prove the monetary amount contract helps assure a
of damages if the contract is breached. This gives problem free outcome
peace of mind and helps lessen unforeseen risks. for all involved.

The Stud Fee and Other Considertions
The contract also should state all other fees the stud
The stud fee is often paid in several install- owner can charge—daily boarding fees, transporta-
ments. The contract should specify the date by tion, grooming, and so on—and should state which
which the entire fee is due and detail conse- party will be responsible for costs if the bitch re-
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