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quires veterinary services while at the stud owner’s owner prefers progesterone testing to the neighbor’s-
kennel. Any other benefits for the stud owner should dog method for accurate predictions, she should so
be explicitly stated too, such as the right to have her specify in the contract. If shipped sperm or artificial
kennel name in the offspring’s names, the right to insemination are used for the breeding, the contract
purchase further pups from that litter, or any condi- should provide that the parties will follow all the
tions on sale of the puppies. Be aware that overbear- AKC rules and manufacturer recommendations,
ing clauses can squelch stud business: Be careful to and that the veterinarian employed will be properly
distinguish between what you deem essential prac- licensed and trained in the required procedures.
tices versus mere preferences.

Shipping

The contract should set forth who is responsible for
the bitch at each point in her journey to, from, and
at the stud-owner’s kennel. It also should clarify who
is liable if she causes any damage, such as injuring
the stud dog or biting a person on the stud owner’s
premises. Again, use of an indemnification clause
will help clarify the parties’ respective responsibilities
and liabilities. Finally, where the bitch is co-owned, Outcome Expectations
the stud owner should require the contract to specify
the one person to whom he is to return the bitch at How is a litter defined for purposes of the contract?
the conclusion of the breeding. It depends on your specific situation, including the
breed of dog and average litter size. Some breed-
ers define a litter as “one live puppy at birth.” Your

Requirements for Breeding agreed-upon definition may be different, but make
sure both parties do completely agree. If there is no
The stud owner may want the bitch to have certain resulting litter most stud contracts provide for repeat
health clearances prior to breeding. If so, she should service, but this can be problematic. Will service be
inform the bitch owner in plenty of time to have the provided only for the same bitch who was presented
tests performed. The stud owner should anticipate the first time, or for any bitch? Must she be owned
that the bitch could be sent without the required by the same owner? If it’s the same bitch, must health
testing anyway, although setting forth consequences tests be repeated? Can another stud provide the
for this in the contract might make it seem to be ac- repeat service? The contract should take into account
ceptable. Instead, if the bitch shows up untested, you that an older dog may not be able to fulfill his end
might inform the bitch owner that you do consent of the bargain when the time comes. If the sperm
to the breeding but that you will modify the contract is from a deceased dog, the contract should make
according to this new situation—or else the bitch it clear that a repeat breeding may not be provided
won’t be bred. You might then rewrite the contract to or even be possible. If repeat breeding is promised,
clarify that you will conduct the necessary tests at the specify that sufficient frozen sperm is available.
bitch owner’s expense, or that you can opt for a mon- And clarify how many repeats are offered before
etary fee instead of a puppy should you have health the contract is terminated. This column provides
concerns after you evaluate the litter. For natural a brief overview of some of the complicated issues
breedings, the contract should specify who will man- that can arise in stud contracts. Careful drafting of
age the breeding and any conditions on how many the contract, with input by all parties, helps assure
ties will be performed, how many days apart, and so everyone obtains the outcome they expect without
on. The trouble with promising a certain number of the problems that can often be avoided with a little
ties is that this can depend on where the bitch is in forethought.
her season when she arrives—a factor under the sole Lisa Curry breeds and shows West Highland White
control of the bitch owner. One owner of a noted and Toy Fox terriers. More information about her dog-
stud dog was approached by a bitch owner who pro- law practice is available at lawfordogs.com.
fessed he’d know when his bitches were ready to be (This article first appeared in the April 2009 AKC
bred, because the neighbor’s dog would come sit on Gazette and is reprinted with permission. To read the
his front porch on exactly the right day! If the stud online Gazette, visit www.akc.org/pubs.)
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