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TiaCotons 

“To Love the Coton de Tulear”

Contract of Sale for a Pet/Companion Coton de Tulear Puppy

Between

Purchaser:                                                                   Breeder:                        

Address:                                                                     Address:       

Telephone:                                                                 Telephone:  

E-mail:                                                                        E-maii:

                                                                                 Web Site: 

 

Hereinafter referred to as “the Purchaser”   Hereinafter referred to as “the Breeder”

Pedigree and Registration of the Puppy

 check here if a deposit is paid to reserve unborn puppy, and insert complete information later

Sire:                                                                       Registration #

Dam:                                                                      Registration #

Birth Date:

Sex of Puppy:                                                          Microchip #

Hair Color:                                                                Neutered/Spayed: 

Registry:  American Coton Club                                 Registration #  Pending

The above-indicated Coton de Tulear puppy, to be given the household name of          of TiaCotons, is sold to the purchaser on the         day of              2011  for the sum of $

Declarations, Definitions, Prohibitions, and Warranties

1)       Michelle Miller is a breeder and seller of Coton de Tulear puppies doing business in the State of Washington under the style of TiaCotons.

2)       TiaCotons offers to the Purchaser one puppy under the following warranties, terms and conditions, and the Purchaser agrees to the said terms and conditions.

3)       This agreement and the considerations set forth herein are for the benefit of the dog individually; the Coton de Tulear breed generally; the Breeder; and the Purchaser, and are created by and agreed to by the parties with the object of:

a)       Preventing the exploitation of the individual dog and the Coton de Tulear breed generally through unauthorized and unselective breeding and custodial practices.

b)       Ensuring lifelong care, concern and companionship for the dog.

c)       Ensuring the good reputation and standing of TiaCotons and Michelle Miller

4)       The term “puppy” refers herein to the young dog being the subject of this agreement, and the term “dog” shall refer in this Agreement to the same animal at any age during its life. The terms “puppy,” “dog,” and “the Coton de Tulear,” and any combination of these words herein, shall be understood to refer to the same animal.

5)       The Breeder warrants that the Breeder is the sole owner of the Coton de Tulear puppy immediately prior to the sale. The Purchaser warrants that the Purchaser will be the sole owner of the Coton de Tulear puppy immediately following the sale.

6)       Should this Agreement be executed upon payment of a deposit by the Purchaser to the breeder before the puppy concerned herein is born, it is agreed that the payment (which may or may not be refundable) shall stand for a reservation of a puppy, and it is further understood

a)       That the payment does not convey to the Purchaser any right or option over any puppy in any litter raised by TiaCotons, nor any right except for the return of the deposit under certain circumstances;

b)       The Breeder agrees to inform the Purchaser from time to time of the likelihood that a puppy meeting the requirements of the purchaser will be available and the expected date of possession.

7)       This Agreement contains provisions for the return of the dog to the Breeder or for its adoption by another person designated by the Breeder, and with financial consideration to the Purchaser should he/she a) fail to keep or b) be unable to keep the dog in the manner contemplated herein.

8)       All terms bind heirs, successors, and assigns.  The Purchaser will not bequest the dog to any person in a will without prior Breeder consent and Breeder right of first refusal at time of death of the Purchaser.

General Terms

9)       The singular form of the “Purchaser” and “Breeder” includes the plural.

10)   If any provision of this Contract is held ineffective or invalid, the remaining provisions will remain in full force and effect.

11)   The use of headings or titles in this document is for typographic effect, and does not affect in any way the priority or precedence of the topics.

12)   All understandings between the parties are incorporated into this Contract.  Its terms are intended by the parties as final and an exclusive expression of their agreement with respect to its subject matter, and may not be contradicted by evidence of any prior or contemporaneous oral agreement.

13)   The Purchaser agrees that the warranties offered on this Coton de Tulear puppy are confined to those expressly given under this Contract, and that the Purchaser is not aware of and will not argue for any undocumented or implied warranties.

14)   The parties hereto may from time to time modify, subtract from, or add to this Agreement, and may attach Memoranda of Agreement hereto which, when properly executed, shall become part of the Agreement affecting only the matters to which the Memoranda apply.

15)   The signature page herein provides for two payment dates, the second of which acknowledges full payment by the Purchaser. The Breeder may forward a signed version of this page only to the Purchaser and the Purchaser may attach the page to his/her copy of the Contract.

16)   No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded to such party under this Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach hereof or amendment thereto except as may be specifically agreed in writing.

17)   If any consent or other approval is needed and is provided for in this Contract, such consent or other approval shall not be unreasonably withheld, delayed or made conditional. The Coton de Tulear shall reside at the address stated in [  ] above. Any changes in the Purchaser’s or Breeder’s address must be relayed to the other party within ten (10) days of the change.

18)   This Contract shall be governed by and construed in accordance with the internal laws of the State of Washington and without reference to any rules of construction regarding the party responsible for drafting the Contract.

a)       In the event the laws of the state noted in this Section require any other provisions to be included in this Contract to make this Contract compliant with the laws of the said state, then said provisions shall be deemed included herein.

Detailed Terms and Provisions of this Contract

19)   The Breeder warrants that this Coton de Tulear puppy is a purebred Coton de Tulear and that the pedigree is correct and will be provided to the Purchaser at time of purchase.

20)   The Breeder will cause a microchip ID to be implanted in the puppy, and will convey the number of the ID to the Purchaser. At his/her own expense and with a veterinarian of her own choice Purchaser agrees to have  the Coton de Tulear puppy examined within (5) days of receipt from the Breeder. The Purchaser agrees to notify TiaCotons by telephone or E-mail of the results of this examination within forty-eight (48) hours thereafter. If the Purchaser does not have the Coton de Tulear puppy examined within five (5) days of receipt the Purchaser forfeits any refund or replacement warranties under this Contract.

21)   The Breeder agrees to provide this Coton de Tulear with his/her first set of vaccinations.  Additional vaccinations, (a 2nd and 3rd set) will be provided by the Purchaser.  The Purchaser will provide the Coton de Tulear puppy with his/her Rabies vaccinations as per State regulations. TiaCotons prefers the Rabies shot be given separate from other vaccinations, at least four weeks after the Coton de Tulear’s last puppy vaccinations.

22)   The puppy was examined by TiaCoton’s veterinarian at the age of 8 weeks is warranted to be in good health on the date of delivery. The Breeder agrees to provide a copy of the eight week health examination signed by TiaCoton’s veterinarian.

23)   The Breeder agrees to complete and submit the necessary forms, in a timely fashion, to register this Coton de Tulear with the American Coton Club as required by the American Coton Club Code of Ethics.  The Purchaser understands and agrees that the Breeder has no control over the length of time that may pass before the American Coton Club processes the registration certificate.  The Purchaser and Breeder agree that the Purchaser shall not register this Coton or permit this Coton to be registered with the American Kennel Club (AKC).  Because the parties recognize that precise damages for breach of this provision might be difficult to ascertain, the parties hereby agree that the Purchaser will be liable for damages in the amount of Ten Thousand Dollars ($10,000) in the event of any breach by the Purchaser of this provision of the Agreement.

24)   It is a requirement that the Purchaser must neuter/spay this Coton de Tulear puppy.

a)       The Purchaser will provide the Breeder with proof of neuter/spay within ten days of alteration.

b)       The Purchaser will send the Breeder a copy of the neuter/spay certificate from the veterinarian who performed the procedure on this Coton de Tulear puppy prior to issuance of any registration/pedigree papers.

c)       The Coton de Tulear puppy’s registration certificate will be sent to the Purchaser, from the Breeder, when proof of the neuter/spay certificate is received by the Breeder, from the Purchaser.

25)   Provided that the Coton de Tulear puppy is returned to the Breeder within seven days of purchase, and the Purchaser furnishes a signed statement from a licensed veterinarian with information on a medical problem, a full refund of the purchase price will be given to the Purchaser within 30 days of the return of the puppy.

26)   In this Contract the Breeder cannot be held responsible for possible infectious or non infectious exposure to the Coton de Tulear puppy while in the Purchaser’s custody.

27)   The Purchaser understands that the Breeder has limited information and control regarding the future temperament, habits and appearance of the Coton de Tulear puppy, and hence does not offer a warranty on these subjects.

Payment, Delivery and Domicile

28)   The Purchaser has remitted to TiaCotons a partial payment of $     as a deposit on     and TiaCotons acknowledges said payment.  Deposit may be made by cash or bank draft.

29)   The acceptance of the $      deposit by TiaCotons does not obligate TiaCotons to provide the Purchaser with a dog on or after any certain date, or from any given litter of dogs except at the option of TiaCotons.

30)   Should TiaCotons experience any shortage of dogs, or in the event that the dogs whelped by TiaCotons do not fit the description of the dog contemplated by this Contract, or the description and preferences supplied in advance by the Purchaser (if known) TiaCotons may return the Purchaser’s deposit and such return of deposit shall terminate all responsibilities of TiaCotons in respect of this Contract.

31)   TiaCotons shall advise the Purchaser before the 8th week of the life of the puppy as to the description of the dog to be offered to the Purchaser.

a)       If the dog offered to the Purchaser meets the requirements of the Purchaser as described to TiaCotons, on any date and by any media by which such desires were communicated to TiaCotons, and if the dog offered is sound and in good health and meets the requirements thereon as described above, and the Purchaser refuses to execute full payment under the terms of this Contract, TiaCotons may retain the deposit and the Purchaser shall not contest such retention or maintain any right for the recovery thereof.

b)       It shall be materially established that the Purchaser does not intend to proceed with the purchase if i) the Purchaser explicitly so states, or ii) if seven days pass without communication from the Purchaser to the Breeder on the matter of the closing of the purchase.

c)       In the alternative, and consistent with the provisions of this Contract for reasonable behavior, TiaCotons may at her option return the deposit to the Purchaser, or hold it over for a different puppy in a later breeding, which undertaking by TiaCotons may be established only by the issuance of a Letter of Amendment to this Contract.

The full purchase price of the puppy is $                                .

32)   The full balance owing  $                            dollars is to be paid as follows:

Cash will be paid to the seller at time of delivery.

33)   The domestic address where this Coton de Tulear puppy will reside is:  as above.

34)   The Breeder, (TiaCotons) agrees to refund the purchase price of this Coton de Tulear puppy, less $500.00 within thirty (30) days of purchase/receipt of the Coton de Tulear puppy, provided that the following conditions are met.

a)       The Purchaser notifies TiaCotons of its intent to return the Coton de Tulear puppy within the first seven (7) day period.

b)       The Coton de Tulear puppy is returned in good physical and mental health, at the Purchasers expense to TiaCotons within fourteen (14) days of purchase.

35)   The Breeder agrees to refund 50% (one-half) of the purchase price of the Coton de Tulear puppy, if the Coton de Tulear puppy is returned in good physical and mental health, at the Purchaser’s expense to TiaCotons within thirty (30) days of purchase.

36)   It is the Purchaser’s responsibility to return the Coton de Tulear puppy to the address where it was whelped. In the event the Purchaser returns the Coton de Tulear puppy to TiaCotons via air or surface transportation, the Coton de Tulear puppy is not to be placed in cargo.  If this Coton de Tulear is ever returned to the Breeder for any reason, all shipping charges are the Purchaser’s responsibility.

37)   The parties agree that TiaCoton puppies will not be shipped by air or surface cargo and will be accompanied by a responsible adult when traveling. The Purchaser may make arrangements with the Breeder for possession of the puppy.  If TiaCotons delivers the Coton de Tulear puppy to the Purchaser a non-refundable delivery charge will apply depending on the distance and travel expenses.  Delivery fees will be agreed upon prior to delivery by TiaCotons.

38)   This Coton de Tulear puppy is to be accompanied by a responsible adult in the passenger section of the airplane, bus or other conveyance during any transport throughout the lifetime of the dog.

39)   This Coton de Tulear dog is warranted only for the purpose of being a companion animal.  While it may be capable of performing other functions, no warranty is given as to its fitness for any special purpose.

Care and Treatment of the Coton de Tulear Puppy

40)   The Purchaser agrees to provide the puppy with humane care, and to maintain it in accordance with all current and future state, county and municipal laws and ordinances where the Purchaser resides or will reside.

41)   The Purchaser shall provide the Coton de Tulear puppy with necessary veterinary care upon sickness, disease, or injury, and shall take the Coton de Tulear puppy to a veterinarian at least once a year for a health examination.

42)   TiaCotons will not be responsible for the cost of any veterinary consultations, surgery, boarding or other health-related expenses.

43)   Heartworm medication, flea and tick protection will be administered as specified by the Purchaser’s veterinarian.

44)   Notwithstanding any provisions in the Contract, this Coton de Tulear is to be kept as a house pet and personal companion only.  As a consideration in the decision to accept the deposit on the puppy from the Purchaser, the Breeder received and deliberated on certain material assertions made by the Purchaser as to the lifestyle and habits in their home, and which the Breeder requires to persist for the well-being of the dog.

45)   The Purchaser will not permit the puppy to remain outdoors except in the company of himself/herself or another responsible adult.

46)   The Purchaser agrees to not confine the Coton de Tulear in a crate or other restricted residential space for regular, long periods of time. For the purposes of this clause “a long period” shall mean any period beyond the endurance of the dog for physical relief and movement, or which results in the boredom, detachment, depression or restlessness of the dog.

47)   The puppy shall not be tied by any leash, chain, wire, or cord as a method of control or confinement, whether indoors or out. When the Coton de Tulear is outdoors, the Purchaser agrees to keep the Coton de Tulear within a secure fenced area and not to permit this Coton de Tulear to run loose or roam.   If there is no fence then the puppy will be kept on leash and not be left alone.

48)   The Purchaser agrees not to allow the puppy off-lead except in a safely enclosed area.

49)   The Purchaser agrees that an invisible or electronic fence is not suitable protection/containment for a Coton de Tulear and shall not be used to contain or protect this Coton de Tulear.

50)   The Purchaser agrees to not de-bark this Coton de Tulear puppy.

51)   It is a condition of this sale that the Coton de Tulear will be kept in the Purchaser’s own living quarters. Specifically, the Coton de Tulear will never be kept in a utility space, as herein defined:

a)       For the purposes of this Agreement a “utility space” shall mean any nonresidential space including but not limited to a garage, workshop, shed, outbuilding, dog-house, farm building, uninhabited structure, basement, or any similar location by whatever name, which is not the ordinary residence of the purchaser, unless and only during the times when the Purchaser shall be present there on his/her own business.

52)   The Coton de Tulear will not be trained for or used as an attack dog or as a guard dog for people, animals, or property, but this clause shall not be construed to apply to watch-dog activities consistent with the dog’s natural and spontaneous behavior so long as the dog is not encouraged to contact any other person or animal.

53)   The Purchaser agrees to feed a healthy diet to this Coton de Tulear. The Breeder agrees to supply diet information consistent with her own knowledge and practices. The Purchaser agrees that excess weight in a dog is detrimental to long-term health and agrees to keep the Coton de Tulear at a suitable weight.

54)   The Purchaser agrees that the Coton de Tulear will receive regular exercise.

55)   Within six months of the receipt of the puppy, and at the Purchaser’s expense, the Purchaser is: a)  required b)   is not required to enroll in a dog training class.  The Purchaser will: a)  provide b)  not provide a certificate of completion to the Breeder.  The parties agree that all training will be “positive reward training” and without using punishment techniques.

56)   The Purchaser agrees to not leave the Coton de Tulear unattended as follows:

a)       While near a swimming pool or other body of water where there is potential for the Coton de Tulear to drown;

b)       In a vehicle, regardless of the ambient temperature or any other consideration;

c)       In the company of any other animals, whether on a farm, in a “dog park” or other off-leash area;

57)   The Breeder asserts that the Coton de Tulear is a long-coated dog and that it requires regular bathing and brushing. No representation has been made by the Breeder that the Coton de Tulear breed in general or the puppy in particular is a low-maintenance dog, and the Purchaser agrees to devote time and effort to the grooming of the Coton de Tulear.

Obligations on Material Change in Custody, and Health of the Dog

58)   The Purchaser agrees to contact the Breeder should the Purchaser a) decide to part with the Coton de Tulear or b) when he/she if forced to part with it for any reason whatsoever.  By this agreement the Breeder is granted the right of first refusal for the purchase of the dog at that time. The purchase price of the dog to be paid by the Breeder shall be no more than the one half the original purchase price of the said Coton de Tulear.

59)   Only under a Special Signed Agreement between the Purchaser and the Breeder, would the above dog be resold/placed directly to another party via the Purchaser. At this time the Breeder would contact the new potential owner(s) for references and will present a copy of a new contract for reviewing and agreement. Under no circumstances the above dog should be transferred before the new potential owner(s) has agreed to the stipulations of the contract.

60)   In the regrettable event of serious illness, disability or death, which would render the above Purchaser not to be able to properly care for the dog, the Breeder will be informed immediately. At time of purchase, family member(s) or a close friend will be made aware of this contract agreement.  If the Purchaser is no longer able to care for the Coton de Tulear at the level specified in the agreement the Breeder will provide the Purchaser with written notice explaining in detail how the Purchaser has failed to care for the Coton de Tulear at the level specified in this agreement.  If the Purchaser does not cure the failure within 30 days of receipt of such notice, the Breeder may repossess the Coton, or in the alternative the Breeder will assist with appropriate placement of the Coton de Tuelar, and will do everything within her power to locate an approved home for the Coton.

61)   If the Purchaser wishes to relinquish the Coton, for whatever reason, other than a hereditary/genetic defect, to the Breeder, then there will be no refund of the purchase price of the Coton.  The Purchaser will return the Coton to the Breeder in good health.

62)   The Purchaser agrees to contact the Breeder at all times when the Coton de Tulear has been seen by a veterinarian for any purpose other than routine examinations, inoculations, and standard prophylactic medications.

63)   The Purchaser agrees to provide a report of the puppy’s progress, with photographs, by the Coton’s first birthday.  Such a report may be filed by email and with digital pictures, provided that the health and condition of the dog be clearly visible.

64)   The Purchaser agrees to contact the Breeder not less than annually thereafter, and to report and share with the Breeder the Coton’s progress and development in life.  The Breeder agrees to advise and assist the Purchaser according to her best efforts.

65)   The Breeder has the right to visit (with at least 30 days' prior written notification) the Purchaser to determine if the Coton is being cared for as specified in the Contract, and the breeder may appoint any other person or organization as her agent for such visits.

66)   The Purchaser agrees that this Coton de Tulear shall never be used for experimental or research purposes, nor shall it be trained in any unnatural behavior.

67)   The Purchaser agrees that this Coton de Tulear or its progeny, if any, will

a)       Not be placed or sold to any person or entity, including but not limited to a veterinarian, puppy-mill, pet store or broker for the purposes of adoption, resale, or other disposal;

b)       Never be placed or surrendered to any animal shelter, whether operated by a humane society or otherwise, and that they will not be abandoned in any location;

c)       The Purchaser agrees that failure to abide by provisions [58,59,60,66,67a,67b] of this Contract will void this Contract, and will cause the reversion of the rightful possession of, and title to, the Coton de Tulear and any offspring to the Breeder;

d)       The Breeder shall trigger the recovery of the dog by issuing a Notice of Repossession to the Purchaser, after which the Breeder is entitled to immediate possession of the dog and its progeny if any, and of any registration certificates, including the right to apply for amendments thereto reflecting the repossession.

e)       When ownership is so transferred, any right to a return of any portion of the purchase price to the Purchaser, as otherwise provided herein, is forfeited along with any expenses remitted by the Purchaser, and the Coton de Tulear’s registration certificate will to be signed over to the Breeder or to any person she designates.

f)        In addition to which, the Breeder shall be entitled to a copy of the veterinary records of the dog, and the presentation of a copy of this Contract and a copy of the Notice of Repossession shall be sufficient authority for the veterinary practitioner(s) having treated the dog to supply such copy or copies to the Breeder;

68)   Any breach of 58,59,60,66,67a,67b or any transfer of any title or partial title to the Coton de Tulear contrary to the terms of this Agreement, or any attempt to make such a transfer should the attempt come to the notice of the Breeder, shall without further process render the Purchaser liable for $10,000.00 in penalties, payable upon demand by the Breeder.

69)   In the case of a life threatening HEREDITARY DEFECT or problem arising from a GENETIC NATURE or a condition which causes the puppy to die or be euthanized during the first year, or if something goes wrong with the Coton due to treatment that was prior to purchase, a replacement Coton of equal quality will be provided to the Purchaser as soon as one becomes available.  To receive the replacement, the Coton must be returned or a certified death certificate must be provided to the Breeder.

70)   Any condition that is minor, correctable, or a breed related minor condition is not guaranteed and no condition that would go away, or is considered to be a condition which a puppy will grow out of will be covered by this health guarantee.

71)   The Breeder does not accept responsibly for contagious diseases diagnosed after seventy-two (72) hours from the date of possession.

72)   Heat stroke, exhaustion, dehydration and other heat related conditions are not guaranteed in any way.  Remember that a Coton can over heat quickly and easily and may die as a result of over heating.

73)   The death, injury or loss of said Coton due to theft, carelessness, recklessness, abuse, neglect or accident will not entitle the buyer to any compensation from the Breeder and is not guaranteed by this contract.

74)   No other warranties are expressed or implied.

75)   The Breeder reserves the right to obtain further opinions in the case of x-rays, eye and/or other examinations to clarify the heritable condition.  Obtaining additional opinions will be the responsibility of the Breeder.  The Breeder may request to have any reports or x-rays mailed or shipped to the Breeder’s veterinarian.  Under no circumstances will TiaCotons be responsible for the cost of any of the Purchaser's veterinarian bills for any reason whatsoever, nor will TiaCotons be responsible for the cost of surgery for any reason whatsoever.

76)   A life threatening hereditary defect with an inherited origin must be confirmed in writing by two (2) board certified veterinarians (or, in the case of genetic idiopathic aggression, two (2) qualified veterinarians and a professional behaviorist).  The confirmation in writing will be provided to the Breeder, who agrees to select at her option one of the following remedies:

i)         Replace the Coton de Tulear with a similar or nearly similar Pet/Companion Coton de Tulear puppy (comparison based upon the original Coton purchased), using her best efforts to designate a puppy from the next mating that follows the confirmation of the serious health defect as defined;

(1)     At the option of the Breeder the replacement Coton de Tulear may come from a different mating than that of the original Coton de Tulear in this agreement;

ii)       Notwithstanding the obligation of the Breeder to remedy a condition as described above, the Purchaser shall hold the Breeder harmless for any injury to any persons or damages to any property caused by this Coton de Tulear, and noting in this agreement creates or enforces any liability by the Breeder for the behavior of the puppy.

iii)      The Breeder reserves the right to refund the Purchaser the original purchase price less the deposit of $500.00 within 60 days of return of the puppy should the breeder decide not to place another puppy with the Purchaser.

Representation

77)   The Purchaser agrees not to publish or to disseminate in any fashion or to any person the registered name and registration number of the puppy, and agrees to refer in public to the dog only by the household name assigned to it.

78)   As to the ancestry and origin of the dog, the Purchaser shall in public refer to it as a “TiaCotons” Coton de Tulear.

79)   The Purchaser agrees that the form and content of this Agreement are the work and intellectual property of Michelle Miller, and agrees not to copy or disseminate this agreement wholly or partially to any person, except to an attorney under confidentiality provisions. If this Contract is not executed between the parties the person originally standing or intending to stand in the role of Purchaser agrees to destroy their unexecuted copy of the Contract and to remove the electronic version(s) from any media in their possession.

Breeding Prohibited

80)   Notwithstanding any requirements in this Agreement for spaying or neutering, should the Coton de Tulear be used for breeding contrary to the terms of this agreement, or in the event that the Purchaser engages in any fraud relative to the name and breeding of the dog, such as but not limited to assigning the name of the dog to another dog for fraudulent purposes, a $10,000.00 penalty representing liquidated damages shall be payable by the Purchaser. The duty to pay the damages shall be binding upon the Purchaser, and title and possession to the dog and progeny shall revert to the Breeder.

Conflict Resolution

81)   Mediation.  Purchaser and Breeder agree to mediate any dispute or claim arising between them out of this Contract, or any consequential transaction, before resorting to arbitration or court action.  Mediation fees, if any, shall be divided equally among the parties involved.  If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.  This mediation provision applies whether or not the arbitration provision in paragraph [  ] is initialed.

82)   Arbitration.  If initialed below, Purchaser and Breeder agree that any dispute or claim in law or equality arising between them out of this Contract, which is not settled through mediation, shall be decided by neutral, binding arbitration.  The arbitrator shall be a retired civil judge or justice, or an attorney, unless the parties mutually agree to a different arbitrator, who shall render and award in accordance with the laws of the State with the jurisdiction over this Agreement. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction, and the parties shall have the right to discovery in accordance with the State’s civil code. Breeder’s initials ______/_______  Purchaser’s initials _______/______

83)   With the exception stated in Paragraph [  ] in any action, proceeding, or arbitration between Purchaser and Breeder arising out of this Contract, the prevailing party shall be entitled to reasonable attorney fees, costs, and penalties from the non-prevailing party.

By signing this Contract of Sale the Purchaser acknowledges having read this Contract in its entirety and understands and agrees to all terms and conditions within this Contract.

This Contract is first signed this  ______day of ______, 2011

Full Payment is acknowledged by the Breeder on the _____ day of _____, 2011

________________________                       ____________________________

Breeder -  Michelle Miller                               Purchaser