Agreement entered into this ____ day of                , 2010, by and between Kerschberger of Santa Fe, NM - 5 Bisbee Crt Ste 109-1 (hereinafter called Kerschberger) and CUSTOMER NAME of customer address, hereinafter called Foster Home:

Whereas, Kerschberger currently owns a pure bred German Shepherd fe/male the dog having a registered name of the dogS NAME (AKC registration number ###########), hereinafter called the dog, and Kerschberger desires to transfer Foster Homeship the dog to Foster Home under the following terms and conditions, and subject to the rights retained by Kerschberger as stated hereinafter; and

Whereas, Foster Home desires to have enjoyment of the Kerschberger German shepherd fe/male dog subject to the terms and conditions stated hereinafter;

NOW THEREFOR, it is agreed as follows:

1. Foster Home POSSESSION OF the dog: Kerschberger does hereby transfer enjoyment and possession but retains ownership rights, title, and ownership of the dog subject to the terms and conditions and subject to the rights retained by Kerschberger as stated hereinafter.

2. BREEDING RIGHTS: Kerschberger does retain the exclusive lifetime breeding rights to the dog, and Kerschberger shall have the right to breed the dog at any time, and as many times as Kerschberger may choose.

3. OWNERSHIP OF PUPS: Kerschberger shall be entitled to all right, title, and Foster Homeship of the pups produced by the dog.

4. CARE OF the dog: Foster Home shall be solely responsible for the proper housing, medical care, training, and maintenance of the dog at all times including but limited to the times during which she is pregnant (if female). Foster Home agrees to follow the AKC good citizen guidelines for their the dog.

5. BREEDING OR NEUTERING BY Foster Home: Foster Home shall be prohibited from breeding the dog or having the dog neutered without the express written consent of Kerschberger. In addition, Foster Home shall, at his own expense, have the dog spayed/neutered if male, upon the written request of Kerschberger, and Kerschberger shall thereafter be given written documentation of such sterilization. All rights that Kerschberger may have under this contract pertaining to the dog shall terminate upon the receipt of such documentation.

6. LIABILITY: Foster Home shall be solely responsible for any damage or injury that may be caused by the dog. Foster Home releases Kerschberger from any liability, and holds Kerschberger harmless relating to any damage or injury caused by the dog.

7. TRANSFER OF the dog: Foster Home is prohibited from selling, transferring, or adopting out the dog without the written consent of Kerschberger. 

8. Once the dog is no longer needed for breeding ownership will be transferred to Foster Home. 

9. BREACH OF AGREEMENT: Foster Home shall be deemed in breach of this agreement for any of the following actions:

A. Foster Home denies Kerschberger access to the dog for purposes of breeding, or in any way hinders or attempts to prevent such breeding.

B. Foster Home neuters the dog without the written permission of Kerschberger.

C. Foster Home fails to properly care for the dog, or fails to follow any recommendations made by Kerschberger regarding the proper care of the dog.

D. Foster Home fails to perform any of the other duties as set forth in this agreement.

E:  Foster Home moves further than 2 hours driving from Santa Fe NM while contract is still in effect and does not discuss this with Kerschberger for agreement. 

10. DAMAGES: Kerschberger shall have the right, upon the breach of this agreement by Foster Home, to sue for actual damages, or request equity remedies including but not being limited to regaining Ownership of the dog. In addition to such rights as Kerschberger may have by law or equity, if Foster Home has breached this agreement, Foster Home shall pay, as and for liquidated damages, an amount of money equivalent to the value of Five (5) breedings for a breeding male and said value being $1,000.00 per breeding at the time of execution of this agreement.

The value of the litters with regards female Fostered dogs and liquidated damages shall be determined at the time of the Foster Home’s breach. Foster Home agrees to pay all legal fees should Kerschberger need to seek legal damages

11. AMENDMENT OF AGREEMENT: This agreement can be amended only by a subsequent written agreement between the parties.

12. ENFORCEABILITY: This agreement is binding upon the heirs, successors, assignees, and representatives of both of the above named parties.

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CUSTOMER NAME

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Kerschberger.com