Breeding loan

[SnowShredder]

I know many people are against breeding loans, and if you are go ahead and state your reasoning why. No need to be rude though, I understand the risks involved and am looking for feedback on my contract. If you think I should add/change/remove anything please let me know what and why you think that.



I, Leslie *****, will hand over my male hypo hog island boa (hypo bci x hog island bci) AKA KENAI to James ****** by December 1^st 2013 as a temporary breeding loan for his normal Columbian bci female.

Kenai is a docile boa, but if for any reason James is injured by my snake, I am not held liable.

James guarantees that his female is 100% healthy. If that turns out not to be true and Kenai contracts a disease or illness from the female then James will be held liable. This includes illnesses such as IBD and other contagions. This does not include things such as tumors or abscesses as they are not contagions.

I guarantee that Kenai is 100% male. I guarantee his genetics. I guarantee that Kenai is 100% healthy, with no illnesses or diseases, and has no mites. He has no scarring on his body and sheds in one full perfect piece every time.

If Kenai were to become ill or injured because of lack of care or neglect then James will be held liable. This includes burns from an uncontrolled heat source. If Kenai were to contract mites while in James’s care then I will provide the correct medication and instructions.

James will be in control of the breeding, and while Kenai is not with the female he will be provided proper caging, heating, feeding and cleaning.

I will provide enough frozen medium rats for the duration of Kenai’s stay. Kenai will be fed one medium rat every 10 days, unless he refuses food. At that point James will try feeding again at the next 10 day period and no sooner.

If Kenai were to become ill or injured, James will immediately take him to a local exotics vet, and immediately contact me. I will reimburse any and all vet costs. If the amount of that were to total over $200 then I must receive another call before moving forward.

Kenai will receive a “break” from the female for at least 4 days out of every 2 weeks. That entails moving him into a separate appropriately sized enclosure with proper heating feeding and cleaning.

If for some reason James can no longer take care of Kenai then the breeding loan has ended and Kenai will come back into my care.
James will update me periodically on how the process is coming along and will consult me if any problem arises.

Kenai will stay with James until his female is 100% without a doubt gravid. Kenai may stay with James up until the female gives birth if that is preferred by either party. If after 1 year (by December 1^st 2014) no babies are produced then this breeding loan is nullified and Kenai will immediately come back into my care.

Once babies are born they will immediately be removed from the mother by James and placed into a second container with proper heat and humidity. If it is decided that James will hold onto the babies until they are feeding well (up to 2 months post birth) then each baby must be given a separate enclosure. If it is decided I will start the babies then they will be given to me at any time after the birth but no later than 2 weeks post birth.

If the female slugs out then I am not held liable and both parties walk away with nothing. If only 1 baby is produced then either I keep the baby or James pays me the amount of the value of that baby. If only 2 babies are produced then James will have the pick of which one he wants to keep and I will get the other.

If more than two babies are produced James will have pick of the litter, UP TO two babies. Any and all babies besides James’s two picks will be my property and I will have full ownership.

Because of Kenai’s genetics, ALL babies will be 25% hog island boa. Approximately half of the babies will be hypo, and the other half normal. This is not guaranteed because of the variability within probability.

By signing this contract, both parties are bound in agreement to the terms listed here.


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[bcr229]

I would add a quarantine period of at least 60 days for both the sire and dam before breeding, and while being paired they should remain isolated from any other snakes as well.

I would state that Kenai is not to be paired with any other females.

I would specify which exotic veterinarian(s) are to be contacted if emergency treatment is needed, but I'm lucky enough to have several available and I do have preferences.

[Neal]

It's a great idea to have a breeding loan contract but without it being notarized and both parties signing, it's rather pointless unless for your comfort.

I know this because my friend loaned his sister a fair bit of money and had her sign a contract to pay him back and how much a month it was going to be. It was notarized and all but she never paid him back and there wasn't even much he could do. So while I wouldn't write up a contract personally but I would only do a breeding loan with a select few people that I trust.

[SnowShredder]

I would add a quarantine period of at least 60 days for both the sire and dam before breeding, and while being paired they should remain isolated from any other snakes as well.

I would state that Kenai is not to be paired with any other females.

I would specify which exotic veterinarian(s) are to be contacted if emergency treatment is needed, but I'm lucky enough to have several available and I do have preferences.

My bad I forgot to mention quarantine will begin immediately (today). But I completely forgot to add that into the contract and that the pair should be isolated and that he will not be bred to any other females, thank you!

[SnowShredder]

It's a great idea to have a breeding loan contract but without it being notarized and both parties signing, it's rather pointless unless for your comfort.

I know this because my friend loaned his sister a fair bit of money and had her sign a contract to pay him back and how much a month it was going to be. It was notarized and all but she never paid him back and there wasn't even much he could do. So while I wouldn't write up a contract personally but I would only do a breeding loan with a select few people that I trust.

I could get it notarized, I just didn't even think about that. When my girlfriend loaned her horse (loaning from someone else) the contract was similar to mine and hadn't been notarized. Was that a mistake on their part?
I don't TRUST the guy because I don't know him personally, but he is part of a local reptile group and I have a hard time seeing him breaking the contract.
His only reason that he wants to do this is because he wants one of his girls' babies, and not for profit.

I don't think this guy will do anything funny, but that's why I wanted it all written out Just in case. If it was notarized vs not notarized, would that make a big difference if the contract was broken?

I've had documents notarized before but never something I've written myself. Does it work the same way though? It doesn't matter that it's not an official document?

[Neal]

I could get it notarized, I just didn't even think about that. When my girlfriend loaned her horse (loaning from someone else) the contract was similar to mine and hadn't been notarized. Was that a mistake on their part?
I don't TRUST the guy because I don't know him personally, but he is part of a local reptile group and I have a hard time seeing him breaking the contract.
His only reason that he wants to do this is because he wants one of his girls' babies, and not for profit.

I don't think this guy will do anything funny, but that's why I wanted it all written out Just in case. If it was notarized vs not notarized, would that make a big difference if the contract was broken?

I've had documents notarized before but never something I've written myself. Does it work the same way though? It doesn't matter that it's not an official document?

It would hold up more as not forged, but I think both parties would have to be present. But I'm saying legally I don't think there is much you'd be able to do if he decided to keep your snake. I don't mean to make you hesitant, but I just wanted you to know this in advance.

[SnowShredder]

It would hold up more as not forged, but I think both parties would have to be present. But I'm saying legally I don't think there is much you'd be able to do if he decided to keep your snake. I don't mean to make you hesitant, but I just wanted you to know this in advance.

Technically, wouldn't that be a breach of contract, especially if it's notarized? In the event of a breach of contract doesn't that make it eligible to be brought to the court of law?

[Neal]

Technically, wouldn't that be a breach of contract, especially if it's notarized? In the event of a breach of contract doesn't that make it eligible to be brought to the court of law?

Yea, but find a court of law that will honor that. Then that's only if they don't disappear and if they're in another state you can most likely forget about it.

[SnowShredder]

Yea, but find a court of law that will honor that. Then that's only if they don't disappear and if they're in another state you can most likely forget about it.

You are bringing up good points, thank you.

He's local, but if he was to cut and run, not only would that be breach of contract but that would be considered theft. I would not be against taking them to small claims court.

I will be meeting him and his family, his home and their set up.

[Neal]

You are bringing up good points, thank you.

He's local, but if he was to cut and run, not only would that be breach of contract but that would be considered theft. I would not be against taking them to small claims court.

I will be meeting him and his family, his home and their set up.

I'd make a video of everything just to add an additional layer of security and have everything notarized as well.