Advice on this contact please

[frenchy]

So i have been in talk w a local breeder about a breeding loan for next season. Today he sent me a rough contract to get my thought and I would like some input as far as if evrything is covered. The payment has been agreed to so that is no big deal to me as all im asking for is a baby female from another clutch. Names Have been deleted for obivious reasons.



BREEDING LOAN CONTRACT



This agreement/contract is between and , in regards to a Male Ball Python with the genetic mutation combination of Pastel and Pinstripe AKA: Lemonblast.

The Lendor will give responsibility of care to the Lendee of Lemonblast (the Lended) for the breeding season of 2011-2012. For the months of : December 2011 to March of 2012. Lendee must receive the Lemonblast no later than November 1st of 2011. Although the Lendor may deliver the Lemonblast before said date. At the end of said period, the Lemonblast is to be returned to the Lendor immediately with no questions asked. The Lendee is to personally return the Lended (Lemonblast) to the Lendor at the location of the Lendor's home address.

A compensation for such lending is to be paid to the Lendor in the form of a baby ball python from another clutch of the Lendee's production, NOT fathered by the Lemonblast. The baby ball python's value should not exceed that of the current trade value, at the time of hatching, of the Lemonblast's value.

If death of said Lemonblast shoud occur, the Lendee is responsible to compensate the Lendor for such lost equal to the current value of the Lended at time of death. However if the death of the Lemonblast should occur within a 6 week period of the delivery date then any compensation should and will be waived due to the fact that infectious pathogens can take up to 6 weeks to present and express themselves. However, if at any period, the Lemonblast should become ill while in the care of the Lendee, then the Lendee will do any and everything possible to regain the health of the Lemonblast to the best of the Lendee's abilities. Veterinary bills if needed has to be renegotiated with all parties if hospitalization should occur with the Lemonblast.

All contact information is to be provided by each parties. Full names, copy of drivers licenses, contact phone numbers and email addresses, as well as current home addresses. At LEAST 1 form of contact is to be made weekly inorder to convey progress and check ups on the condition of the Lemonblast. All contacts are to be intiated by the Lendor, however, if the Lendee should observe any abnormal conditions in regards to the Lemonblast, then the Lendee is to contact the Lendor immediately.

Should all go well with this arrangment. The Lemonblast is to be returned to the Lendor immediately after the breeding season is over. The Lendee is to notify the Lendor on the day that the laying of eggs takes place that the Lemonblast had any chance of fathering, in order to calculate a hatch date. If any contact infomation should change or become invalid, then it is incumbant upon the party who's information has changed, to notify the other party.

Arrangements are to be made for both parties to be present at the date of hatching. Being that this date is not always exact, the Lendee is to contact the Lendor if he should observe any pipping or hatching taking place. If the Lendor can not be present at the date of hatching, then the Lendee is to provide photographs of the number of eggs layed by any females the Lemonblast was put to, and the hatchlings that hatched from said eggs. Being that the females will be put to multiple males for maxium breeding purposes, photographs are to be taken inorder to provide and keep any and all honesty between the 2 parties of the this contract. If it is proven that the Lemonblast did not father any of the hatchlings, then there is no compensation required to be paid to the Lendor by the Lendee. If there is any offspring produced by the Lemonblast, then the Lendee is to compensate the Lendor in the form of a baby ball python with in the value guidelines stated above.

IT MUST BE NOTED THAT THE LENDEE, ALTHOUGH HAVING THE PASTEL GENE MUTATION IN HIS COLLECTION, HAS ABSOLUTELY NO PINSTRIPE GENE MUTATION IN HIS COLLECTION. This is to be noted inorder to prove the fathering of any offspring coming from the Lemonblast.

The Lendee is held by contract to cover the cost of feeding, housing, cleaning and overall maintenance costs of the Lemonblast with no reimburstment or compensation expected while the Lemonblast is in his care. However, veterinary bills, if needed, has to be renegotiated with all parties if hospitalization should occur with the Lemonblast.

This contract is intended to cover any and all aspects in regards to the gain of both parties, and also to reduce any loss to both parties. The Lendee's goal is to implement the Pinstripe gene mutation into his ball python collection. The Lendor's goal is to implement a new gene mutation of his choosing from the Lendee's production of baby ball pythons, within the trade value guidelines stated above, into his own ball python collection.

By both parties signing this document, it is to be understood that both parties agree to and understand the contractual agreement. Making this contract valid. Therefore, it must be adhered to.







Thank you for taking a look and if you can see anything wrong w this or that needs to be added please give input

[chago11]

The only thing I noticed is that the Lemonblast has to be dropped of in November but the contract does not start till December.

[PghBall]

The only thing I noticed is that the Lemonblast has to be dropped of in November but the contract does not start till December.

I'd assume this is to cover quarantine time. I don't think he'd want a snake outside of his collection thrown right in with his males/females.

[Kinra]

I'm not good with contracts, but I don't think I would sign that. I'm a little paranoid so I would want more information about the kind of care I want my snake to receive.

If death of said Lemonblast shoud occur, the Lendee is responsible to compensate the Lendor for such lost equal to the current value of the Lended at time of death. However if the death of the Lemonblast should occur within a 6 week period of the delivery date then any compensation should and will be waived due to the fact that infectious pathogens can take up to 6 weeks to present and express themselves. However, if at any period, the Lemonblast should become ill while in the care of the Lendee, then the Lendee will do any and everything possible to regain the health of the Lemonblast to the best of the Lendee's abilities. Veterinary bills if needed has to be renegotiated with all parties if hospitalization should occur with the Lemonblast.

I would have issue with all of that. If this is a matter that gets taken to court I think there are a lot of loop holes in this. Also there is a lot that could kill a snake within 6 weeks, not just infectious pathogens, so you could lose your snake and not get compensated if they don't provide proper care or miss something. Also "to the best of the Lendee's abilities" is open to a lot of interpretation. If you are going to have a contract you want to make sure you have protected yourself.

IT MUST BE NOTED THAT THE LENDEE, ALTHOUGH HAVING THE PASTEL GENE MUTATION IN HIS COLLECTION, HAS ABSOLUTELY NO PINSTRIPE GENE MUTATION IN HIS COLLECTION. This is to be noted inorder to prove the fathering of any offspring coming from the Lemonblast.

Bad odds means you miss breeding season with your lemonblast for nothing.

[chago11]

I'd assume this is to cover quarantine time. I don't think he'd want a snake outside of his collection thrown right in with his males/females.

The QT time should still be covered. How about if there is another sick snake and the lemonblast gets sick?

[EmberBall]

Contract or no contract, breeding loans very rarely work out where both parties are pleased with the outcome. A contract is only a tool used in a dispute, and to help a judge figure out what was supposed to go where AFTER THERE IS A PROBLEM. I would not do it.

Dave