Health & Genetic Guarantee

1.1 Indoor Living Requirement

The puppy must be housed primarily indoors as a family companion. Outdoor exercise is essential, but the puppy may not be left unsupervised or exposed to dangerous conditions, such as extreme weather.

• Outdoor Boundaries: The puppy must be kept on a leash or in a secure, enclosed area while outside.
• No Tethering: Chaining or tethering the puppy is prohibited.
• Crating: Crates may be used for training or sleep but for no more than 4 hours consecutively, excluding overnight use.

1.2 Routine Veterinary Care

The Adopter agrees to provide:

• Annual wellness exams to monitor health and detect potential issues.
• Vaccinations (rabies, parvovirus, distemper) and parasite prevention year-round.
• Dental care to prevent infections and other complications.

1.3 Emergency Medical Care

In case of emergency (such as injury, severe illness, or respiratory distress), the Adopter must provide immediate veterinary care. All emergency care costs are the Adopter’s responsibility. The Breeder may request veterinary records to verify treatment and the puppy’s well-being.

1.4 Training and Socialization Requirements

The Adopter agrees to:

• Enroll the puppy in basic obedience classes within the first 6 months.
• Provide regular socialization with people and animals to encourage healthy behavior.
• Address behavioral issues promptly through professional training if needed.

1.5 Compliance with Laws

The Adopter must comply with all local, state, and federal regulations governing pet ownership, including:

• Licensing and registration of the puppy with local authorities.
• Adherence to leash laws to prevent accidents.
• Keeping vaccinations up to date to comply with state law.

1.6 Prohibited Practices and Reclamation Rights

The Adopter agrees to:

• Not abandon or transfer the puppy without the Breeder’s consent.
• Avoid any use of the puppy in illegal activities or forms of abuse.

1.7 Monitoring and Check-Ins

The Adopter agrees to participate in periodic check-ins with the Breeder during the first year to provide updates on the puppy’s health and behavior. The Breeder may request photos, videos, or veterinary records during these check-ins.

1.8 Lifetime Commitment Acknowledgment

The Adopter agrees that owning a puppy is a lifelong responsibility. If the Adopter can no longer provide care, they must notify the Breeder for rehoming assistance (see Section 5).

Breeder’s Disclaimer of Guarantees

While the Breeder ensures the puppy is healthy and well-socialized at adoption, no guarantees are made about future behavior, temperament, or health beyond the terms of this Agreement. Upon transfer, the Adopter assumes full responsibility for the puppy.

2.1 Companion Animal Designation and Spay/Neuter Requirement

The Adopter agrees that the puppy is adopted solely as a companion pet and will not be bred unless breeding rights are purchased separately.

• Spay/Neuter Timeline: The puppy must be spayed or neutered by 12 months unless agreed otherwise. Early sterilization may be required, following veterinary advice.
• Confirmation of Sterilization: The Adopter must provide written veterinary documentation of the procedure within 30 days of completion. Failure to comply is considered a breach.

2.2 Veterinary Recommendations and Exemptions

If a veterinarian advises delaying sterilization for health reasons, the Adopter must notify the Breeder immediately. A temporary exemption may be granted upon receiving written justification. If breeding rights are granted, specific terms, such as health screenings and litter limitations, will apply.

2.3 Consequences of Unauthorized Breeding

The Breeder controls all breeding decisions to protect genetic health. Unauthorized breeding includes intentional or accidental mating without written consent.

• Liquidated Damages: The Adopter agrees to pay $5,000 per unauthorized litter for damages to the Breeder’s program and reputation.
• Forfeiture of Offspring: All offspring from unauthorized breeding become the property of the Breeder, and the Adopter must surrender them at their expense.
• Legal Fees: The Adopter agrees to reimburse legal fees if action is required to enforce these terms.

2.4 Prohibition on Sale, Transfer, or Use for Breeding

The Adopter may not sell, transfer, or gift the puppy without the Breeder’s written consent. This applies to:

• Puppy mills
• Backyard breeders
• Commercial breeding operations
• Individuals seeking to breed for profit or resale

Unauthorized transfer may void the health guarantee (see Section 4).

2.5 Reporting and Monitoring of Breeding Status

The Adopter agrees to cooperate with reasonable check-ins from the Breeder regarding the puppy’s sterilization or breeding status. The Breeder may:

• Request veterinary records.
• Conduct periodic check-ins.
• Require immediate sterilization if non-compliance is suspected.

2.6 Ethical Breeding Practices (If Breeding Rights Are Granted)

If breeding rights are granted, the Adopter agrees to follow strict guidelines, ensuring the health of both the puppy and offspring.

• Health Screenings: Comprehensive health screenings must be completed, including hip/elbow evaluations, eye exams, and DNA testing.
• Litter Limits: No more than two litters per 12 months and four litters total without prior agreement.
• Whelping Care: The Adopter must provide proper whelping facilities and veterinary care during pregnancy and birth.

Non-compliance results in revocation of breeding rights.

2.7 Acknowledgment of Breeder’s Rights

The Adopter acknowledges that the Breeder has a vested interest in maintaining the bloodline. Unauthorized breeding or non-compliance allows the Breeder to reclaim the puppy without compensation.

2.8 Hold Harmless Agreement for Breeding Issues

The Adopter holds the Breeder harmless for any complications related to sterilization or authorized breeding, including but not limited to:

• Complications from surgery.
• Injuries during mating or whelping.
• Health issues in offspring.

The Adopter assumes full responsibility for the puppy’s health during these processes.

3.1 Transfer of Liability Upon Adoption

Once the puppy is transferred to the Adopter, all liability for its actions, care, and well-being shifts to the Adopter, including:

• Injuries or accidents caused by the puppy, such as bites or scratches.
• Property damage to personal or public property (e.g., furniture, fences, or vehicles).
• Medical expenses related to illnesses or injuries after adoption.

The Breeder bears no responsibility for incidents involving the puppy after the transfer.

3.2 Hold Harmless Clause

The Adopter agrees to indemnify, defend, and hold the Breeder harmless from any claims, lawsuits, or damages arising from the puppy’s actions, including:

• Injuries to third parties or other animals.
• Property damage in public or private spaces.
• Legal disputes with neighbors, landlords, or others.

This indemnification applies regardless of whether the incident occurred due to negligence or unforeseen circumstances.

3.3 Behavior and Temperament Disclaimer

The Breeder does not guarantee the behavior or temperament of the puppy after adoption. Behavior is shaped by the Adopter’s training and environment.

• Common Issues: Puppies may display behaviors such as chewing, barking, or house soiling.
• Training Responsibility: The Adopter is responsible for addressing behavioral issues through training and supervision.

The Breeder is not liable for post-adoption behavioral problems, including aggression, anxiety, or destructive behavior.

3.4 Legal Compliance and Public Safety

The Adopter is responsible for ensuring the puppy’s behavior complies with local laws and public safety regulations, including:

• Leash laws in public spaces.
• Noise ordinances concerning barking.
• Liability insurance if required by law.

The Adopter agrees to report incidents involving the puppy to authorities and take full responsibility for resolving them. The Breeder will not assist with legal matters related to such incidents.

3.5 Risk Acknowledgment and Assumption of Responsibility

The Adopter acknowledges the inherent risks of owning a puppy, such as:

• Injuries to family members or guests from play or accidents.
• Illnesses or injuries from interacting with other animals or hazards.
• Financial and emotional burdens related to veterinary care or training.

The Adopter assumes all risks associated with the puppy's care and behavior, with the Breeder bearing no responsibility for unforeseen events.

3.6 Limitations of the Breeder’s Liability

The Breeder’s liability is limited strictly to the terms of this Agreement. Under no circumstances will the Breeder be held responsible for:

• Indirect or consequential damages, including veterinary bills or property damage.
• Third-party claims resulting from the puppy’s actions.
• Behavioral outcomes shaped by the Adopter’s care or training methods.

The Adopter agrees that the Breeder’s total liability is limited to the value of the adoption fee paid.

3.7 Emergency Situations and Breeder’s Right to Intervene

The Breeder reserves the right to intervene if the puppy’s health or safety is at risk due to neglect, abuse, or improper care, including:

• Third-party reports of mistreatment or neglect.
• Lack of medical care resulting in preventable illness or injury.
• Dangerous behavioral issues, such as aggression or self-harm.

In such cases, the Breeder may reclaim the puppy without compensation, and the Adopter agrees to cooperate fully.

3.8 Liability Insurance Recommendation

The Breeder recommends the Adopter obtain liability insurance covering pets to protect against financial exposure. Homeowners’ or renters’ insurance may offer limited coverage, and additional insurance is advised for high-risk environments.

At Top Notch Paws, we take every precaution to ensure the health and well-being of our puppies prior to adoption. This Health & Genetic Guarantee offers protection against life-threatening genetic disorders that may arise within the first 12 months of adoption. While we strive to raise healthy puppies, we cannot guarantee the absence of health issues over the course of the puppy’s life.

4.1 Scope of the Health Guarantee

This guarantee covers life-threatening genetic disorders that impair the puppy’s quality of life and require significant medical intervention, including but not limited to:

• Congenital heart defects requiring surgery.
• Severe hip or elbow dysplasia confirmed via X-ray.
• Neurological conditions such as epilepsy affecting the puppy’s daily function.
• Progressive retinal atrophy (PRA) or other genetic eye disorders leading to vision loss.

The Adopter must follow outlined procedures to claim coverage for these conditions.

4.2 Conditions for Guarantee Coverage

1. Veterinary Diagnosis Requirement: The Adopter must submit a written diagnosis from a licensed veterinarian confirming the condition. This diagnosis must show the condition is genetic and not treatable through routine care.
2. Submission Timeline: The Adopter must submit documentation within 14 days of the diagnosis date to remain eligible for coverage.
3. Second Opinion: The Breeder may request a second opinion from a veterinarian of their choice. If the second opinion differs, both parties will collaborate to decide the best course of action.

4.3 Remedies Under the Guarantee

1. Credit Toward Future Puppy: If the condition is confirmed, the Adopter will receive a credit equal to the original adoption fee toward a future litter. No cash refunds will be issued.
2. Optional Retention of the Puppy: If both parties agree in writing, the Adopter may retain the original puppy and waive the return requirement, with credit still provided.
3. Coverage Period: This guarantee applies only to conditions diagnosed within 12 months from the adoption date.

4.4 Exclusions and Limitations

This guarantee does not cover:

• Non-Genetic Conditions: Respiratory infections, injuries, or illnesses caused by environmental factors.
• Cosmetic Issues: Hernias, underbites, allergies, or minor defects that do not affect quality of life.
• Pre-Existing Conditions: Health issues disclosed at adoption, which are the Adopter’s responsibility (see Section 6).

4.5 Veterinary and Diagnostic Costs

The Breeder is not responsible for:

• Veterinary fees or diagnostic costs, including X-rays or ultrasounds.
• Transportation costs associated with returning the puppy or obtaining a second opinion.

All medical expenses are the Adopter’s responsibility.

4.6 Maintaining the Health Guarantee

To maintain the validity of this guarantee, the Adopter agrees to:

• Provide Routine Veterinary Care: Follow all recommendations for vaccinations and parasite prevention.
• Ensure a Safe Living Environment: The puppy must live in a safe and clean environment with proper nutrition.
• Report Health Concerns Promptly: Seek veterinary care immediately if signs of illness arise.

Failure to meet these obligations may void the guarantee.

4.7 Breeder’s Disclaimer of Extended Warranties

This guarantee covers only the specific conditions listed and does not extend to general veterinary care or future behavior. The Breeder makes no warranties beyond the scope of this Agreement, as health and behavior are influenced by genetics and environmental factors.

4.8 Release of Liability

The Adopter releases the Breeder from liability for:

• Injuries, illnesses, or accidents after the puppy leaves the Breeder’s care.
• Complications from veterinary treatment chosen by the Adopter.
• Undiagnosed genetic conditions that arise after the guarantee period.

By signing below, the Adopter acknowledges they have read and understood the terms and limitations of this guarantee.

At Top Notch Paws, we prioritize finding every puppy a safe and loving home for life. However, we understand that unforeseen circumstances may arise, preventing the Adopter from continuing care. This section outlines the return procedures to ensure the puppy’s well-being and appropriate rehoming.

5.1 Mandatory Return Policy

If the Adopter is unable to care for the puppy at any time, the puppy must be returned to the Breeder. Independent rehoming without the Breeder’s knowledge or consent is strictly prohibited.

• No Shelter Surrender: The puppy cannot be surrendered to shelters or rescues without the Breeder’s written permission.
• No Private Rehoming: Selling, gifting, or transferring the puppy to another party without the Breeder’s consent is a breach of this Agreement.

The Breeder retains sole discretion over all rehoming decisions to protect the puppy’s future.

5.2 Notification Requirement and Return Process

1. Initial Notification: The Adopter must notify the Breeder as soon as the need to return the puppy arises. The notice must include:
   • Reason for return.
   • Puppy’s current health status.
   • Any behavioral concerns.
2. Scheduling the Return: The Adopter and Breeder will coordinate the return. Transportation costs are the Adopter’s responsibility unless otherwise agreed.
3. Health and Behavior Records: All veterinary and behavior records must be provided at the time of return.

5.3 Refund and Credit Policy

Refunds are limited to cases involving covered genetic disorders diagnosed within 12 months (see Section 4).

• No Refund After 30 Days: If the puppy is returned after 30 days, no refund will be issued.
• Credit Toward Future Puppy: A credit toward a future puppy may be offered if the puppy is returned within 30 days due to unforeseen circumstances.
• Payment Plan Forfeiture: If returned under a payment plan, all prior payments are forfeited, and the Adopter remains responsible for any outstanding balance.

5.4 Conditions for Rehoming Assistance

The Breeder offers rehoming assistance to place returned puppies in appropriate homes.

1. Assessments: The puppy will undergo behavioral and health evaluations to determine rehoming needs.
2. Foster Placement: If a permanent home is unavailable, the puppy may be placed in temporary foster care through the Breeder’s network.
3. Adopter Cooperation: The Adopter may be asked to provide:
   • Information on the puppy’s routine and preferences.
   • A written statement explaining the return.
4. Rehoming Timeline: The Breeder makes no guarantees about the timeline for finding a new home.

5.5 Limitations on Future Adoption Rights

Adopters who return puppies without valid cause or fail to follow return procedures may be disqualified from future adoptions.

• Multiple Returns: Returning more than one puppy results in a permanent ban from future adoptions.
• Failure to Follow Protocol: Independent rehoming or shelter surrender forfeits future adoption eligibility.

5.6 Emergency Reclamation Rights

The Breeder reserves the right to reclaim the puppy if severe neglect, abuse, or improper care is reported. Reclamation may occur without compensation if:

• Neglect or abuse is reported by third parties.
• The puppy is found in poor health due to inadequate care.
• The puppy is abandoned, chained, or rehomed without permission.

The Adopter must cooperate fully in any reclamation process.

5.7 Waiver of Liability for Returned Puppies

Once the puppy is returned, the Adopter releases the Breeder from liability for:

• Emotional distress caused by the return.
• Transportation or return costs.
• Future contact with the puppy, as updates will be at the Breeder’s discretion.

At the time of adoption, the Breeder will disclose known health conditions to the best of their knowledge with as accurate information as possible. By adopting a puppy with a disclosed condition, the Adopter assumes full responsibility for managing the condition and any potential issues associated with or resulting from it. This waiver ensures the Breeder is released from any liability or financial obligations related to the known condition or any complications connected to, remotely connected to, or resulting from it.

6.1 Disclosure of Known Health Issues

The Breeder will provide a detailed description of any known or observed conditions before finalizing adoption, which may include:

• Cosmetic Issues: Overbites, underbites, or minor hernias.
• Injuries or Trauma: Injured limbs, scarring, or prior physical damage.
• Chronic Conditions: Minor heart murmurs, mild hip laxity, or allergies.
• Developmental Abnormalities: Lameness or mobility issues that may worsen over time.

The Adopter will receive all available veterinary records regarding the disclosed condition, with the understanding that no future care, compensation, or reimbursement will be provided by the Breeder.

6.2 Adopter’s Acceptance of Responsibility

By proceeding with the adoption, the Adopter agrees to:

• Provide Necessary Treatment: Follow veterinary advice, including medications or surgery if recommended.
• Behavioral Management: Adjust training and routines to accommodate any behavioral impact.
• Ongoing Care: Assume full responsibility for long-term care, including specialized diets, therapy, or ongoing veterinary visits.

6.3 Waiver of Health & Genetic Guarantee

The Adopter acknowledges that the Health & Genetic Guarantee (see Section 4) does not apply to disclosed conditions or related issues. Specifically:

• No Coverage: Claims related to the known condition or resulting complications are excluded.
• No Reimbursement: Veterinary or diagnostic expenses will not be covered.
• No Refunds or Credits: Refunds, exchanges, or future credits will not be issued for disclosed conditions.

6.4 Release of Liability

The Adopter releases the Breeder from all liability related to the disclosed condition and any issues associated with or resulting from it, including but not limited to:

• Complications or progression of the condition over time.
• Behavioral changes from chronic pain, discomfort, or limited mobility.
• Veterinary costs for treatment, medications, or surgeries related to the condition.

6.5 Limitations on Return Policy

The Return Policy (see Section 5) does not apply to puppies with disclosed health conditions.

• No Returns Accepted: Returns will not be accepted based on the known condition unless agreed in writing.
• Ongoing Responsibility: The Adopter remains responsible for the puppy’s care, even if the condition worsens.
• No Rehoming Assistance: The Breeder is not obligated to assist with rehoming if the condition requires advanced care.

6.6 Acknowledgment of Risk

The Adopter acknowledges that adopting a puppy with a known health condition involves inherent risks, such as:

• Behavioral changes from chronic discomfort or pain.
• Progression of the condition requiring more intensive care over time.
• Unexpected veterinary expenses beyond initial expectations.

The Adopter assumes these risks knowingly and without reservation.

6.7 Documentation and Record Keeping

The Adopter agrees to maintain detailed veterinary records documenting the puppy’s care and provide them to the Breeder upon request if questions arise.

• Proof of Care: Compliance with veterinary recommendations must be documented.
• Ongoing Compliance: The Adopter agrees to follow all medical advice to ensure the puppy’s well-being.

6.8 Final Acceptance and Waiver of Claims

By signing below, the Adopter confirms that:

• The Breeder has disclosed all known information about the condition to the best of their ability.
• The Adopter accepts full responsibility for the condition and all related care.
• The Adopter waives all claims, refunds, or future liability related to the disclosed condition.

This section confirms that both the Adopter and Breeder have reviewed and accepted the terms outlined in this Agreement. By signing, both parties acknowledge their responsibilities and commitments associated with the puppy’s adoption. This Agreement is legally binding and reflects a mutual understanding of all terms.

This Agreement encompasses the following sections:

• 1. Ownership Responsibility Agreement
• 2. Breeding Restriction Agreement
• 3. Liability Agreement
• 4. Health & Genetic Guarantee
• 5. Returns Agreement
• 6. Known Health Issues and Waiver of Liability

7.1 Review of Agreement Terms

The Adopter confirms they have had sufficient time to review, understand, and ask questions about this Agreement. The Breeder affirms that all sections were discussed transparently prior to signing.

This document represents the entire agreement between the parties. No verbal statements or external agreements will modify these terms unless a written amendment is signed by both parties.

7.2 Binding Nature of Agreement

This Agreement is legally binding under the laws of the state where the adoption takes place. Both parties agree to resolve disputes through mediation or arbitration before pursuing legal action, unless otherwise required by law.

In case of a breach, the non-defaulting party may pursue remedies, including damages, injunctions, or specific performance.

7.3 Customer and Breeder Responsibilities

Adopter’s Responsibilities:

• Comply with all terms, including payment plans and return policies.
• Provide appropriate veterinary care, training, and a safe home.
• Abide by local, state, and federal pet ownership laws.

Breeder’s Responsibilities:

• Deliver the puppy in good health with required veterinary treatments.
• Honor the health guarantee as outlined.
• Offer reasonable guidance and support to the Adopter.

7.4 Page-Specific Signatures

The Adopter agrees to sign each individual page of this Agreement, confirming their understanding and acceptance of all terms. These signatures confirm no unauthorized modifications were made.

7.5 Final Signature and Ownership Transfer

Ownership of the puppy will transfer to the Adopter after all payments are completed, and this document is signed. The Adopter agrees that failure to comply with the Agreement’s terms may result in legal action or reclamation of the puppy without refund.

7.6 Amendment Clause

Any changes to this Agreement must be made in writing and signed by both parties. Unauthorized modifications will be considered null and void.

7.7 Severability Clause

If any provision of this Agreement is found unenforceable, the remaining sections will remain valid and enforceable. The invalid provision will be replaced with one that closely reflects the original intent.

7.8 Governing Law

This Agreement will be governed by the laws of the state where the adoption occurs. Any legal disputes will be resolved in a court within that jurisdiction.

7.9 Final Agreement and Acknowledgment

By signing below, the Adopter confirms they understand and agree to all terms outlined in this Agreement. The Breeder affirms that all terms were clearly explained to the Adopter prior to signing.

7.10 Important Notice

This Agreement is a legally binding document. Any violation of its terms will be treated as a material breach and may result in legal action. The Adopter acknowledges that this Agreement represents a commitment to the well-being of the puppy and adherence to the outlined terms.