LET ’ S MAKE IT LEGAL
ROBERT NEWMAN , ESQ .
Contracts , Contracts , Contracts
Well , congratulations ! You ’ ve decided it ’ s time to branch out in your breeding program ; your line needs something new , something that your breedings have been missing . You seem to have bred your line into a corner , and you aren ’ t achieving what you are looking for as you attempt to move both your breeding program and your breed forward . After all , isn ’ t that the goal of why we breed dogs in the first place ? Our goal should be to exhibit the best breeding stock available and those dogs that most closely exemplify the breed standard .
So now that you ’ ve made the decision to partner with another breeder , there are some basic questions that you ought to consider before even thinking of getting started : Is this person someone I can successfully partner with for the next 10 to 15 years ? Do I respect this person and his or her ethics within the dog world because our names will now be linked ? Can this person and I have open and honest discussions in a calm and intelligent manner ? Do I trust this person ? If you cannot answer each of these questions in the affirmative , you simply have no business further contemplating a partnership with that person .
If , on the other hand , you believe that you can navigate a healthy and positive relationship going forward , then the very next thing you should do is decide on what terms will need to be included in your contract . What ? Contract ? Yes , contract . Contract , contract , contract .
Why You Need a Contract
In my 20-plus years as a lawyer , I have witnessed time and time again the financial and emotional wreckage that can occur when people underestimate the ability of a relationship to suddenly fall apart . The parties find themselves unprotected without any written agreement that clearly sets forth the legal rights and responsibilities of those involved .
Sadly , the dog show world tends to be an environment
The statements made in this column represent the opinions of the writer and are not intended to be interpreted as legal advice . If you need legal advice , you should consult with an attorney licensed in your state .
It may be initially awkward insisting that you have a contract in place , [ but ] you will have peace of mind .
rife with the possibility for legal entanglements , from coownerships of dogs , leasing of bitches for breeding , leasing of dogs to campaign , well-meaning rescue volunteers who take in dogs without appropriate protection , to a show photographer , judge or exhibitor being attacked by a dog while on the job .
I have dealt with legal disputes involving all of these scenarios and more . In future columns , I will be taking a look at these legal issues — and others — that affect your rights and responsibilities as a dog owner , breeder or handler .
While it may initially be awkward insisting that you have a contract in place , especially if it is with someone you have known and trusted for years , you will have peace of mind knowing you have done all you can to protect yourself should your relationship face an irremediable breakdown in the future — to borrow typical grounds for divorce language . Because dissolving a relationship that may involve multiple dogs or breedings is not unlike a divorce , where all the assets are divided among the parties .
When demanding that you have a written contract in place , FDR presidential advisor Bernard Baruch said it best : “ Those who mind don ’ t matter , and those who matter don ’ t mind .”
If the thought or fear of hiring a lawyer to draft a contract has been holding you back , remember the one-time investment of having a basic contract that can be subsequently modified is a fairly inexpensive insurance policy that can protect you for years to come . In the event that you find yourself engaged in a legal dispute , a well-drafted contract will be well worth the financial investment . In a sport where we spare no expense on our canines when it comes to feeding , veterinary care , breedings , artificial inseminations , flights , gas and entry fees , it simply makes no sense to not have a contract in place to protect ourselves when a dispute arises .
The Basics of Show Dog Contracts
I am frequently dismayed at the very minimal , but very essential , terms that are missing from the contracts I have reviewed . To that end , here is a breakdown of some of the basic language that should appear in every contract involving your dogs :
JURISDICTION CLAUSE : This is a clause that states with
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