BREEDING FEES

Breeding fees and the rights of both owners are often the subject of arguments and litigation. If you own a purebred male or female and want to breed the animal, you should insist on a written agreement. It is customary for the owner of the male to set the stud or breeding fee. It may be a cash fee or the choice of a pup from the resulting litter. Whatever the method of payment, get it in writing.

The certificate of service or breeding should also state what constitutes a litter. Is it one puppy or five? If you are asking a puppy as payment for the stud fee, specify whether you want a male or female, and at what age you will claim the puppy.

If you or the other party is to pay cash for the stud fee, the certificate should state the manner of payment; for example, cash at time of mating or part down and the balance at whelping. You should also stipulate on the certificate that a return service or mating is not mandatory. After all, you cannot guarantee conception; you merely agree to mate your male with a female. When they copulate, your part of the bargain has been fulfilled. Be businesslike and have a written agreement, no matter how well you know the other party. You can't expect a stud fee if your male roams the neighborhood and mates with your neighbor's female. Not even if he's just won the Best-in-Show at the Westminster Dog Show! Under the common law, the feeling is that the owner of a female is the loser by her pregnancy. Any puppies resulting from this pregnancy belong to the owner of the female. This holds true if your neighbor's female trespasses on your property and is bred by your male. You can't demand a stud fee or pup. You are supposed to control your dog.

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