This Adoption Contract & Bill of Sale (the "CONTRACT") is entered into by and between Daniel Fradkin (the "BREEDER") acting as authorized agent for Noble Manes Cattery & Rescue (the "CATTERY") a wholly owned subsidiary of The NM Group, LLC located at 5716 Vahan Ct, Lancaster, California 93536, and
(the "BUYER")
whose home address is
,
on October 16, 2026, in the City of Lancaster, County of Los Angeles, State of California. This Contract supersedes and replaces all previous contracts, agreements, memoranda or correspondence, whether written or oral among the parties with respect to the subject matter of this Contract.
Buyers contact details are
This Contract is executed electronically in conformance with U.S. E-SIGN Act {Pub.L. 106–229}, UETA, GDPR and other laws in Europe, and was prepared by Noble Manes Breeder Services (the "ADMINISTRATOR") a wholly owned subsidiary of The NM Group, LLC. In particular, if you elect the Kitten Payment Plan, you expressly agree to the terms and conditions of Partially, Inc.; and/or if the Animal is sent home on a Spay/Neuter Contract, you expressly agree to the terms and conditions of SpaySecure Pet Services LLC.
This Contract sets forth all of the terms and conditions for the adoption of a Purebred Feline as outlined in Section 1.1, hereafter referred to as (the "ANIMAL") and represents a formal bill of sale together with the rights of ownership to be transferred to the Buyer. In the event the parties mutually agree to any additional services to be provided by the Cattery hereunder, the parties shall negotiate and execute a separate Statement of Work (the "SOW") which shall be attached as a Statement of Work Addendum (the "ADDENDUM") hereto, as outlined in Section 6.4.
NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, IT IS HERBY AGREED THAT:
DEFINITIONS
(For purposes of this Contract, the following terms are defined to mean)
"ADEQUATE CARE"; encompasses a comprehensive approach to caring for the Animal’s physical, social, and emotional well-being. This commitment to nurture a pet’s entire lifecycle, from adoption to senior care, requires understanding and actively managing their health, behavior, and habitat. Effective responsible pet ownership involves regular veterinary visits, appropriate nutrition, and a stimulating environment tailored to the specific needs of the Animal.
"ALTERED"; a surgical procedure that removes the reproductive organs, preventing breeding. The male procedure is the neuter (also knows as a Orchiectomy). The female procedure is the spay (also known as a Ovariohysterectomy).
"BREED"; a group of closely related and visibly similar Felines, having characteristic traits that are selected and maintained by humans, bred out of a known foundation stock.
"BREED STANDARD"; those traits, established by an Organization, that outline the ideal characteristics of a Breed, including size, weight, coat type, color, and other physical attributes.
"BREEDING RIGHTS"; the legal permission to mate the Animal, and to register the offspring with a relevant Organization.
"BUYERS DOCUMENT PACKET"; is a compilation of essential documents and informational resources provided to the Buyer, typically during the go-home appointment, by the Breeder. These documents may include such items as the Animals health file, Sire and Dam registration pedigrees and DNA reports.
"CATTERY NICKNAME"; the name assigned by the Breeder to the Animal for identification purposes while in the care of the Cattery. The Buyer may elect to continue the use of this name, or to rename the Animal at their discretion.
"CATTERY VETERINARY TEAM"; a group of professionals with diverse roles and expertise who collaborate to provide comprehensive and effective animal healthcare, encompassing veterinarians, veterinary technicians, assistants, and support staff, all working together with the Breeder, towards a common goal of animal well-being.
"COAT CHARACTERISTICS"; traits represented in the coat of the Animal, such as (i) length, (ii) texture, (iii) pattern, (iv) coarseness.
"COLLAR IDENTIFICATION"; the collar color assigned by the Breeder for identification purposes while in the care of the Cattery.
"CONGENITAL HEREDITARY SENSORINEURAL DEAFNESS"; hearing loss that is present at birth and often prior to birth, or that develops during the first month of life regardless of etiology.
"FELINE"; is the family of mammals in the order Carnivora, which are all of the subspecies Felis Catus, colloquially referred to as cats.
"FIFe CODE"; a worldwide system used to identify Feline Breed and coloring by a code, developed by the Fédération Internationale Féline.
"FORMER BREEDER"; a Feline that has been removed/retired from of a breeding program due to age, ethical considerations, inability to conceive, or other reasons, and is then rehomed or placed in a non-breeding environment.
"HOUSEHOLD PET"; an animal that is fully domesticated and kept for personal enjoyment, rather than for work or commercial purposes.
"KITTEN/CAT PROOF ENVIRONMENT"; an area, room, or inclosure, free of any item that directly results in, or causes, or contributes to a health condition or injury of the Animal including, but not limited to (i) toxic plants/cleaners/oils, (ii) poisonous foods, (iii) small choking hazards and toys, (iv) unsecured windows/doors and fall hazards.
"LIFE STAGE"; a distinct phase or period in a Feline's life, characterized by unique developmental, behavioral, and physiological characteristics, such as (i) Kitten, (ii) Junior, (iii) Adult, (iv) Senior.
"MATERIAL CONGENITAL DEFECTS"; an underlying genetic trait that directly results in, or causes, or contributes to a health condition of the Animal that either significantly (i) reduces the life of the Animal, (ii) restricts the Animal’s normal physical activity, or (iii) causes abnormal pain to the Animal.
"NATURALLY OCCURRING"; a condition that occurs spontaneously in nature, without any external intervention or human-made cause.
"ORGANIZATION"; any Purebred animal registry (also known as a breed registry or cat club), who catalogs and maintain official records that tracks the lineage and breeding history of animals within a specific Breed, ensuring the preservation of Breed Standards and providing formal documentation of Purebred status and lineage in the form of a Pedigree.
"PET QUALITY"; a Feline that, in the Breeder's opinion, has minor deviations from the Breed Standard that would prevent them from being successful in the show ring or from being used for breeding.
"PUREBRED"; the sire and dam of an animal are members of a recognized Breed and the ancestry of an animal consists of the same Breed over minimum number generations as required by an Organization.
"RABIES FREE COUNTRY"; is defined as one that has no reported cases of rabies and maintains a robust surveillance and control program to prevent the disease, as outlined by organizations like the World Organization for Animal Health (WOAH), and listed on the US State Departments website.
"SHOW QUALITY"; a Feline that, in the Breeder's opinion, has the potential to excel in the show ring and meets the Breed Standards for conformation (physical appearance), temperament, and sometimes, function.
"SISTER CATTERY"; is a partnership between two catteries, often for mutual support, mentorship, community, collaboration, and shared expertise.
"UNWILLING TO PROCEED"; any desire to change their mind, a request to cancel, or a statement made by the Buyer in the nature of this is a wrong decision for my family.
"VETERINARY HEALTH CERTIFICATE"; is a document (also known as a travel health certificate, or export certificate) issued by a USDA accredited veterinarian certifying that the Animal is healthy and meets the minimum requirements for travel to a specific destination.
SECTION 1: (General Terms)
(Buyer confirms their acceptance by initialing each provision indicated below)
1.1
Buyers acceptance
Identification of the Animal
a.
Collar Identification:
Pink
b.
Cattery Nickname:
NobleManes Maggie
c.
Microchip Number:
985-141-008-413-637
d.
Date of Birth:
October 9, 2025
e.
Birthplace:
Lancaster (Los Angeles County), California USA
f.
Dam (mother):
FluffyGangster Ivie of NobleManes
g.
Sire (father):
NobleManes Maverick
h.
Breed / FIFe Code:
Maine Coon / MCO
i.
Coloring / FIFe Code:
Dilute Calico / g 03
j.
Coat Characteristics:
n/a
k.
Gender:
( X )
Male
see Section 2.3
( X )
Female
see Section 2.3
1.2
Buyers acceptance
Terms: Classification & Alter Requirements
a.
Life Stage:
( X )
Kitten
aged: under 24 weeks
( X )
Junior
aged: 24 weeks to 2 years
( X )
Adult
aged: 2 to 10 years
( X )
Senior
aged: over 10 years
b.
Former Breeder:
( X )
Yes
see Section 2.6(b)
( X )
No
c.
Spay/Neuter Type:
( X )
Alter by the Breeder
see Section 3.1(a)
( X )
Alter by the Buyer
see Section 3.1(b)
( X )
NOT Required
see Addendum {5}
1.3
Buyers acceptance
Terms: Monetary Obligations & Disclosures
a.
Adoption Price:
$5,500.00
see Section 1.6(a)
b.
Subject to Sales Tax:
( X )
Yes
see Section 1.6(b)
( X )
No
c.
Sales Tax Rate:
n/a
d.
Waitlist Fee Charged:
( X )
Yes
see Section 1.6(c)
( X )
No
e.
Waitlist Fee Amount:
$0.00
f.
Reservation Fee:
$1,000.00
see Section 1.6(d)
g.
Reservation Fee Due:
At Contract Signing
h.
Reservation Fee Forms:
( X )
Zelle Pay
( X )
Credit Card
see Section 1.6(f)
i.
Final Payment Due:
At Animal Pickup
1.4
Buyers acceptance
Terms: Associations & Registration
a.
Organizations:
( X )
ACFA
"American Cat Fanciers Association"
( X )
CFA
"The Cat Fanciers' Association"
( X )
TICA
"The International Cat Association"
( X )
REFR
"Rare and Exotic Feline Registry"
b.
Registration Type:
( X )
Pet Quality
( X )
Show Quality
see Section 1.9(d)
c.
Breeding Rights Granted:
( X )
Yes
see Addendum {5}
( X )
No
1.5
Buyers acceptance
Terms: Contractual Dates
a.
Contract Effective Date:
October 16, 2026
b.
Earliest Go-Home Date:
January 15, 2026
c.
Earliest Rabies Date:
January 29, 2026
d.
Health Guarantee Expires:
October 9, 2028
1.6
Buyers acceptance
The Buyer agrees to purchase the Animal listed in Section 1.1, and agrees that Transfer of Ownership as outlined in Section 6.2 will occur only upon receipt of payment in full under the terms of this Contract.
a.
The Adoption Price listed in Section 1.3(a) encompasses the purchase of the Animal listed in Section 1.1 and the Buyers Document Packet only.
i.
The Adoption Price does not provide any additional services including, but not limited to, transportation, delivery, boarding, or Veterinary Health Certificates.
ii.
Statement of Work Addendums as outlined in Section 6.4 are required for any additional services to be provided by the Cattery hereunder.
iii.
If Breeding Rights are granted as marked in Section 1.4(c) of this Contract, an additional fee, or other compensation model will be required, and will be outlined along with restrictions, if any, on the Breeder Rights Addendum {5}.
b.
The Breeder in some jurisdictions is required by local, county, or state regulations to collect and remit sale and use tax for animal sales. If this Contract is subject to sale or use taxes it will be disclosed in Section 1.3(b) along with the associated rate listed in Section 1.3(c).
c.
The Cattery may elect to charge a potential adopter a non-refundable application or waitlist fee, due and payable upon approval of an adoption application by the Breeder. If a fee was paid by Buyer it will be indicated in Section 1.3(d) with the amount received listed in Section 1.3(e).
i.
This non-refundable fee is strictly an administrative fee for background processing and application review. It is not a deposit, does not reserve any specific kitten/cat, does not count towards the required reservation fee outlined in Section 1.3(g), and shall not be credited toward the final Adoption Price.
d.
If the animal is classified as a Kitten in Section 1.2(a), with the Signing of this Contract a reservation fee as listed in Section 1.3(f) is required to reserve the Animal. This reservation fee is due as listed in Section 1.3(g).
i.
The Buyer may utilize any payment method marked in Section 1.3(h) for the reservation fee. Final payment must be made in cash or by Zelle at pickup/delivery of the Animal.
ii.
The Buyer acknowledges that if they are Unwilling To Proceed with the Animal Adoption for any reason, this Contract is terminated and full ownership of the Animal shall revert back to the Cattery. Upon termination by the Buyer, any reservation fee, payment in full, or progress payments received toward the Adoption Price are refundable, subject to an automatic deduction for services rendered as outlined in Section 1.6(d)(iii).
iii.
The Breeder shall calculate and deduct a non-refundable Extended Care and Boarding Fee of $75.00 per week (accruing and earned on the first day of each week beginning at 8 weeks of age), along with any actual, itemized veterinary expenses incurred for the Animal during the reservation period. The Breeder will retain these earned service fees as liquidated damages to compensate for active care provided and lost alternative placement opportunities, and shall refund any remaining balance to the Buyer within 30 days.
iv.
At the signing of this Contract and with receipt of the required reservation fee outlined in Section 1.6(d), the Breeder has no right to offer the Animal to third parties and the Animal is considered "RESERVED" in the name of the Buyer until final payment is made at which time the Animal is reclassified as "SOLD"; unless revoked under Section 1.8.
v.
The Buyer acknowledges that this agreement may be cancelled within 72 hours of contract signing and the reservation fee shall be returned in full.
e.
If the animal is classified as a Junior, Adult, or Senior in Section 1.2(a), the Animal must be paid in full at pickup/delivery.
i.
Payment may be made in cash or by Zelle.
ii.
At the signing of this Contract, the Breeder has no right to offer the Animal to third parties and the Animal is considered "RESERVED" in the name of the Buyer until final payment is made at which time the Animal is reclassified as "SOLD"; unless revoked under Section 1.8.
iii.
The Buyer acknowledges that this agreement may be cancelled within 72 hours of contract signing and the sales price shall be returned in full.
f.
If the Breeder elects to offer the ability for Buyer to use a credit or debit card, for either the reservation fee or final payment method, Buyer acknowledges that a processing and handling fee is charged for each transaction. The combined rate of these fees is represented as 3.50% + $0.30 of the amount to be processed on the individual transaction. These fees are not retained by the Cattery, and therefore, will not be included in a refund due Buyer under any provision of this Contract.
1.7
Buyers acceptance
The Buyer agrees that the Animal may not leave the care of the Breeder before the Earliest Go Home Date listed in Section 1.5(b), provided Dam and Kitten are ready. The Earliest Go Home Date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by the Cattery Veterinary Team. If this date is extended by the Breeder no extended boarding charges will apply from the original date to the revised date, and the "NO LATER THAN" date listed in Section 1.7(a) will be extended the same number of days as the Earliest Go Home Date.
a.
The Buyer agrees that if this Contract is for the purchase of a Kitten; Buyer will collect the Animal or arrange for shipping/delivery No Later Than one (1) week from the the Earliest Go Home Date listed in Section 1.5(b). Buyer agrees that if this Contract is for the purchase of a Junior, Adult, or Senior; buyer will collect the Animal or arrange for shipping/delivery No Later Than two (3) days from the Contract Effective Date listed in Section 1.5(a). The collection window may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by the Cattery Veterinary Team.
i.
Failure to collect the Animal or arrange for shipping/delivery before the applicable No Later Than date based on the Animal's Life Stage as marked in Section 1.2(a), in accordance with Section 1.7(a), shall constitute breach of the Contract unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum {1} hereto.
ii.
An invoice for a Statement of Work for boarding as outlined in Section 2.13(a) will be provided upon request if the extended boarding is approved by the Breeder. This invoice will be sent via email and must be paid in full in accordance to Section 6.5(a).
iii.
If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.7(a)(i), this Contract is voided and full ownership of the Animal shall revert back to the Cattery.
iv.
Upon termination due to a buyer pickup default under Section 1.7(a)(iii), any reservation fee or payment in full received toward the Adoption Price is refundable, subject to an automatic deduction for administrative breach and diminished market value. The parties acknowledge that the commercial value of a Purebred Feline is tied directly to its age, and that holding an Animal past its peak socialization window significantly reduces its re-adoption value. Therefore, the Breeder shall calculate and deduct: (1) a flat $500.00 administrative and re-marketing fee, (2) the accrued Late Pickup Fee of $150.00 per week, and (3) a Diminished Market Value Fee of $500.00 per week for every week the Animal remains uncollected past the original "No Later Than" date. The Breeder will retain these combined fees as liquidated damages to compensate for lost commercial value and housing overhead, and shall refund any remaining balance to the Buyer within 30 days.
1.8
Buyers acceptance
The Breeder, in their sole discretion, may revoke/terminate the adoption of the Animal at any time and for any reason up to and including the date/time of pickup/delivery. To aid in this decision and to address any concerns the Breeder may have during the Adoption Process, at the signing of this Contract, the Buyer grants the Breeder full authorization to conduct a background screening and evaluate public social media platforms for all adult residents of the household. Furthermore, the Buyer authorizes the Breeder, or the Breeder’s authorized agent, to conduct an on-site household safety inspection and personal interview of each adult household member, with twenty-four (24) hour advance written notice.
a.
If the Breeder elects to revoke/terminate the adoption under a standard cancellation (where the Buyer has acted in good faith), the Breeder will provide an "ADOPTION TERMINATION LETTER" to the Buyer informing them of their decision.
i.
Any funds received toward the Adoption Price, including the reservation fee, will be refunded in full within 30 days. Any third-party merchant or bank processing fees not retained by the Breeder are excluded from refunds under this provision.
b.
Buyer acknowledges that if a pre-adoption questionnaire was submitted, it was completed to the best of their knowledge, free of falsifications and/or omissions, and true and complete in material detail. Buyer acknowledges that any/all follow-up interview or communication with Breeder will be truthful, accurate, and free of deception. Buyer acknowledges that they intend to act in good faith with respect to the health and wellbeing of the Animal as outlined in Section 3 and Section 4.
i.
If the Breeder discovers that the Buyer has provided materially false information, omitted critical details on screening documents, or actively failed a background or safety screening, the Breeder may immediately terminate this Contract.
ii.
Upon termination due to a material falsification, omission, or failed screening under Section 1.8(b)(i), the Buyer's right to purchase the Animal is revoked. Any funds received toward the Adoption Price are refundable, subject to an automatic deduction of a $350.00 Administrative and Screening Fee to compensate the Cattery for background check expenses, processing labor, and the active removal of the Animal from the market during the screening period. The remaining balance shall be returned to the Buyer within 30 days
iii.
If at any time prior to physical delivery, the Buyer explicitly states, implies, or demonstrates an unwillingness or inability to adhere to the definition of Adequate Care or provide a Kitten/Cat Proof Environment—including, but not limited to, refusing to provide standard indoor sanitation utilities (such as a clean litter box) or planning to force the Animal into inappropriate outdoor or unsanitary conditions—the Breeder may immediately terminate this Contract. Upon termination under this subsection, the Breeder shall refund all monies received, subject to the automatic $350.00 Administrative and Screening Fee deduction outlined in Section 1.8(b)(ii).
1.9
Buyers acceptance
Registration Eligibility of the Animal
a.
The Breeder guarantees that the Animal is a Purebred Feline of the recognized Breed listed in Section 1.1(h), and eligible for registration in the Organizations marked in Section 1.4(a), with a Registration Type as marked in Section 1.4(b).
b.
Registration of the Animal in any Organization marked in Section 1.4(a) is not required and is left to the Buyers discretion. Buyer is responsible for completing and submitting the appropriate registration forms (also known as blue slips), and for paying any associated registration fees.
c.
The Breeder shall provide the appropriate registration forms upon pickup/delivery of the Animal, except as outlined in Section 3.1 and Section 3.1(b).
d.
If the Animal is offered as Show Quality as marked in Section 1.4(b), the Breeder cannot guarantee show performance, contest wins, or that the Animal will earn title awards. The issuing of any points, ribbons, or accolades are subjective in nature as determined by the presiding judge of the show ring and/or hall.
1.10
Buyers acceptance
The Buyer acknowledges that if the Animal is purchased jointly by married or common law partners who subsequently separate, ownership of the Animal shall be determined under Family Code Regulations, and the presiding judge shall "assign sole or joint ownership of a pet animal taking into consideration the care of the animal".
a.
These statute ensures that a court must take into account what is in the best interest of the Animal in terms of care and well-being; hence, acknowledging that the Animal has an inherent right to be cared for and protected.
b.
All other forms of transfer of the Animal from the Buyer to another party are prohibited as outlined in Section 4.3(a).
SECTION 2: (Health and Guarantee)
(Buyer confirms their acceptance by initialing each provision indicated below)
2.1
Parental Genetic DNA Disclosures and Scientific Limitations
Buyers acceptance
The Cattery conducts comprehensive genetic DNA Testing on all active breeding pairs to proactively eliminate heritable diseases. This diagnostic testing is performed in conjunction with Optimal-Selection.com in a cooperative effort with The International Cat Association (TICA). All molecular analysis is executed by Neogen’s GeneSeek Operations Laboratory (4131 N. 48th Street, Lincoln, NE 68504). Certified parental test reports for the Animal’s specific Sire and Dam are included in the Buyers Document Packet.
a.
Disclosed Genetic Health Panels: The biological Sire and Dam are screened clear of mutations, or paired via scientifically sound breeding matrices to ensure the Animal is not at risk for the following heritable conditions:
i.
Acute Intermittent Porphyria (variants 1-2-3-4-5), Autoimmune Lymphoproliferative Syndrome, Burmese Head Defect, Chediak-Higashi Syndrome, Congenital Adrenal Hyperplasia, Congenital Erythropoietic Porphyria, Congenital Myasthenic Syndrome, Cystinuria Type 1A, Cystinuria Type B (variants 1-2-3), Dihydropyrimidinase Deficiency, Earfold and Osteochondrodysplasia, Factor XII Deficiency (variants 1-2), Familial Episodic Hypokalaemic Polymyopathy, Glutaric Aciduria Type II, Glycogen Storage Disease, GM1 Gangliosidosis, GM2 Gangliosidosis, GM2 Gangliosidosis Type II, Hemophilia B (variants 1-2), Hyperoxaluria type II, Hypertrophic Cardiomyopathy, Hypotrichosis, Lipoprotein Lipase Deficiency, Mucopolysaccharidosis Type I, Mucopolysaccharidosis Type VI (G1558A variant), Mucopolysaccharidosis Type VI (T1427C variant), Mucopolysaccharidosis Type VII, Multidrug Resistance 1, Myotonia Congenita, Polycystic Kidney Disease (PKD), Progressive Retinal Atrophy (rdAc-PRA), Progressive Retinal Atrophy, Pyruvate Kinase Deficiency, Sphingomyelinosis (variant 1-2), Spinal Muscular Atrophy, Vitamin D-Dependent Rickets.
b.
Serological Blood Type Disclosures: The parental genotypes are mapped to prevent Neonatal Isoerythrolysis (fading kitten syndrome) based on the following statutory blood group variants:
i.
Type A: The dominant feline blood group, possessing the A antigen. Felines may be homozygous (AA) or heterozygous (A/b).
ii.
Type B: A less common recessive profile, possessing the B antigen. Felines are strictly homozygous (b/b).
iii.
Type AB: The rarest profile, possessing both A and B antigens. Felines are heterozygous (a/b).
c.
Phenotypic Traits and Genetic Diversity Mapping: The Cattery screens parental loci to trace lineage, coat diversity, and structural features, including:
i.
Agouti (A) Locus: Charcoal (Apb), Non-Agouti (a).
ii.
Brown (B) Locus: Chocolate (b), Cinnamon (bl).
iii.
Color (C) Locus: Colorpoint (cb), Colorpoint (cs), Mocha (cm), Albinism (c).
iv.
Dilution (D) Locus: Dilution (d).
v.
Extension (E) Locus: Amber (e), Russet (er).
vi.
White Patterns: Gloves (white feet), White Spotting, Dominant White.
vii.
Structural & Coat Variants: Glitter coat, Hairlessness, Long hair (mutation M1), Long hair (mutation M2), Long hair (mutation M3), Long hair (mutation M4), Lykoi coat (mutation Ca), Lykoi coat (mutation VA), Rexing, Short tail (two variants), Polydactyly (mutation HW), Polydactyly (mutation UK1).
d.
Legal Limitation of DNA Disclosures: The Buyer explicitly acknowledges that genetic science has inherent limitations.
i.
DNA testing screens for known, targeted heritable genetic markers existing in the parent cats at the time of testing.
ii.
A negative parental DNA report does not guarantee that the Animal will never develop a health issue, as it cannot predict spontaneous biological mutations, non-genetic adult-onset illnesses, or diseases triggered by environmental or nutritional factors after leaving the Cattery.
iii.
These DNA disclosures are provided for transparency and biological history; they do not expand the scope of the limited warranties defined in Sections 2.5 and 2.6.
2.2
Parental Screenings, Preventive Care Protocols, and Veterinary Affiliations
Buyers acceptance
The Buyer acknowledges that the Breeder implements proactive, continuous clinical screening of all breeding pairs alongside standardized veterinary protocols for the Animal prior to transfer.
a.
Continuous Parental Screenings: In addition to the genetic DNA testing detailed in Section 2.1, the biological Sire and Dam of the Animal undergo mandatory annual clinical wellness examinations. These exams include specialized veterinary screenings to monitor for cardiac abnormalities, murmurs, and late-onset health conditions.
b.
Preventive Juvenile Protocols: Prior to the scheduled Go-Home Day, the Animal receives a comprehensive veterinary clearance exam (as structured in Section 2.5), age-appropriate preventative core vaccinations, and routine parasite deworming regimens as directed by the Cattery Veterinary Team.
c.
Designated Veterinary Facilities: To maintain transparency and facilitate the verification of medical records, the Cattery utilizes the following licensed providers for primary, diagnostic, and specialty care:
i.
Primary Care & Surgical Facility:
Southern Kern Veterinary Clinic
4455 West Rosamond Blvd
Rosamond, CA 93560
(661) 256-8121
ii.
Tele-health & Advanced Diagnostic Laboratory:
Noble Manes Clinic & Laboratory
5716 Vahan Ct
Lancaster, CA 93536
(661) 727-0196
iii.
Alternate Care Provision: Additional veterinary services, emergency care, or specialty evaluations may be administered by alternate licensed clinics or mobile providers at the sole operational discretion of the Cattery Veterinary Team to safeguard the health of the Animal or prevent delivery delays.
2.3
Misgendering Disclaimers, Credits, and Remedies
Buyers acceptance
The Buyer acknowledges that determining the sex of juvenile felines can be clinically challenging, and while the Breeder and the Cattery Veterinary Team execute multiple checks from birth through delivery, visual misgendering can occasionally occur.
a.
Pre-Delivery Discovery of Misgendering: If a gender discrepancy is discovered by the Cattery Veterinary Team prior to the Animal leaving the Cattery, the Breeder shall immediately notify the Buyer in writing. The Buyer may elect one (1) of the following options:
i.
Proceed with Adoption: The Buyer may accept the Animal as-is, automatically amending Section 1.1(k) of this Contract to reflect the true biological gender.
ii.
Withdraw & Future Litter Credit: The Buyer may withdraw from the specific animal's adoption and receive a credit equal to 100% of the original adoption price to be used toward a kitten from an upcoming litter.
b.
Future Litter Credit Adjustments: If the Buyer elects to withdraw prior to delivery under Section 2.3(a)(ii):
i.
If the replacement kitten selected by the Buyer has a higher adoption price, the Buyer shall be responsible for paying the financial difference.
ii.
If the replacement kitten selected by the Buyer has a lower adoption price, the remaining unused balance of the credit shall be fully refunded to the Buyer within thirty (30) days of executing the new adoption contract.
c.
Post-Delivery Discovery Timeline: If a gender discrepancy is first diagnosed by a licensed veterinarian after the Buyer takes physical possession of the Animal:
i.
Initial 15-Day Window: If discovered and reported within fifteen (15) days of delivery, it constitutes a delivery error. The Buyer may return the Animal for a 100% full refund of the purchase price or exchange it immediately if a suitable animal of the originally requested gender and quality is available.
ii.
Extended Window Cutoff: If a misgendering discrepancy is reported after the initial 15-day window has expired, no cash refunds will be authorized. The Breeder shall have an exclusive period of six (6) months from the date of the confirmed diagnosis to provide a suitable replacement animal of the originally requested gender under the credit terms of Section 2.3(b).
2.4
Baseline Health Warranty on Transfer and Delivery Contingencies
Buyers acceptance
The Breeder guarantees that the Animal is, to the best of the Breeder’s actual knowledge, free from life-threatening genetic defects, severe congenital diseases, and active clinical parasites, and is in good health at the time of sale. Deafness in white and/or dominant blue-eyed cats is explicitly excluded from this general clause and is governed strictly by the specialized parameters of Section 2.10.
a.
Breeder's Right to Delay Delivery: The Breeder reserves the absolute right to temporarily postpone the scheduled date of delivery or collection if the Cattery Veterinary Team determines a delay is clinically necessary to ensure the health, stabilization, or travel safety of the Animal. A temporary health hold placed under this subsection does not constitute a breach of contract by the Breeder.
b.
Pre-Delivery Nondelivery, Mortality, or Permanent Unavailability: If the Breeder is completely unable to deliver the specific Animal specified in this Contract due to pre-delivery mortality, severe injury, permanent clinical illness, or developmental unfitness, the Breeder shall immediately notify the Buyer in writing.
i.
The Buyer shall have the immediate right to elect either: (1) an immediate 100% full refund of all deposits, cattery fees, and adoption fees paid to date; or (2) a priority 100% credit toward an alternate available kitten or a kitten from a future upcoming litter.
ii.
If the Buyer elects a future litter credit and a replacement kitten of equivalent value and gender cannot be mutually agreed upon and provided by the Breeder within six (6) months of the notice date, any remaining unused credit shall be fully refunded to the Buyer.
c.
Travel and Domestic Shipping Documentation: If the Animal is being shipped via an approved pet courier or air transport provider, it shall be accompanied by an official, signed Veterinary Health Certificate issued by a licensed veterinarian within the timeline required by law.
i.
The administrative cost of the specialized veterinary examination appointment and the formal issuance of the health certificate is separate from the base adoption price of the Animal.
ii.
The Buyer is solely responsible for this fee, which is enumerated and charged in Section 6.4(g).
2.5
Initial Health Guarantee and California Statutory Remedies
Buyers acceptance
The Animal is veterinarian-cleared as healthy prior to leaving the Cattery. This Section is governed by California consumer protection laws. If the Animal is found to be ill or possesses a congenital/hereditary defect, the Buyer’s statutory rights shall be preserved and fulfilled as outlined below.
a.
Exit Wellness Check: An exit wellness check (the "GO HOME VETERINARIAN CLEARANCE") is conducted prior to the Animal leaving the Cattery.
i.
This clinical assessment includes checking each of the following areas: coat/skin, head/neck, eyes, ears, nose, mouth/throat, gums/ teeth, chest, abdomen, legs/joints, paws/pads, back/spine, tail, genitals.
ii.
The diagnostic assessment includes the following: gender confirmation, weight measurement, listening for lung and heart sound anomalies, detection and grading of any murmur.
iii.
The Animal will only be permitted to leave the Cattery for shipping to, or collection by, the Buyer upon the Animal receiving a healthy endorsement and go home clearance by the by the Cattery Veterinary Team. The Breeder will place a temporary pickup hold at the direction of the Cattery Veterinary Team on the Animal for indications of minor illness. The new pickup date will be determine on the recommendation of the Cattery Veterinary Team.
b.
Initial Health Transition Window: If, within fifteen (15) days of the date the Buyer takes physical possession of the Animal, a licensed veterinarian certifies that the Animal is ill or dies due to an infectious or contagious disease, illness, or pre-existing medical condition that originated prior to leaving the Cattery, the Buyer is entitled to the remedies outlined in Section 2.5(c). The Cattery Veterinary Team must review and verify all diagnostic files. This transition warranty is strictly null and void if the clinical diagnosis stems from a failure to maintain a clean Kitten/Cat Proof Environment or provide Adequate Care for the Feline as outlined in Section 4.10.
i.
Any chronic congenital or hereditary conditions diagnosed outside of this 15-day window shall be evaluated strictly under the provisions and timelines of Section 2.6.
c.
Buyer’s Choice of Remedies: for Initial Illness: If a qualifying illness or pre-existing condition is diagnosed within the initial 15-day window, the Buyer may elect one (1) of the following three (3) remedies:
i.
Return and Full Refund: The Buyer may return the Animal to the Cattery for a 100% refund of the Adoption Price, plus reimbursement for reasonable veterinary fees directly related to diagnosing the illness. No cattery, restocking, or processing fees shall be deducted.
ii.
Exchange: The Buyer may exchange the Animal for a healthy animal of equivalent value, plus reimbursement for reasonable veterinary fees directly related to diagnosing the illness.
iii.
Keep and Reimburse: The Buyer may retain ownership of the Animal and receive reimbursement for reasonable veterinary expenses incurred for medical treatment. By law, this reimbursement is capped at 150% of the Animal's original Adoption Price as listed in Section 1.3(a).
d.
Utilization of Go-Home Insurance & Deductible Support: To assist the Buyer in accessing immediate, out-of-pocket financial relief under the "Keep and Reimburse" treatment option (Section 2.5(c)(iii)), the Breeder provides a 30-day Trupanion insurance policy featuring immediate coverage as outlined in Section 4.4.
i.
The Breeder strongly encourages the immediate activation of this policy on Go-Home Day to provide seamless electronic claims processing.
ii.
If the Buyer elects to keep the Animal and treat the illness under Section 2.5(c)(iii), all qualifying medical bills may be routed through the provided insurance policy.
iii.
To ensure the Buyer incurs zero net expenses for choosing treatment, the Breeder shall directly pay or fully reimburse the Buyer for the Trupanion policy deductible associated with a valid claim under this Section.
e.
Notification Timeline: To successfully claim an initial illness remedy under this Section, the Buyer must notify the Breeder and provide copies of the written veterinary diagnostic reports within five (5) days of receiving the finalized veterinary diagnosis. Failure to provide notification within this window may constitute a waiver of the initial 15-day warranty.
f.
Cattery Protections and Limitations:
i.
Second Opinion. Upon receipt of a written certification of illness or defect from the Buyer's veterinarian, the Breeder reserves the right to request a second clinical examination of the Animal by a veterinarian of the Breeder's choosing, at the Breeder's expense.
ii.
Excluded Liability: The Breeder is not responsible for illness or injury resulting from the Animal's exposure to other animals in violation of quarantine requirements (Section 3.4), or from the Buyer's explicit mishandling, mistake, neglect, or accident.
iii.
Surgical Site Complications: The Breeder is not responsible for injury or illness resulting from adverse reactions to the alter procedure/surgical site caused by grooming, licking, chewing, suture allergies, or any activity that actively disrupts the natural healing process.
iv.
Reversion of Ownership: If the Animal is returned under a valid claim, ownership shall revert to the Cattery. The Buyer agrees to cooperate fully in signing and forwarding paperwork necessary for the re-registration of the Animal.
2.6
Congenital Health Guarantee & Replacement Policy
Buyers acceptance
The Animal is guaranteed against severe, life-altering Material Congenital Defects (defined as documented, genetic conditions that significantly reduce the life of the Animal, restrict the Animal’s normal physical activity, or cause abnormal pain to the Animal). If a qualifying Material Congenital Defect is diagnosed within the timelines below, the Breeder shall replace the Animal with a healthy Feline of equivalent value and target quality as outlined herein.
a.
Kitten and Junior Coverage Timeline: If this Contract is for the purchase of a Kitten or Junior (as defined in the Life Stage parameters), the Animal is guaranteed against Material Congenital Defects until three (3) years of age.
b.
Adult, Senior, or Former Breeder Coverage Timeline: If the Animal is an Adult, Senior, or Former Breeder (as defined in the Life Stage parameters), the Animal is guaranteed against Material Congenital Defects for a period of one (1) year from the Earliest Go Home Date, regardless of the biological age of the Animal.
c.
Veterinary Certification and Diagnostic Rules:
i.
To trigger a replacement claim, the condition must be diagnosed and documented via a formal, written clinical assessment by a licensed veterinarian and verified by the Cattery Veterinary Team.
ii.
Suspected conditions, inconclusive laboratory tests, or borderline evaluations shall not be considered confirmation of a Material Congenital Defect.
iii.
Hypertrophic Cardiomyopathy (HCM) Boundary: This hereditary guarantee explicitly covers early-onset Juvenile Hypertrophic Cardiomyopathy (JHCM). Environmental, dietary, or adult-onset murmurs or HCM not definitively traceable to hereditary line genetics are excluded.
iv.
Second Opinion: Upon receipt of a veterinary certification of a congenital defect, the Breeder reserves the right to request a second clinical opinion or evaluation of diagnostic files by a specialist of the Breeder’s choosing, at the Breeder’s expense.
d.
Notification Timeline: The Buyer must notify the Breeder and provide copies of the veterinary diagnostic reports within five (5) business days of receiving the finalized veterinary diagnosis. Failure to provide notification within this 5-day window may constitute a waiver of the warranty for that specific incident.
e.
Fulfillment of Replacement:
i.
In the event of a verified, eligible claim, the Breeder shall replace the Animal with a healthy Feline matching the initial quality designation—either Pet Quality or Show Quality—from an upcoming litter.
ii.
No Cash Refunds: Cash refunds will not be issued under this Section unless the Breeder is completely unable to provide a suitable, equivalent replacement animal within six (6) months of the validated diagnosis date.
iii.
The Breeder is not responsible for any veterinary treatment costs or surgery fees, which are expected to be managed via the provided pet insurance policy or out-of-pocket by the Buyer.
2.7
Hypertrophic Cardiomyopathy (HCM) Classifications and Exclusions
Buyers acceptance
Hypertrophic Cardiomyopathy (HCM) is the most encountered heart disease in cats, characterized by an abnormal thickening (hypertrophy) of the walls of the heart, usually the left ventricle. The parties agree that liability for HCM under this Contract is strictly limited based on the following medical classifications:
a.
Juvenile HCM (Covered Condition):
i.
Genetic Definition: There is a juvenile form of HCM affecting young cats (six months of age and younger) that is confirmed as an autosomal dominant inherited genetic trait.
ii.
Detectability: This juvenile form is consistently accompanied by heart murmurs and/or arrhythmias detectable by a stethoscope as early as two (2) weeks of age.
iii.
Screening & Coverage: The Cattery screens for this condition during the Go Home Exit Veterinarian Clearance (Section 2.5). Early-onset Juvenile Hypertrophic Cardiomyopathy (JHCM) diagnosed within the applicable statutory or contract windows is the only form of cardiac hypertrophy covered under the genetic warranty provisions of Section 2.6(c)(iii).
b.
Adult/Idiopathic HCM (Strictly Excluded):
i.
Adult-onset HCM is typically diagnosed in middle-aged or mature cats. The medical cause of adult-onset HCM has not been clearly identified and can be triggered by environmental factors, diet, stress, high blood pressure, or non-genetic systemic illness.
ii.
Because adult-onset HCM is idiopathic (spontaneous) and not definitively traceable to hereditary line genetics from the Dam or Sire, all forms of non-juvenile HCM, adult-onset murmurs, and late-developing cardiac thickening are strictly excluded from coverage under all sections of this Contract.
c.
Cattery Preventative Screening Protocol: To minimize the risk of hereditary heart disease, the Cattery actively executes the following annual screening protocols for all breeding Sires and Dams:
i.
Clinical monitoring for indications of stretch, tension, or stress on the myocardium.
ii.
Diagnostic tracking for thickened walls, constricted volume, or chamber changes of the left ventricle of the heart.
iii.
The Buyer acknowledges that these extensive parental screenings constitute a good-faith, industry-standard effort by the Breeder to eliminate hereditary defects, and that the Breeder cannot guarantee against spontaneous, non-genetic adult mutations.
2.8
Naturally Occurring Conditions and Purebred Lifespan Disclaimers
Buyer acknowledges provision
The Buyer acknowledges and agrees that purebred animals may develop or acquire illnesses, chronic diseases, or physical abnormalities over the course of their lifespan that are completely beyond the genetic or operational control of the Breeder. These are recognized as Naturally Occurring medical conditions.
a.
Classifications of Lifespan Medical Risks: The Buyer accepts full financial and medical responsibility for conditions caused by:
i.
Infectious Agents: Post-delivery exposure to bacteria, viruses, fungal spores, or parasites.
ii.
Environmental Factors: Exposure to domestic toxins, household hazards, structural injuries, nutritional mismanagement, stress from relocation, or unapproved diets.
iii.
Aging-Associated Factors: Wear-and-tear conditions whose clinical incidence and prevalence naturally increase as the Animal matures.
b.
Comprehensive Exclusion of Environmental and Viral Pathogens: Except as expressly covered during the initial 15-day transition window outlined in Section 2.5, illnesses, secondary infections, or symptoms caused by or related to allergies, airborne particles, fleas, ticks, mosquitoes, food sensitivities, or environmental molds are strictly excluded from coverage. This absolute exclusion applies to the lifespan development of conditions including, but not limited to:
i.
Aspergillosis, Blastomycosis, Bordetella Bronchiseptica, C. Perfringens, C. Botulinum, Campylobacter, Candidiasis, Canine Parvovirus (CPV), Cat-Scratch Disease (CSD), Cat Skin Disorders (Mange, and Lice Infestations), Central Retinal Degeneration, Chlamydophila Felis, Clostridium Difficile, Coccidioidomycosis, Cowpox, Cryptococcosis, Cryptosporidium, Cuterebriasis, Diabetes, Dermatophytosis (Ringworm), E. Coli, Feline Acne, Feline Asthma, Feline Calicivirus (FCV), Feline Coronavirus (FCoV), Feline Eosinophilic Granuloma Complex (EGC), Feline Famy Virus or Feline Syncytial Virus (FeFV, or FFV), Feline Hemotrophic Mycoplasmosis (FHM), Feline Hepatic Lipidosis, Feline HerpesVirus (FHV-1), Feline Hyperadrenocorticism, Feline Hyperaldosteronism, Feline Hyperesthesia Syndrome, Feline Hypoadrenocorticism, Feline Idiopathic Cystitis (FIC), Feline Immunodeficiency Virus (FIV), Feline Infectious Anemia (FIA), Feline Infectious Peritonitis (FIP), Feline Leprosy Syndrome, Feline Leptospirosis, Feline Leukemia (FeLV), Feline Panleukopenia Virus (FPV), Feline Viral Rhinotracheitis (FVR), Feline Sarcoma Virus, Feline Spongiform Encephalopathy (FSE), Feline Viral Enteritis, Flea Allergy Dermatitis, Florida Keratopathy, Gastrointestinal Parasites (including; Aelurostrongylosis, Coccidia, Flukes, Giardia, Hairworms, Heartworms, Kidney Worms, Ollulanosis, Roundworms, Stomach Worms, Sucking Worm, Tapeworms, Toxoplasma, Trichinosis, Whipworms), Haemophilus Felis, Head Pressing, Histoplasmosis, Influenza A virus (includes H1N1, H3N2, H3N8, H5N1, H7N2), Keratoconjunctivitis Sicca, Leishmaniasis, Lyme Disease, Lymphocytopenia, Mastocytoma, Miliary Dermatitis, Mycetomas, Otitis Externa, Phaeohyphomycosis, Protothecosis, Pseudorabies, Rabies, Rhinosporidiosis, Rickettsia Felis, Rodent Ulcers (including: Eosinophilic Ulcers, Indolent Ulcers), Salmonella, Sporotrichosis, Staphylococcus Aureus, Tetanus, Thelaziasis, Toxoplasmosis, Trichomonas/Tritrichomonas, Tyzzer's disease, Yersinia Enterocolitica and Enterotoxigenic.
c.
Purebred Predispositions and Chronic Illness Exclusions: Purebred felines may possess biological predispositions to certain chronic, structural, or metabolic abnormalities. The parties explicitly agree that the following conditions are not considered Material Congenital Defects under Section 2.6 and are completely excluded from breeder liability:
i.
Ectopia Lentis (a displacement or malposition of the eye's lens), Feline cognitive dysfunction (FCD), Feline Entropion (eyelid rolls inward), Feline Odontoclastic Resorption Lesion (FORL), Flat-Chested Kitten Syndrome, Gingivostomatitis (inflammation of the gums), Hyperthyroidism (excessive production of thyroid hormones), Inflammatory Bowel Disease (IBD, or IBS), Intussusception (twisted intestine, or intestinal torsion), Luxating Patella (trick knee), Polyneuropathy, Psychogenic Alopecia (over-grooming), Urinary Tract Infections; are not considered material congenital defects as outlined in Section 2.6.
d.
Absolute Buyer Financial Responsibility: The clinical development, diagnostic processing, and long-term veterinary treatment of any condition listed in Sections 2.8(b) or 2.8(c), or any other naturally occurring lifespan condition, are the sole and exclusive financial responsibility of the Buyer.
e.
Limitation of Liability and Cutoff: No refunds, exchanges, veterinary bill reimbursements, or other monetary considerations will be provided to the Buyer for illness, chronic disease management, or mortality resulting from any naturally occurring or pre-disposed condition diagnosed after the expiration of the initial 15-day window (Section 2.5), unless the condition strictly qualifies as a severe Material Congenital Defect under the precise terms and timelines of Section 2.6.
2.9
Nutritional Integrity Mandate
Buyers acceptance
Providing appropriate nutrition is a core, non-negotiable element of providing Adequate Care over the lifespan of the Animal. The Buyer contractually agrees to follow the strict, systematic feeding and dietary transition guidelines established in Section 4.9. Any deployment or introduction of an unapproved homemade raw diet dynamically voids all extended warranties for Material Congenital Defects under Section 2.6, as structural nutritional deficiencies can artificially induce cardiac, skeletal, and organ failures that perfectly mimic hereditary disease.
2.10
Specialized Lineage Deafness Evaluation and Warranty Exclusions
Buyers acceptance
If the Animal is sourced from a pedigree line known for specific Coat Characteristics, the Breeder warrants that the Animal is free from Congenital Hereditary Sensorineural Deafness at the time of physical departure from the Cattery.
a.
Alignment with Breed Conformation: This specific lineage health warranty covers only those auditory conditions that are Naturally Occurring, present at birth, or developed during the first month of life, and which are structurally linked to the Breed and Coat Characteristics specified in the Breed Standard.
b.
Mandatory Veterinary Verification: To trigger a valid claim under this Section, the Buyer must provide an official Brainstem Auditory Evoked Response (BAER) diagnostic test or a certified clinical assessment executed by a board-certified veterinary neurologist. All diagnostic files and medical records must be submitted to the Cattery Veterinary Team for secondary verification and final approval.
c.
Strict Environmental and Neglect Exclusions: This warranty strictly excludes, and the Breeder assumes zero financial or replacement liability for, any secondary or acquired hearing loss, unilateral deafness, or auditory degradation caused by:
i.
Direct physical trauma, head injury, or loud acoustic shock experienced after leaving the Cattery.
ii.
Severe, untreated ear mite (Otodectes cynotis) infestations or progressive bacterial/fungal ear infections left unmanaged by the Buyer.
iii.
Toxic reactions to unapproved topical ear cleaners or medications administered without the guidance of a licensed veterinarian.
iv.
Any failure by the Buyer to maintain a safe, clean Kitten/Cat Proof Environment or provide basic Adequate Care for the Feline.
d.
Exclusivity of Remedy: If Congenital Hereditary Sensorineural Deafness is definitively verified by the Cattery Veterinary Team, the Buyer’s sole and exclusive contract remedy is a replacement Feline of equal Pet Quality or Show Quality value from a future litter, in accordance with the fulfillment mechanics established in Section 2.6(e). No cash refunds or veterinary treatment reimbursements shall be issued.
2.11
Aesthetic Disclaimers, Temperament, and Development Limitations
Buyers acceptance
The Buyer explicitly acknowledges and agrees that the Breeder makes no warranties, guarantees, or representations regarding the ultimate personality, temperament, behavioral traits, show quality, or breeding viability of the Animal. Furthermore, the Breeder cannot guarantee the adult size, weight, structural body shape, coat length, coat color, thickness of fur or mane, ear height, eye color changes, or any other physical trait based on the appearance of the Animal as a kitten or on adoption day.
a.
Influence of Husbandry on Development: The Buyer acknowledges that the structural growth, weight management, and physical development of the Animal are substantially influenced, aided, or hindered by the environment, daily care, physical exercise, and specific nutrients provided by the Buyer after delivery.
b.
Care and Diet Deviations: While the nutritional guidelines outlined throughout this Contract represent professional recommendations for optimal development, any significant structural deviations or alternative diets should be managed under the direct supervision of a licensed veterinarian.
c.
Exclusion of Liability for Care-Induced Issues: The Breeder shall not be held liable, and all warranties for refund, replacement, or medical compensation under Section 2 of this Contract are explicitly waived, if a diagnosed physical abnormality, skeletal deformity, or metabolic health condition is determined by a licensed veterinarian to be a direct clinical consequence of:
i.
Nutritional neglect, starvation, obesity, or a deficient diet provided by the Buyer.
ii.
Improper physical restriction, environmental hazards, or severe lack of veterinary care while in the Buyer's custody.
iii.
The Breeder reserves the right to request full veterinary records and nutritional histories to verify that a claimed structural or health defect is truly congenital (Section 2.6) rather than a direct result of environmental or dietary mismanagement.
2.12
Autonomy of Medical Decisions and Exclusion of Veterinary Malpractice
Buyers acceptance
The Buyer acknowledges and agrees that once the Animal has left the care of the Cattery for shipping to, or collection by, the Buyer, any and all medical, surgical, and veterinary treatment decisions with respect to any subsequent illness or injury are borne exclusively by the Buyer and the attending licensed veterinarian of the Buyer’s choosing.
a.
Exclusion of Liability for Third-Party Medical Negligence: The Breeder has no control over the clinical judgment or execution of medical care provided by third-party veterinary clinics. Therefore, the Breeder is not responsible or financially liable for any illness, injury, worsened medical condition, or mortality resulting from:
i.
Veterinary misdiagnosis, clinical malpractice, professional negligence, or surgical errors.
ii.
The prescribing of an incorrect course of treatment, pharmaceutical drug interactions, or accidental medication overdoses administered by the Buyer or the Buyer's veterinary staff.
b.
Limitation of Reimbursement for Unreasonable Care: While the Breeder may provide reimbursement for initial diagnostic or deductible fees under the strict provisions of Section 2.5, this financial obligation is limited to standard, reasonable, and industry-accepted veterinary practices.
i.
The Breeder shall not provide any financial compensation, refund, or reimbursement for costs associated with experimental procedures, unapproved holistic treatments, or secondary injuries caused directly by veterinary mismanagement.
ii.
In the event of a dispute regarding a veterinarian's treatment plan or diagnosis, the Breeder’s right to a mandatory second clinical opinion (as outlined in Sections 2.5(f)(i) and 2.6(c)(iv)) shall take immediate precedence before any financial compensation is authorized.
2.13
Animal Boarding Provisions and Daily Rates
Buyers acceptance
The Breeder offers extended boarding services at the Cattery for families requiring additional time to pick up or collect the Animal past the originally scheduled transfer date.
a.
Scheduled Voluntary Boarding: For voluntary boarding requests arranged in advance to accommodate the Buyer's scheduling needs (as outlined in Section 1.7(a)), boarding services shall be billed to the Buyer at a standard rate of twenty-five dollars ($25.00) per calendar day.
b.
Unscheduled or Contract-Mandated Boarding: If additional boarding is required due to an unscheduled delay, a breach of pickup timelines by the Buyer, or as mandated by any other enforcement provision of this Contract, the services shall be billed at an administrative rate of forty dollars ($40.00) per calendar day.
c.
Terms of Release: All accrued boarding fees must be paid in full by the Buyer prior to the Animal being released from the Cattery for shipping or physical collection. Failure to settle outstanding boarding balances may result in a forfeiture of the pickup date and the accumulation of further daily fees under Section 2.13(b).
SECTION 3: (Buyer's Responsibilities)
(Buyer confirms their acceptance by initialing each provision indicated below)
3.1
Sterilization Mandate, Deadlines, and SpaySecure Verification
Buyers acceptance
If the Animal is sold as a Household Pet, it must be permanently altered (spayed or neutered) in compliance with the bylaws of the registrable feline Organizations and ethical breeding standards.
a.
Early Alteration Prior to Delivery: If the Animal is altered by the Cattery Veterinary Team before leaving the Cattery, all official pedigree registration papers for the Organizations marked in Section 1.4(a) shall be included directly in the Buyers Document Packet.
b.
Post-Delivery Alteration Obligations: If the Animal is transferred unaltered, the Buyer assumes strict contractual responsibility for altering the Animal by the designated "STERILIZATION DEADLINE" outlined below:
i.
Kittens: Must be altered before reaching ten (10) months of age. The Animal's date of birth is listed in Section 1.1(d).
ii.
Juniors, Adults, or Seniors: Must be altered within thirty (30) days of the Contract Effective Date listed in Section 1.5(a).
iii.
Pedigree Paper Release: Official registration papers shall be strictly withheld by the Breeder and will only be provided to the Buyer after satisfactory third-party proof of alteration is submitted and approved via SpaySecure.
c.
Third-Party Verification via SpaySecure: The Cattery utilizes SpaySecure for the tracking, audit, and legal confirmation of all sterilization mandates. The Buyer is required to execute the digital SpaySecure Agreement and follow all procedural guidelines therein.
i.
Submission Deadline: Verified sterilization documents must be successfully uploaded to the SpaySecure Portal by the Sterilization Deadline (Section 3.1(b)) or within ten (10) days following the surgical operation, whichever occurs earlier.
ii.
Warranty Forfeiture for Non-Execution: Execution of the separate, mandatory SpaySecure Contract is a strict prerequisite for structural health warranty coverage under this Agreement. If the Buyer fails to fully execute the mandatory SpaySecure Contract within ten (10) days of signing this Agreement, the Buyer automatically, permanently, and completely waives all rights to the long-term Congenital and Hereditary health guarantees outlined in Section 2.6 and Section 2.10.
iii.
Medical Extensions: A temporary extension of the Sterilization Deadline may only be granted if a licensed veterinarian provides a written, good-faith clinical assessment stating that a spay or neuter operation would actively jeopardize the life or basic health of the Animal. This medical hold must be submitted to SpaySecure prior to the expiration of the original deadline.
3.2
Breach of Sterilization Mandate, Unauthorized Breeding, and Multi-Tiered Financial Damages
Buyers acceptance
A failure to spay or neuter the Animal by the applicable Sterilization Deadline without the express, signed, written approval of the Breeder constitutes an immediate, material breach of this Contract, as well as a severe violation of the Terms and Conditions of the SpaySecure Contract. Remedies for this material breach are categorized by severity into the following tiers:
a.
Tier 1 Breach: Non-Compliance Without Breeding: In the event the Buyer fails to alter the Animal by the Sterilization Deadline, but no unauthorized mating or litter has occurred, the Buyer shall be subject to:
i.
All administrative penalties and enforcement collection fees outlined in the signed SpaySecure Agreement.
ii.
A non-negotiable contract violation fine of five thousand dollars ($5,000.00) payable directly to the Breeder as liquidated damages for unauthorized open-room housing of an intact pedigree animal.
iii.
Strict liability for all court costs, service fees, mediation fees, and reasonable attorney fees incurred by the Breeder to compel compliance or collect outstanding damages.
b.
Tier 2 Breach: Unauthorized Breeding and Litter Production: The Buyer explicitly acknowledges that the unauthorized breeding of the Breeder's pedigree lines causes catastrophic, irreparable commercial damage to the Cattery’s genetic exclusivity and business reputation. If the unaltered Animal produces or fathers a litter of offspring, the following strict penalties apply:
i.
Commercial Liquidated Damages: The Buyer shall be immediately liable to pay the Breeder a commercial breeding penalty of fifteen thousand dollars ($15,000.00). The parties agree that this sum represents a fair and reasonable contractual estimate of the market value of a professional breeding-rights animal and the resulting market dilution caused by an unapproved litter.
ii.
Pedigree Forfeiture: No pedigree, registration, or lineage transfer papers shall ever be issued for the unapproved offspring. The Buyer is strictly prohibited from marketing, selling, or placing the offspring as registered animals of this breed line.
iii.
Full Cost Recovery: The Buyer assumes total financial responsibility for all court fees, expert witness fees, forensic DNA testing fees (if required to prove parentage), and reasonable attorney costs incurred by the Breeder to enforce this provision.
3.3
Mandatory Biosecurity Quarantine Protocols and Liability Waivers
Buyers acceptance
The Buyer assumes full responsibility for executing proper biosecurity quarantine procedures immediately upon introducing the Animal into its new domestic environment. Adherence to these protocols is critical to safeguard the developing immune system of the Animal from external pathogens.
a.
Required Quarantine Timeline: The Animal must be strictly quarantined and physically isolated from all other household pets, regardless of species, for a minimum period of ninety-six (96) consecutive hours following arrival at the Buyer’s residence.
b.
Definition of Proper Quarantine Procedures: To satisfy this biosecurity requirement, the Buyer must execute the following containment measures:
i.
Physical isolation of the Animal in a clean, secure, and quiet designated room (e.g., a spare bedroom or bathroom).
ii.
Thorough disinfection of the designated quarantine space prior to the Animal's arrival.
iii.
Mandatory hand washing and clothing adjustments by the handler between interacting with different animals.
iv.
Provision of entirely separate food bowls, water dishes, toys, grooming tools, and litter box accommodations dedicated exclusively to the Animal.
c.
Evidentiary Monitoring and Causation: The Breeder reserves the right to review any visual evidence, digital communications, or public social media disclosures volunteered by the Buyer to verify compliance with this containment provision in the event a health claim is filed.
d.
Exclusion of Liability for Cross-Contamination: The Breeder is not responsible for, and shall not provide any financial compensation, refunds, or replacement animals for, any contagious diseases, upper respiratory infections, or viral pathogens transmitted between animals once the Animal has left the direct custody of the Cattery.
i.
If a licensed veterinarian diagnoses the Animal with a communicable illness within the initial 15-day window (Section 2.5), and clinical evidence demonstrates that the illness was proximately caused or exacerbated by a failure to maintain the mandatory 96-hour quarantine, the Buyer explicitly waives all rights to medical reimbursement or refunds for that specific condition.
3.4
Mandatory Initial Post-Arrival Veterinary Examination
Buyers acceptance
The Buyer assumes strict responsibility for scheduling and completing a comprehensive, independent post-arrival clinical examination of the Animal to establish a neutral baseline of its physical health.
a.
Examination Timeline: The Animal must be thoroughly examined by a licensed veterinarian within ninety-six (96) hours following the exact time the Animal arrives at its final destination or is collected by the Buyer.
b.
Mandatory Third-Party Neutrality: To ensure a completely unbiased evaluation, this baseline examination must be performed by a neutral third-party clinic. The Buyer is explicitly prohibited from utilizing any primary care or diagnostic clinic associated with the Cattery's internal veterinary team. The facilities listed in Section 2.2(a)(i) and Section 2.2(b)(i) are disqualified from performing this specific initial exam.
c.
Documentation and Reporting Procedures: The findings of this initial examination must be fully documented by the attending veterinarian on the Cattery’s official "1ST EXAM REPORT" form provided in the Buyer’s Document Packet.
i.
Digital Submission Deadline: A clear, legible digital copy (such as a high-resolution photograph or scanned PDF) of the completed 1st Exam Report, along with any accompanied clinical clinic notes, must be submitted to the Breeder via email or the designated cattery communication channel within forty-eight (48) hours of the appointment conclusion.
ii.
Physical Archiving. The physical copy of the report containing the original signatures of the attending veterinarian and the Buyer should be retained by the Buyer and made available upon request in accordance with Section 7.
d.
Consequences of Non-Compliance: Completion of this 96-hour baseline examination and the timely submission of the report constitute a strict condition precedent for long-term extended warranty coverage.
i.
Forfeiture of Extended Breeder Warranties: If the Buyer fails to have the Animal examined within the required 96-hour window, or fails to submit the digital report within the designated 48-hour post-appointment deadline, the Buyer permanently and completely waives all rights to the optional, long-term Congenital/Hereditary replacement guarantees outlined in Section 2.6 and Section 2.10.
ii.
Preserved Statutory Rights: In alignment with California law, a failure to complete this initial exam does not restrict the Buyer's baseline 15-day initial transition rights for pre-existing contagious illnesses, provided the illness can be clinically proven to have originated within the Cattery prior to delivery.
3.5
Minor Child Interaction Protocols and Animal Welfare Mandates
Buyers acceptance
The Buyer acknowledges that domestic felines require gentle, patient, and supervised handling, particularly during their juvenile developmental stages. Careless or overly rough treatment of the Animal creates severe safety risks for both the pet and the human household members involved.
a.
Supervised Introduction and Behavioral Integration: To ensure a safe domestic transition, any children residing in or visiting the household must be introduced to the Animal gradually and under the direct, continuous supervision of a parent or legal guardian. The Buyer is strongly encouraged to utilize the "UNDERSTANDING CAT BEHAVIOR" guide included in the Buyer’s Document Packet to educate minors on feline body language, stress indicators, and boundaries.
b.
Mandatory Supervision Window: No child under the age of twelve (12) shall be left alone or unsupervised with the Animal for a minimum of thirty (30) consecutive days following delivery, and until such time as the parent or guardian has firmly verified that the child interacts appropriately and safely with the Animal.
c.
Zero-Tolerance Welfare Policy and Surrender Provisions: The Breeder maintains a zero-tolerance policy for animal cruelty, active physical abuse, malicious harassment, or severe neglect.
i.
Unconditional Surrender for Cause: If the Animal is documented by a licensed veterinarian, animal control officer, or local authority to be suffering from physical trauma, injuries, or severe emotional distress resulting from active abuse, torment, or hazardous mishandling by any minor or adult in the household, the Buyer shall be in material breach of contract. Upon such documentation, the Buyer agrees to immediately and unconditionally surrender physical custody and possession of the Animal back to the Breeder or the Breeder's authorized agent.
ii.
Forfeiture of Funds: No refunds, reimbursements, or monetary considerations shall be paid to the Buyer if the Animal is surrendered or seized due to a failure to protect the Animal from domestic abuse or neglect.
iii.
Reversion of Registration: Upon surrender under this subsection, legal ownership immediately reverts to the Cattery. The Buyer remains contractually obligated to cooperate fully in executing and forwarding all paperwork necessary to re-register the pedigree titles back to the Breeder.
d.
Exclusion of Breeder Liability for Care-Induced Traumas: The Breeder shall not be held financially or legally responsible under Section 2 for any bone fractures, joint dislocations, internal injuries, soft tissue damage, or stress-induced behavioral anomalies (such as fear-aggression or inappropriate elimination) that a licensed veterinarian determines to be the result of rough handling, domestic accidents, or minor child mismanagement.
3.6
Lifespan Terminal Illness Notification, Euthanasia Protocols, and Necropsy Rights
Buyers acceptance
The Buyer has a strict contractual obligation to keep the Breeder informed of catastrophic health events over the lifespan of the Animal, particularly when those events may impact the genetic tracking of the Cattery's bloodlines.
a.
Mandatory Prior Notification for Euthanasia: In the event the Animal develops a life-threatening, terminal illness, the Buyer must contact the Breeder immediately. Furthermore, the Buyer is strictly prohibited from destroying or euthanizing the Animal without first notifying the Breeder, except in an emergency scenario where immediate euthanasia is clinically required to provide relief from acute, unmanageable pain or active suffering, as advised by the good-faith, professional judgment of a licensed veterinarian.
b.
Breeder’s Postmortem Examination (Necropsy) Rights: In the event of a sudden, unforeseen, or unexplained death of the Animal, the Breeder reserves the absolute legal right to demand and execute a postmortem clinical examination (a "Necropsy") to determine the exact biological cause of death.
i.
Initial Cost Allocation: The logistical and clinical costs of the Necropsy shall be paid upfront by the Breeder, and the examination shall be conducted by a licensed veterinary pathologist or specialist of the Breeder’s choosing.
ii.
Shift of Liability for Owner Neglect: If the finalized, certified pathology report of the Necropsy conclusively determines that the cause of death was a direct consequence of clinical malnourishment, domestic abuse, trauma, or severe physical neglect as defined in the master welfare provisions of Section 4.7(a), the total financial burden of the Necropsy shifts entirely to the Buyer.
iii.
Expense Reimbursement Demand: Upon a confirmed veterinary finding of owner-induced mortality under this Section, the Breeder shall issue a formal written "REIMBURSEMENT DEMAND" letter to the Buyer. The Buyer shall be contractually obligated to repay 100% of the Necropsy costs, collection fees, and associated veterinary transport expenses to the Breeder within thirty (30) days of the demand date.
iv.
Reporting to Authorities: Any postmortem findings confirming active animal cruelty or severe physical neglect shall be immediately submitted to law enforcement and animal control authorities in accordance with the protocols established in Section 4.7(c).
3.7
Mandatory Annual Wellness Exams and Emergency Veterinary Care Obligations
Buyers acceptance
The Buyer assumes strict responsibility for providing continuous, proactive medical care over the entire lifespan of the Animal to maintain its health and welfare.
a.
Routine Preventative Care: The Buyer is contractually required to have the Animal examined at least once per calendar year by a licensed veterinarian for an annual wellness exam. Documentation of these annual exams must be retained by the Buyer and made available to the Breeder upon request to verify compliance with this health mandate.
b.
Immediate Medical Intervention: The Buyer must immediately seek professional veterinary care if the Animal displays any clinical signs of illness, physical injury, severe lethargy, or distress.
i.
Medical Neglect Definition: A failure or refusal to provide timely veterinary care for an actively sick or injured animal constitutes a severe form of medical neglect under the master welfare provisions of Section 4.7(a).
ii.
Forced Surrender and Emergency Treatment: Upon a documented finding of medical neglect, the Buyer shall immediately, upon demand, unconditionally surrender possession of the Animal to the Breeder or the Breeder’s authorized agent as outlined in Section 4.7(d).
iii.
Emergency Care Authorization: If the Breeder or Breeder's agent must take emergency custody of a medically neglected Animal to prevent suffering or mortality, the Breeder is authorized to immediately seek life-saving emergency services. The treatment plan in such emergency scenarios shall be directed exclusively by the attending emergency veterinarian or the Cattery Veterinary Team.
c.
Buyer’s Total Financial Liability for Breach: If the Breeder must intervene, seize, or treat the Animal due to a medical neglect breach under this Section, the Buyer assumes strict, personal financial liability for all resulting expenses. The Buyer shall fully reimburse the Breeder within thirty (30) days of a written demand for:
i.
100% of all veterinary treatment bills, surgery fees, pharmaceuticals, and emergency clinical costs incurred to stabilize the Animal.
ii.
All logistical costs, including return shipping, pet courier fees, or emergency travel expenses as outlined in Section 5.2.
iii.
Daily administrative boarding fees at the Cattery calculated at the unscheduled contract rate of forty dollars ($40.00) per day as outlined in Section 2.13(b).
iv.
All court fees, service costs, and reasonable attorney fees incurred by the Breeder to legally enforce this welfare provision.
3.8
Permanent Identification Microchip Mandate and Registration Tracking
Buyers acceptance
The Animal has been permanently implanted with a Radio-Frequency Identification (RFID) microchip beneath the skin. This chip provides a globally unique identification number (the "ID NUMBER") designed to ensure the accurate tracking of medical records and facilitate the rapid recovery of lost or stolen animals.
a.
Microchip as Official Primary Key: The Breeder utilizes this unique ID Number as the definitive, unalterable identification method for the Animal across all official documents of record. This includes, but is not limited to, the Transfer of Ownership Certificate, registry papers, and the Medical Document Release Authorization as specified in Section 7.
b.
Initial Registration Deadline: The Buyer assumes strict contractual responsibility for activating and registering the Animal's microchip ID Number in the primary manufacturer's database system within twenty-four (24) hours of the Animal leaving the physical custody of the Cattery.
c.
Permanent Breeder Backup and Lifecycle Tracking: To protect the long-term welfare of the Animal and prevent abandonment, the Buyer must maintain an active, accurate contact registration with the database registry for the life of the Animal.
i.
Secondary Contact Mandate: At the time of initial registration, the Buyer must list the Breeder (or the Cattery's official corporate entity) as a permanent backup, secondary, or alternate contact on the microchip profile.
ii.
Modification Prohibition: The Buyer is strictly prohibited from removing the Breeder as a permanent alternate contact from the microchip registry at any time over the life of the Animal.
iii.
Proof of Registration: Satisfactory digital confirmation of the initial microchip registration, showing the Breeder successfully logged as the permanent alternate contact, must be provided to the Breeder in accordance with the timelines in Section 3.4(c)(i).
d.
Manufacturer Logistics: The exact name, toll-free phone number, and official database web portal URL of the specific microchip manufacturer utilized for the Animal shall be provided clearly within the Buyer’s Document Packet on Go-Home Day.
SECTION 4: (Lifelong Wellbeing)
(Buyer confirms their acceptance by initialing each provision indicated below)
4.1
Lifecycle Vaccination Mandates and International Transit Protocols
Buyers acceptance
The Buyer assumes strict, lifelong contractual responsibility for maintaining a professionally supervised core vaccination schedule for the Animal in accordance with the reasonable, good-faith clinical recommendations of a licensed veterinarian.
a.
Cattery Base Vaccine Profile: Prior to leaving the Cattery, the Breeder administers the following baseline preventative immunizations to all juvenile and adult felines:
i.
Core viral immunization against Feline Viral Rhinotracheitis, Feline Calicivirus, and Feline Panleukopenia utilizing a standardized FVRCP combination vaccine.
ii.
Respiratory protection against Bordetella bronchiseptica via an intranasal vaccine deployment.
b.
Non-Core Discretionary Vaccinations: Immunizations against Feline Immunodeficiency Virus (FIV) and Feline Leukemia Virus (FeLV) are left entirely to the Buyer’s domestic discretion. The Breeder strongly recommends that the Buyer execute a thorough risk-benefit analysis with their licensed veterinarian to evaluate local disease prevalence and individual household exposure risks.
c.
Rabies Immunization and California Statutory Age Restraints:
i.
Age Restriction Disclosure: The Buyer explicitly acknowledges that California state health regulations prohibit the administration of a rabies vaccination to any feline under sixteen (16) weeks of age. Because the Animal is transferred to the Buyer’s care prior to reaching this age threshold, the Animal is delivered without a rabies vaccination.
ii.
Shift of Legal Duty: Upon the Animal reaching sixteen (16) weeks of age, the Buyer assumes sole, strict contractual and legal responsibility for procuring a rabies immunization in accordance with the statutory health codes, municipal ordinances, or licensing regulations of the Buyer’s local municipality. The Buyer assumes total liability for maintaining local regulatory compliance.
d.
Mandatory Domestic and International Cargo Transit Testing: If the Animal is scheduled for domestic transit via commercial air cargo, or is being exported outside the United States, the Breeder shall strictly execute all vaccinations required by Federal Aviation Administration (FAA) regulations, airline carriage policies, and international import laws.
i.
Rabies Titer (FAVN) Protocols: If the Animal is traveling to a recognized Rabies-Free Country requiring an official Fluorescent Antibody Virus Neutralization (FAVN) rabies titer test, the Cattery Veterinary Team shall facilitate testing through the Kansas State University Rabies Laboratory.
ii.
Testing Timeframes: The Buyer acknowledges that FAVN diagnostic processing and formal certification typically require a window of four (4) to six (6) weeks to achieve final clearance.
iii.
Specialized Billing: The Breeder shall issue a separate itemized invoice to the Buyer covering all administrative fees, clinical blood draws, and laboratory costs associated with rabies immunizations and FAVN processing. This invoice must be settled in full prior to the Animal leaving the physical care of the Cattery.
iv.
Testing Boarding Extensions: If required FAVN testing parameters extend the Animal's stay past the final delivery date specified in Section 1.7, the Buyer shall assume full responsibility for all extended boarding charges. These planned testing delays shall be billed at the standard scheduled voluntary boarding rate of twenty-five dollars ($25.00) per calendar day as established in Section 2.13(a).
4.2
Duty to Mitigate, Behavioral Consultation, and Mandatory Notification
Buyers acceptance
The Buyer assumes a continuous contractual duty to proactively manage and mitigate any emerging health or behavioral anomalies over the lifespan of the Animal.
a.
Mandatory Veterinary Evaluation: If the Animal develops any physical health symptoms, developmental shifts, or progressive behavioral problems (including, but not limited to, inappropriate elimination, sudden aggression, or severe anxiety) whose underlying medical or psychological nature the Buyer does not fully understand, the Buyer must secure a professional clinical evaluation by a licensed veterinarian as soon as possible.
b.
Prompt Breeder Notification: Following the veterinary evaluation and the establishment of a formal diagnosis or clinical outcome, the Buyer must promptly contact the Breeder to report the findings. This communication is vital to allow the Cattery to track lineage health trends and offer experienced husbandry guidance.
c.
Waiver for Neglect of Worsening Conditions: The Breeder shall not be held liable under any section of this Contract for secondary complications, advanced illnesses, or escalated behavioral issues that are determined by a licensed veterinarian to have been exacerbated, worsened, or rendered untreatable due to the Buyer's failure to seek timely medical or behavioral intervention.
4.3
Right of First Refusal, Permanent Transfer Restrictions, and Emergency Estate Provisions
Buyers acceptance
The Buyer explicitly acknowledges that the Animal is a lifetime companion. If for any reason, at any time over the lifespan of the Animal, the Buyer is unable to keep or provide proper care for the Animal, the Breeder must be contacted immediately to coordinate a safe and responsible rehoming placement.
a.
Absolute Prohibition on Third-Party Transfer, Shelters, and Laboratories: The Buyer contractually agrees that the Animal shall not be surrendered, sold, leased, traded, abandoned, or gifted to any other individual, animal auction, research laboratory, pet retail establishment, animal pound, humane society, rescue shelter, or similar facility without the express, signed, written approval of the Breeder.
b.
Breeder’s Right of First Refusal: If a transfer of ownership becomes necessary, the Breeder maintains an absolute right of first refusal to reclaim the Animal.
i.
Transfer to Immediate Family: If the Buyer wishes to transfer ownership of the Animal to an immediate, trusted family member (e.g., a child or sibling) due to health or structural lifestyle shifts, the Buyer must notify the Breeder in writing. Approval for immediate family placements shall not be unreasonably withheld by the Breeder, provided the new family member signs an amendment agreeing to abide by the welfare terms of this Contract.
ii.
Surrender to Cattery: If no suitable family placement is approved, the Animal must be returned directly to the Cattery. The Breeder maintains final authority over all subsequent rehoming and placement decisions.
iii.
Forfeiture of Funds: No refunds, reimbursements, or monetary considerations shall be provided to the Buyer upon surrendering the Animal to the Cattery. Legal ownership immediately reverts back to the Breeder, and the Buyer remains obligated to cooperate fully in executing and forwarding all paperwork necessary to re-register the pedigree titles back to the Breeder.
c.
Postmortem Directive and Emergency Estate Custody Mandate. To prevent the Animal from being sent to a public shelter, and to provide explicit, legally binding instructions to county officials in the event of the Buyer’s death, the Buyer hereby executes this mandatory estate directive:
i.
Express Directive to the County Coroner and Law Enforcement: In accordance with California operational protocols for the disposition of personal property, the Buyer hereby explicitly directs and commands the County Coroner (including the Los Angeles County Department of Medical Examiner), all municipal law enforcement agencies, sheriff departments, and death investigators to immediately release physical custody and possession of the Animal exclusively to the Breeder (or the Breeder’s authorized agent), who is hereby designated as the Primary Emergency Pet Custodian.
ii.
Third-Party Beneficiary Status: The Buyer establishes that the Breeder is an intended third-party beneficiary of this specific estate provision. This contract clause shall serve as the Buyer's written authorization to county officials to bypass standard next-of-kin property releases for this specific Animal, as the Breeder holds an absolute contractual Right of Reversion.
iii.
Authorized Temporary Municipal Holds: If county investigators or law enforcement deem it macroscopically necessary to temporarily secure a death scene by placing the Animal in a municipal or county-approved animal care facility, the Buyer explicitly directs that a formal protective "Breeder/Cattery Hold" be placed on the Animal's intake file under the Breeder's name and registration tracking listed in Section 7.1.
iv.
Biosecurity and Emergency Recovery: During any such temporary county impoundment, the Animal must be strictly quarantined away from all other animals to prevent viral exposure, and the county facility is authorized and directed to contact the Breeder immediately at the phone number listed herein to facilitate rapid collection. The Buyer’s estate shall assume strict liability for any temporary municipal impound or boarding fees required to release the Animal to the Breeder.
4.4
Complimentary 30-Day Health Insurance Trial
Buyers acceptance
The Breeder provides, in conjunction with Trupanion, a no-obligation, thirty (30) day trial period of animal health insurance. This complimentary offer includes 24/7/365 support, coverage paying 90% of the bill for covered costs, no lifetime payout limits, a waived activation fee, no upfront payment required to activate, and immediate coverage without traditional waiting periods.Coverage begins with a $250 deductible. The Buyer may change this deductible to fit their personal budget should they choose to continue coverage past the thirty (30) day trial period.
a.
Buyer Financial Responsibility & Liability Shift: The Buyer acknowledges that veterinary services can be costly over the life of the Animal and that these expenses are the Buyer’s sole responsibility, except as expressly provided during the 15-day window outlined in Section 2.5.
i.
To ensure immediate financial protection, the Buyer is strongly encouraged to activate this trial policy within twenty-four (24) hours of the Animal leaving the Cattery.
ii.
If the Animal becomes ill within the initial 15-day window and the Buyer has failed to activate the provided insurance policy, the Breeder's financial liability for medical treatments under Section 2.5(c)(iii) shall be strictly capped. The Breeder will not be held liable for out-of-pocket veterinary costs, co-pays, or expenses that would have been fully covered had the Trupanion trial policy been active.
b.
Discretionary Continued Coverage: The Cattery Veterinary Team strongly recommends, and the Buyer may elect at the Buyer’s expense, to maintain continued health insurance past the trial period at the Buyer’s sole discretion to mitigate long-term veterinary expenses.
c.
Activation Instructions: To activate this immediate offer, the Buyer must call (855) 266-2156 or activate online using Breeder Code: BR1NM71320.
4.5
Strict Prohibition on Surgical Declawing and Postural Alteration
Buyers acceptance
The Buyer contractually agrees that the Animal shall not be surgically declawed (onychectomy) or tendonectomized without the express, signed, written approval of the Breeder. The Buyer acknowledges that surgical declawing is a severe, life-altering procedure involving the amputation of the last bone of each toe, which leaves the Animal permanently unable to defend itself and can cause chronic phantom pain, nerve damage, and severe behavioral anomalies.
a.
Endorsement of Humane Alternatives: In alignment with the official position of the American Veterinary Medical Association (AVMA) and the Cattery Veterinary Team, elective surgical declawing is strongly discouraged. The Cattery explicitly supports and recommends the routine use of humane alternatives, such as heavy-duty scratching posts, regular nail trimming, or veterinary-approved soft nail covers (e.g., Soft Paws).
b.
Statutory California Declawing Restrictions: The Buyer acknowledges that elective declawing is a restricted or entirely illegal procedure under local municipal ordinances within several California jurisdictions (including the City of Los Angeles). The Buyer assumes strict liability for remaining in absolute compliance with all state and local animal welfare laws.
c.
Enforcement and Multi-Tiered Contractual Penalties: If the Buyer violates this provision by surgically declawing the Animal without prior written authorization, the Buyer shall be in immediate material breach of contract. Upon confirmation of the procedure, the following strict penalties shall apply:
i.
Forfeiture of Extended Warranties: Because surgical declawing fundamentally alters a feline's natural skeletal alignment and weight distribution—which can artificially cause or mask chronic orthopedic degeneration, arthritis, and joint issues — the Buyer permanently, completely, and immediately waives all rights to the long-term Congenital and Hereditary replacement guarantees outlined in Section 2.6 and Section 2.10.
ii.
Commercial Liquidated Damages Fine: The Buyer agrees to pay the Breeder a non-negotiable contract violation fine of two thousand five hundred dollars ($2,500.00) as liquidated damages for the permanent physical alteration and structural devaluation of an animal sourced from the Cattery's lineage bloodlines.
iii.
Legal Enforcement and Cost Recovery: The Buyer shall be held strictly liable for all court fees, expert witness fees, and reasonable attorney fees incurred by the Breeder to successfully collect these damages or enforce this protective welfare mandate.
4.6
Absolute Commercial Brokerage and Commercial Reselling Prohibition
Buyers acceptance
The Buyer is strictly prohibited from reselling, transferring, or placing the Animal with any commercial middleman, pet dealer, commercial reseller, or third-party entity (otherwise known as, or acting as, a "BROKER"), either free of charge or for monetary gain of any type. Any attempt to commercially broker or flip the Animal shall constitute an immediate, material breach of this Contract.
a.
Unconditional Surrender and Title Reversion: Upon any attempted or executed unauthorized commercial transfer, the Buyer shall immediately and unconditionally surrender physical possession, custody, and control of the Animal back to the Breeder or the Breeder’s authorized agent.
i.
Legal ownership of the Animal shall instantly revert back to the Cattery.
ii.
No refunds, credits, or monetary considerations of any kind shall be issued to the Buyer.
iii.
The Buyer remains contractually obligated to cooperate fully in executing and forwarding to the Breeder all paperwork necessary to return the pedigree registration titles back to the Breeder.
b.
Commercial Brokering Financial Liquidated Damages: In the event of a breach of contract due to commercial brokering or unauthorized reselling, the Buyer agrees to pay the Breeder a commercial penalty fine of ten thousand dollars ($10,000.00) as liquidated damages. The parties agree that this sum represents a fair and reasonable contractual estimate of the severe damage caused to the Cattery's genetic exclusivity, brand integrity, and the commercial differential of an unauthorized commercial lineage transfer.
c.
Full Enforcement Cost Recovery: The Buyer shall be held strictly liable for all court fees, processing fees, mediation costs, and reasonable attorney fees incurred by the Breeder to successfully collect outstanding financial damages or legally compel the physical recovery of the Animal under this Section.
4.7
Master Welfare Protections, Veterinary Assessments, and Forced Surrender for Cause
Buyers acceptance
The Buyer explicitly agrees to maintain the Animal in safe, sanitary, and humane domestic conditions. The Animal must be provided with adequate veterinary care, appropriate shelter, and a healthy nutritional profile at all times.
a.
Mandated Definition of Cruelty and Neglect. For all enforcement purposes across every section of this Contract, the terms "malnourished," "abused," "neglected," or "kept in poor conditions" shall be defined as:
i.
Clinical starvation, emaciation, or nutrient deficiencies resulting from an improper or withheld diet (as detailed in Section 2.9).
ii.
Documented non-accidental physical trauma, severe injury, or emotional torment (as detailed in Section 3.5).
iii.
Confinement in unsanitary environments (e.g., hoarding conditions, exposure to hazardous waste, unmanaged feline feces accumulation).
iv.
The total withholding of necessary professional medical care for a diagnosed, treatable, or painful illness.
b.
Breeder’s Right to Compel a Welfare Examination. If the Breeder receives credible, actionable information or evidence indicating that the Animal is being subjected to conditions meeting the definitions in Section 4.7(a), the Breeder reserves the contractual right to demand a formal welfare examination.
i.
The Buyer must immediately cooperate to have the Animal physically examined by a neutral, licensed veterinarian of the Breeder’s choosing.
ii.
The Breeder shall initially cover the cost of this diagnostic welfare examination. However, if the veterinarian confirms active neglect or abuse, the financial liability for the exam shifts entirely to the Buyer under the reimbursement terms of Section 3.6(b)(iii).
c.
Statutory Reporting to Authorities: If a licensed veterinarian confirms or highly suspects clinical signs of active animal abuse, torture, starvation, or severe physical neglect during the examination:
i.
The diagnostic findings and full medical reports shall be turned over immediately to the local Animal Care and Control Department and the District Attorney’s Office possessing legal jurisdiction over the Buyer’s address of record.
ii.
The Breeder shall fully cooperate with law enforcement in any subsequent criminal animal cruelty investigations under California Penal Code 597.
d.
Unconditional Surrender and Title Reversion: Upon a certified third-party professional finding of neglect or abuse under this Section, the Buyer shall be in immediate material breach of contract.
i.
The Buyer shall immediately and unconditionally surrender physical custody, possession, and control of the Animal back to the Breeder or the Breeder’s authorized agent.
ii.
Full legal ownership of the Animal shall instantly revert back to the Cattery.
iii.
No refunds, cattery credits, or monetary considerations of any kind shall be issued to the Buyer. The Buyer remains contractually obligated to execute and forward all paperwork necessary to return the pedigree registration titles back to the Breeder.
4.8
Strict Biosecurity Restraints on Foster Pet Housing
Buyers acceptance
The Buyer contractually agrees that they shall not act as a registered foster pet parent, nor house, shelter, or temporarily rescue any third-party animals of unknown medical origin within their primary residence over the lifespan of the Animal without the prior express, signed, written approval of the Breeder. The Buyer acknowledges that shelter, rescue, and stray animals frequently carry virulent, treatment-resistant pathogens, upper respiratory infections, and severe parasites that pose an active, immediate biological danger to the health and developing immune system of the Animal.
a.
Conditional Breeder Authorization: The Breeder may elect, in writing, to grant a conditional variance allowing the Buyer to host a foster animal, provided the Buyer strictly executes the following biosecurity measures:
i.
Direct execution of the mandatory isolation and quarantine protocols established in the biosecurity provisions of Section 3.3(b).
ii.
Procurement of a comprehensive veterinary PCR pathogen panel and physical clearance exam for the incoming foster animal prior to entering the shared residence.
iii.
Total Breeder Indemnification: The Breeder is not responsible for, and shall provide zero financial compensation or medical refunds for, any illness, viral cross-contamination, injury, or mortality suffered by the Animal resulting from the intentional introduction or joint housing of a foster pet.
b.
Enforcement and Multi-Tiered Contractual Penalties: Fostering any animal without the express, written authorization of the Breeder constitutes an immediate, material breach of this Contract. Upon confirmation of an unauthorized fostering arrangement, the following strict penalties shall apply:
i.
Forfeiture of Extended Breeder Warranties: Because exposure to shelter-borne pathogens can induce severe, permanent secondary organ damage, chronic respiratory scarring, and autoimmune dysfunctions that mimic or accelerate hereditary biological failures, the Buyer permanently, completely, and immediately waives all rights to the long-term Congenital and Hereditary replacement guarantees outlined in Section 2.6 and Section 2.10. (Note: This waiver applies strictly to the optional, long-term genetic guarantees and does not restrict initial transition rights under Section 2.5, provided causation is legally established).
ii.
Biosecurity Liquidated Damages Fine: The Buyer agrees to pay the Breeder a non-negotiable contract violation fine of two thousand five hundred dollars ($2,500.00) as liquidated damages for breaching the Cattery’s mandatory biosecurity environment and exposing its lineage lines to external biological hazards.
iii.
Cost Recovery: The Buyer shall be held strictly liable for all court fees, diagnostic testing costs required to prove viral transmission, and reasonable attorney fees incurred by the Breeder to successfully collect these damages.
4.9
Lifecycle Nutritional Mandates and Raw Diet Prohibitions
Buyers acceptance
The Buyer explicitly acknowledges that a Feline's gastrointestinal tract and metabolic systems are highly sensitive. Abrupt or continuous dietary disruptions, as well as unbalanced nutritional intake, can induce severe chronic gastrointestinal disease, pathogenic parasitic infections, systemic organ failure, and long-term medical trauma.
a.
Mandatory Diet Transition Protocols: The Buyer contractually agrees to execute any future dietary transitions slowly and systematically, adhering strictly to the medical guidelines established within the Breeder's proprietary documentation, including the "WHEN SHOULD I CHANGE MY CAT'S DIET" brochure provided within the Buyer’s Document Packet on Go-Home Day.
b.
Approved Commercial Nutrition Profiles: The Buyer agrees that only commercially available, Feline-specific food (dry kibble, commercial canned wet food, commercial pasteurized raw diets, or treats) will be fed to the Animal.
i.
Human Food Restraints:Human Food Restraints: The Buyer shall not feed the Animal table scraps or human food without first consulting a licensed veterinarian to ensure the ingredients are non-toxic and metabolically safe.
ii.
Absolute Homemade Raw Diet Prohibition: The Buyer is strictly prohibited from feeding the Animal any form of homemade raw diet, regardless of the recipe source, online endorsement, or preparation method. The Buyer acknowledges that homemade raw preparation lacks precise, scientifically balanced essential nutrients (such as taurine, calcium, and vital amino acids) and exposes the Animal to lethal bacterial pathogens and parasites due to processing meat outside of a sterile, USDA-regulated commercial facility.
c.
Veterinary Consultation Requirement: Prior to executing any major dietary modifications or switching nutritional formulations across distinct Life Stages, the Buyer must consult with their licensed veterinarian to verify that the proposed diet is perfectly balanced, age-appropriate, and structured for the long-term health of the Animal.
d.
Enforcement and Multi-Tiered Contractual Penalties: If the Buyer violates these nutritional mandates by introducing prohibited homemade raw diets or executing unapproved dietary changes contrary to this Section, it shall constitute an immediate material breach of contract. Upon verification of the violation, the following strict penalties apply:
i.
Forfeiture of Extended Genetic Warranties: Because nutritional deficiencies, unpasteurized pathogen exposure, and severe metabolic imbalances directly cause structural heart disease, skeletal degeneration, and organ failure that clinically mimic or accelerate hereditary biological defects, the Buyer permanently, completely, and immediately waives all rights to the long-term Material Congenital Defects and hereditary replacement guarantees outlined in Section 2.6 and Section 2.10.
ii.
Nutritional Breach Liquidated Damages: If the Buyer feeds the Animal a prohibited homemade raw diet in violation of SubSection (b)(ii), the Buyer agrees to pay the Breeder a contract violation fine of one thousand five hundred dollars ($1,500.00) as liquidated damages for exposing the Cattery's genetic lineage lines to unpasteurized biological pathogens and severe nutritional neglect.
iii.
Cost Recovery: The Buyer shall be held strictly liable for all court fees, forensic veterinary nutritional testing costs, and reasonable attorney fees incurred by the Breeder to successfully collect these damages.
4.10
Indoor Housing Mandate, Catio Enrichment, and Environmental Safety
Buyers acceptance
The Buyer contractually agrees that the Animal shall be maintained strictly as an indoor-only companion Household Pet. The Buyer is prohibited from allowing the Animal to roam freely outdoors, unsecured, or unsupervised outside the physical walls of the primary residence.
a.
Mandatory Environmental Standards: The Buyer assumes continuous contractual responsibility for providing Adequate Care and maintaining a strictly compliant Kitten/Cat Proof Environment as defined in this Contract. This environment must consistently provide, at a minimum:
i.
Constant access to fresh food, clean water, and high-quality nutrition in accordance with Section 4.9.
ii.
Daily scooped and sanitized litter boxes to maintain baseline hygiene.
iii.
Timely veterinary services provided by a licensed veterinarian or in consultation with the Cattery Veterinary Team.
b.
Approved Outdoor Enrichment (Catios): In alignment with the recommendations of the Cattery Veterinary Team, the Breeder strongly supports the utilization of a "Catio" (feline patio). The Animal may be granted outdoor access only within a securely enclosed, escape-proof outdoor structure designed for Felines, providing them with safe access to the outdoors for exercise, enrichment, and stimulation, and from which they cannot escape.
c.
Environmental Violations and Emergency Care Mandates: If the Animal suffers physical trauma, toxin ingestion, or an infectious disease due to the Buyer's failure to maintain a secure Kitten/Cat Proof Environment or provide Adequate Care:
i.
Immediate Emergency Intervention: The Buyer must immediately seek emergency veterinary stabilization for the Animal at the Buyer's sole expense, strictly adhering to the emergency medical protocols established in Section 3.7.
ii.
Material Welfare Breach: Failing to provide Adequate Care, allowing the Animal to roam freely outdoors, or abandoning the Animal to an environment that is not a Kitten/Cat Proof Environment constitutes active neglect and a material breach of contract under Section 4.7(a). This violation authorizes the Breeder to execute an immediate, forced recovery and asset seizure of the Animal under the protocols of Section 4.7(d).
SECTION 5: (Shipping, Delivery, Returns and Refunds)
(Buyer confirms their acceptance by initialing each provision indicated below)
5.1
Buyers acceptance
The Breeder prefers the Animal to be picked up in person at the Cattery. The Breeder will make every effort to assist in the coordination of shipping/transportation, but ultimately it is the responsibility of the Buyer to collect the Animal as outlined in Section 1.7(a).
a.
Delivery of the Animal to any location is carried out by agreement of the Parties, executed as a Statement of Work in connection therewith and attached to as an Addendum hereto, as outlined in Sections 7.4(b), 7.4(c), or 7.4(d). The costs incurred in shipping/transporting the Animal are borne by the Buyer.
i.
The Breeder has no control over changes to FAA or airline policies, procedures or fees, the costs associated with air travel, or the charges imposed by any courier/delivery service.
ii.
An invoice for any travel related expense incurred by the Breeder will be sent to the Buyer within twenty-four (24) hours of the request for these services and must be paid in full prior to the shipping/delivery date.
iii.
If the Buyer fails to make the travel payment as outlined in Sections 5.1(a)(ii), this Contract is voided and full ownership of the Animal shall revert back to the Cattery. No refund will be issued in violation of Section 5.1(a)(ii) and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.
iv.
After the transfer of the Animal by Breeder to third parties for shipping/transportation, the Breeder bears no responsibility for the safety and health of the Animal during this transport.
b.
International shipping/transportation is highly regulated and will require additional documentation and/or quarantine of the Animal. No kitten may leave the United States until they are at least 16 weeks of age. The Breeder will make every effort to assist in the coordination of international shipping/transportation, but ultimately it is the responsibility of the Buyer to ensure that they are in compliance with the laws and regulations of their home country. Contact your country's Embassy or a IPATA (International Pet and Animal Transportation Association) member for assistance in coordinating and complying with your country's applicable rules and regulations.
5.2
Buyers acceptance
If the Animal is to be surrendered to the Breeder under any provision of this Contract, the Breeder will provide written notice to the Buyer outlining the reason and supporting documentation. The Animal must be returned to the Breeder within twenty-four (24) hours of written demand. The Buyer may elect to return the Animal to the Breeder at the Cattery location, or have the Breeder arrange for pickup/transportation of the Animal.
a.
An invoice for any travel related expense incurred by the Breeder to facilitate the return of the Animal will be sent to the Buyer within twenty-four (24) hours of the request for these services and must be paid in full prior to the shipping/pickup date.
b.
Once returned, ownership of the Animal shall revert back to the Cattery, and no refund or other compensation will be made. The Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to the Breeder all paperwork necessary for re-registration of the Animal.
5.3
Buyers acceptance
If the Buyer is due a refund or other compensation under any provision of this Contract, Buyer acknowledges the following:
a.
All required forms, reports, results or other documentation must be submitted to the Breeder in accordance to and within the timeframe of the associated provision as outlined in this Contract.
i.
Missing, incomplete, or illegible (i.e. Photoshopped) paperwork and/or documentation voids any and all refunds or compensation requests.
ii.
All documentation submitted to the Breeder must be true, correct, and without falsehood. Any attempt to commit fraud (make a false statement with the intention to deceive) and the Buyer shall unconditionally surrender possession of the Animal to the Breeder, or to the Breeder’s authorized agent. Once returned, ownership of the Animal shall revert back to the Cattery, and no refund or other compensation will be made. The Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to the Breeder all paperwork necessary for re-registration of the Animal. Furthermore the Breeder will turn over all documentation to the District Attorney’s Office and seek full prosecution under applicable State Law.
b.
The refund or other compensation will be processed to the original payment method in the timeframes listed below:
i.
The reimbursement for associated veterinary services as outlined in Section 2.5(d) will be made within seven (7) from the date the Breeder receives the completed "HEALTH GUARANTEE" form.
ii.
The refund for Contract Termination as outlined in Section 1.8 will be made within ninety (90) days from the date Breeder generates the "ADOPTION TERMINATION LETTER".
iii.
Other compensation due in accordance to and within the timeframe of the associated provision as outlined in this Contract.
SECTION 6: (Records, Documents and Addendums)
(Buyer confirms their acceptance by initialing each provision indicated below)
6.1
Buyers acceptance
The following specific document will be included with your Buyers Document Packet upon pickup/delivery of the Animal.
a.
Transfer of Ownership Certificate, as outlined in Section 6.2
b.
Medical Records Release Authorization, as outlined in Section 6.3
c.
Medical Record Monitoring Authorization, as outlined in Section 6.3
d.
Dam and Sire’s DNA Reports, as outlined in Section 2.1
e.
Organization Registration Blue Slips, as Outlined in Section 1.9
6.2
Buyers acceptance
A Transfer of Ownership Certificate will be issued to Buyer at the time of Animal pickup/delivery and is valid only with Breeders signature. Buyer is required to countersign this document, as outlined in Section 6.6.
a.
The Breeder reserves the right to impose fees or revoke this transfer in accordance to the terms of this Contract for violation of any Section herein as outlined in each Section, Clause or Addendum.
i.
If a fee is levied for a violation or breach of contract, the Buyer has seven (7) days from the receipt of written notice to submit payment to the Breeder in the form of certified funds.
ii.
Upon revocation of this transfer by Breeder for a violation or breach of contract Buyer shall unconditionally surrender possession of Animal to the Breeder, or to the Breeder’s authorized agent. Once returned, ownership of the Animal shall revert back to the Cattery, and no refund or other compensation will be made. The Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to the Breeder all paperwork necessary for re-registration of the Animal.
i.
Further the the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.
6.3
Buyers acceptance
A Medical Records Release Authorization and a Medical Record Monitoring Authorization will be issued to the Buyer at the time of the Animal pickup/delivery and is valid only with the Breeders signature. The Buyer is required to countersign these documents, as outlined in Section 6.6.
a.
In accordance to HIPPA rules, AVMA regulations and the Laws of the State of California, Breeder provides written authorization to release any and all medical and veterinarian records for the Animal to the Buyer. A facsimile copy is considered to be as valid as the original.
b.
The Buyer acknowledges the Breeders right to monitor and review the health of the Animal. Therefor with the signing of this Contract Buyer grants the Breeder unconditional access too and waives Confidentiality of Veterinary Patient Records and Insurance Claim Forms for the Animal. This waiver shall act as Clients Consent under the provisions and regulations of the AVMA and shall be deemed binding to all Veterinarians, Clinics and/or Hospitals governed by the AVMA, as well as any Insurance Provider who underwrites a policy for the Animal.
c.
As the family name assigned the Animal may be changed or be unknown to the Breeder, the Breeder will identify the Animal to all Veterinarians, Clinics and/or Hospitals, Insurance Providers by the Buyers Name, the Animal's Date of Birth and their Microchip Number.
d.
Failure to provide the Breeder with the name, address, and contact phone number for any Veterinarians, Clinics and/or Hospitals the Animal has been seen/treated at, any Insurance Providers, or any attempt to block the dissemination of or access to any/all veterinary records or insurance claim forms shall constitute breach of contract and the Buyer shall unconditionally surrender possession of the Animal to the Breeder, or to the Breeder’s authorized agent. No refunds or compensation will be made. Once returned, the Animal shall revert to the Breeder’s sole ownership. The Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to the Breeder all paperwork necessary for re-registration of the Animal.
e.
Further the the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.
6.4
Buyers acceptance
Statement of Work (SOW) Addendum:
a.
Addendum – Animal Boarding, as outlined in Section 2.13.
b.
Addendum – Domestic Travel/Shipping, as outlined in Section 5.1(a).
c.
Addendum – International Travel, as outlined in Section 5.1(b).
d.
Addendum – Other Travel Package.
e.
Addendum – Breeder Rights/Restriction.
f.
Addendum – Miscellaneous.
g.
Addendum – Veterinary Health Certificate, charged at a rate of $295.00.
6.5
Buyers acceptance
Statement of work fees will be billed on the First (1st) of each month or in accordance with the Contract provision they are associated with. The Buyer will receive an Invoice via email and payment shall be in accordance to the options provided on the invoice.
a.
Statement of Work fees billed monthly are due in full on the Eleventh (11th) of each month.
b.
Statement of Work fees for travel as outlined in Sections 5.1(a) and 5.1(b), are due and payable and must be paid in full prior to the shipping/delivery date.
c.
If the Buyer fails to make full payment for any Statement of Work as outlined Section 6.5(a) or 6.5(b), this Contract is voided and full ownership of the Animal shall revert back to the Cattery. No refunds or compensation will be made.
6.6
Buyers acceptance
Document Countersigning:
a.
The Buyer acknowledges that certain documents that are part of the Buyers Document Packet require a wet signature to be valid and binding. Only the Buyer listed above can sign these documents as the Registered Adopter of the Animal.
b.
The following documents require a countersignature; Transfer of Ownership Certificate, Medical Records Release, Medical Records Monitoring, Health Addendum, Spay Secure Contract.
c.
If the Buyer is not to be present at the time of delivery, or the Animal is being transferred by third-party to the Buyer, these documents must be signed and returned to the Cattery prior to pick up or release of the Animal to any third party. The Breeder will mail (at the Buyers expense) these documents and the Buyer shall sign the packet in the presence of a Certified Notary and return by trackable means (UPS, FedEx or similar).
d.
Failure to sign these documents for any reason and this Contract is voided and full ownership of the Animal shall revert back to the Cattery. No refunds or compensation will be made.
SECTION 7: (Contact Information)
(Buyer confirms their acceptance by initialing each provision indicated below)
7.1
Buyers acceptance
Cattery Administration:
a.
Breeder: Daniel Fradkin
b.
Cattery Phone Number: (844) 662-6263
c.
Cattery Postal Address: 5716 Vahan Ct, Lancaster CA 93536
d.
7.2
Buyers acceptance
Provisions of this Contract require the Buyer to provide certain "Documents" to the Breeder to be in full compliance with the Terms of this Contract. These Documents may be sent to the Cattery in the following approved ways only:
a.
By SMS Text – to the phone number listed in Section 7.1(b)
b.
By Postal Mail – to the street address listed in Section 7.1(c)
d.
By Email – to the email address listed in Section 7.1(d) (in .pdf format).
SECTION 8: (Miscellaneous)
(Buyer confirms their acceptance by initialing each provision indicated below)
8.1
Buyers acceptance
Dispute Resolution: The parties agree that any and all disputes, claims or controversies arising out of or relating to this Contract that are not resolved by their mutual agreement and/or mediation shall be submitted to final and binding arbitration before the Judicial Arbitration and Mediation Services ("JAMS"), or its successor. The Breeder and the Buyer mutually acknowledge and agree that the Breeder shall not be liable for lost profits or special, incidental or consequential damages as result of Buyer’s failure to make a timely or proper claim. Furthermore, Buyer expressly waives any right to include a claim for punitive damages in any action commenced or arising hereunder or relating hereto. Either party may commence the arbitration process called for in the Contract by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting a single arbitrator from JAMS panel of neutrals, and in scheduling the arbitration proceedings. No claim, proceeding, action or arbitration may be maintained by Merchant if commenced later than one (1) year following accrual of the cause of action. The parties agree that this provision supersedes any other statute granting a longer statute of limitations applicable to contracts of sale made and to be performed in California. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this Paragraph may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs (including reimbursement of all costs paid or incurred in connection with arbitration hereunder), fees and expenses, including attorney’s fees, including the costs of the arbitration and arbitrators fees to be paid by the party against whom enforcement is ordered. In the event that equitable remedies are sought, the parties shall not be bound to arbitration as to those remedies.
8.2
Buyers acceptance
Applicable Law: The validity, construction, and interpretation of this agreement shall be governed by the laws of the State of California applicable to agreements executed within and to be wholly performed within the State of California. By execution of this Contract, the parties hereto agree that the sole and proper venue and jurisdiction for any judicial proceeding brought hereunder shall, at the option of the Breeder, be JAMS located as near as possible to Lancaster in Los Angeles County, California, or in the event either party seeks equitable relief, the courts located in Los Angeles County, California.
8.3
Buyers acceptance
The Breeder’s Right to Injunctive Relief: The Buyer acknowledges that a breach of this Contract or a breach of the Buyer’s continuing obligations if Breedering Rights are granted as marked in Section 1.4(c) will result in immediate and irremediable damage to the Breeder. The Buyer acknowledges and admits that there is no adequate remedy at law for such actions and the Buyer agrees that in the event of such breach the Breeder shall be entitled to equitable relief by way of temporary and permanent injunctions and such other further relief as any court with jurisdiction may deem just and proper. Resort to any remedies referred to herein shall not be construed as a waiver of any other rights and remedies to which the Breeder may be entitled under this Contract or otherwise.
8.4
Buyers acceptance
Liquidated Damages: The Buyer acknowledges that by reason of the time and money invested by the Breeder in breeding, caring for, documenting pedigree and marketing and reserving the Animal for sale to the Buyer under this Contract the remedies set forth in this Agreement reasonable and commensurate with the protection of the legitimate business interests of the Breeder and acknowledges and agrees that the provision of liquidated damages contained in Section 1 and Section 5.1 of this Contract and do not constitute a penalty but represents a fair assessment, in good faith, of the losses and damages likely to be suffered by the Breeder in the event of a breach by the Buyer of the Buyer’s covenants contained in Section 1, which damages are otherwise too complex to determine. The Buyer expressly agrees that the amount stated herein as liquidated damages is reasonable under the circumstances particularly where, as here, the amount of damage sustained by the Breeder by virtue of the Buyer’s breach of their obligations under Section 1 and Section 5.1 would be impracticable or difficult to fix.
8.5
Buyers acceptance
Construction: The headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of this Contract or the intent of the provisions hereof. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, spay, singular and plural, as the identity of the person or animal may in the context require. This Contract shall not be construed against the party preparing the same and shall be construed without regard to the identity of the person who drafted this Contract and shall be deemed to be the joint work product of the parties hereto. As a result of the foregoing any rule of construction that a document is to be construed against the party preparing it shall be inapplicable.
8.6
Buyers acceptance
Partial Invalidity: In the event any provision of this Contract is determined by a court of law to be invalid or unenforceable, the remaining provisions of this Contract shall continue to remain fully valid and effective.
8.7
Buyers acceptance
Waiver or Consent Limitation: The waiver by either party of a breach of any provision contained herein shall in no way be construed as a waiver of any other breach or default or a waiver of any subsequent breach of such provision or the waiver of the provision itself.
8.8
Buyers acceptance
Attorney’s Fees and Costs: Should either party hereto institute any action, including arbitration as required hereunder to enforce its rights hereunder, the prevailing party in such action shall be entitled to recover its costs and expenses (including the reimbursement of all costs paid or incurred in connection with any arbitration hereunder), including reasonable attorneys’ fees, from the other party.
8.9
Buyers acceptance
Debt, Dishonorably Failing to Pay: UCMJ Article 134, p.A2-48: §934. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
8.10
Buyers acceptance
Payment Chargeback: The Buyer agrees that all credit card, debit card, Zelle, and Venmo payments processed by the Breeder are irrevocable, indisputable and may not be charged back, contested or challenged now or in the future, doing so is a material breach of this Contract for which the Breeder would be entitled to attorney fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Buyer acknowledges that if an attempt is made to initiate a chargeback, the Breeder will sent a demand for payment letter via certified return receipt USPS mail. Should the Buyer not pay the amount requested in the demand for payment letter to the Breeder in the form of a cashier's check within fifteen (15) days from date of receipt by USPS, the Breeder may initiate legal action. The Breeder shall have at its sole disposal any other legal remedy it independently chooses to pursue or any collection action against the Buyer for the cost of the chargeback. The Buyer acknowledges that the Adoption Contract & Bill of Sale is all that is necessary to establish to the credit card agency or banking institution to deny a chargeback to the Buyer. Buyer further acknowledges that any attempt to chargeback the Adoption Price after the Buyer has taken possession of the Animal is grand theft under California State law. Any attempt to defraud the Breeder by the commission of grand theft and the Buyer shall unconditionally surrender possession of Animal to the Breeder, or to the Breeder's authorized agent, and the Breeder will turn over all documentation to the District Attorney's Office and seek full prosecution under applicable State law. Once returned, ownership of the Animal shall revert back to the Cattery, and no refund or other compensation will be made. The Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to the Breeder all paperwork necessary for re-registration of the Animal.
8.11
Buyers acceptance
Right To Report: The Breeder reserves the right to report delinquent payment to credit agencies, collection agencies, employers & military command for both the signer of this Contract as well as the spouse (married or common law partners) of the signer in accordance to the terms of this Adoption Contract & Bill of Sale.
8.12
Buyers acceptance
Warranty Disclaimer: BREEDER DISCLAIMS ALL IMPLIED WARRANTIES ON ANY WITH RESPECT TO THE ANIMAL PURCHASED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
8.13
Buyers acceptance
Exhibits: The terms and conditions of the Exhibits attached hereto are expressly incorporated by reference to this Contract and are included as part hereof. In the event of any conflict between an exhibit and this Contract the terms and conditions of the Contract shall be controlling.
8.14
Buyers acceptance
Amendment: This Contract may not be modified, supplemented or amended except by a written agreement executed by the Breeder and the Buyer, Changes and additions must be initialed and dated by both Parties.
8.15
Buyers acceptance
Mutual Release of Liability: By signing, the Breeder and the Buyer mutually release and forever discharge the Administrator, or its parent company, affiliates, successors, officers, employees, representatives, partners, agents and anyone claiming through them, in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, which the the Breeder or the Buyer have, or may ever have against the Administrator arising out of or relating to this Adoption Contract & Bill of Sale, or the transfer of ownership of the Animal described herein. Further the Breeder and the Buyer acknowledge that this document was prepared in good faith by the Administrator in compliance with general accepted contractual language and terms. The Breeder and the Buyer specifically understand and agree that this Agreement, does not reflect the law of any specific State, including without limitation laws affecting the right to collect, receive and retain deposits, reservation fees and liquidated damages, which may vary from State to State. Accordingly, the Breeder and the Buyer are advised to consult local counsel in connection with use of this Agreement. Any contractual dispute among the parties shale be resolved as outlined in Section 8.1.
8.16
Buyers acceptance
Counterpart Signatures: This Contract may be executed in multiple counterparts electronically each of which shall be deemed an original and all of which shall constitute an agreement to be effective on the Effective Date.
8.17
Buyers acceptance
Binding Effect: By signing, the Buyer acknowledges that he/she has read, understands, agrees to, and has received a copy of this Adoption Contract & Bill of Sale. This Adoption Contract & Bill of Sale is legally binding upon the Parties only when it has been countersigned by the Breeder.
8.18
Buyers acceptance
Assignable: This Contract is not transferable or assignable to any other party.