Adoption Contract - Sample, Updated September - 2024

While Pet Perfect Bengals strive to maintain accuracy, this example contract is for reference only. The official adoption contract, provided at the time of adoption, supersedes all information presented here. In case of any discrepancies between this example and the official contract, the terms and provisions of the official contract shall prevail.

Section 1: (General Terms)

This Animal Transfer Contract and Bill of Sale (“CONTRACT”) is entered into between _____________________________, (“BUYER”) residing at _____________________________________, AND CATTERY “Pet Perfect Bengals Cattery, LLC”, (“BREEDER”) on _____________________in the City of Sartell, County of Stearns, State of Minnesota. 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.

This Contract is executed electronically in conformance with U.S. E-SIGN Act {Pub.L. 106–229}, UETA, GDPR and other laws in Europe. In particular, if your Animal is sent home on a Spay/Neuter Contract, you expressly agree to the terms and conditions of SpaySecure Pet Services LLC (GDPR).

This Contract sets forth all of the terms and conditions for the purchase and transfer of a Purebred Bengal Feline, 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 Breeder hereunder, the parties shall negotiate and execute a separate Statement of Work which shall be attached as a Statement of Work Addendum {1/2/3/4/5/6/7} hereto, as outlined in Section 7.4.

1.1 Animal Identification

a. Collar Identifier:____________________________________

b. Nickname:_________________________________________

c. Registered Name:____________________________________

d. TICA Number:_________________________________

f. Microchip Number:___________________________________

g. Birthplace:_______________________________________

h. Sire:________________________________________

i. Dam:______________________________________

j. Coat Coloring: ______________________________________

k. Coat Characteristics:

l.Gender:_____ __________ see section 2.4

m. Spay/Neuter:

Alter by Breeder see section 3.1(a)

Alter by Buyer see section 3.1(b)

Alter Not Required for breeding

1.2 Animal Classification

a. Date of Birth:______june 12, 2024____________________________________

b. Type:

Kitten aged: under 16 weeks

Junior aged: 16 weeks to 4 year

Adult aged: 4 to 10 years

Senior aged: over 10 years

c. Former Breeder:

N/A kitten

Yes

1.3 Animal Transfer Details

a. doption Price & MN Sales Tax: __________________________________________

b. Final Payment Due: __________________________________________

c. Go Home Date: __________________________________________

d. Transferred As:

Household Pet

Breeding – Limited see sections 5.8 and 5.9

Breeding – Restricted see sections 5.8, 5.9 and 5.10

1.4 Animal Registration Eligibility

a. Breeder guarantees that this Animal is a Purebred Bengal Feline and is eligible for registration in TICA (The International Cat Association).

b. Registration of the Animal is not required and is left to the Buyers discretion. Buyer is responsible for completing and submitting the TICA registration forms, and for paying any associated registration fees.

c. Breeder shall provide the appropriate TICA registration papers “BREEDER SLIPS” upon delivery of the Animal, except as outlined in Section 3.1 and 3.1(b).

1.5 Buyer agrees to purchase the above stated Animal and agrees that Transfer of Ownership as outlined in Section 7.2 will occur only upon receipt of payment in full under the terms of this Contract, and no earlier than the Go Home Date listed in Section 1.3(c).

a. If the animal is classified as a Kitten in Section 1.2(b), buyer has the option to pay in full or utilize either our Breeder Deposit Program as outlined in Section 1.5(c), or our Kitten Deposit Program for Pet Parents as outlined in Section 1.5(d) at Contract signing.

b. If the animal is classified as a Junior, Adult, or Senior in Section 1.2(b), Animals must be paid in full at Contract signing.

c. For our Breeder Partners – A breeder deposit as outlined in Section 1.7(b) is required to Reserve the Kitten and final payment must be received by the Final Payment Due Date, as outlined in Section 1.3(b).

d. For our Pet Parents – A Kitten deposit as outlined in Section 1.7(a) is required to Reserve the Kitten and final payment must be received by the Final Payment Due Date, as outlined in Section 1.3(b).

e. For purposes of this Agreement “SALES TAX” shall be defined to mean the combined total rate of the state general tax rate and all applicable local tax rates (local taxes, special local taxes, and special taxes) as determined by the Minnesota Department of Revenue

f. All payments made to the Breeder from the Buyer are subject to Sales Tax. Sales Tax is collected at the time payments are made and is based on the rate in effect at the Final Payment Due Date, as outlined in Section 1.3(b).

g.Failure to make timely payments through Stripe or Zelle in accordance with the terms of this contract shall constitute breach of Contract.

h.No refund will be issued for breach of contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages and this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

1.6 Pet Perfect Bengals Cattery charges a $200.00 non-refundable Pre-Adoption Questionnaire Acceptance Fee for reviewing and approving Buyer’s Pre-Adoption Questionnaire. This fee will be credited towards the total adoption price of the Animal selected as outlined in Section 1.14.

a. This application acceptance fee is not a Kitten/Cat Deposit and does not reserve any animal. Nor does the Application Acceptance Fee count towards the required deposit as outlined in Section 1.7.

1.7 At the Signing of this Contract a non-refundable minimum deposit is required to reserve the Animal as outlined below. If for any reason Buyer is unable or unwilling to complete the purchase of the Animal, no refund of this deposit or other compensation will be paid to Buyer and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

a. Household Pet: 25%

b. Established Breeder: 50%

c. For purposes of this Agreement “ESTABLISHED BREEDER” shall be defined to mean a TICA or CFA Registered Cattery with a minimum of 2 years active breeding experience as calculated from the birthdate of your first registered litter. Proof of this date must be provided by submitting your TICA or CFA litter certificate. Catteries with under 2 years of experience, if breeding rights were to be offered, are required to pay in full at Contract Signing.

d. An alternate form of deposit may be authorized by the Breeder on a case-by-case basis and must be confirmed in writing as a Statement of Work in connection therewith and attached to Addendum {6} hereto, as outlined in Section 7.4.

1.8 At the signing of this Contract with receipt of the required deposit outlined in Section 1.7, 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 1.9.

1.9 The Breeder in their sole discretion may revoke the Animal adoption at any time and for any reason up to and including the date/time of delivery. To aid in this decision and to address any and all concerns Breeder may have during the Adoption Process, at the signing of this contract Buyer grants Breeder full authorization to conduct a background check and evaluate social Media platforms for all residents of their household. Furthermore, Buyer authorizes Breeder, or Breeder’s authorized agent, to conduct an on-site house inspection and personal interview of each household member if deemed necessary in Breeder’s sole discretion, with twenty-four (24) hours written notice.

a. The Breeder will provide a Contract termination letter to the Buyer informing them of their decision.

b. Any funds received, including the deposit, except as outlined in Section 1.9(f), will be refunded in full. Any merchant/bank fees not retained by the Breeder are exempt from refunds.

c. Buyer acknowledges that the pre-adoption questionnaire that was submitted was completed to the best of their knowledge, free of falsifications and/or omissions, and true and complete in material detail. Further Buyer acknowledges that the follow-up interview and any/all communication with Breeder will be truthful, accurate, and free of deception.

d. If Breeder becomes aware of information submitted on the pre-adoption questionnaire that violates the terms of Section 1.9(c), this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

e. If Breeder becomes aware of the intent to withhold proper care for the animal, including but not limited to fresh food, clean water, a clean litter box, and timely veterinary services; or if Buyer is planning to purposely make access to these items difficult for the Animal, this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

f. No refund will be issued for breach of Contract in violation of Section 1.9(d) or 1.9(e) and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.10 Buyer agrees that if this Contract is for the purchase of a Kitten; under no circumstances will the kitten be allowed to leave the Cattery until they reach a minimum of fourteen (14) weeks of age on domestic adoptions, or a minimum of sixteen (16) weeks of age on international adoptions, provided Dam and Kitten are ready. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinary Clinic. If this date is extended by the Breeder no extended boarding charges will apply from the original pickup date to the revised pickup date, and the “NO LATER THAN” date listed in Section 1.11(a) will be extended the same number of days as the revised pickup date.

1.11 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 sixteen (16) weeks of age on domestic adoptions, and no later than eighteen (18) weeks of age on international adoptions. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinary Clinic.

a. Failure to collect the Animal or arrange for shipping/delivery before this date (__________) shall constitute breach of Contract unless written arrangements are made for extended boarding of the Animal under a Statement of Work to Addendum {1} hereto.

b. If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.11(a), this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

c. An invoice for a Statement of Work for boarding as outlined in Section 7.4(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 7.5(a).

d. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.12 Buyer agrees that if this Contract is for the purchase of a Junior, Adult, or Senior Animal; buyer will collect the Animal or arrange for shipping/delivery No Later Than two (2) weeks from the date of this Contract. This date may be extended at the sole discretion of the Breeder for needs of the Animal or as directed by our Cattery Veterinary Clinic.

b. If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.12(a), this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

d. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.13 Buyer acknowledges that processing and transaction fees, if any, are charged during the checkout process. These fees are not retained by Pet Perfect Bengals Cattery, and therefore, will not be included in a refund due Buyer under any provision of this Contract.

1.14 Account Credits (User Funds):

a. Pet Perfect Bengals Cattery assigns account credits in the form of User Funds for all reimbursements as outlined in Sections 2.4 of this Contract.

b. User Funds are not refundable and have no “Cash Value” except as outlined in Section 2.4(c) and may only be used at Pet Perfect Bengals Cattery for adoptions or the acquisition of goods and services.

c. Contact Pet Perfect Bengals to review the balance and transaction history of your User Funds outlined in Section 8

1.15 Contract Provision Exclusions:

a._____________________________________________________________________________________________________________________________

Section 2: (Health & Guarantees)

2.1 Pet Perfect Bengals Cattery has full DNA Testing done on all breeding pairs. This testing is performed in conjunction with Optimal-Selection.com in a cooperative effort with TICA. Services are performed by Neogen’s GeneSeek Operations lab, located at 4131 N. 48th Street, Lincoln NE 68504. The following specific tests are conducted and test reports will be included for the Animal’s Sire and Dam in your document packet.

a. Blood-Brain Barrier Dysfunction (MDR1)

b. Cystinuria Mutation (SCL7A9)

c. Factor XII Deficiency (FXII)

d. Bengal Progressive Retinal Atrophy (PRA-B)

e. Mucopolysaccharidosis (MPS)

f. Polycystic Kidney Disease (PKD)

g. Progressive Retinal Atrophy (PRA)

h. Pyruvate Kinase Deficiency (PKDef)

2.2 In addition to the above genetic testing the Sire and Dam will be screened and tested every twelve (12) to eighteen (18) months for any health issues including heart conditions/murmurs. Each Animal will have had a pre-adoption examination as outlined in Section 2.3, vaccinations and wellness checks as determined by our Cattery Veterinary Clinic, Lake Country Veterinary Service and administered by Clinic Staff. Any additional veterinary services may be administered by any board certified veterinarian.

Lake Country Veterinary Service

551 Railroad Avenue

Albany, Minnesota, 56307

https://lakecountryvetservice.com/

Phone: 320-845-6930

Second Line: 800-495-6930

Fax: 320-845-6928

2.3 A pre-adoption wellness check (Kitten Pre-Adoption Breeder Veterinarian Clearance) is performed on the Animal between seven (7) to nine (9) weeks of age by our Cattery Veterinary Clinic.

a. 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.

b. The diagnostic assessment includes the following: gender confirmation, weight measurement, listening for lung and heart sound anomalies, detection and grading of any murmur.

c. An overall assessment by the Veterinarian is made to include clearing the Animal for Adoption.

2.4 Misgendering of the Animal, although rare, has been known to happen. Breeder and our Cattery Veterinary Clinic strive to accurately assess the gender of the Animal both at time of birth and again during the pre-adoption wellness check as outlined in Section 2.3, and Buyer acknowledges that definitive gendering can only be done at the time of spay/neuter.

a. If the gender of the Animal is confirmed to be different than that listed in Section 1.1(k) after the execution of this contract, Buyer at their discretion, can elect to proceed with the adoption or withdraw from this contract and select a kitten from a future litter.

b. If Buyer elects to withdraw from the adoption as outlined in Section 2.4(a) a credit in the amount of the original adoption price will be issued as outlined in Section 1.14 for use toward selection of an alternate future kitten. If the selected kitten’s adoption price is higher than the value of the User Funds issued, Buyer is responsible for the difference in price.

c. Buyer will receive a reimbursement, if requested, of any unused User Funds after the execution of the new adoption contract.

d. No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal of the original gender listed in Section 1.1(k) within eighteen (18) months of a confirmed misgendering.

2.5 Breeder guarantees that this Animal is, to the best of Breeder’s actual knowledge, free from genetic defects, congenital diseases, parasites, and is in good health at the time of sale.

a. Breeder reserves the right to delay the date of delivery or sale if necessary to ensure safety and health. If Breeder is unable to deliver Animal for any reason, including but not limited to health or mortality, a replacement Animal of similar value will be provided. No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal within eighteen (18) months from the “Go Home Date” as outlined in Section 1.3(c). The Animal will be replaced with an Animal selected by Breeder in Breeder’s sole and absolute discretion of equal value.

b. If the Animal is being shipped, it will be accompanied by a veterinary health certificate. The cost of the Veterinarian appointment and issuance of the Health Certificate is not included in the price of the Animal. The cost for this service is detailed in Section 7.4(f).

2.6 The Animal is veterinarian cleared as healthy prior to leaving Pet Perfect Bengals Cattery and is warranted by a ninety-six (96) hour sickness guarantee period. The ninety-six (96) hour sickness guarantee period begins when the Animal leaves the care of Pet Perfect Bengals Cattery for shipping too, or collection by Buyer. Illness must be diagnosed and documented by a certified veterinarian using the Pet Perfect Bengals Cattery “Health Guarantee Form” included in Section 1 of your document packet.

a. A cattery exit wellness check (Kitten Go Home Exit Veterinarian Clearance) is conducted prior to the Animal leaving Pet Perfect Bengals Cattery. This clinical assessment rechecks all the areas outlined in Section 2.3 with the addition of verification of the microchip number, and a clinical inspection of the alter site to determine if the Animal is cleared to go home.

b. The Animal will only be permitted to leave the Cattery for shipping too, or collection by Buyer, upon the Animal receiving a Veterinarian Cleared To Go Home endorsement signed by our Cattery Veterinarians as listed in Section 2.2.

c. Failure to inform Breeder and submit the Health Guarantee Form along with required documentation within forty-eight (48) hours in accordance with Section 8 of veterinarian’s finding illness or other cause for concern will waive any rights to compensation, including refund or replacement under any Section of this Contract.

d. Breeder requires, and all warranties under Section 2.6 are subject too, and it is Buyer’s responsibility to activate the thirty (30) day free trial pet insurance provided by Breeder if the Animal is one (1) year old or younger at Go Home Day in accordance to Section 4.6. Failure to activate this insurance prior to leaving the cattery for pickup or within one (1) hour of delivery of the Animal will waive Section 2.6 of this Contract and all rights and health guarantees to refund within this Section are void.

e. If the Animal is found to be sick during the ninety-six (96) hour sickness guarantee period, and this sickness originated prior to leaving Pet Perfect Bengals Cattery, Buyer may elect between the following two (2) options; The Animal may be returned for a full refund, less any processing or cattery fees – or – Buyer may elect to keep the Animal and Breeder will compensate Buyer for associated veterinary services up to the maximum amount of Two Hundred Fifty ($250.00) dollars, equal to the Trupanion health insurance deductible.

f. Breeder shall not be responsible for paying any veterinarian fees, insurance premiums, insurance co-payments, or associated costs except as outlined in Section 2.6(e).

g. Breeder may require a second veterinary opinion, at Breeder’s expense.

h. Breeder is not responsible for illness or injury to the Animal resulting from the Animals exposure to other animals in violation of quarantine requirements as outlined in Section 3.4.

i. Breeder is not responsible for illness or injury to the Animal resulting from Buyer’s mishandling, mistake, or accident.

j. Breeder is not responsible for injury or illness to the Animal from adverse reaction to the alter procedure/surgical site as a direct result of grooming, licking, chewing, allergic reaction to sutures used during the alter procedure, and/or any activity that prevents the natural healing process.

k. Breeder is not responsible for damage or injury to other animals, persons, or property caused directly or indirectly by this Animal.

l. If return shipping is necessary, Buyer shall be responsible for arrangements and cost. The original shipping fees, if any, are not refundable.

a. For purposes of this Agreement “MATERIAL CONGENITAL DEFECTS” shall be defined to mean 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 animals normal physical activity, or (iii) causes abnormal pain to the animal.

b. Buyer agrees that if this Contract is for the purchase of a Kitten or Junior as outlined in Section 1.2(b); Animal is guaranteed against Material Congenital Defects until three (3) years of age. Animal’s date of birth is identified in Section 1.2(a) of this Contract.

c. Buyer agrees that if the Animal is a Retired Breeder as outlined in Section 1.2(c); Animal is guaranteed against Material Congenital Defects for a period of one (1) year from the “Go Home Date” as outlined in Section 1.3(c), regardless of the age of the Animal.

d. Failure to inform Breeder and submit the Health Guarantee Form along with required documentation within forty-eight (48) hours in accordance with Section 8 of veterinarian’s finding a Material Congenital Defect will waive any rights to compensation, including refund or replacement under any Section of this Contract.

e. Suspected conditions and/or inconclusive tests shall not be considered as confirmation.

f. Breeder may require a second veterinary opinion, at Breeder’s expense.

g. Only early onset Juvenile Hypertrophic Cardiomyopathy (JHCM) as outlined in Section 2.8(a) is known by the American College of Veterinary Internal Medicine (ACVIM) to be directly caused by genetic abnormalities in the Dam and Sire, and therefor covered under this provision. All other forms of Hypertrophic Cardiomyopathy (HCM) are excluded.

h. No refunds will be paid unless Breeder is unable to provide a suitable replacement Animal within eighteen (18) months of a confirmed diagnosis.

2.8 HCM is the most encountered heart disease in cats. This disease is characterized by an abnormal thickening “Hypertrophy” of one or several areas of the walls of the heart, usually of the left ventricle.

a. This disease is usually diagnosed in middle-aged cats and the cause of HCM has not been clearly identified. However, there is a juvenile form affecting young cats (6 months of age and younger) that has been confirmed as an autosomal dominant inherited trait. This juvenile form is always accompanied by heart murmur(s) and arrhythmias detectable by stethoscope as early as two (2) weeks of age. Pet Perfect Bengals Cattery has each kitten examined by our Cattery Veterinary Clinic between seven (7) to nine (9) weeks of age (Kitten Pre-Adoption Veterinarian Clearance) as outlined in Section 2.3, and this examination includes screening for any heart abnormalities and murmurs. A copy of this clearance report will be included in Section 3 of your document packet.

b. Pet Perfect Bengals Cattery screens each Sire and Dam every twelve (12) to eighteen (18) months by Echocardiogram to detect any signs of cardiac abnormalities in our breeding pairs.

2.9 Buyer acknowledges that the Animal may develop or contract illnesses or diseases over the course of its lifespan that are beyond the control of the Breeder; as these are Naturally Occurring (present in the environment) medical conditions.

a. Illnesses or diseases caused by parasites, fungus, viruses, bacteria, allergies to airborne particles, food, flea or mosquito bites such as; CPV (Canine Parvovirus), FCoV (Coronavirus), FCV (Calicivirus), FeLV (Feline Leukemia), FHM (Feline Hemotrophic Mycoplasmosis), FHV (Feline HerpesVirus), FIP (Feline Infectious Peritonitis), FIV (Feline Immunodeficiency Virus), FPV (Feline Panleukopenia Virus), Gastrointestinal Parasites (including; Roundworms, Tapeworms, Whipworms, Heartworms, Stomach Worms, Flukes, Coccidia, Giardia, Toxoplasma), Aspergillosis, Blastomycosis, Campylobacter, Candidiasis, Clostridium Difficile, Coccidioidomycosis, Cryptococcosis, Cryptosporidium, C. Perfringens, C. Botulinum, E. Coli, Dermatophytosis (Ringworm), Histoplasmosis, Mycetomas, Phaeohyphomycosis, Rhinosporidiosis, Salmonella, Sporotrichosis, Staphylococcus Aureus, Trichomonas/Tritrichomonas, Yersinia Enterocolitica and Enterotoxigenic, Rabies, Urinary/Respiratory Infections are not material congenital defects, occur naturally, and therefore the treatment of which are the financial responsibility of the Buyer.

b. Bengal Cats and Purebred Animals in general may be predisposed to specific chronic conditions, illnesses, and abnormalities, such as Feline Entropion and Gingivostomatitis.

c. The development and treatment of any naturally occurring medical condition over the course of the Animal’s lifespan are the financial responsibility of the Buyer.

d. No refund will be provided to the Buyer for illness or mortality resulting from a naturally occurring condition diagnosed after the ninety-six (96) hour sickness guarantee period as outlined in Section 2.6.

2.10 Buyer acknowledges that the Animal is not born with a fully developed immune system. Their developing immune system is susceptible to various stressors, weakening its ability to combat potential health threats.

a. Once your kitten is weaned, its immune system is vulnerable. It is challenged by the stress of adoption, separation from litter mates and exposure to a new environment. Pet Perfect Bengals Cattery provides as part of the Animals high quality daily diet NuVet Plus Feline immune system supplement.

b. Breeder requires and all warranties hereunder are subject too, and it is Buyer’s responsibility to continue the daily use of the NuVet Plus Feline immune system supplement for a minimum of the first four (4) critical years of the Animals growth and development; otherwise known as the kitten stage.

c. Order directly from NuVet by phone at (800) 474-7044, or online at www.nuvet.com; order code 909866.

d. If Buyer elects to discontinue daily use of the NuVet Plus Feline immune system supplement, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

2.11 Buyer acknowledges that once the Animal has left the care of Pet Perfect Bengals Cattery for shipping too, or collection by Buyer, any and all medical/veterinary/treatment decisions with respect to illness or injury are borne by the Buyer and the attending Veterinarian of Buyer’s choosing. Breeder is not responsible for illness or injury to the Animal resulting from any misdiagnosis, malpractice, negligence, prescribing the wrong course of treatment, drug interaction or overdose.

2.12 Animal Boarding: Kittens/Cats at Pet Perfect Bengals Cattery.

a. Breeder offers extended boarding for families that require additional time to pick up the Animal as outlined in Sections 1.11(a) and 1.12(a) at a rate of $25.00 per day.

Section 3: (Buyer’s Responsibilities)

3.1 If Animal is sold as a household pet, it must be altered (spayed, or neutered) before reaching seven (7) months of age. Animal’s date of birth is listed in Section 1.2(a) of this Contract. Registration papers will be provided only after Breeder has received proof of alteration of this individual Animal by SpaySecure.

a. If Animal is altered before leaving the care of Pet Perfect Bengals Cattery, TICA registration papers will be provided at time of sale, or as soon as available from the club.

b. If unaltered at time of sale, Buyer is responsible for altering Animal. Kittens must be altered before seven (7) months of age, and a Junior, Adult or Senior Cat within thirty (30) days of date of sale.

c. Pet Perfect Bengals Cattery contracts with SpaySecure for the confirmation of alteration. Buyer will be required to sign the Spay and Neuter Agreement from SpaySecure and to follow all provisions therein. Acceptable proof of alteration under this provision and in compliance with the Terms of SpaySecure are: Completed Sterilization Form, the Spay/Neuter Certificate, and a copy of the invoice from a licensed veterinarian certifying the type of procedure, date of procedure, name of Animal, and the microchip number of the Animal.

d. These documents must be uploaded to the SpaySecure Web-Portal by either the Sterilization Deadline or by 10 days after the date of Sterilization operation, whichever is earlier.

e. Extension of Sterilization Deadline may only be sought due to a Licensed Veterinarian’s reasonable, good faith, and professional judgment that spay or neuter would jeopardize the life or basic health of the Animal.

f. Failure to fully execute SpaySecure’s Agreement within ten (10) days of signing this Contract for any reason and this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery. No refunds or compensation will be made.

3.2 Failure on Buyer’s part to alter a Kitten sold as a pet before seven (7) months of age; a Junior, Adult, or Senior Cat sold as a pet within thirty (30) days of date of sale without written and signed approval of Breeder shall constitute breach of Contract as well as violations within the Terms and Conditions of the SpaySecure Contract.

a. In the event of Contract breach due to failure to alter the Animal, providing no mating has accrued, Buyer shall be subject to all penalties outlined in the Agreement signed with SpaySecure, in addition to, court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

b. In addition to the remedies outlined in Section 3.2(a), if the unaltered Animal produces a litter, ownership of the Animal, all offspring and/or monies collected from sale of offspring shall revert to Breeder. Furthermore, Buyer shall yield custody and possession of Animal and all offspring to Breeder in a timely fashion and cooperate in good faith to complete documents necessary for transfer of registration. Buyer shall be responsible for the cost of return shipping for the Animal, costs associated with acquiring and returning all offspring, court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

3.3 Breeder requires and all warranties hereunder are subject too, and it is Buyer’s responsibility to follow proper quarantine procedures when bringing a new Animal into the home. Proper quarantine procedures include but are not limited to physical separation in a clean quiet area, disinfection of quarantine area, hand washing between handling different animals, and provision of separate food, water, and litter accommodations for the new Animal.

a. If Animal is not quarantined from other animals for a period of at least ninety-six (96) hours after Animal arrives to its new home, the health sickness guarantee refund as outlined in Section 2.5 is void.

b. Breeder is not responsible for, and shall not compensate Buyer for, contagious diseases or viruses transmitted between animals outside of Breeders direct control.

c. Pet Perfect Bengals Cattery reserves the right to monitor social media platforms for indications of failure to follow proper quarantine requirements.

3.4 Breeder requires, and all warranties hereunder are subject too, and it is Buyer’s responsibility to have the Animal thoroughly examined by a licensed veterinarian within ninety-six (96) hours after Animal arrives to its new home.

a. Without this examination, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

b. This first exam is offered free of charge by Pet Perfect Bengal Cattery to the Buyer if using Lake Country Veterinary Service. However, to prevent conflict of interest this exam cannot be conducted by the veterinarian/s checked on the “1st Examination Form” included in the Front Blue Folder of your document packet. Use the contact information below to schedule your free 96 hour vet exam.

Lake Country Veterinary Service

551 Railroad Avenue

Albany, Minnesota, 56307

https://lakecountryvetservice.com/

Phone: 320-845-6930

Second Line: 800-495-6930

Fax: 320-845-6928

c. Findings must be documented by a certified veterinarian using the Pet Perfect Bengals Cattery “1st Examination Form” included in the Front Blue Folder of your document packet.

d. A copy (photo sent by text) of this form along with any documents required (as listed on the form) must be submitted within forty-eight (48) hours, and the original with wet signatures must be returned to Pet Perfect Bengals Cattery by mail within seven (7) days of the appointment in accordance with Section 8.

3.5 Pets are part of many children’s lives. Parental involvement, open discussion, and planning are necessary to help make pet ownership a positive experience for everyone. A child who learns to care for an animal, and treat it kindly and patiently, may get invaluable training in learning to treat people the same way. Careless treatment of animals is unhealthy for both the pet and the child involved.

a. Although most children are gentle and appropriate with pets, some may be overly rough or even abusive. Each child in the household must be introduced to the Animal slowly under parent/guardian supervision, allowing the Animal time to get familiar with each child. Parent/guardian should use the “Interactive CAT Play” and the “Cat Language” brochures included in your document packet, to help children understand how the Animal is feeling.

b. No child under the age of 12 shall be left alone or unsupervised with the Animal for a minimum of thirty (30) days, and until such time as the parent/guardian has ensured that the child understands how to act appropriately with the Animal.

c. If at any time the Animal is found to be abused, tortured, maliciously harassed, or made to feel unsafe in any manner by a child, Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. Further in accordance with the AACAP (American Academy of Child and Adolescent Psychiatry) and the ASPCA (American Society for the Prevention of Cruelty to Animals) the parent/guardian should seek an immediate referral to a child and adolescent psychiatrist for a comprehensive evaluation.

d. No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.

3.6 If at any time during the lifetime of the Animal a veterinarian determines that the Animal has a life-threatening illness Buyer should contact Breeder immediately. Furthermore, Buyer must contact Breeder before this Animal is destroyed for any reason other than for age or relief from chronic pain or suffering.

a. In the event of an unforeseen death of the Animal, Breeder may exercise the right to have the Animal examined by postmortem (necropsy) by a veterinarian of Breeder’s choosing.

b. The cost of this postmortem is borne by the Breeder, unless the findings of the necropsy conclusively list the cause of death as/or the death is a direct result of malnourishment, abuse, or neglect as outlined in Section 4.10.

c. If confirmation of any mistreatment under section 4.10(b) is determined, these findings will be turned over to the Animal Care and Control Department who has jurisdiction for the address of record for the Animal, and Pet Perfect Bengals Cattery will issue a reimbursement demand for the costs of the postmortem to the Buyer.

3.7 Buyer is responsible for having the Animal checked yearly by a veterinarian (wellness exams), as well as to immediately seek veterinarian care if the Animal is showing any signs of illness or injury.

a. Failure to provide immediate veterinary care for an Animal that is sick or injured constitute abuse and neglect under the terms of Section 4.10, and Buyer shall, upon demand, if any, unconditionally surrender possession of the Animal to Breeder, or to Breeder’s authorized agent as outlined in Section 4.10.

b. Buyer shall reimburse Breeder for any and all cost associated with treating the Animal, any travel and boarding fees as outlined in Sections 6.5. The treatment plan will be based on the recommendations of the attending veterinarian and may include emergency services if deemed necessary to save the life of the Animal. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

3.8 The Animal has been implanted with a radio-frequency identification (RFID) microchip that provides a permanent ID for your pet and will be used to identify the Animal on official documents of record such as the Transfer of Ownership Certificate and the Medical Records Release Authorization.

a. Breeder uses 134.2 kHz microchips supplied by NanoChip. The microchip number sticker will be affixed inside the Animal’s Feline Health Record included in the Animal’s Go Home Document Packet.

b. Enrollment of the Animal into the FreePetChipRegistry™ database system is completed by the Breeder within twenty-four (24) hours after the Animal has left the Cattery. Buyer is responsible for completing FreePetChipRegistry™ registration form during the Go-Home Appointment.

c. Breeder requires, and all warranties under Section 2 are subject too, and it is Buyer’s responsibility to maintain uptodate information on the FreePetChipRegistry™ Site for the life of the Animal.

d. To update information, visit www.freepetchipregistry.com , or call (888) 546-7615.

Section 4: (Lifelong Wellbeing)

4.1 Buyer is responsible for maintaining current vaccinations for this Animal.

a. Breeder vaccinates Kittens and Cats against Feline Viral Rhinotracheitis, Feline Calicivirus, and Feline Panleukopenia utilizing the PUREVAX® Feline 3 (RCP) due to this brands non-adjuvanted properties.

b. Our Cattery Veterinary Clinic recommends two (2) kitten core (Feline 3 (RCP)) inoculations, spaced between three (3) to four (4) weeks apart. All doses and a complete parasite/deworming protocol is administered in Cattery or by Cattery Veterinary Clinic.

c. Our Cattery Veterinary Clinic recommends using the PUREVAX® brand to maintain (i.e. boost) these vaccines for life.

4.2 Rabies vaccination is left to the Buyer’s discretion, and to the requirements of Buyer’s state, and local regulations. It is Buyer’s responsibility to comply with state, and local regulations.

a. Breeder will vaccinate any Animal that will be traveling outside the United States as required by FAA regulations and International laws.

b. If the Animal will be traveling to a Rabies Free Country as listed on the US State Department’s website, a rabies titer test (FAVN) will be required. Pet Perfect Bengals Cattery contracts with Kansas State University Rabies Laboratory for the processing and certification of this specialized test, and results will take four to six (4-6) weeks to be completed.

c. Buyer will be issued an invoice for the required rabies vaccination and/or testing. This invoice must be paid in full prior to the Animal leaving Pet Perfect Bengals Cattery.

d. If the required testing is expected to be completed after the “NO LATER THAN” date outlined in Section 1.11(a) for a kitten, or Section 1.12(a) for a Junior, Adult, or Senior Animal; Buyer will be responsible for extended boarding charges as outlined in Section 7.4(a).

4.3 FIV (Feline Immunodeficiency Virus) and FeLV (Feline Leukemia) vaccinations are left to the Buyer’s discretion. Breeder recommends that Buyer discuss the pros/cons of these vaccinations with a veterinarian and consider the disease risks in their individual situation.

4.4 If the Animal should have a health problem whose nature the Buyer does not understand, he/she must take the Animal to a veterinarian as soon as possible and contact the Breeder as soon as the Animal has been seen by the veterinarian.\

4.5 Buyer agrees that this Animal will not be sold, leased, traded, or gifted, to any animal auction, research laboratory, shelter, or similar facility, without written approval of Breeder.

4.6 Breeder provides in conjunction with Trupanion.com a no obligation thirty (30) day free trial period of animal health insurance. This offer includes 24/7/365 support, paying 90% of the bill for covered costs, no payout limits, waived activation fee, no upfront payment, and immediate coverage without waiting periods. Coverage begins with a $250 deductible that buyers can change to fit their budget, should they choose to continue coverage past the thirty (30) day free trial period.

a. Buyer acknowledges that veterinarian services can be costly over the life of the Animal and that these expenses are Buyer’s responsibility.

b. Section 2.6(d) requires, and all warranties under Section 2.6 are subject too, and it is Buyer’s responsibility to activate the trial pet insurance provided by Breeder if the Animal is 1 year old or younger at Go Home Day.

c. Breeder recommends and Buyer may elect at Buyer’s expense to maintain continued health insurance past the trial period at Buyer’s discretion.

d. Call (855) 266-2156 to activate this offer, using Breeder Code BR1PP6622.

4.7 Buyer agrees that the Animal will not be declawed for any reason. Although legal in most jurisdictions within the United States, the process of removing the claws is a life-altering procedure that leaves the Animal unable to defend itself and could affect the health and wellbeing of the Animal permanently. An alternate course of action and one Supported by Pet Perfect Bengals Cattery is the use of nail covers.

a. If the Animal is found to have been declawed in violation of Section 4.7, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

4.8 If for any reason, at any time, Buyer is unable to keep or provide adequate care for this Animal; Breeder must be contacted to attempt to make arrangements for another home. Buyer shall be responsible for transportation cost unless other arrangements can be made.

a. No refunds or other compensation will be paid to the Buyer. Once returned, the Animal’s new owner shall have sole ownership of the Animal. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.

4.9 Buyer may not resale the Animal to a third-party (otherwise known as, or acting as, a broker) either free or for monetary gain. Any attempt to resale the Animal shall constitute breach of Contract and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent.

a. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.

b. In the event of Contract breach due to acting as a broker, Buyer shall pay a fee to the Breeder in the amount of $10,000.00. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

4.10 If at any time Animal is found to be malnourished, abused, neglected, or kept in poor conditions Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent.

a. No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.

b. If at any time Breeder suspects this Animal is malnourished, abused, neglected, or kept in poor conditions; Breeder may exercise the right to have the Animal examined by a veterinarian of Breeder’s choosing at Breeder’s cost.

c. If confirmation of any mistreatment under section 4.10(b) is determined, these findings will be turned over to the District Attorney’s Office and Animal Care and Control Department who has jurisdiction for the address of record for the Animal. Breeder will seek full prosecution under applicable State law.

4.11 Buyer agrees they will not become a foster pet parent, and if they are already registered as a foster parent they will not act in that capacity throughout the lifetime of the Animal. In virtually all cases these foster pets carry illness and diseases of an unknown origin and pose a clear and present danger to the health and wellbeing of the Animal. Breeder is not responsible for illness or injury to the Animal resulting from the introduction or joint housing of a foster pet in the Buyer’s residence.

a. If the Animal is found to reside in a residence with a foster pet, regardless of length of time, in violation of Section 4.11, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

4.12 Buyer acknowledges that transitioning the Animals diet abruptly or constantly can cause serious and long-term gastrointestinal issues and health related trauma. Breeder, along with our Cattery Veterinarian, recommends the slow and systematic approach to any diet change as outlined on the page “Bengal Dietary Needs: Beyond the Bowl” on our website: petperfectbengals.com.

a. Buyer agrees that only a balanced cat-specific’ raw, freeze dried, or a high quality canned food will be fed to the Animal, and that before giving the Animal any table-scraps or human food they will consult with their veterinarian to ensure this food will not harm the Animal.

b. Buyer agrees that at no time will the Animal be fed a kibble diet, regardless of the brand or quality.

c. Buyer agrees that before any diet change they will consult with their veterinarian to ensure the diet is well balanced and age appropriate for the long term health and wellbeing of the Animal.

d. If Breeder becomes aware of diet changes contrary to the recommendations outlined in Section 4.12, the webpage “Bengal Dietary Needs: Beyond the Bowl” on our website: petperfectbengals.com, or without the approval of Buyer’s veterinarian, regardless of length of time, Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract are void.

4.13 Buyer agrees that the Animal will be kept indoors (not allowed to roam freely outside) in a clean kitten/cat proof environment, given proper nutrition, and health care.

a. For purposes of this Agreement “KITTEN/CAT PROOF ENVIRONMENT” shall be defined to mean access to any area or 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.

b. Buyer acknowledges that they will seek immediate emergency care for the Animal in accordance to Section 3.6 for any injury or illness resulting from access too or contact with an unsafe environment or item as outlined in Section 3.6(a).

4.14 The Animal must not be left alone in outdoor areas unless a completely enclosed space has been built for it and from which it cannot escape.

4.15 There are no guarantees as to Animal’s personality or temperament. Furthermore, Breeders cannot guarantee the ultimate size, weight, shape, nor any other trait of the Animal based on the appearance of the Animal on Reservation day between seven (7) to nine (9) weeks of age”.

a. Buyer acknowledges that the growth and development of the Animal is substantially aided or hindered based on the care, diet, and nutrients provided by the Buyer. Care, diet, and nutrients are enumerated throughout this Contract and Buyer acknowledges that any deviation from the provisions outlined herein must be made under the direct supervision of a Veterinarian, and could result in Section 2 of this Contract and all rights and health guarantees to refund, replacement, or any other compensation outlined within this Contract to be voided.

4.16 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 California Family Code 2605, and the presiding judge shall “assign sole or joint ownership of a pet animal taking into consideration the care of the animal”.

a. This 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. Buyer acknowledges that the Adoption of the Animal has taken place in the State of Minnesota as outlined in paragraph 1 of this Contract, and the Court with jurisdiction over the separation proceedings should use California Family Code 2605 regardless of where the Animals residency is to determine ownership of the Animal after the separation.

Section 5: (Breeding Rights)

5.1 If Animal is sold with breeding rights, Buyer agrees to the following conditions.

a. The naming of the Animal will adhere to the generally accepted international club registry standards as follows:

PetPerfect (cat’s name) of (owners cattery name)

b. To abide by accepted TICA/CFA good breeding practices.

c. To conduct breeding in an ethically responsible manner, with the welfare and needs of the Animals first and foremost.

d. To not mate the Animal until it has reached a minimum age of twelve (12) months, without written approval of Breeder, and only when deemed necessary to protect the health and wellness of the Animal as directed by a certified veterinarian.

e. To screen the Animal by echocardiography performed by a board certified cardiologist and showing no signs of Hypertrophic cardiomyopathy (HCM) every twelve (12) to eighteen (18) months starting before the first breeding.

f. To abide by the non-compete clause outlined in Section 5.8 of this Contract.

g. To abide by the breeding line protection clause outlined in Section 5.9 of this Contract.

h. To abide by breeding restrictions (if any) listed in Section 5.10 of this Contract.

5.2 If Animal is sold with breeding rights, Breeder will conduct full DNA Testing on the Animal as outlined in Section 2.1 of this Contract.

a. At the signing of this Contract with receipt of the required deposit outlined in Section 1.7, Breeder will collect the cheek swabs and submit to Neogen for Full DNA testing. The costs for this testing will be borne by Breeder.

b. Laboratory testing usually takes up to 30 days to be processed and for results to be sent via email to Pet Perfect Bengals Cattery.

c. Upon receipt of the certified results from Neogen, a copy of the report and a results key will be provided to the Buyer as outlined in Section 1 of this Contract.

d. A specific test report indicating any “At Risk” genetic variant will be considered acceptable grounds for Buyer to cancel this Contract. If no test results are “At Risk” no cancellation of the Contract may be made under this provision.

e. If Buyer elects to cancel the Contract under provision 5.2(d) a full refund of all monies paid to Breeder will be returned to Buyer within seventy-two (72) hours, and Buyer will have no remaining obligations under the Contract.

5.3 Any video, photo, or text information about the Animal, published by the Buyer in any format on any media, internet, social, forum, chat, messaging system or site with the express purpose of advertising the Animal; shale contain the full name of the Animal with a mandatory statement of its hereditary Cattery as outlined in Section 5.1(a).

a. Failure on Buyer’s part to properly identify the Animal’s hereditary Cattery (PetPerfect) in the association with any type of post listed in Section 5.3 shall constitute breach of Contract.

b. Candid and whimsical photos, photos shared solely between friends, and photos not being used for marketing or advertisement of the Animal or the Buyer’s Cattery are not subject to section 5.3.

c. In the event of Contract breach due to improper identification of the Animal, Buyer shall pay a fee to the Breeder in the amount of $100 for each post misidentifying the Animal. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

5.4 Breeder cannot guarantee show performance, contest wins, or that Animal will earn title awards.

5.5 If Animal is sold with breeding rights the Breeder guarantees that the Animal has the ability to conceive. In case of infertility, Animal may be exchanged for a similar Animal under the following conditions:

a. Infertility caused by an injury, illness, infection, or veterinary medical procedure occurring after Buyer has taken possession of Animal shall not entitle Buyer to a replacement Animal.

b. Infertility shall not be determined until the Animal has failed to produce offspring after one (1) year of attempted breeding with two or more proven mates while following responsible, controlled breeding practices.

c. Breeder reserves the right to attempt breeding the Animal to a proven mate of known fertility for a period of up to six (6) months before infertility is conclusively determined.

d. No refunds will be paid unless Breeder is unable to provide a replacement Animal within eighteen (18) months after infertility is unequivocally confirmed.

5.6 Animal shall not be co-owned, loaned, leased, or re-sold for breeding purposes, without written approval of Breeder. This includes studding a male with or without compensation. No re-registration, transfer of ownership, or other devious means of circumventing these restrictions is permitted.

a. Any request for transfer of ownership must be submitted in writing to the Breeder, and the Breeder, in their sole discretion may approve or decline the request.

b. Upon receipt of a written request under this Section Pet Perfect Bengals Cattery will either; approve without limitations, approve with specific breeding restrictions, or decline the request in Breeders sole and unfettered discretion.

c. If a request is approved; upon transfer of the Animal a copy of all paperwork (including a Bill of Sale, Contract, and Registration Paperwork) must be submitted to Pet Perfect Bengals Cattery within thirty (30) days of the transfer in accordance with Section 8.

5.7 Any transfer of ownership attempted without written and signed approval of Breeder shall constitute breach of Contract.

a. In the event of Contract breach due to transfer of ownership without approval, ownership of Animal, all offspring and/or monies collected from sale of offspring shall revert to Pet Perfect Bengals Cattery. Furthermore, Buyer shall yield custody and possession of Animal and all offspring to Breeder promptly after written demand from Breeder and cooperate in good faith to complete documents necessary for transfer of registration.

b. In the event of Seller’s unauthorized transfer of ownership without approval, Buyer shall be responsible for the cost of return shipping for Animal, costs associated with acquiring and returning all offspring, court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract.

5.8 Non-Compete Clause:

a. Buyer acknowledges that at no time and under no circumstances will they be permitted to offer to any party, friend, relative, or individual; any direct descendant of the Animal for adoption, either free or for monetary gain within the boundaries outlined in Section 5.8(b).

b. Buyer acknowledges Breeders exclusive rights against non-competition in the state of Minnesota.

c. Transfer of ownership of any type as outlined in Section 5.8(a) in any location or to any address that falls within the boundaries as outlined in Section 5.8(b) shall constitute breach of Contract, unless written arrangements are made for exclusion of a specific transfer under a Statement of Work to Addendum {5} hereto.

d. In the event of Contract breach due to violations of the Non-Compete Clause, Buyer shall pay a fee to the Breeder in the amount of $1,000.00 for the first offense, $2,500.00 for the second offense, and $5,000.00 for each additional offense. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

5.9 Breeding Line Protection Clause:

a. Buyer acknowledges that at no time and under no circumstances will they be permitted to offer to any party, friend, relative, or individual; any 1st generation (F1) direct descendant of the Animal for adoption, either free or for monetary gain with breeding rights. This provision is in effect for the lifetime of the Animal.

b. Buyer acknowledges that only with written approval of Breeder will they be permitted to offer any 2nd generation (F2) direct descendant of the Animal for adoption, either free or for monetary gain with breeding rights to any party outlined in Section 5.9(a). This provision is in effect for the first three (3) litters of a specific F2 Descendant, and is lifted for the fourth (4) and subsequent litters.

c. Buyer has no restrictions on the sale of breeding rights for any (F3) or lower direct descendant of the Animal.

d. Filial generations are the nomenclature given to subsequent sets of offspring from controlled or observed reproduction. The F1 generation refers to the first filial generation. The F2 generation refers to the second filial generation, or the offspring of an F1 descendant.

e. Any request for sale of F2 descendants with Breeding Rights under the restrictions listed in Section 5.9(b) must be submitted in writing to the Breeder, and the Breeder, in their sole discretion may approve or decline the request.

f. Upon receipt of a written request under this Section Pet Perfect Bengals Cattery will either; approve without limitations, approve with specific breeding restrictions, or decline the request in Breeders sole and unfettered discretion.

g. Failure to strictly adhere to any restriction listed in Section 5.9(a)(b) shall constitute breach of Contract, unless written arrangements are made for exclusion of a specific restriction under a Statement of Work to Addendum hereto.

h. In the event of Contract breach due to violations of the Breeding Restrictions, Buyer shall pay a fee to the Breeder in the amount of $10,000 for each occurrence. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

5.10 Breeding Restrictions:

a.______________________________________________________________________________________________________________________________

b. Failure to strictly adhere to any restriction listed in Section 5.10(a) shall constitute breach of Contract, unless written arrangements are made for exclusion of a specific restriction under a Statement of Work to Addendum {5} hereto.

c. In the event of Contract breach due to violations of the Breeding Restrictions, Buyer shall pay a fee to the Breeder in the amount set forth in the provision governing that restriction. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

Section 6: (Shipping, Delivery, Returns and Refunds)

6.1 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 Addendum {2/3/4} hereto, as outlined in Section 7.4.

6.2 The costs incurred in shipping/transporting the Animal are borne by the Buyer.

a. Pet Perfect Bengals Cattery prefers Buyer to pick up the Animal in person at its Cattery in Sartell, Minnesota or optionally Buyer can select to have Breeder deliver the Animal to Minneapolis–Saint Paul International (MSP) Airport as outlined in Section 6.3, have the animal transported domestically by air in-cabin with Pet Perfect Bengals as outlined in Section 6.4, have the animal transported domestically by air in-cabin with a courier as outlined in Section 6.5, or have the Animal delivered regionally by ground as outlined in Section 6.6.

b. Pet Perfect Bengals Cattery contracts with Southwest Airlines, Delta Airlines, American Airlines, Frontier Airlines, Sun Country Airlines and Spirit Airlines for all United States in-cabin delivery.

c. International shipping/transportation is highly regulated and will require additional documentation and/or animal quarantine. No kitten may leave the United States until they are at least 16 weeks of age. We 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 an IPATA (International Pet and Animal Transportation Association) member for assistance in coordinating and complying with your country’s applicable rules and regulations.

d. 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.

6.3 Transport Air: Animal delivery to MSP by Breeder.

a. Breeder charges a set fee of $150.00. The pricing for this optional package may change at any time based on pricing received from suppliers, veterinary services, and global market fluctuations that are beyond the control of Pet Perfect Bengals Cattery.

b. Our fee covers supplying an upgraded in-cabin carrier and transfer of the Animal to our local airport: Minneapolis–Saint Paul International (MSP).

c. Buyer must meet Breeder at MSP airport within thirty (30) minutes of the date/time specified in the Statement of Work Addendum. Breeder charges an $85.00 per hour waiting fee, billed in fifteen (15) minute increments for any flight or travel delay. Breeder will wait a maximum of two (2) hours before returning to the Cattery.

d. If the Animal is returned to the Cattery for any flight or travel delay, Buyer will be required to pick up the Animal in person at Pet Perfect Bengals Cattery in Sartell, Minnesota Within three (3) days or this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

e. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

6.4 Transport Air: United States Domestic by air in-cabin with Pet Perfect Bengals is offered on a case-by-case basis; upon availability.

a. Pet Perfect Bengals delivery (in cabin with Animal) for United States Domestic locations is offered at a rate of $500.00 (This fee covers an upgraded in-cabin carrier) plus the actual cost of the airline ticket. An overnight room and board charge of $100.00 plus the actual cost of the hotel reservation will apply for all destinations where the one-way flight time is in excess of 4 hours (this is calculated including layovers, if any). The pricing for this optional package may change at any time based on pricing received from veterinary services, and global market fluctuations that are beyond the control of Pet Perfect Bengals Cattery.

b. Up to two (2) Kittens or one (1) Junior, Adult, or Senior may travel in-cabin under FAA and airline rules and regulations provided the combined weight of the Animal(s) is under fifteen (15) pounds at time of transport request.

c. If the combined weight of the Animal(s) is in excess of fifteen (15) pounds at time of transport request in-cabin Pet Perfect Bengals delivery will not be offered.

d. This service is arranged around Pet Perfect Bengals schedule and delivery may be delayed based on our availability

e. Buyer must meet Pet Perfect Bengals at the destination airport on the date/time specified in the Statement of Work Addendum or Pet Perfect Bengals will return the Animal to Pet Perfect Bengals Cattery. If the Animal is returned to Pet Perfect Bengals Cattery a return charge of $200.00 will apply, and Buyer will be required to pick up the Animal in person at Pet Perfect Bengals Cattery in Sartell, Minnesota within three (3) days or this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

f. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

6.5 Transport Air: United States Domestic by air in-cabin with a courier.

a. Courier delivery (in cabin with Animal) for United States Domestic locations is offered at a flat rate of $900.00 (this fee covers an upgraded in-cabin carrier)

c. If the combined weight of the Animal(s) is in excess of fifteen (15) pounds at time of transport request in-cabin courier delivery will not be offered.

d. This service is arranged around the courier’s schedule and delivery may be delayed based on their availability and will incur an Animal Boarding charge as outlined in Section 7.4(a) for delivery after the no later than pickup date as outlined in Sections 1.11 or 1.12.

e. Buyer must meet Courier at the destination airport on the date/time specified in the Statement of Work Addendum or the Courier will return the Animal to Breeder. If the Animal is returned to Breeder by Courier a return charge of $200.00 will apply, and Buyer will be required to pick up the Animal in person at Pet Perfect Bengals Cattery in Sartell, Minnesota within three (3) days or this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

f. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

6.6 Delivery Ground: United States Regionally is offered on a case-by-case basis; upon availability.

a. The Breeder charges $1.00 per mile. One way mileage is calculated from address-to-address utilizing Google Maps. The maximum round trip driving distance is 800 miles.

b. An overnight room and board charge of $100.00 plus the actual cost of the hotel reservation will apply for all destinations where the roundtrip distance is in excess of 400 miles.

c. Ground delivery must be scheduled two (2) weeks prior to the requested delivery date and will incur an Animal Boarding charge as outlined in Section 7.4(a) for delivery after the no later than pickup date as outlined in Sections 1.11 or 1.12.

d. Buyer must meet Breeder at the agreed upon Delivery Address within 30 minutes of the date/time specified in the Statement of Work Addendum. Breeder charges an $85.00 per hour waiting fee, billed in 15 minute increments for any travel delay. Breeder will wait a maximum of two (2) hours before returning to the Cattery.

e. If the Animal is returned to the Cattery for any travel delay, Buyer will be required to pick up the Animal in person at Pet Perfect Bengals Cattery in Sartell, Minnesota within three (3) days or this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

f. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

6.7 All above travel options that include mileage are based on an average fuel rate of up to $3.99 per gallon. If at the time of transport request the average fuel rate is in excess of $3.99 per gallon, a fuel surcharge will apply.

a. The fuel surcharge rate is equal to 5% for each $0.50/gallon interval price over $3.99.

6.8 Travel requests not covered by Sections 6.2, 6.3, 6.4, 6.5 and 6.6 are at the sole discretion of the Breeder. Furthermore Breeder has no control over changes to FAA or airline policies, procedures or fees.

6.9 A separate invoice for the cost/fees of shipping/transporting the Animal will be sent to the Buyer within forty-eight (48) hours of the request for these services and must be paid in full prior to the shipping/delivery date as outlined below.

a. Payment for travel within the United States is due seven (7) days before the date of delivery as outlined in the Travel Addendum.

b. Payment for international travel is due within forty-eight (48) hours of receipt of the travel package invoice.

c. If the Buyer fails to make the travel payment as outlined in Sections 6.4(a) or 6.4(b), this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

6.10 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 24 hours of written demand. Buyer may elect to return the Animal to the Breeder at the Cattery location, or.

a. Breeder charges $1.00 per mile. One way mileage is calculated from address-to-address utilizing Google Maps.

b. Breeder may elect, at their sole discretion, to travel by airline, train or other transportation option for distances over 400 miles one way.

c. An overnight room and board charge of $100.00 plus the actual cost of the hotel reservation will apply for all destinations where the roundtrip distance is in excess of 400 miles.

d. Animal boarding is charged at a rate of $25.00 per day from pickup date to the date the Animal is re-homed.

e. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

6.11 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 Pet Perfect Bengals Cattery in accordance to and within the timeframe of the associated provision.

b. Missing, incomplete, or illegible paperwork and/or documentation voids any and all refunds or compensation requests.

c. All documentation submitted to Pet Perfect Bengals Cattery must be true, correct, and without falsehood. Any attempt to commit fraud (make a false statement with the intention to deceive) and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal. Furthermore Pet Perfect Bengals Cattery may turn over all documentation to the District Attorney’s Office and seek full prosecution under applicable Minnesota State law.

d. If approved by Breeder, the refund will be processed to the original payment method within ninety (90) days from the date Buyer submitted the written notification or Health Guarantee form.

6.12 Buyer acknowledges that this Contract once signed is immediately binding and may only be canceled by the Breeder as outlined in Section 1.9(b). Pet Perfect Bengals Cattery does not provide a “Cooling off Period” or any provision in which the Buyer may reconsider, change their mind, or in any way rescind this Contract.

a. Buyer acknowledges that this transaction is not subject to the requirements of 16 CFR Part 435 for internet sales as only this contract is signed electronically on Pet Perfect Bengals Cattery website with the actual transfer of ownership conducted in person by either the Breeder or the Breeder’s authorized agent.

b. Buyer further acknowledges that if they are Unwilling To Proceed with the Animal Adoption for any reason this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery and that any monies received to include the required deposit or payment in full are non-refundable. For purposes of this Agreement “UNWILLING TO PROCEED” shall be defined to mean a request to change their mind, a request to cancel, or a statement in the nature of this is a wrong decision for my family.

6.13 Buyer acknowledges that all payments made to Pet Perfect Bengals Cattery will be made through Zelle or in the form of a debit/credit card transaction processed through Stripe. Buyer further acknowledges that any dispute resulting from the adoption of the Animal will be resolved as outlined in Section 9.1. Any attempt to initiate a transaction chargeback (circumventing the resolution process) will result in breach of contract.

a. Buyer agrees and understands that credit/debit card charges processed by Pet Perfect Bengals Cattery 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 Pet Perfect Bengals Cattery would be entitled to attorney fees, costs and fees associated with addressing a chargeback in addition to the amount challenged.

b. Buyer acknowledges that if an attempt is made to initiate a chargeback, Pet Perfect Bengals Cattery will send a demand for payment letter via certified return receipt USPS mail. Should Customer not pay the amount requested in the demand for payment letter to Pet Perfect Bengals Cattery in the form of a cashier’s check within fifteen (15) days from date of receipt by USPS, Pet Perfect Bengals Cattery may initiate legal action and/or turn the charges over to a collection agency, as well as report the delinquency to Trans Union, Equifax, and Experian.

c. Pet Perfect Bengals Cattery shall have at its sole disposal any other legal remedy it independently chooses to pursue any collection against Buyer for the cost of the chargeback. Buyer further agrees that This Animal Transfer Contract and Bill of Sale is all that is necessary to establish to the credit card agency or banking institution to deny a chargeback to Buyer.

d. Buyer further acknowledges that any attempt to chargeback the Adoption Fees after Buyer has taken possession of the Animal is grand theft (exceeding a value of $1000) under Minnesota State law. Any attempt to defraud Pet Perfect Bengals Cattery by the commission of grand theft and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal. Furthermore Pet Perfect Bengals Cattery will turn over all documentation to the District Attorney’s Office and seek full prosecution under applicable Minnesota State law.

Section 7: (Records, Documents and Addendums)

7.1 The following specific documents will be included in the Animal’s Go Home Document Packet upon delivery of the Animal. Additional handouts and partner offers will be included to provide insight into raising a healthy, well-adjusted cat.

a. Transfer of Ownership Certificate, as outlined in Section 7.2

b. Medical Records Release Authorization, as outlined in Section 7.3

c. Feline Health Record

d. Sire’s Pedigree

e. Dam’s Pedigree

f. Sire’s DNA Report

g. Dam’s DNA Report

h. TICA Registration Form (Blue Slip) if Spay/Neutered

7.2 A Transfer of Ownership Certificate will be issued to Buyer at the time of Animal pickup/delivery and is valid only with Breeders signature and Cattery Embossed Seal. Buyer is required to countersign this document, as outlined in Section 7.6.

a. Pet Perfect Bengals Cattery 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 or Clause.

b. If a fee is levied for a violation or breach of contract, Buyer has seven (7) days from the receipt of written notice to submit payment to Breeder in the form of certified funds.

c. Upon revocation of this transfer by Breeder for a violation or breach of contract Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.

d. Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

7.3 A Medical Records Release Authorization and a Medical Record Monitoring Authorization will be issued to Buyer at the time of Animal pickup/delivery and is valid only with Breeders signature and Cattery Embossed Seal. Buyer is required to countersign these documents, as outlined in Section 7.6.

a. In accordance to HIPAA rules, AVMA regulations and the Laws of the State of Minnesota Breeder provides written authorization to release any and all medical and veterinarian records for the Animal to Buyer. A facsimile copy is considered to be as valid as the original.

b. Buyer acknowledges the Breeders right to monitor and review the health of the Animal. Therefore with the signing of this Contract Buyer grants Breeder unconditional access too and waives Confidentiality of Veterinary Patient Records 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.

c. As the family name assigned the Animal may be changed or be unknown to the Breeder, Breeder will identify the Animal to all Veterinarians, Clinics and/or Hospitals by Buyers Name, Animal Date of Birth and Microchip Number.

d. Failure to provide Breeder with the name, address, and contact phone number for any Veterinarians, Clinics and/or Hospitals the Animal has been seen/treated at, or any attempt to block the dissemination of or access to veterinary records shall constitute breach of contract and Buyer shall unconditionally surrender possession of Animal to Breeder, or to Breeder’s authorized agent. No refunds or compensation will be made. Once returned, Animal shall revert to Breeder’s sole ownership. Buyer is responsible for good faith and timely cooperation in completing, signing, and forwarding to Breeder all paperwork necessary for re-registration of Animal.

e.Further the Buyer is responsible for the cost of court fees, attorney costs, monetary damages, and all other costs associated with enforcing this Contract provision.

7.4 Statement of Work (SOW) Addendum:

a. Addendum {1} – Animal Boarding, as outlined in Section 2.13.

b. Addendum {2} – Domestic Travel/Shipping, as outlined in Sections 6.3, 6.4, 6.5 and 6.6.

c. Addendum {3} – International Travel, as outlined in Section 6.2(d).

d. Addendum {4} – Other Travel Package.

e. Addendum {5} – Breeder Restriction Exemption.

f. Addendum {6} – Miscellaneous.

g. Addendum {7} – Veterinary Health Certificate, charged at a rate of $250.00.

7.5 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. Buyer will receive an Invoice via email and payment shall be made through Zelle.

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 6.2 and 6.3, are due and payable as outlined in Section 6.9.

c. If the Buyer fails to make full payment for any Statement of Work as outlined Section 7.5(a) or 7.5(b), this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

7.6 Document Countersigning.

a. Buyer acknowledges that certain documents that are part of the Go Home 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; Document Listing, MN Statement of Consumer Rights, Buyer Responsibility, Transfer of ownership Certificate, Medical Records Release, Medical Records Monitoring, Health Addendum.

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. Breeder will mail (at Buyers expense) these documents and 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 Pet Perfect Bengals Cattery. No refunds or compensation will be made.

Section 8: (Contact Information)

8.1 Cattery Management:

Owner/Breeder

Kristi Laidlaw & Marysta Laidlaw

(320) 292-6743

8.2 Cattery Postal Address:

Pet Perfect Bengals Cattery

(this Address is provided in your signed contract)

8.3 Cattery Email Address:

Petperfectbengals@gmail.com

8.4 Cattery Phone Number:

(320) 292-6743

8.5 Required Documents:

a. Provisions of this Contract require Buyer to provide certain “Documents” to Pet Perfect Bengals Cattery to be in full compliance with the Terms of this Contract. These Documents may be sent/uploaded to Pet Perfect Bengals Cattery in the following approved ways only:

b. By SMS Text – to the number listed above.

c. By Postal Mail – to the street address listed above.

d. By Email – to the email address listed above (in .pdf format).

Section 9: (Miscellaneous)

9.1 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”). Breeder and Buyer mutually acknowledge and agree that this 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 this agreement 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 Minnesota. 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.

9.2 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”). Breeder and Buyer mutually acknowledge and agree that this 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 this agreement 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 Minnesota. 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.

9.3 Breeder’s Right to Injunctive Relief: Buyer acknowledges that a breach of this Contract or a breach of Buyer’s continuing obligations under Section 5 will result in immediate and irremediable damage to Breeder. Buyer acknowledges and admits that there is no adequate remedy at law for such actions and Buyer agrees that in the event of such breach 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 Breeder may be entitled under this Contract or otherwise.

9.4 Liquidated Damages: Buyer acknowledges that by reason of the time and money invested by 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 Breeder and acknowledges and agrees that the provision of liquidated damages contained in Section 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 Breeder in the event of a breach by Buyer of Buyer’s covenants contained in Section 1, which damages are otherwise too complex to determine. 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 Breeder by virtue of Buyer’s breach of their obligations under Section 1 would be impracticable or difficult to fix.

9.5 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, singular and plural, as the identity of the person 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.

9.6 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.

9.7 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.

9.8 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.

9.9 Debt, Dishonorably Failing to Pay: UCMJ Article 134, p.A2-48: §934. Art. 134. 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.

9.10 Right To Report: 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 Contract & Bill of Sale.

9.11 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.

9.12 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.

9.13 Amendment: This Contract may not be modified, supplemented or amended except by a written agreement executed by Breeder and Buyer, Changes and additions must be initialed and dated by both Parties.

9.14 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.

9.15 Binding Effect: By signing, Buyer acknowledges that he/she has read, understands, agrees to, and has received a copy of this Contract and Bill of Sale. This Contract and Bill of Sale is legally binding upon the Parties only when it has been countersigned by Breeder.

9.16 Assignable: This Contract is not transferable or assignable to any other party.

Section 1: (General Terms)

1.1 Animal Identification

a. Collar Identifier:____________________________________

b. Nickname:_________________________________________

c. Registered Name:____________________________________

d. TICA Number:_________________________________

f. Microchip Number:___________________________________

g. Birthplace:_______________________________________

h. Sire:________________________________________

i. Dam:______________________________________

j. Coat Coloring: ______________________________________

k. Coat Characteristics:

l. Gender:_______________ see section 2.4

m. Spay/Neuter:

1.2 Animal Classification

a. Date of Birth:______june 12, 2024____________________________________

b. Type:

c. Former Breeder:

1.3 Animal Transfer Details

a. Adoption Price & MN Sales Tax:__________

b. Final Payment Due:___

c. Go Home Date:_________________________________

d. Transferred As:

1.4 Animal Registration Eligibility

a. Breeder guarantees that this Animal is a Purebred Bengal Feline and is eligible for registration in TICA (The International Cat Association).

c. Breeder shall provide the appropriate TICA registration papers “BREEDER SLIPS” upon delivery of the Animal, except as outlined in Section 3.1 and 3.1(b).

b. If the animal is classified as a Junior, Adult, or Senior in Section 1.2(b), Animals must be paid in full at Contract signing.

For purposes of this Agreement “SALES TAX” shall be defined to mean the combined total rate of the state general tax rate and all applicable local tax rates (local taxes, special local taxes, and special taxes) as determined by the Minnesota Department of Revenue
All payments made to the Breeder from the Buyer are subject to Sales Tax. Sales Tax is collected at the time payments are made and is based on the rate in effect at the Final Payment Due Date, as outlined in Section 1.3(b).

g. Failure to make timely payments through Stripe or Zelle in accordance with the terms of this contract shall constitute breach of Contract.

h. No refund will be issued for breach of contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages and this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

a. This application acceptance fee is not a Kitten/Cat Deposit and does not reserve any animal. Nor does the Application Acceptance Fee count towards the required deposit as outlined in Section 1.7.

a. Household Pet: 25%

b. Established Breeder: 50%

a. The Breeder will provide a Contract termination letter to the Buyer informing them of their decision.

b. Any funds received, including the deposit, except as outlined in Section 1.9(f), will be refunded in full. Any merchant/bank fees not retained by the Breeder are exempt from refunds.

f. No refund will be issued for breach of Contract in violation of Section 1.9(d) or 1.9(e) and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

d. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

If the Buyer fails to collect the Animal, arrange for shipping/delivery, or authorize a Statement of Work for boarding as outlined in Section 1.12(a), this Contract is voided and full ownership of the Animal shall revert back to Pet Perfect Bengals Cattery.

d. No refund will be issued for breach of Contract and all monies paid by the Buyer shall be retained by the Breeder as liquidated damages.

1.14 Account Credits (User Funds):

a. Pet Perfect Bengals Cattery assigns account credits in the form of User Funds for all reimbursements as outlined in Sections 2.4 of this Contract.

c Contact Pet Perfect Bengals to review the balance and transaction history of your User Funds outlined in Section 8

1.15 Contract Provision Exclusions:

a.__________________________________________

__________________________________________