Providing for and protecting our golden retrievers

In accordance with Nebraska pet protection act, puppies are transferred with a written health guarantee. One year for pets, two years with full registration.

"Dog and Cat Purchase Protection Act"

54-644 Act, how cited.

Sections 54-644 to 54-650 shall be known and may be cited as the Dog and Cat Purchase Protection Act.

Source Laws 2009, LB241, §11.January 1, 2010

54-645 Terms, defined.

For purposes of the Dog and Cat Purchase Protection Act:

(1) Casual breeder means any person, other than a commercial breeder as defined ni section 54-626, who offers for sale, sells, trades, or receives consideration for one or more pet animals from a litter produced by a female dog or cat owned by such casual breeder;

(2) Clinical symptom means indication of an illness or dysfunction that is apparent to a veterinarian based on the veterinarian's observation, examination; or testing of an animal or on a review of the animal's medical records;

(3) Health certificate means the official small animal certificate of veterinary inspection of the Bureau of Animal Industry of the Department of Agriculture;

(4) Pet animal means a dog, wholly or ni part of the species Canis familiaris, or a cat, wholly or in part of the species Felis domesticus, that is under fifteen months of age;

(5) Purchaser means the final owner of a pet animal purchased from a seller. Purchaser does not include a person who purchases a pet animal for resale;

(6) Seller means a casual breeder or any commercial establishment, including a commercial breeder, dealer, or pet shop as such terms are defined ni section 54- 626, that engages in a business of selling pet animals to a purchaser. A seller does

not include an animal control facility o r animal shelter as defined in section 54-626 or any animal adoption activity that an animal control facility or animal shelter conducts offsite at any pet store or other commercial establishment; and

(7(a) Serious health problem means a congenital or hereditary defect or contagious disease that causes severe illness or death of the pet animal.

(b) Serious health problem does not include i ) parvovirus fi the diagnosis of parvovirus is made after the seven-business-day requirement in subsection (1) of section 54-647 or (ii) any other contagious disease that causes severe illness or death after ten calendar days after delivery of the pet animal to the purchaser.

Source Laws 2009; LB241, § 12.January 1, 2010

54-646 Seller; written disclosure statement; contents; receipt; notice of purchaser's rights and responsibilities; health certificate; retention of records. (1) A seller shall deliver to the purchaser at the time of sale of a pet animal a written disclosure statement containing the following information regarding the pet ánimal:

 (a) The name, address, and license number of any commercial breeder or dealer as such terms are defined ni section 54-626 or, if applicable, the United States Department of Agriculture license number of the breeder or any broker who has had possession of the animal prior to the seller's possession;

(b) The date of the pet animal's birth, fi known, the state in which the pet animal was born, fi known, and the date the seller received the pet animal;

(c) The sex and color of the pet animal; any other identifying marks apparent upon the pet animal, and the breed of the pet animal, if known, or a statement that the breed of the pet animal is unknown or the pet animal is of mixed breed;

(d) The pet animal's individual identifying tag, tattoo, microchip number; or collar number;

(e) The names and registration numbers of the sire and dam and the litter number, if applicable and if known;

(f) Arecord of any vaccination, worming treatment, or medication administered to the pet animal while in the possession of the seller and, if known, any such vaccination, treatment, or medication administered to the pet animal prior to the date the seller received the pet animal; and

(g) The date or dates of any examination of the pet animal by a licensed veterinarian while ni the possession of the seller.

(2) The seller may include any of the following with hte writen disclosure statement required by subsection (1) of this section:

(a) A statement that a veterinarian examined the pet animal and, at the time of the examination, the pet animal had no apparent or clinical symptoms of a serious health problem that would adversely affect the health of the pet animal at the time of sale or that is likely to adversely affect the health of the pet animal in the future; and

(b) A record of any serious health problem that adversely affects the pet animal at the time of sale or that is likely to adversely affect the health of the pet animal in the future.

(3) The written disclosure statement made pursuant to this section shall be signed by the seller certitying the accuracy of the written disclosure statement and by the purchaser acknowledging receipt of t h e written disclosure statement. In addition to information required to be given to a purchaser under this section, at the time of sale the seller shall provide the purchaser with written notice of the existence of the purchaser's rights and responsibilities under the Dog and Cat Purchase Protection Act or a legible copy of the act.

(4) If the pet animal is sold t o a purchaser who resides outside of the state or intends that the pet animal will be relocated or permanently domiciled outside of the state, the seller shall provide the purchaser with a health certificate signed by a licensed veterinarian who has examined the pet animal and is authorized to certify such certificate.

 (5) The seller shall maintain a copy of any written disclosure statements made and any other records on the health, status, or disposition of each pet animal for at least one year after the date of sale to a purchaser.

Source Laws 2009, LB241, § 13.January 1, 2010

54-647 Recourse to remedies; purchaser; duties; notice to seller; remedies.

(1) In order to have recourse to the remedies available to purchasers under this section, a purchaser shall have the pet animal examined by a licensed veterinarian within seven business days after delivery of the pet animal to the purchaser. The pet animal shall be declared unfit for sale and the purchaser may obtain one of the remedies listed in subsection (2) or (3) of this section if (a) during such examination, the veterinarian diagnoses the pet animal with a serious health problem that the veterinarian believes existed at the time o f delivery o f the pet animal to the purchaser or (b) within fifteen months after the date of birth of the

pet animal, a veterinarian diagnoses the pet animal with a serious health problem or states in writing that the pet animal has died from a serious health problem that the veterinarian believes existed at the time of delivery of the pet animal to the purchaser.

(2) If a pet animal is diagnosed with a serious health problem under subsection (1) of this section, the purchaser shall notify the seller within two business days after the diagnosis and provide the seller with the name and telephone number of the veterinarian or a copy of the veterinarian's report. After such notification, the purchaser may obtain one of the following remedies from the seller:

(a) A refund of the full purchase price of the pet animal upon return of such pet animal to the seller;

(b) An exchange for a pet animal of the purchaser's choice of equivalent value, if such pet animal is available, upon return of the pet animal, if alive, to the seller; or (c) Reimbursement for reasonable veterinary fees, not to exceed the full purchase price of the pet animal.

(3) If a pet animal dies from a serious health problem as determined under subsection (1) of this section, the purchaser shall notify the seller within two business days after receipt of the written statement of the veterinarian by the purchaser and shall provide the seller with a copy of such written statement. After receipt of the written statement by the seller, the purchaser may obtain one of the following remedies from the seller:

(a) A refund of the full purchase price of the pet animal; or

(b) A pet animal of the purchaser's choice of equivalent value, fi such pet animal is available, and reimbursement for reasonable veterinary fees not to exceed one-half of the full purchase price of the pet animal.

(4) For purposes of this section, veterinary fees shall be deemed reasonable if the service is appropriate for the diagnosis and treatment of the serious health problem

 and the cost of the service is comparable to similar services provided by licensed veterinarians in close proximity to the treating veterinarian.

Source Laws 2009, LB241, § 14.January 1, 2010

54-648 Denial of refund, reimbursement of fees, or replacement; conditions.

No refund or reimbursement of fees or replacement of a pet animal under section 54-647 shall be required fi one or more of the following conditions exist:

(1) The serious health problem or death of the pet animal resulted from maltreatment, neglect, or injury occurring after delivery of the pet animal to the purchaser;

(2) Any written disclosure statements provided by a seller pursuant to subsection: (2) of section 54-646 disclosed the serious health problem for which the purchaser is seeking a remedy; or

(3) The purchaser failed to follow through with preventative care, including, but not limited to, vaccinations, deworming treatment, or medication, recommended by a licensed veterinarian examining the pet animal.

Source: Laws 2009, LB241, § 15.January 1, 2010

54-649 Purchaser; file action; seller's rights; limit of recovery.

(1) If a seller does not comply with a demand for remedy by a purchaser under section 54-647, the purchaser may file an action in a court of competent jurisdiction.

(2) If a seller contests a demand for remedy by a purchaser under section 54-647; the seller may require the purchaser to produce the pet animal for examination or autopsy by a licensed veterinarian designated by the seller. The seller shall pay for all costs associated with such examination or autopsy. The seller shall have a right of recovery against the purchaser fi the seller is not obligated to provide the remedy sought.

(3) The prevailing party in a proceeding under this section shall be limited to a recovery of actual costs and no more than five hundred dollars in reasonable attorney's fees.

Source Laws 2009, LB241, § 16.January 1, 2010

54-650 Other rights and remedies not limited; act; how construed.

Nothing in the Dog and Cat Purchase Protection Act shall limit any rights and remedies otherwise available under the laws of this state.

Any agreement or contract entered into by a seller and a purchaser waiving any rights under the act is void. Nothing in the Dog and Cat Purchase Protection Act shall be construed to limit a seller to offering only those warranties, express or implied, required by the act.

Laws 2009, LB241, § 17.January 1, 2010

We offer training, tailored to your needs and lifestyle. Rate at additional cost of $65.00 per day beyond 8 weeks of age. Daily rate includes; crate training, leash training, basic obedience, and one hour minimum of individual training. Payment in full is required prior to start of training. Recommendation of one month for house training. Will be billed weekly and must be paid in full prior to transfer. 

ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM

 I _______________________________________ HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AS A VOLUNTEER IN ANY ACTIVITY THAT I CHOOSE TO PARTICIPATE IN AND FOR ANY/ALL ACTIVITIES ASSOCIATED WITH MY VOLUNTARY VISIT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment, animals or property owned, maintained, or controlled by them, or because of their possible liability without fault.

I acknowledge that this Accident Waiver and Release of Liability Form will be used by Golden Standard LLC in the State of Nebraska for any activity in which I may participate, and that it will govern my actions and responsibilities at said activity.

In consideration of my application and allowing me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Golden Standard LLC, and or Chapin Hay Manor in the State of Nebraska and all of its agencies, administrators, officers, directors and all of its employees, not otherwise named.

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE Golden Standard LLC or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this volunteer activity, whether caused by the negligence of release or otherwise.

(C) I RELEASE ANY CLAIM, while volunteering to participate and enter because such choice to volunteer is completely my choice and I acknowledge that it is not expected of me nor was I pressured in any way to decide to volunteer by Golden Standard LLC. My decision to volunteer was made freely, knowingly and voluntarily.

I acknowledge that Golden Standard LLC and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

I acknowledge that this volunteer activity may involve risks that include, but are not limited to, those caused by facilities, weather, condition of participants, equipment, animals, and actions of other people including, but not limited to, participants, volunteers, staff, and/or producers.  

I understand while participating in this activity, I may be photographed. I agree to allow my photo, audio, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

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