Post by jenipurr on Sept 27, 2006 15:07:05 GMT -5
I figure that this is a great place to submit our current Adoption Contract text so that y'all can review it and see if there is anything missing that you might add.
This contract is stolen from many different sources, some of it written by me, but I think we're real close to final.
This is our DOG contract - the cat one is very different and still in the works....
(note: we stole some legal jargon from some other contracts because we discovered - after losing a reclamation case in court - that MOST rescue adoption contracts are not binding)
Well, here is our contract:
This is an Agreement entered into by _______________________________________________ (hereinafter referred to as "Adopter") and Foreverhome Pet Rescue, Inc. (hereinafter referred to as "FHPR").
As the Adoptive Parent(s) of the below-described pet, I/we agree to the following terms and conditions:
1) TRANSFER OF OWNERSHIP/RELOCATION I agree that I will not give away or sell this Dog to any animal control facility, medical laboratory, shelter, pound or to any other person, company or organization. I may not transfer this Dog to another party without FHPR's approval. If for any reason I am unable to keep this Dog and/or provide a proper home, I will return the pet to FHPR. If I move, I will make sure that my pets are allowed in my new home, and I agree to provide FHPR with my new address and telephone number.
2) ABUSE I agree that the below listed Dog will never be hit, mistreated or abused in any manner. The Adopter represents that he/she has never been subject to legal action for cruelty or neglect of animals. The Adopter further represents that he/she has never owned an animal which has been confiscated by any animal control or humane organization for violations of state or local animal control regulations or animal Adoption Agreements or Contracts.
3) CARE AND HANDLING I promise to treat this Dog with love and kindness and to provide this Dog with proper food, clean water, adequate shelter and prompt veterinary treatment should it become ill or injured. I will continue to vaccinate this Dog as recommended by the FHPR representative. This Dog is being adopted as a member of the family, and as such will NOT be restricted primarily to the yard and will sleep inside the house at night. This Dog will not be kept outdoors during the Adopter's working hours, or at any other time left alone outdoors while the Adopter is not at home. I will not feed this Dog chicken or turkey bones or provide it with toys that have small pieces that can be chewed off and ingested. I agree to use only veterinarian supplied flea/tick medication on this Dog. I will not euthanize this Dog unless his/her health is beyond reasonable medical assistance. I will not leave a harness or choke chain on this Dog when he/she is alone. I will not let this Dog run free. When outdoors this Dog will either be kept in a secure fenced yard or kennel run, or on a leash when in an open/public area. I will not chain or tie up this Dog to secure him/her at any time. This Dog will not ride in the back of a pickup truck under any circumstances, including in a cage/kennel or tied. I will not leave this Dog unattended in any vehicle at any time.
4) IDENTIFICATION AND NOTIFICATION. I will provide this Dog with a collar and ID tag legibly engraved with my contact information to be worn at all times. I agree to keep the provided FHPR ID tag on this Dog at all times and will contact FHPR for a duplicate tag should the one provided become lost or damaged. If at any time during it's life this Dog becomes lost, I will IMMEDIATELY notify FHPR. Failure to notify FHPR immediately will result in reclamation of the dog, pursuant to paragraph 10 below.
5) MEDICAL AND OTHER EXPENSES. I understand that medical care for a pet can be costly, especially as this Dog ages. I agree to make adequate and reasonable efforts to attend to this Dog's medical needs, and I will not euthanize this Dog just because I do not want to incur the medical expense. I understand that pets - especially puppies - can cause expensive damage to carpets, furniture and other personal belongings and I agree to attempt to work with my pet and train him/her to avoid such undesirable behavior. I assume full responsibility for this Dog's actions once it is Adopted by me, and FHPR is not liable for any damage to property or person that may occur after the adoption takes place.
6) MONITORING AND INTRODUCTIONS. I promise to follow the instructions given to me by the FHPR representative regarding how to introduce this Dog to a new household and/or another pet. I have received and intend to read my take-home package of information regarding pet care. I understand that it is my responsibility to carefully monitor this Dog's eating/drinking habits and that I must immediately take this Dog to my veterinarian should it stop eating or if it's behavior changes in such a way that may indicate a health problem. I understand that pets may act dramatically different under stressful circumstances (such as storms, fireworks, strangers, other dogs) and can be unpredictable. No dog should ever be left alone with a child.
7) UNDERSTANDING OF COMMITMENT. I have not falsified any information on the adoption application. I do not live in a "No Pets Allowed" building. I fully understand that I am making a very serious commitment to keep this Dog for the rest of its life, which may be as long as 20 years or more. In the event that my beloved pet becomes incurably ill and may be caused any suffering, I hereby promise to show compassion and have my own veterinarian put it to sleep by painless injection. I understand that the Dog I am adopting is a rescued animal; it's age, breed, temperament and/or health cannot be and are not guaranteed by FHPR.
8) REFUNDS/RETURNS. I may return this pet in the same condition to FHPR within 7 days of the adoption and receive a full refund of my adoption fee. After 7 days, I may return the pet at any time, but I understand that my donation is non-refundable and will help FHPR continue its rescue work. FHPR does not permit "exchanges" of one pet for another. There are no refunds for puppies under 1 year of age.
9) RELEASE OF LIABILITY, INDEMNIFICATION AND HOLD HARMLESS PROVISION. Adopter agrees to release and hold harmless FHPR (and it's agents, members and volunteers), concurrently and severally, from any and all liability for any injury, death or damage, directly or indirectly caused by the Dog. Adopter does hereby release FHPR from any and all liability, claims, suits, demands, or causes of action which may arise out out of or be brought against FHPR (and it's agents, members and volunteers) by virtue of the release of this Dog to Adopter. It is the expressed intention of Adopter, FHPR (and it's agents, members and volunteers) that the release provided for in this paragraph is designed to protect FHPR (and it's agents, members and volunteers) from the consequences of any attack, behavior or other action by the Dog, and from the consequences of any act or omission or negligence on the part of FHPR (and it's agents, members and volunteers) in obtaining custody of the dog, in providing care for the dog, or in failing to provide timely or adequate warning to any person concerning the dog.
10. RECLAIMING THIS PET. FHPR has rescued this dog for its lifetime and reserves the right to follow-up this adoption with telephone calls, emails, and/or home visits concerning its welfare. FHPR reserves the right to reclaim this pet should any of its agents or volunteers discover that any information submitted on the Adoption Application is false. We further reserve the right to reclaim this pet due to breach of any part of this contract - including the reclamation of this pet should it ever be found running loose in the streets by a member of the public or a representative of an animal control facility. I understand that FHPR may make unannounced visits to my home to check the security of my yard, my pet's living conditions, and assess my pet's overall health and well-being. Should the conditions be found unsatisfactory or if for any reason the pet's well-being is suspect, FHPR reserves the right to reclaim the pet at once and Adopter will surrender the Dog on demand and make no further claims against FHPR.
11. MICROCHIPPING (If the pet I have adopted is microchipped) I understand that at my request, FHPR will pay the fee to change the registration information on the microchip to reflect my contact information as the Secondary Contact. I further understand that it is the FHPR policy that the organization remain the Primary Contact on the microchip registration for the lifetime of the pet.
12. ALTERATION I will not surgically alter this dog in any way (including, but not limited to: de-barking, ear cropping, tail docking) unless it is recommended to me by a licensed veterinarian as a means of ending or preventing any physical pain and/or suffering the Dog may endure.
13. SUPPLEMENTAL DISCLOSURE (If provided) I have read and understand the Supplemental Disclosure provided with this adoption contract and I have provided a signed copy of the Disclosure to FHPR and will keep a copy for my records. The Disclosure attached is only meant as a guide and Adopter agrees that FHPR makes no explicit or implicit guarantees in reference to the health and/or temperament of the Dog. The Dog is adopted "as is" and the adopter assumes all responsibility for any and all existing conditions, or any other conditions of physical or temperament changes that may occur.
14. BREACH OF CONTRACT I agree that the breach by Adopter of this Agreement would damage FHPR in a way that could not be adequately compensated by monetary damages. The parties therefore agree that the breach or threatened breach by Adopter of this Agreement may appropriately be restrained by an injunctive order for Adopter to return Dog to FHPR, granted by a court of appropriate jurisdiction. Adopter further agrees that the actual damages that might be sustained by FHPR by reason of the breach by Adopter of this Agreement are uncertain and would be difficult of ascertainment, and that, in addition to the injunctive relief agreed to above, the sum of $1000 would be reasonable compensation for such monetary damages and attorney's fees. Adopter hereby promises to pay, and FHPR hereby agrees to accept, such sum as liquidated damages, and not as a penalty, in the event of such breach.
15. LIFETIME CONTRACT The Adopter agrees that this Adoption Contract remains in effect in it's entirety for the lifetime of the Dog.
I understand that once I take possession of this animal, it’s medical care becomes my sole responsibility. If this pet becomes ill within the first two weeks of adoption, I will contact FHPR to arrange for any available medication and/or veterinary care and/or advice.
I understand that FHPR cannot reimburse me for expenses I incur - medical or otherwise - after the adoption takes place.
I acknowledge that I have read, completely understand and agree to each and every term in this Adoption Agreement before signing it and have received and will retain a copy for my records:
This contract is stolen from many different sources, some of it written by me, but I think we're real close to final.
This is our DOG contract - the cat one is very different and still in the works....
(note: we stole some legal jargon from some other contracts because we discovered - after losing a reclamation case in court - that MOST rescue adoption contracts are not binding)
Well, here is our contract:
This is an Agreement entered into by _______________________________________________ (hereinafter referred to as "Adopter") and Foreverhome Pet Rescue, Inc. (hereinafter referred to as "FHPR").
As the Adoptive Parent(s) of the below-described pet, I/we agree to the following terms and conditions:
1) TRANSFER OF OWNERSHIP/RELOCATION I agree that I will not give away or sell this Dog to any animal control facility, medical laboratory, shelter, pound or to any other person, company or organization. I may not transfer this Dog to another party without FHPR's approval. If for any reason I am unable to keep this Dog and/or provide a proper home, I will return the pet to FHPR. If I move, I will make sure that my pets are allowed in my new home, and I agree to provide FHPR with my new address and telephone number.
2) ABUSE I agree that the below listed Dog will never be hit, mistreated or abused in any manner. The Adopter represents that he/she has never been subject to legal action for cruelty or neglect of animals. The Adopter further represents that he/she has never owned an animal which has been confiscated by any animal control or humane organization for violations of state or local animal control regulations or animal Adoption Agreements or Contracts.
3) CARE AND HANDLING I promise to treat this Dog with love and kindness and to provide this Dog with proper food, clean water, adequate shelter and prompt veterinary treatment should it become ill or injured. I will continue to vaccinate this Dog as recommended by the FHPR representative. This Dog is being adopted as a member of the family, and as such will NOT be restricted primarily to the yard and will sleep inside the house at night. This Dog will not be kept outdoors during the Adopter's working hours, or at any other time left alone outdoors while the Adopter is not at home. I will not feed this Dog chicken or turkey bones or provide it with toys that have small pieces that can be chewed off and ingested. I agree to use only veterinarian supplied flea/tick medication on this Dog. I will not euthanize this Dog unless his/her health is beyond reasonable medical assistance. I will not leave a harness or choke chain on this Dog when he/she is alone. I will not let this Dog run free. When outdoors this Dog will either be kept in a secure fenced yard or kennel run, or on a leash when in an open/public area. I will not chain or tie up this Dog to secure him/her at any time. This Dog will not ride in the back of a pickup truck under any circumstances, including in a cage/kennel or tied. I will not leave this Dog unattended in any vehicle at any time.
4) IDENTIFICATION AND NOTIFICATION. I will provide this Dog with a collar and ID tag legibly engraved with my contact information to be worn at all times. I agree to keep the provided FHPR ID tag on this Dog at all times and will contact FHPR for a duplicate tag should the one provided become lost or damaged. If at any time during it's life this Dog becomes lost, I will IMMEDIATELY notify FHPR. Failure to notify FHPR immediately will result in reclamation of the dog, pursuant to paragraph 10 below.
5) MEDICAL AND OTHER EXPENSES. I understand that medical care for a pet can be costly, especially as this Dog ages. I agree to make adequate and reasonable efforts to attend to this Dog's medical needs, and I will not euthanize this Dog just because I do not want to incur the medical expense. I understand that pets - especially puppies - can cause expensive damage to carpets, furniture and other personal belongings and I agree to attempt to work with my pet and train him/her to avoid such undesirable behavior. I assume full responsibility for this Dog's actions once it is Adopted by me, and FHPR is not liable for any damage to property or person that may occur after the adoption takes place.
6) MONITORING AND INTRODUCTIONS. I promise to follow the instructions given to me by the FHPR representative regarding how to introduce this Dog to a new household and/or another pet. I have received and intend to read my take-home package of information regarding pet care. I understand that it is my responsibility to carefully monitor this Dog's eating/drinking habits and that I must immediately take this Dog to my veterinarian should it stop eating or if it's behavior changes in such a way that may indicate a health problem. I understand that pets may act dramatically different under stressful circumstances (such as storms, fireworks, strangers, other dogs) and can be unpredictable. No dog should ever be left alone with a child.
7) UNDERSTANDING OF COMMITMENT. I have not falsified any information on the adoption application. I do not live in a "No Pets Allowed" building. I fully understand that I am making a very serious commitment to keep this Dog for the rest of its life, which may be as long as 20 years or more. In the event that my beloved pet becomes incurably ill and may be caused any suffering, I hereby promise to show compassion and have my own veterinarian put it to sleep by painless injection. I understand that the Dog I am adopting is a rescued animal; it's age, breed, temperament and/or health cannot be and are not guaranteed by FHPR.
8) REFUNDS/RETURNS. I may return this pet in the same condition to FHPR within 7 days of the adoption and receive a full refund of my adoption fee. After 7 days, I may return the pet at any time, but I understand that my donation is non-refundable and will help FHPR continue its rescue work. FHPR does not permit "exchanges" of one pet for another. There are no refunds for puppies under 1 year of age.
9) RELEASE OF LIABILITY, INDEMNIFICATION AND HOLD HARMLESS PROVISION. Adopter agrees to release and hold harmless FHPR (and it's agents, members and volunteers), concurrently and severally, from any and all liability for any injury, death or damage, directly or indirectly caused by the Dog. Adopter does hereby release FHPR from any and all liability, claims, suits, demands, or causes of action which may arise out out of or be brought against FHPR (and it's agents, members and volunteers) by virtue of the release of this Dog to Adopter. It is the expressed intention of Adopter, FHPR (and it's agents, members and volunteers) that the release provided for in this paragraph is designed to protect FHPR (and it's agents, members and volunteers) from the consequences of any attack, behavior or other action by the Dog, and from the consequences of any act or omission or negligence on the part of FHPR (and it's agents, members and volunteers) in obtaining custody of the dog, in providing care for the dog, or in failing to provide timely or adequate warning to any person concerning the dog.
10. RECLAIMING THIS PET. FHPR has rescued this dog for its lifetime and reserves the right to follow-up this adoption with telephone calls, emails, and/or home visits concerning its welfare. FHPR reserves the right to reclaim this pet should any of its agents or volunteers discover that any information submitted on the Adoption Application is false. We further reserve the right to reclaim this pet due to breach of any part of this contract - including the reclamation of this pet should it ever be found running loose in the streets by a member of the public or a representative of an animal control facility. I understand that FHPR may make unannounced visits to my home to check the security of my yard, my pet's living conditions, and assess my pet's overall health and well-being. Should the conditions be found unsatisfactory or if for any reason the pet's well-being is suspect, FHPR reserves the right to reclaim the pet at once and Adopter will surrender the Dog on demand and make no further claims against FHPR.
11. MICROCHIPPING (If the pet I have adopted is microchipped) I understand that at my request, FHPR will pay the fee to change the registration information on the microchip to reflect my contact information as the Secondary Contact. I further understand that it is the FHPR policy that the organization remain the Primary Contact on the microchip registration for the lifetime of the pet.
12. ALTERATION I will not surgically alter this dog in any way (including, but not limited to: de-barking, ear cropping, tail docking) unless it is recommended to me by a licensed veterinarian as a means of ending or preventing any physical pain and/or suffering the Dog may endure.
13. SUPPLEMENTAL DISCLOSURE (If provided) I have read and understand the Supplemental Disclosure provided with this adoption contract and I have provided a signed copy of the Disclosure to FHPR and will keep a copy for my records. The Disclosure attached is only meant as a guide and Adopter agrees that FHPR makes no explicit or implicit guarantees in reference to the health and/or temperament of the Dog. The Dog is adopted "as is" and the adopter assumes all responsibility for any and all existing conditions, or any other conditions of physical or temperament changes that may occur.
14. BREACH OF CONTRACT I agree that the breach by Adopter of this Agreement would damage FHPR in a way that could not be adequately compensated by monetary damages. The parties therefore agree that the breach or threatened breach by Adopter of this Agreement may appropriately be restrained by an injunctive order for Adopter to return Dog to FHPR, granted by a court of appropriate jurisdiction. Adopter further agrees that the actual damages that might be sustained by FHPR by reason of the breach by Adopter of this Agreement are uncertain and would be difficult of ascertainment, and that, in addition to the injunctive relief agreed to above, the sum of $1000 would be reasonable compensation for such monetary damages and attorney's fees. Adopter hereby promises to pay, and FHPR hereby agrees to accept, such sum as liquidated damages, and not as a penalty, in the event of such breach.
15. LIFETIME CONTRACT The Adopter agrees that this Adoption Contract remains in effect in it's entirety for the lifetime of the Dog.
I understand that once I take possession of this animal, it’s medical care becomes my sole responsibility. If this pet becomes ill within the first two weeks of adoption, I will contact FHPR to arrange for any available medication and/or veterinary care and/or advice.
I understand that FHPR cannot reimburse me for expenses I incur - medical or otherwise - after the adoption takes place.
I acknowledge that I have read, completely understand and agree to each and every term in this Adoption Agreement before signing it and have received and will retain a copy for my records: