XOXO Pet Rescue, Inc.

Transcription

1 ADOPTION CONTRACT This agreement is entered into this day of 20, by and between XOXO Pet Rescue, Inc. (hereinafter called XOXO Pet Rescue ) and the following individual (hereinafter called You ). In consideration of the mutual covenants in this contract, and with intent to be legally bound by this contract, XOXO Pet Rescue and Adopter agree to the following: 1. ADOPTEE: XOXO Pet Rescue is placing the following described dog/puppy (hereinafter called Adoptee ) with you, Adopter, for adoption by you as a companion dog and family member: Name and/or description of dog/puppy: 2. XOXO Pet Rescue does not distinguish between adult dogs and puppies, or between pure breeds and mixes. This donation is immediately used to pay the ongoing costs of rescuing stray and shelter animals, including, but not limited to, food, veterinary care, kenneling costs and behavioral training. 3. SPAY / NEUTER: If Adoptee has not been sterilized prior to this adoption, you agree to enter into a Spay/Neuter Agreement with XOXO Pet Rescue to have Adoptee spayed or neutered in accordance with the Spay/Neuter Agreement. The Spay/Neuter Agreement stipulates that Adoptees be sterilized no later than at 6 months of age if Adoptee is a puppy and no later than 30 days after the day of adoption if Adoptee is older than 5 months of age. 4. CARE OF ADOPTEE: You agree that Adoptee is being adopted as a family member and will be given extensive house privileges (i.e. be allowed to sleep inside the house, be allowed freedom of the house when the family is home, etc.) and will NOT be restricted to the yard at any time. You agree to provide Adoptee with fresh water, wholesome dog food, adequate outdoor exercise, affection and shelter. You also agree that Adoptee will not be used as a guard animal or for any purpose other than as a companion and friend to you and your family. 1

2 5. VETERINARY CARE: You agree Adoptee will be examined by your licensed veterinarian no later than 10 days after adoption and will be provided with medical treatment as needed. You agree to keep all vaccinations current, including but not limited to those inoculating against rabies, distemper, parvovirus, and Bordetella. You will ensure that Adoptee receives preventative medication to protect against heartworm. You agree to provide the best available care to Adoptee in a timely manner. 6. You understand that XOXO Pet Rescue does not test for serious illnesses such as parvovirus and heartworm before adopting out dogs or puppies. Any medical problems that Adoptee may exhibit after adoption, including but not limited to serious illnesses requiring emergency care or surgery, are not the responsibility of XOXO Pet Rescue. You will be responsible for all financial costs associated with treating these medical issues. 7. SAFE ENVIRONMENT: Where applicable, you will provide a secure fenced yard with ample room for outdoor exercise. If the fencing needs repair or modification in order to ensure the safety and wellbeing of Adoptee, you agree to make any necessary repairs prior to allowing Adoptee access to the yard. You agree to maintain the security of the fencing in the future to further secure Adoptee. 8. You understand that workmen (i.e. gardeners, contractors, utility workers, pool men, etc.) are not responsible for the safety of Adoptee, and therefore Adoptee must be kept indoors when workmen have access to the yard. This is for the safety of Adoptee and well as strangers who may come in contact with Adoptee. You understand that because many dogs are sensitive to loud noises, you agree to keep Adoptee indoors or in a safe, secure environment on holidays such as July 4 th and New Year s Eve. 9. IDENTIFICATION: You agree that Adoptee will always wear an identification tag with two current telephone numbers. 10. LEASH & COLLAR: You will walk Adoptee on a lease when on public streets, or in parks and other unfenced areas. You will never allow Adoptee to roam free unsupervised. Adoptee will be walked using an appropriate collar or harness. You understand that the identification tag is not a secure point of attachment and will therefore not walk Adoptee with the leash attached to the identification tag. 2

3 11. Adoptee will never be tied up on your property or elsewhere. You understand that restraining a dog by tying it to a fixed post or wire run is unsafe and may result in Adoptee being stolen, behaving unpredictably, or strangling himself or herself to death. You will not leave Adoptee crated or otherwise confined for extended periods of time. 12. TRANSPORTATION: Adoptee will be properly restrained, preferably using either a secured crate or seat harness, when transported in any vehicle. Adoptee will never be transported in the back of an open vehicle or pickup truck. Adoptee will not be allowed to ride with his or her head outside the window of a moving vehicle. 13. LOST DOG: You agree to make an immediate and serious effort to find Adoptee if he or she becomes lost. This effort will include: a) filing lost reports with local police, animal control authorities, animal shelters, SPCAs, veterinarians, and pet stores; b) posting lost dog signs; c) placing lost dog ads in the local paper and (if possible) online; d) contacting us for additional support and advice. Furthermore, you understand that if the loss was the result of negligence or failure to comply with the covenants of this agreement, XOXO Pet Rescue reserves the right to not return Adoptee to you and instead place Adoptee into a new home. 14. NO RIGHT TO TRANSFER: If at any time in the future you cannot continue to provide proper care for Adoptee, you will not abandon, give, or sell Adoptee to another person, company, organization, medical research organization, pound, or animal shelter. You agree to do one or all of the following: a. Obtain approval from XOXO Pet Rescue to transfer the ownership of Adoptee to a friend or relative. XOXO Pet Rescue must approve the new adopter. The new adopter will be required to sign an agreement similar to this one. b. Continue to board Adoptee for an agreed-upon time, allowing XOXO Pet Rescue to actively seek a new home for Adoptee. Once a new home is found, you will relinquish Adoptee to XOXO Pet Rescue. 3

4 15. EUTHANASIA: You agree that you may not euthanize Adoptee except in the case of Adoptee s terminal illness, mortal wounds, or advanced age accompanied by pain and suffering. If Adoptee must be euthanized, the procedure must be performed by a licensed veterinarian. 16. CHANGE OF CONTACT INFORMATION: You will notify XOXO Pet Rescue of all changes of address or telephone within 30 days of the change. 17. ESTATE PROVISIONS: You agree to provide for the care of Adoptee in your will or estate, if by no other means than specifying in writing that Adoptee is to be returned to XOXO Pet Rescue in the event of your death. 18. FOLLOW-UP CONTACT: You understand and agree that XOXO Pet Rescue is fully entitled to make follow-up visits or phone calls to verify that all of the covenants and clauses of this agreement are being satisfied. You are obligated to cooperate with XOXO Pet Rescue. 19. RIGHT TO RECLAIM: You understand and agree that XOXO Pet Rescue reserves the right to reclaim Adoptee if any of the above conditions are not met to the satisfaction of XOXO Pet Rescue. You further understand and agree that any expenses incurred by XOXO Pet Rescue in exercising its rights under this provision will be paid by you in addition to any liquidated damages required by other provisions of this agreement. 20. NO WARRANTY: XOXO Pet Rescue does not make any warranty as to the temperament, physical condition, age, breed, or health condition of Adoptee. Adoptee is being adopted as is. 21. REFUNDS: You understand and agree that no refund will be given. 22. RELEASE & INDEMNIFICATION / NO LIABILITY: You hereby release XOXO Pet Rescue from any and all liability for personal injury, property damage, legal fees, veterinary care, or any other expense or liability incurred by you as a result of this adoption. You agree to indemnify XOXO Pet Rescue from any and all such claims and to pay, without limitation, any costs related to such injury, damage, or liability, including in the case of litigation any attorney s fees incurred by XOXO Pet Rescue in its defense. 4

5 23. SPECIAL DISCLAIMER: All warranties with regard to Adoptee, including any implied warranty of merchantability and fitness for a particular purpose, where they are applicable, are hereby specifically disclaimed. 24. BREACH OF AGREEMENT / LIQUIDATED DAMAGES: In the event that you do not comply with the terms of this agreement, or in the event Adoptee is abused or neglected, XOXO Pet Rescue holds the right to recover Adoptee from you upon demand, and Adoptee will be surrendered to XOXO Pet Rescue immediately. In addition, if you do not surrender Adoptee to XOXO Pet Rescue, XOXO Pet Rescue will still retain all of its rights under this agreement and you will owe XOXO Pet Rescue a payment in the amount of $2,500. You and XOXO Pet Rescue both agree that this $2,500 payment is just compensation for the costs and expenses in connection with your breach of this agreement, and that XOXO Pet Rescue reserves its rights to reacquire Adoptee. 25. ENTIRE AGREEMENT / MODIFICATION / BINDING EFFECT: This agreement is the entire agreement between you and XOXO Pet Rescue, and it supersedes any prior understandings between you and XOXO Pet Rescue with respect to the subject matter of this agreement. No modification of this agreement will be valid unless in writing and duly signed by both parties. This agreement is binding upon you, your heirs, assigns, personal representatives, and executors. 26. By signing this document, you are swearing that you have never been convicted of animal cruelty or neglect, and that no one residing at your residence, whether residing permanently or temporarily, has been convicted of animal cruelty or neglect. Name of Adopter: Signature of Adopter: Name of XOXO Pet Rescue, Inc. Representative: Signature of XOXO Pet Rescue, Inc. Representative: 5

6 XOXO PET RESCUE, INC. CONTACT INFORMATION Keri Penland, President (757)