Appendix 8 Characteristic Rescue Adoption Contract

• Library: Pet Law & Custody: Establishing a Worthy & Equitable Jurisprudence for the Evolving Family (ABA) (2017 Ed.)

Appendix 8 Characteristic Rescue Adoption Contract

While two parties may believe that an ownership dispute is only between them, a third party, such as a rescue group, might assert an interest in the companion animal, too. A good rule of thumb is that if the contract terms suggest that the rescue still has continuing ownership rights, the rescue might, and they could have liability exposure, too. Also, beware that for title of an animal to pass, the statutory hold period must be satisfied by the correct legal entity.

Below is an illustrative example of a rescue contract.¹ The rescue may view the transfer of ownership by the adopter to another party, such as a spouse, a significant other, or a relative, to be a material breach, and they may take action to have the subject animal returned.²

ADOPTION CONTRACT

Rescue Information

__________is a non-profit organization³ incorporated under the laws of the State of___

Address:__________

Phone:__________

Email:__________hereinafter "Rescue"

Adopter Information

Name:__________

Address:__________

Phone:__________

Email:__________hereinafter "Adopter"

Companion Animal Information

Name:__________hereinafter "Animal"

Rescue ID:__________

Gender:__________

DOB or Approximate Age:__________

Right Body Markings:__________

Left Body Markings:__________

Coloring:__________

Microchip Number:__________

Registration Number: __________

A current photograph of the Animal is attached hereto.

WHEREAS, the parties to this agreement prefer to use language that reflects respect for animals; and

WHEREAS, the parties agree that the nature of this agreement is an adoption and that the seller is the Rescue and the purchaser is the Adopter; and⁴

WHEREAS, the parties intend that together with a transfer of custody from the Rescue to the Adopter, there shall also be a transfer of all right, title, interest, and ownership subject to specified material conditions; and

WHEREAS, the Rescue represents that it has the authority to transfer title to this Animal under applicable state law and that minimum hold periods have been satisfied.

WHEREAS, the Rescue acknowledges that this agreement is subject to warranties and implied warranties of merchantability and fitness for a particular purpose under the Uniform Commercial Code,⁵ unless said warranties are expressly and individually waived below; and

WHEREAS, the Adopter, in consideration for the placement of an animal by the Rescue, agrees to be bound by the terms of this agreement as set forth below.

I agree that this adoption is subject to the following terms and conditions:

1. I adopt the Animal "as is."
2. I acknowledge that the Rescue has disclosed that the Animal may have the following:

a. Health Problems/Issues:__________
b. The Rescue has disclosed the following information to me about the animal's history:⁶__________
c. Behavior Problems/Issues observed at the Rescue include, but are not limited to, the following:
__________

3. I have received the following records concerning the Animal as an attachment to this agreement:__________
4. I understand that the Rescue has reasonably provided me with the above information and documentation and I acknowledge that the Rescue is not responsible for, and I hereby release the Rescue from, any errors or omissions in the information and documentation provided to me about the Animal.⁷
5. I agree to promptly contact the Rescue if my home address, telephone number, or email address change and to provide the Rescue with my updated contact information.
6. The welfare of the Animal is my responsibility, and I agree to give the Animal quality care, which shall include, but not be limited to, the following:

a. I agree to provide the Animal with proper, healthy, and nutritious food and fresh water.
b. I agree to provide the Animal with adequate companionship and exercise.
c. I agree to provide the Animal with all necessary and appropriate medical/veterinary care and behavioral care so that the Animal will enjoy good physical and mental health.
d. I agree to provide the Animal with a regular heartworm prevention regimen, annual checkups, and appropriate vaccinations.

7. I understand that I am

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