AGREEMENT FOR ADOPTION AND PLACEMENT OF EQUINE

 

By signing this AGREEMENT, ADOPTER hereby waives any and all rights ADOPTER may have to any claim for conversion, trespass or any other statutory, regulatory, contractual, or tort claims that ADOPTER may otherwise have against RESCUE and/or its officers, directors, employees, insurers, volunteers, agents, successors, and assigns as a result of RESCUE reclaiming of the equine(s) from ADOPTER’S facilities.

 

This Equine Adoption Agreement (hereinafter “AGREEMENT”) is entered into this date _______/________/________ by and between (Donkey and Equine Haven USA/*Donkey and Horse Rescue/DAHR), a not for profit 508(c)(1)(a) organization (hereinafter referred to as “RESCUE”) and _______________________________________________________an individual, residing(hereinafter referred to as “ADOPTER”).

 

RESCUE shall have the right to perform an inspection of ADOPTER’s property prior to the adoption ONLY IF RESCUE believes such inspection is necessary.

 

It is agreed between the parties as follows:

1. Identification of Equine. RESCUE agrees to place within the care and custody of ADOPTER and ADOPTER agrees to accept placement and legal ownership of the equine named:_______________________________________(described above) (referred to in this AGREEMENT as “the equine”).

2. Term. The term of this AGREEMENT shall commence upon the date of execution and continue indefinitely for the duration of the equine’s natural life.

3. General Care Requirements.  ADOPTER will provide at ADOPTER’s sole risk, cost and expense, appropriate care and maintenance for the equine, in accordance with the GFAS Equine DAHR Care Standards, including:

• adequate and safe fencing, turnout, and safe comfortable shelter

• appropriate and regular exercise

• veterinary and preventative care

• ensuring the equine’s social, behavioral and companionship needs are met

4. Change of Residence/Health & Safety of Animal(s). In the event ADOPTER plans to change the residence of the equine, ADOPTER will provide RESCUE, by telephone and/or email, within fourteen (14) days of move, the new address and phone number. RESCUE shall have the right, at its option, periodically, at a mutually agreed upon time, to have a representative visit ADOPTER’S property to observe the condition of the equine and to confirm that the ADOPTER is providing the care and maintenance required under the terms of this agreement. If RESCUE determines ADOPTER is not adhering to the terms of this AGREEMENT in the treatment of the equine, or believes, in its sole discretion, the health, safety or well-being of the equine is in jeopardy, RESCUE shall have the right to immediately reclaim possession of the equine from ADOPTER and seek to find alternate placement for him/her. 

5. Restrictions on Equine Transfer/Rehoming/Resale.  Although adoptions are intended to last for the lifetime of the equine, ADOPTER and RESCUE understand that circumstances may occur that require the termination of this agreement, and agree as follows: 

(a) If ADOPTER wants to give away, sell, loan, lease, trade, gift or otherwise transfer (collectively, “TRANSFER”) the equine to any other person or entity, ADOPTER agrees to provide name/address of new owner/adopter to RESCUE.  

(b) If for any reason whatsoever ADOPTER is no longer willing or able to provide adequate care to this equine, and/or no longer wishes to keep the equine, but ADOPTER is not proposing to TRANSFER the equine as specified in subparagraph (a), ADOPTER agrees to return the equine to RESCUE.  ADOPTER shall immediately advise RESCUE via telephone and/or email of this situation. Transportation arrangements and costs to return the equine to RESCUE are the responsibility of ADOPTER. This notice, as well as transportation arrangements and costs, may be waived for extenuating financial or personal health situations at the sole discretion of RESCUE if deemed to be in the best interest of the equine. 

6. Donation for the Equine. ADOPTER agrees to contribute to RESCUE an adoption donation in the amount of $_____________________ This Donation is NOT refundable if the equine is returned to RESCUE for any reason.

7. Release of Liability. ADOPTER releases RESCUE from any and all liability and agrees to hold harmless RESCUE and any of its employees, agents, directors, or trustees from any and all liability related to the equine, and any injury or cause of action related to, or caused by, the equine. ADOPTER acknowledges the information regarding the equine for adoption may have been received by third parties and includes best estimates of unverifiable information about the equine; therefore, RESCUE does not warrant accuracy or correctness of such information. RESCUE makes no representations or guarantees about the soundness, abilities, temperament or health of the equine from the time said equine is released to ADOPTER.

8. State and Local Law Pertaining to Animal Ownership. ADOPTER agrees to comply with all of the applicable laws of the state in which he/she and the equine reside.