In consideration of receiving the animal described herein from St. Francis Animal Sanctuary (hereinafter referred to as “SFAS”), Adopter _________, a person of the full age of majority and of full capacity to enter into this agreement, agrees to be bound by the following terms and conditions (herein referred to in global as “Agreement”):
I. GENERAL CONDITIONS AND WARRANTY OF ADOPTER
Adopter will provide proper and sufficient food, water and shelter, and warrants that he/she will provide kind and careful treatment to the animal at all times. Adopter assumes full responsibility for this animal for the animal’s entire lifetime, and fully understands that SFAS is placing this animal for adoption on this condition. Adopter shall not leave the animal unsupervised outside. Adopter shall not chain, leash or otherwise tether the animal to any object, indoors or outdoors. All dogs require training or housebreaking to prevent chewing and permit time for adjustment to family and other pets. Adopter acknowledges and fully accepts responsibility to provide proper and humane training.
II. MEDIAL CARE OF THE ANIMAL
a. Animals that meet SFAS’s surgery requirements are spayed and neutered prior to adoption from SFAS. In instances where animals are adopted prior to being spayed or neutered, the provisions of the attached Rider to this Agreement containing Spay/Neuter Requirements shall apply. The Spay/Neuter Rider is part of this Agreement, and SFAS shall be entitled to reclaim the animal and exercise all of its other rights and remedies stated in this Agreement and at law and equity if any of the spay/neuter requirements are violated.
b. Adopter will take the animal to a veterinarian for examinations and immunizations at least annually, and will procure immediate veterinary care should the animal become ill or injured. Adopter understands and represents herein that any and all future medical care is ADOPTER’S OWN EXPENSE; EXCEPT that for FORTY-EIGHT HOURS ONLY from the time when the animal leaves SFAS or leaves any location hosting an SFAS adoption event. SFAS WILL NOT REINBURSE ADOPTER FOR VACCINATIONS, SPAY/NEUTER SURGERIES OR ANY OTHER SERVICES PROVIDED BY ANY VETERINARIAN. Adopter understands that rabies vaccinations are their responsibility, and Adopter warrants that he/she will meet any requirements of law for the dogs and cats not yet vaccinated against rabies. The adoption application indicates whether the rabies vaccine has been given at SFAS.
c. Adopter will license the animal in compliance with the laws and ordinances in force in the municipality in which Adopter resides.
III. CONDITIONS OF ADOPTION AND RETURNS
a. Adopter will not give the animal away without first obtaining the written approval of SFAS. If SFAS does not give Adopter such written approval and Adopter chooses not to keep the animal, Adopter agrees to make an appointment with SFAS for the return of the animal.
b. Adopter agrees that if Adopter adopts more than one animal from SFAS at the same time, the animals will reside together for their entire lives. Adopter must obtain written approval from SFAS to separate the animals. However, Adopter understands that is it highly unlikely that SFAS would consent to such separation. Adopter agrees that SFAS shall have the right to reclaim the animals if the animals have been separated without SFAS prior written approval.
c. Adopter will keep the animals as a companion and not allow the animal to be used for medical or other experimental purposes or for business purposes.
d. Notwithstanding the provisions of sections II(b) or any other section herein, Adopter shall not have the automatic right to return adopted animals to the SFAS after 30 days from date of adoption. Acceptance of animals previously adopted from SFAS shall be the sole discretion of SFAS and is dependent on several factors, including, but not limited to available space at SFAS and temperament of the animal.
e. No matter the manner of the recovery of the animal, whether by agreement between SFAS and Adopter or by action by SFAS to reclaim the animal, Adopter acknowledges that SFAS has no refund policy for adoption fees.
IV. RECOVERY OF ADOPTED ANIMAL UPON BREACH
a. Adopter agrees that if SFAS should determine at any time that any of the provisions of this Agreement have not been fully complied with, or that the animal rightfully belongs to some other person, Adopter will return the animal to SFAS upon demand. If Adopter fails to return the animal on demand, SFAS shall have the right, without further notice or demand, to enter the premises where the animal may be and remove the animal without process of law.
b. Adopter will allow any investigator of SFAS to inspect the animal and its living environment and to take photographs and videotapes of the animal in its living environment and to remove the animal if the investigator, in his or her sole discretion is not satisfied with the conditions under which the animal is being kept or believes that the conditions of this Agreement are being violated.
c. In the event SFAS is forced to enact its rights granted by Adopter under Section IV (a) and/or (b), Adopter agrees to waive all claims for trespass or damage.
V. NO EXPRESS OR IMPLIED WARRANTY
Adopter is fully aware that SFAS makes no guarantees whatsoever as to the health, temperament, breeding, mental disposition, and training of the animal being adopted. Adopter acknowledges that this Agreement contains no express or implied warranties concerning the health of the animal, the breeding of the animal, or that the animal adopted by the Adopter is fit for any particular purpose.
VI. WAIVER, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT
a. Adopter hereby fully and completely releases SFAS, its agents, servants, employees, officers, successor entities and other affiliated persons or entities, from any defects or illnesses the animal may have at the time of adoption or may develop at a later date.
b. Adopter hereby fully and completely releases SFAS, its agents, servants, employees, officers, successor entities and other affiliated persons or entities, from any claim, cause of action, or other liability for any bodily injury or property damage which is caused by the animal and for which liability is sought from Adopter.
c. Adopter hereby agrees to indemnify and hold harmless SFAS against any and all claims, causes of action, or other liabilities, whether brought in a court of law, arbitration, tribunal or other legal proceeding, for which a third party seeks to impose liability on either Adopter or SFAS for bodily injury or property damage alleged to be caused by the animal adopted by Adopter from SFAS.
d. If Adopter has other pets at home, Adopter attests to the fact that all of Adopter’s animals are current on their animal vaccinations. Adopter fully and completely releases SFAS, its agents, servants, employees, officers, successor entities or other affiliated persons or entities, from any claim, cause of action or liability for any illness Adopter’s or other animals may develop, even if any said illness may have been procured from the animal adopted from SFAS.
e. Adopter hereby waives any right of action against SFAS for bodily injury or property damage occasioned by Adopter or his/her family alleged to have been caused by the animal adopted from SFAS. In the event a claim is made against SFAS seeking liability for damages occasioned by Adopter or his/her family for bodily injury or property damage, the indemnification provisions of Section VI (c) shall apply.
f. In the event Adopter returns the animal to SFAS for any reason, Adopter will at no time assert any claim or demand against SFAS for any charges which may have been incurred in connection with the animal.
g. Adopter agrees to pay and reimburse SFAS for any and all legal fees and court costs it incurs in enforcing the terms and conditions of this Agreement.
h. Adopter will pay SFAS $500 as liquidated damages in the event Adopter breaches any of the provisions of this Agreement. Adopter agrees that SFAS shall, in addition to the collection of such liquidated damages, retain all of the other remedies, including, but not limited to the inspection and reclaiming of the animal, provided for in this Agreement and allowed at law or in equity.
This Agreement shall be governed by the laws of the State of Louisiana or Mississippi, determined by location of adoption.
VIII. SEVERABILITY OF THIS AGREEMENT
The doctrine of severability shall be applied. In the event that any term, provision or paragraph of this Agreement is or is declared illegal, void or unenforceable, this shall not affect or impair the other terms, provisions, or paragraphs of this Agreement.
I do hereby state that I have read this Agreement and fully understand it, the representations and warranties of the parties, the rights and remedies of the parties, and that I do hereby agree to be bound by its terms.
Date: _______________ Signed: __________________________