Big D’s Big Dog Rescue Rehab Dog Adoption Contract
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- DOG’S INFORMATION:-
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If the Dog is under four months of age, the dog will not have been spayed/neutered. As spaying/neutering is a condition of the contract, the Adopter agrees to spay/neuter the Dog prior to its turning seven months of age. This can be done either at the veterinarian of the adopter's choice or one of Big D’s referred vets. Regardless of where the spay/neuter takes place the Adopter is responsible for bearing the costs of the procedure. It should be noted that the Big D affiliated vet might offer preferential pricing on a spay/neuter procedure. Please contact Big D Big Dog Rescue Rehab when it is time for the procedure if you wish to explore options other than your regular veterinarian. If done at the adopter’s vet, we request proof of spay/neuter within 10 days of the procedure to be sent to us via email.
All dogs currently in the adopter's home shall be spayed / neutered prior to adopting a Big D Big Dog Rescue Rehab dog.
- Big D Big Dog Rescue Rehab reserves the right to repossess any dog which is not spayed/neutered by the date listed above. It is also understood that the dog doesn't become the permanent property of the adopter until it is spayed/neutered.
Puppies being adopted might have not had their full set of vaccines yet. Big D agrees provides all standard puppy shots, including a rabies shots. Shots are given over a period of several weeks and the rabies shots are usually given when a puppy is 14-16 weeks old. In some instances a puppy may go into a home without all shots being received due to the spacing required in between shots. In this event, the adopter agrees to bring the puppy back to one of Big D’s affiliated vets to receive the next required shots, in accordance with animal health guidelines. If an adopter wishes to do the final shots at his/her own vet, they must first get this approved by Big D and must immediately then provide proof of vaccinations to the rescue. The adopter agrees that until all shots are received that they will not allow the puppies in grass, around other dogs, or to be handled by multiple people. PUPPIES THAT AREN'T FULLY VACCINATED ARE VERY VULNERABLE AND NEED TO BE PROTECTED.
The dog being adopted under this contract may have been micro-chipped by Big D. Upon the dog's adoption, the adopter will update the registration to add the adopter(s) as the main contact but Big D’s Big Dog Rescue Rehab will remain as additional contact.
In some instances Big D requires obedience training for certain dogs adopted through her.
If indicated here, the specific dog is required to be trained professionally. Specifics on training requirement will be sorted out with Big D. Requires Training
TRANSFER OF OWNERSHIP
Adopter agrees not to sell, trade, give away, or otherwise dispose of this Dog without the written permission of Big D’s Big Dog Rescue Rehab. This includes giving the dog to another member of the Adopter's family. The Dog adopted from Big D must be returned to Big D if for any reason the Adopter can no longer keep it, and the cost of returning the dog is the responsibility of the Adopter. The Adopter will make provisions for the return of the dog to Big D if the Adopter expects to predecease the Dog. If however, there is a family member that wants the dog and is able to care for the dog, Big D will make arrangements to transfer the ownership of the dog to the family member if appropriate.
COLLARS AND TAGS
Adopter agrees to properly license the Dog and to maintain that license on an annual basis. Further, Adopter agrees that, at all times, the Dog will wear a proper collar and proper identification.
A proper collar shall be a nylon or leather belt-buckle type or Martingale collar. A metal choke collar may be used only when training or leash-walking the Dog. Adopter agrees to remove any metal choke collar whenever it is not in use.
Adopter agrees to provide full and complete veterinary care for the Dog and ensure that the Dog is given all necessary annual vaccinations, including, but not limited to: vaccination against rabies in accordance with the laws of the state in which Adopter resides; vaccinations against Distemper, parvovirus, and corona virus.
Adopter agrees to provide adequate exercise to maintain a healthy weight.
A copy of the dog's vetting information will be sent to the Adopter within two weeks of receipt of completed Adoption Contract and adoption fee. If this information is not received within this time frame, the Adopter should contact Big D’s Big Dog Rescue Rehab and request another copy of this information be sent.
Adopter agrees to commence annual veterinary care in accordance with the dates advised on the Vetting Information Form or earlier if so advised by veterinarian.
Adopter agrees that if the Dog is lost or stolen, Adopter will report the loss or theft to the appropriate authorities as well as to Big D within twenty-four (24) hours from the time the loss/theft occurred.
Adopter agrees that the Dog will not be attack trained, used for vivisection, or for any other experimental purpose.
Adopter will never give up the Dog for use as food for other animals, and the Adopter will ensure that the Dog is not used for Dog fighting or other "sport" in which one animal is pitted against another for any purpose whatsoever.
Adopter will not beat or taunt the Dog, nor will Adopter allow the Dog to be beaten or taunted for any reason whatsoever and will take all reasonable steps to protect the Dog from danger.
Adopter will not permit the Dog to be used to dominate and/or instill fear in other household pets.
Adopter agrees to provide safe and adequate walking or pet-sitting arrangements for the Dog during any period of time when the Adopter will be away from the Dog for more than ten (10) hours.
Adopter agrees to never leave the dog outside in inclement weather or without proper supervision and under no circumstances is the dog to be left outside when the adopter is not home.
Adopter agrees not to transport the Dog in the rear of a pick-up truck or in any other open vehicle in which the Dog's safety might be at risk. Adopter agrees not to leave the Dog unattended in any vehicle, regardless of weather conditions.
RESERVATION OF RIGHTS
Big D Big Dog Rescue Rehab may visit Adopter's home before and after placement, at reasonable times, with reasonable notice, in order to examine the Dog and its living conditions.
Big D retains the right to reclaim any Dog adopted should the Adopter fail to comply with any of the terms of this agreement. Adopter agrees to relinquish the Dog to Big D in the event that we determine, in our sole discretion, that the Adopter is in violation of any of the terms of this Agreement.
Adopter agrees to notify Big D of any substantial changes in circumstances, including, but not limited to: change in the Adopter's address or telephone number; changes in the Dog's accommodations or living environment; substantial or sudden changes in the Dog's personality or temperament; and/or death of the Dog.
If it becomes necessary for Big D Big Dog Rescue Rehab to terminate this agreement, Adopter agrees to return the Dog to Big D. If it becomes necessary for the Big D to file suit against the Adopter to reclaim the Dog, Adopter agrees to pay all costs of said suit, including reasonable attorney's fees.
Adopter represents that all information provided by the Adopter before and during the adoption process, including all information supplied on Big D Big Dog Rescue Rehab forms, is true and correct to the best of the Adopter's knowledge and belief. Big D reserves the right to terminate this agreement and reclaim the Dog at any time during the lifespan of the Dog should Big D Big Dog Rescue Rehab learn that Adopters misrepresented any matter affecting the Dog's health, safety, environment, or status as a family pet.
HEALTH AND TEMPERAMENT
The Adopter assumes full financial responsibility for the adopted Dog from the date of this contract forward. Although Big D Big Dog Rescue Rehab tries to place only healthy dogs, Big makes no explicit or implicit guarantees as to the Dog's general health not evident at the time of adoption. Adopter adopts the Dog "as is," and Big D Big Dog Rescue Rehab shall not be held responsible for any medical expenses that may be incurred upon signing the contract.
Big D Big Dog Rescue Rehab makes no explicit or implicit guarantees regarding the temperament of the Dog. Adopter adopts the Dog "as is," and Adopter assumes all responsibility for any damage and/or injury that may be caused directly or indirectly by the Dog.
Should be closely monitored around children.
- NOTE: Just because a specific behavior has not been noted does not mean that the Dog will not exhibit that behavior at any time in the future. Second, although a dog might be fine with one dog, that doesn't mean that s/he will be friendly to all other dogs, cats, etc. Therefore the Adopter cannot assume that the Dog will behave in any given manner in whatever situation the Dog finds himself/herself in. Third, a dog's behavior might change depending on other circumstances, e. g. in crowds, at a dog park where there a multitude of other dogs around, around strangers, during thunderstorms, during fireworks displays, at the veterinarian's office, anytime and/or on new medicine even those prescribed by your veterinarian, and/or anytime that you seem tense and the dog senses that tension, etc.
When placing the Dog in a new situation, it is important to pay close attention to the Dog's reactions and to how calm the Dog is. When in doubt, keep small children and strangers away from the Dog until the Adopter has complete control over the Dog and the situation. It's better to tell an approaching child or stranger that the "Dog isn't feeling well today" than to say that she/he might bite. The latter often gets a negative reaction from children, their parents and others and can be easily avoided.
INDEMNIFICATION & HOLD HARMLESS AGREEMENT
In consideration for receiving the Dog, the receipt of which is hereby acknowledged, Adopter hereby for and by himself/herself, his/her agents, administrators, successors, heirs, assigns and anyone claiming by or through here-in, release and forever discharge Big D’s Big Dog Rescue Rehab and her volunteers, employees, family member and assigns, from any and all clauses, rights, actions, suits, proceedings, debts, dues, contracts, damages, claims, and demands of whatsoever kind and nature, in law or equity, which Adopter may have had, or may at any time hereafter have, by reason of or in respect of, the Adopter of the Dog.
As additional consideration for receiving the Dog, Adopter here by promises and agrees to indemnify and hold forever harmless Big D Big Dog Rescue Rehab, its officers, members, directors, agents, administrators, successors, heirs, volunteers, employees, board members of and from any and all further claims, demands, liens known or unknown, that may hereafter, at any time, be made or brought, for any injuries and\or damages claimed to have been caused by the Dog or any injuries and\or damages which might occur in the future resulting from the adoption of this Dog.
ARBITRATION. JURY TRIAL & ATTORNEY FEES
The parties hereby waive the right to a jury trial and agree to arbitrate any and all controversy or claim arising out of or related to this contract, or any breach thereof, in accordance with the applicable rules of the American Arbitration Association. Selection of the arbitrators shall be as follows: either party may, by written notice to the other within 30 days after controversy has arisen that is subject to this agreement, appoint an arbitrator. The other party shall, by written notice, within 30 days after the receipt of such notice by the first party, appoint a second arbitrator, and in default of such second appointment the first arbitrator appointed shall be sole arbitrator. When two arbitrators have been appointed as provided for above, they shall within 3 days appoint a third arbitrator who shall serve as chairman. If a chairman is not appointed within 20 days by the existing two arbitrators, the parties will apply to the American Arbitration Association for appointment of the third arbitrator.
The parties agree to be bound by the findings of the arbitration, including the determination and amount of any damages suffered, and such findings shall be binding on their heirs, executors, administrators, successors and assigns. Adopter(s) will bear not only his\her own but also Big D's Big Dog Rescue Rehab’s expenses in the arbitration proceedings for arbitrators' fees and attorney fees, for witness/es, for records and transcripts, and other expenses of presenting the case. Other arbitration costs, including administrative fees and fees for records or transcripts, shall be borne by the Adopters). Notwithstanding the foregoing, the courts shall have exclusive jurisdiction over injunctive or provisional relief pending arbitration. The arbitrators shall not be empowered to award punitive damages to any party. A judgment on the award rendered may be entered in any court having jurisdiction. The decision of the arbitrators, including determination of the amount of any damages suffered, shall be exclusive, final and binding on employer and employee, their heirs, executors, administrators, agents, successors, volunteers, board members and assigns.
The invalidity, unenforceability, or failure by a party hereto to exercise a clause or portion of this Agreement will not affect the validity or enforceability of any other provision herein. Further should any court of jurisdiction find any clause or clauses in this agreement invalid, which will in no way affect the remainder of the agreement.
The terms of this agreement shall be governed by and construed in accordance with the statutes and laws of the state of New York. The Adopter(s) has (have) read and understands all of the terms of this adoption and agrees to abide by all the terms and conditions stated above. The Adopter(s) also acknowledge that this written contract of adoption is the sole agreement between the Adopters and Big D’s Big Dog Rescue Rehab.
This Agreement, along with any attachments hereto, contains the entire understanding and agreement between the parties and supersedes any prior understanding and/or agreements between/among the parties respecting the Adoption and care of the Dog.
I/We hereby certify that I/We have read all of the terms of this Agreement, that I/We understand my /our obligations, that I/We have been afforded ample opportunity to review the terms of this Agreement, and to seek review and advice from an attorney or other outside party, and that I/We agree to be bound by each and every term of this Agreement.
I/We hereby agree to notify Big D’s Big Dog Rescue Rehab of severe behavior changes in said Dog and understand that I/we are under contract to return said Dog to Big D’s Big Dog Rescue Rehab unless given express written consent to do otherwise. If the Dog has health issues, the Dog can’t be euthanized without a veterinarian's approval.
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