This Foster Animal Foster Care Agreement ("Agreement") is entered between the City of Fort Wayne’s Foster Department of Animal Care and Control ("ACC") and the undersigned ("Provider") as of today’s date ("Effective Date"). Foster care for the Foster Animal will be provided by Provider under this Agreement for the following period: effective this day forward as long as I am an active foster Provider.
In consideration of the mutual promises contained herein, ACC agrees to provide a Foster Animal or Foster Animals (each a "Foster Animal" and, together, the "Foster Animals") to Provider for the purpose of providing temporary foster care and Provider agrees to provide such foster care, pursuant to the terms and conditions of this Agreement. All foster care costs and expenses incurred in the performance of this Agreement shall be paid by Provider unless otherwise provided herein.
Provider acknowledges and agrees that he/she will acquire no legal or equitable ownership of or interest in the Foster Animal while the Foster Animal is in Provider's care.
Notwithstanding any other term or provision of this Agreement, Provider agrees to immediately return the Foster Animal to ACC: (a) on the calendar date established or the Foster Animal reaching the age established when the Foster Animal was placed in Provider's care; (b) in the event Provider cannot care for the Foster Animal; (c) in the event the Foster Animal requires significant medical care; or (d) upon the request of ACC.
Provider agrees that the foster care provided under this Agreement shall include the following:
· Separation of the Fostered Animal from all other Foster Animals in Provider's residence.
· Regularly providing nutritious food and fresh water daily, including hand feeding, if required.
· Providing a warm refuge for the Foster Animal in Provider's residence. Providing a clean, accessible litter box and litter for cats and kittens.
· Providing appropriate, recommended socialization for the Foster Animal
· Engaging and playing with Foster Animal on a regular basis.
· Conducting regular examinations of Foster Animal for changes in physical condition (e.g., loss of weight, appetite, dehydration, stool changes, sneezing, eye and ear discharge, ear wax or mites, gum color, condition of coat and skin and fleas).
· Immediately reporting any noticeable change in Foster Animal's health or behavior to ACC.
· Transporting Foster Animal to ACC as needed for routine checkups, medical treatment, and upon completion of Foster Care Period.
Provider agrees to immediately notify ACC of: (a) any medical or other emergencies involving the Foster Animal; and (b) any changes in the medical/physical condition of the Foster Animal in order to obtain pre-approval of non-emergency veterinary care. Provider shall also report weekly to ACC during the Foster Care Period regarding the Foster Animal's general health and behavior. ACC shall at all times, have the sole and exclusive right to determine the appropriate action to be taken upon receipt of any of the foregoing information, and Provider agrees to follow ACC's instructions in connection therewith.
Provider represents that he/she will: (a) comply with all federal, state and local statutes, code, ordinances, rules, regulations and policies which currently or may hereafter apply to the possession and fostering of the Foster Animal and (b) follow all written and verbal instructions provided by ACC in connection with the fostering of the Foster Animal.
Except as hereinafter provided, ACC will pay for: (a) all standard veterinary care and medications (including examinations, vaccinations, and treatments) that the Foster Animal may require during the Foster Care Period and (b) veterinary care for the Foster Animal in the event of a medical emergency. ACC will pay for the aforesaid services only if such services are pre-approved by ACC and provided by an ACC pre-approved veterinarian.
ACC will provide the basic care supplies for the Foster Animal: (a) items outlined on our foster starter kit sheet; (b) medications as required during the Foster Care Period; (c) carrier; Provider may purchase additional food, litter, supplies, toys and other items for the Foster Animal during the Foster Care Period, without reimbursement from ACC.
Provider agrees to return to ACC all loaned equipment and unused supplies at the completion of the Foster Care Period or upon ACC's request. All such equipment shall be returned to ACC in good, clean condition, reasonable wear and tear excepted.
The Foster Animal's physical appearance shall not in any manner be altered by Provider during the Foster Care Period (including but not limited to declawing or tail/ear cropping) without the prior written consent of ACC.
Provider will cause all other animals, which occupy Provider's residence, to be current on vaccinations and to receive regular flea treatments prior to bringing the fostered Foster Animal into such residence and at all times during the Foster Care Period.
Provider will notify ACC immediately by telephone or electronic mail in the event Provider is unable or unwilling to provide foster care for any Foster Animal in Provider's possession. Provider will coordinate with ACC to return the Foster Animal to ACC's facility within a reasonable time (not to exceed four (4) business days) following such notice and will continue to provide appropriate foster care for the Foster Animal(s) under this Agreement until the fostered Foster Animal(s) are returned to ACC.
Provider may have the option to adopt the Foster Animal provided (a) the Foster Animal has not previously been adopted and (b) Provider meets all ACC adoption requirements. In order to commence the adoption process, Provider shall complete the requisite ACC adoption application documents and return the Foster Animal to ACC for sterilization.
Provider will immediately notify ACC in the event of a change in any of Provider's contact information (street address, telephone number, e-mail address).
Provider shall not transfer, move, or relocate the Foster Animal from Provider's residence to any other residence or location without ACC's prior written consent. Provider shall not transfer foster care or custodial responsibilities for the Foster Animal to any third party without the prior written consent of ACC. In the event Provider will be absent from his/her residence for any extended period of time for vacation or other reasons, Provider shall notify ACC in advance of the arrangements made by Provider for the care of the Foster Animal during Provider's absence.
Provider acknowledges and agrees that Provider is responsible for all costs and expenses directly or indirectly associated with the providing of foster care for the Foster Animal outside of what is provided by ACC. Provider shall receive no compensation from ACC for the foster care services provided to the Foster Animal under this Agreement. Provider is providing such foster care services voluntarily and the consideration received by Provider is the satisfaction and enjoyment derived from caring for the Foster Animal under this Agreement.
Provider agrees that upon reasonable advance notice to Provider, ACC staff may inspect that portion of Provider's residence where the Foster Animal is being housed for the purpose of confirming the suitability of the area for the care and maintenance of the Foster Animal under this Agreement.
Provider shall immediately notify ACC by telephone or electronic mail in the event of the death of the Foster Animal and shall forthwith return the body of the Foster Animal to ACC for evaluation.
Provider shall have no liability hereunder in connection with the illness, death, or disappearance of or injury to the Foster Animal while in Provider's care hereunder except to the extent that the same occurs in connection with the negligent or intentional act or omission of Provider.
Provider expressly acknowledges that he/she is aware of the potential for a variety of diseases and illnesses (e.g., upper respiratory infections, feline immunodeficiency virus, feline leukemia virus, scabies, ringworm, roundworm, cat scratch fever and zoonotic diseases) to be transmitted from animals to humans and/or animals to other animals. Provider also acknowledges that he/she is aware of the potential for Foster Animals to cause injury to other Foster Animals, owned animals and humans by biting, scratching or other aggressive behavior. Provider, for himself/herself and all others claiming under him/her, hereby expressly waives and releases ACC, the City of Fort Wayne, and their respective officers, directors, employees, representatives, agents, departments and divisions, from any and all claims, obligations, liabilities, costs and expenses (including but not limited to medical and veterinary expenses), both known and unknown and whether now existing or hereafter arising, in connection with any property loss or injury to or death or illness of any person or Foster Animal which arises directly or indirectly from Provider's entering into or performance of this Agreement or Provider's acceptance, care, possession maintenance or control of or contact with any Foster Animal hereunder.
This Agreement: (a) constitutes the entire agreement between the parties with regard to the matters contained herein or contemplated hereby; (b) may only be modified in a writing signed by ACC and Provider; (c) shall be binding upon ACC, Provider and their respective heirs, legal representatives, successors, and assigns; (d) shall be construed under Indiana law. If any of the provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable for any reason whatsoever, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.