Please list any other pets/animals you have below.
THIS FOSTER AGREEMENT (“Agreement”) is made and entered into by and between the Animal Pad (“TAP”) and the undersigned (“Foster-to-Adopter”).
A. Foster-to-Adopter desires to adopt rescue dog(s) or puppy(ies) currently in the care of TAP while and TAP desires to have Foster-to-Adopter foster such rescue dog(s) or puppy(ies) until such time that dog(s) or puppy(ies) completes "Standard Vetting", defined by TAP as 2 rounds of DHPP vaccine for a dog under 4 months old, and at least 1 round of DHPP vaccine and rabies vaccine for a dog over 4 months old. TAP can only make rescue dog(s) or puppy(ies) available for adoption once this Standard Vetting is completed.B. TAP desires to make and enter into an agreement with the Foster-to-Adopter pursuant to the following terms and conditions to provide for the proper treatment of the rescue dog(s) or puppy(ies) soon to be in the Foster-to-Adopter’s care.NOW, THEREFORE, incorporating the above recitals and in consideration of the mutual agreements and covenants contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Term. Foster-to-Adopter shall foster the dog(s) or puppy(ies) (hereinafter, the “Dog”) that TAP places with him/her until such Dog has completed all necessary vetting as defined above. At such time, Foster-to-Adopter shall be required to execute TAP’s standard adoption contract and pay TAP’s standard adoption fee in a timely manner no less than 7 days after notification that the Dog may be adopted.
2. Scope of Fostering. Dog shall reside at Foster-to-Adopter’s house, apartment, loft, condominium or other living space (“House”) and such House shall be in good and clean condition. Foster-to-Adopter shall walk, feed, bathe, transport, provide basic training such as housebreaking, play with and provide medical assistance, if necessary, to Dog. In addition, Foster-to-Adopter shall be compassionate and loving to Dog for the entire time that Dog is in his/her care.
3. Prohibited Practices. Foster-to-Adopter shall not use prong collars on, employ harsh training methods on nor ever strike Dog. In addition, Foster-to-Adopter shall not allow Dog to be without a leash when Dog is outside a securely fenced area. Foster-to-Adopter shall not tie or chain the Dog to a fence or other like item for long periods of time absent a competent adult being present and adequate moving space for Dog. Foster-to-Adopter shall not leave Dog alone in a motor vehicle for an extended period of time when the outside temperature would cause Dog to suffer.
4. Handbook. Foster-to-Adopter shall abide by the in-depth procedures for fostering as set forth in the Foster Handbook, as amended from time to time.
5.Inspection of Dog’s Living Condition and Dog. TAP may inspect the living conditions of Dog and Dog for any reason at a time and date mutually agreed upon by TAP and Foster-to-Adopter.
6. Transition Period. Foster-to-Adopter is aware that Dog is a rescue dog and Dog will have to adapt to a change in his/her circumstances (“Transition Period”). As such, Foster-to-Adopter shall be patient and tolerant during such Transition Period, which can extend from a few days to a few months. Foster-to-Adopter acknowledges that they may be in the care of a young puppy without prior obedience skills and agrees to provide training, consistency and socialization to help the dog grow to be happy, healthy, and well-adjusted.
7. Medical Treatment, Expenses and Records. TAP shall provide and pay for Dog’s vaccinations and for spaying or neutering of Dog, as the case may be (“Standard Treatment”). Standard Treatment may not be completed before Dog is placed in Foster-to-Adopter's care. If if Dog is not fully vaccinated, Foster-to-Adopter agrees to limit contact of Dog with unknown dogs or public places where unknown dogs have been, including dog parks, beaches, and public streets. If Dog is not spayed/neutered, Foster-to-Adopter agrees to keep Dog separate from intact dogs. Should Dog need nonemergency medical treatment, Foster-to-Adopter shall contact TAP and seek TAP’s approval to cover the cost of treatment before Dog can receive such treatment. Once Foster-to-Adopter receives such approval, they shall timely provide Dog with such treatment. If Foster-to-Adopter provides medical treatment to Dog without TAP’s approval, TAP shall not be responsible for paying for or reimbursing Foster-to-Adopter for such expense. In the event Dog requires emergency medical treatment, Foster-to-Adopter shall contact TAP and seek TAP’s approval to cover the cost of such treatment. However, if Foster-to-Adopter determines that Dog needs emergency medical treatment immediately and there is not sufficient time for TAP to be contacted, Foster-to-Adopter shall immediately take Dog to a TAP approved emergency room veterinarian (as designated in the Foster Handbook), and any costs associated therewith shall be paid for by TAP. Should Foster-to-Adopter take Dog to a non-approved emergency room veterinarian, TAP shall not be responsible for paying for or reimbursing Foster-to-Adopter for such expense. Grooming of Dog will not be paid for by TAP.
8. Notify TAP. Should Foster-to-Adopter have any concerns fostering Dog, Foster-to-Adopter shall contact TAP to discuss such concerns and TAP shall work to eliminate such concerns. Should TAP determine, in its sole discretion, that Dog should no longer be in Foster-to-Adopter’s care, TAP shall attempt to locate another Foster Care Volunteer to foster Dog. If there are any immediate safety issues that arise TAP will remove the dog and address them and find new placement for the dog.
9. Ownership Rights. Until such time as an adoption contract is signed by both parties and an adoption fee is paid, Dog is the sole property of TAP and TAP has all of the rights associated therewith. TAP is not transferring ownership of Dog to Foster-to-Adopter by allowing Dog to temporarily reside with Foster-to-Adopter. TAP shall make all of the decisions with respect to adoption of Dog and Foster-to-Adopter shall return Dog to TAP upon TAP’s request.
10. Adoption. Foster-to-Adopter shall cooperate with TAP with respect to the adoption of Dog. Once TAP notifies Foster-to-Adopter that Standard Vetting has been completed and Dog may be adopted by Foster-to-Adopter, Foster-to-Adopter agrees to comply with TAP's instructions to complete adoption process in a timely manner no less than 7 days. If Foster-to-Adopter determines at this time that they no longer wish to adopt, Foster-to-Adopter agrees to notify TAP immediately. Foster-to-Adopter may request that TAP transfer the Dog to the care of another Foster Care Volunteer, or Foster-to-Adopter agrees that prospective adopters can visit Dog prior to adoption at a time, date and place mutually agreed upon by Foster-to-Adopter and such prospective adopters.
11. Representations and Warranties by TAP. TAP represents and warrants that the individual executing this Agreement on behalf of TAP is authorized to do so and has the power to bind TAP. No other representations or warranties other than the ones just stated have been made by TAP. Specifically, TAP makes no representations or warranties concerning the health, temperament, behavior, dangerous propensity or previous ownership of Dog.
12. Representations and Warranties by Foster-to-Adopter.
12.1 Experience with Animals. Foster-to-Adopter represents and warrants that they has some experience caring for dogs and will provide adequate care to Dog as is required under this Agreement.
12.2 Medical or Physical Condition. Foster-to-Adopter represents and warrants that they is in good health and has no medical or physical condition which would affect his/her ability to foster Dog. Specifically, Foster-to-Adopter represents and warrants that they and anyone that lives with him/her at the House, if applicable, do not have a known serious allergy to Dog that would cause them to be in a life-threatening situation.
12.3 No Violation of Lease. Foster-to-Adopter represents and warrants that they will not be in violation of his/her lease, if applicable, by having Dog reside in his/her House.
12.4 Personal Dogs. Foster-to-Adopter represents and warrants that his/her personal dogs are current on vaccinations and are in good health.
12.5 Children in House. Foster-to-Adopter represents and warrants that if they has children residing in the House with Dog that they will take necessary precautions to provide for the wellbeing of both the children and Dog.
13. Breach of Agreement. Should either party violate a term of this Agreement or violate its respective representations or warranties, the breaching party shall be in breach of this Agreement.
14. Remedies upon Breach. If a party is in breach of this Agreement, the non-breaching party may request the return of or return, as the case may be, Dog, demand reasonable payment for such breach, or both. Section 13 shall not limit any other remedy applicable by law.
15. Damages. Once Dog is in the care of Foster-to-Adopter, they shall be solely responsible for any damages to people or property caused by Dog.
16. Notices. TAP shall contact Foster-to-Adopter by using the information they furnished in his/her volunteer application. Foster-to-Adopter shall be assigned a designated coordinator prior to Dog being placed in his/her care and Foster-to-Adopter shall send all notices to such designated coordinator.
17. Assumption of Risk. Foster-to-Adopter knowingly and freely assumes all such risk, both known and unknown, of his/her participation in fostering Dog. Without limiting the foregoing, Foster-to-Adopter specifically assumes the risk that his/her personal dog, if applicable, may contract a disease(s) or illness from Dog and that his/her children, if applicable, may be bitten or scratched by Dog.
18. Miscellaneous Provisions.
18.1 Applicable Law, Venue and Jurisdiction. This Agreement and the rights of the parties hereunder shall be governed by, and construed in accordance with, the laws of the State of California; each party consents to personal jurisdiction in San Diego, California; and each party agrees to bring any and all matters arising from or out of this Agreement (i.e. lawsuits, arbitration, mediation, etc.) in San Diego County, California.
18.2 Entire Agreement. This document represents the final, entire and complete agreement among the parties with respect to the subject matter hereof and supersedes all other prior or contemporaneous agreements, communications or representations, whether oral or written, express or implied. The parties acknowledge and agree that they may not and are not relying on any representation, promise, inducement, or other statement, whether oral or written and by whomever made, that is not contained expressly in this Agreement. This Agreement may only be modified by a written instrument signed by both parties. Oral modifications are unenforceable.
18.3 Successors. This Agreement and all the respective rights and obligations hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, and successors and assigns.
18.4 Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures to each counterpart were upon a single instrument, and is intended to be binding when all parties have delivered their signatures to the other parties. Signatures may be delivered by facsimile transmission. All counterparts shall be deemed an original of this Agreement.
18.5 Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, the interpretation of any of the provisions hereof, or the action or inaction of any party hereunder shall be submitted to arbitration in San Diego County, California pursuant to the commercial arbitration rules of JAMS, ADR Services, Inc. (collectively “Approved Service”), or other recognized arbitration service selected by the party instituting such action provided if any other party objects to the selection of a service other than an Approved Service, the arbitration shall be moved to an Approved Service selected by the party objecting. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Owner except: (a) an action to compel arbitration pursuant to this Section, or (b) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section.
18.6 Attorneys’ Fees. In the event of any dispute among the parties, whether based on contract, tort or other cause of action or involving bankruptcy or similar proceedings, in any way related to this Agreement, the non-prevailing party shall pay to the prevailing party all reasonable attorneys’ fees and costs and expenses of any type, without restriction by statute, court rule or otherwise, incurred by the prevailing party in connection with any action or proceeding (including arbitration proceedings, any appeals and the enforcement of any judgment or award), whether or not the dispute is litigated or prosecuted to final judgment. The “prevailing party” shall be determined based upon an assessment of which party’s major arguments or positions taken in the action or proceeding could fairly be said to have prevailed (whether by compromise, settlement, abandonment by the other party of its claim or defense, final decision, after any appeals, or otherwise) over the other party’s major arguments or positions on major disputed issues.
18.7 Headings. Headings are for convenience only and shall not be considered a part of this Agreement.
18.8 Severability. If any portion of this Agreement is held to be invalid, the remainder shall continue in full legal force and effect.
18.9 Binding Effect. This Agreement shall be binding on Foster-to-Adopter with respect to Dog and any other dog they agrees to foster by TAP regardless of a lapse in time in fostering of a dog.