ADOPTER UNDERSTANDS THAT HORSES ARE UNPREDICTABLE ANIMALS BY NATURE AND LOVE THIS HORSE, EQUINE RESCUE, INC. CANNOT GUARANTEE THE SUITABILITY OF ANY HORSE FOR ANY PARTICULAR PURPOSE, OR GUARANTEE ANY HORSE’S BEHAVIOR. IF A HORSE IS FRIGHTENED OR PROVOKED, IT MAY DIVERT FROM ITS TRAINING AND ACT IN ACCORDANCE WITH ITS NATURAL SURVIVAL INSTINCTS WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, BUCKING, BOLTING,
SPINNING, STOPPING SHORT, SPOOKING, REARING, KICKING, BITING, OR PULLING BACK WHEN TIED. ADOPTER ACKNOWLEDGES THESE FACTS AND FREELY ASSUMES THE RISKS INHERENT IN RIDING AND OTHER EQUINE-RELATED ACTIVITIES.
II. CARE SPECIFICATIONS
A. Feed
The Horse should be fed 3-4 flakes of high quality, mold and weed free alfalfa, timothy or orchard grass hay daily, unless sufficient pasture is provided instead. “Sufficient pasture” is defined as pasture lush enough that a horse will ignore hay
when offered and, on which, no horse present is at less than a body condition score of 4. Grain is not generally required and is at the discretion of Adopter and Adopter’s veterinarian. ADOPTER AGREES TO INTRODUCE ANY GRAIN GRADUALLY, NO MORE THAN A HALF POUND DAILY TO START.
Supplements are at the discretion of Adopter but are recommended.
B. Farrier Care/Shoeing
The Horse may be kept barefoot if desired and trimmed no less than every 12 weeks by a qualified farrier.
C. Stabling/Pasture
Adopter may keep the horse in a stable or at pasture. The following guidelines apply:
STABLES – Stalls must be no less than 10x 12 for average sized horses and 12x12 for drafts and horses must be turned out or exercised at least seven days per week if stall kept. Stalls are to be cleaned at least seven days per week if the
Horse is stall kept. Sufficient, clean bedding is to be provided as needed.
PASTURES – Horse may be pasture kept part or full time. Horses kept in pasture must be provided with a shelter with a roof such as a barn overhang . If kept outside 24/7 a three sided shelter must be provided that protects the equine from the element. Horse must be confined and fed separately on a daily basis if any weight loss occurs. Fencing may be wood, plastic, wire mesh, coated wire, panels, or steel. BARBED WIRE FENCING IS NEVER ACCEPTABLE AND MAY NOT EVER BE USED, EVEN TEMPORARILY.
D. Watering
ADOPTER AGREES THAT NO HORSE WILL EVER BE CONFINED TO A STALL, TURNOUT, PASTURE OR OTHER AREA IN WHICH THERE IS NOT A SOURCE OF CLEAN, FRESH AND UNFROZEN DRINKING WATER AT ALL TIMES.
“Clean and fresh” is defined as tubs/pails that are being dumped, scrubbed if needed and re-filled with fresh water no less than once per week. Where the temperature drops below freezing, Adopter agrees to provide a tank heater to ensure that water is always available to the Horse.
E. Veterinary Care
HH understands that many adopters do their own vet work in terms of vaccinations,
deworming, and caring for minor injuries and illnesses. Adopter agrees to keep records of purchases of vaccines, dewormer, etc. and make them available to HH upon request, or have a licensed veterinarian perform vaccinations and deworming and maintain records thereof. Adopter further agrees to obtain the services of a licensed veterinarian promptly in the event of any significant injury or illness, including colic. Should the Horse require euthanasia, Adopter agrees to provide a statement or invoice from a licensed veterinarian explaining the condition that led to the euthanasia and proving that the Horse was
indeed euthanized.
ADOPTER UNDERSTANDS THAT EUTHANIZING HORSE WITHOUT THE SERVICES OF A LICENSED VETERINARIAN, EXCEPT IN A DOCUMENTED AND WITNESSED EMERGENCY, WILL BE CONSIDERED A MAJOR BREACH OF THE ADOPTION CONTRACT AND RESULT IN LEGAL ACTION.
III. ADDITIONAL CONDITIONS
A. Return or Rehoming of the Horse
1. If the adopter must return the equine no matter the time frame the adoption fee in not refundable. Adopter must arrange and pay for transporting the horse to
HH and must provide no less than 20 day notice in writing (e-mail is acceptable) that the Horse is being returned.
2.HH gets first right of refusal (no fee will be paid to the adopter)
3. If Adopter desires to transfer ownership of the Adopted horse to a third party, the third party must complete HH's Adoption Application, be screened and approved, and complete HH's Adoption Contract. ADOPTER MAY NOT, UNDER ANY
CIRCUMSTANCES, GIVE OR SELL THE HORSE TO ANY THIRD PARTY WITHOUT HH's
CONSENT. ADOPTER UNDERSTANDS THAT GIVING AWAY OR SELLING THE HORSE
WITHOUT HH'S INVOLVEMENT WILL BE CONSIDERED A MAJOR BREACH OF THE
ADOPTION CONTRACT AND RESULT IN LEGAL ACTION AND MONETARY PENALTIES ASPROVIDED IN PARAGRAPH III.B OF THIS CONTRACT.
4. In the event of Adopter’s death, Adopter acknowledges that the Horse will be
returned immediately to HH, that said Horse is separate from and not included in
Adopter’s estate or personal property in any manner or form and Adopter directs that whomsoever shall have directive powers over Adopter’s affairs shall return or cause to return said Horse immediately to HH. Adopter agrees to inform Adopter’s Next of Kin of this agreement and provide a copy for the Next of Kin individual’s reference.
B. Penalties for Default
If Adopter fails to comply with any terms of this Agreement, Adopter agrees to pay HH an additional $1,500.00, plus all attorneys’ fees and costs of legal action, including litigation that HH may incur to enforce the terms of this Agreement. Adopter acknowledges that the additional $1,500.00 and costs are reasonable and just compensation to HH in the event of Adopter’s breach of contract under
the circumstances of this transaction and in view of HH'S charitable purposes to provide for the humane care of horses .The compensation established is for a harm that is incapable or very difficult of accurate of estimation at the time of the signing of this Agreement. Adopter understands that in the event of an Egregious Breach of the contract, HH does not agree to maintain any confidentiality whatsoever with respect to that breach. An “Egregious Breach” isdefined as the Horse being discovered at a body condition score of less than 2.5 with no veterinary care
provided, the Horse being seized by a law enforcement agency for neglect or abuse, the Horse being given away or sold to a third party, the Horse being offered for sale at auction, or the Horse’s verified death from neglect or abuse. ADOPTER UNDERSTANDS THAT AN EGREGIOUS BREACH OF THIS CONTRACT WILL RESULT IN LEGAL ACTION, MONETARY PENALTIES AS PROVIDED IN THIS PARAGRAPH,
REPORTS TO LAW ENFORCEMENT AGENCIES IF APPROPRIATE AND THE PUBLICATION OF ADOPTER’S ACTIONS IN THE PRESS.