READ BEFORE SIGNING APPLICATION FORM BELOW
These terms and conditions set out the entire agreement between you and Perth Rescue Angels Inc. (PRA) in respect of any animal that PRA may provide you to adopt under this agreement (adopted pet). A reference to a clause is a reference to a clause in these terms and conditions.
1. Refusal of adoption. Your completion and submission of this form to PRA does not entitle you to adopt any animal(s) from PRA. Your form will be processed by PRA and in its absolute discretion, PRA may provide you with animal(s) to adopt. Subject to clause 2 below, you are not required to accept the adoption of any animal that may be offered to you by PRA.
2. Ownership. Subject to these terms and conditions, all right, title and interest in any adopted pet passes from PRA to you on the date on which you receive any adopted pet (Receipt Date).
3. Payment. Payment. You must pay PRA the adoption fee within 24 hours of a meet and greet, or at the meet and greet to receive the animal immediately. This may be paid in cash to the adoption team at an adoption event or through a bank transfer to the PRA bank account. If a bank transfer is used, money must appear in PRA account or payment confirmation sent to PRA before you can receive said animal. A hold waiver must be completed if you require the foster carer to hold the cat for any period after payment has occurred, this requires pre-approval from the adoption coordinator.
4. Property check. You will permit PRA to inspect your property at any reasonable times, including your fence and yard, and all other parts of your property in which the adopted pet(s) will be or are at the time of the inspection living, for a period of 12 months from the Receipt Date.
5. Compliance with laws. You will comply with all applicable laws in respect of any adopted pet, including without limitation all laws in respect of identification (collars etc.), registration with Government or local authority(s), and animal welfare.
6. Microchip. You will keep PRA contact details as the secondary contact on the microchip of any adopted pet.
7. Animal not to be gift / Voluntary return. If for any reason you do not want to keep any adopted pet, you must return that animal to PRA, and may not transfer ownership or possession of it to any third party including any alternative owner, shelter, rescue or pound, unless you have the prior written consent of PRA. On the return of the adopted pet to PRA, all right, title and interest in the adopted pet reverts to PRA. For the avoidance of doubt, you must not make a gift of any adopted pet.
8. Refund. If you return an adopted pet to PRA pursuant to clause 7 within four weeks of the Receipt Date, PRA will give you a 25% refund of the adoption fee. If you return an adopted pet after four weeks from the Receipt Date, the extent to which you receive a refund is at the discretion of PRA. You will not receive a refund at any time in respect of an adopted pet if it is returned to PRA pursuant to clause 10 or otherwise due to your negligence or abuse.
9. Re-fostering. If you return an adopted pet to PRA, you acknowledge that it may take at least one week to foster that adopted pet. If you give less than one week’s notice of the return of an adopted pet, you agree to indemnify PRA against all costs and expenses relating to any time spent by the adopted pet at any boarding kennel for an aggregate period of up to one week.
10. Involuntary return. If within 12 months of the Receipt Date, PRA considers on reasonable grounds that you have not, are not, or are reasonably likely to not in the future, comply with this agreement, PRA may on 48 hours’ notice require you to return any adopted pet. On the return of the adopted pet to PRA, all right, title and interest in the adopted pet reverts to PRA.
11. Forcible return. If you do not return any adopted pet to PRA in accordance with clause 10, PRA may at any time use appropriate force to enter your property and remove any adopted pet, at which time all right, title and interest in the adopted pet reverts to PRA.
12. Temperament and health of animals. Any adopted pet may have been previously unwanted or lost, or otherwise been subject to a dangerous or unhealthy environment that may have had a long-lasting effect on the adopted pet. PRA makes no representations or warranties as to the temperament, health or other characteristic of any adopted pet.
13. Reporting. You will notify PRA as soon as reasonably practicable if within 12 months of the Receipt Date any adopted pet becomes lost, stolen or deceased.
14. Release. You unconditionally release and forever discharge PRA from all actions, demands, liabilities, proceedings, claims, losses, damages, compensation, charges, costs and expenses of any kind, howsoever arising, whether in contract, tort, equity or under any other principle of law or statute, in respect of any matter howsoever arising, concerning or relating in any way to any adopted pet, other than a claim arising from a breach of the terms of this agreement (Claims) you may now have or but for this agreement at any time in the future may have had directly or indirectly against PRA, whether such Claims are known, unknown or incapable of being known at the date of this agreement.
15. Bar to action. You will not sue or take any action whatsoever against PRA, in respect of any matter howsoever arising, concerning or relating in any way to any adopted pet, other than a claim arising from a breach of this agreement. PRA may plead this agreement in bar to any claim brought against it by you or any person on your behalf.
16. Indemnity. To the extent permitted by law, from the date that any adopted pet is collected by you from PRA, you indemnify PRA against all liability, including a liability for consequential or indirect loss, economic loss or loss of profits, whether present or future, fixed or unascertained or actual or contingent, that may arise directly or indirectly from any of your actions or omissions to act in respect of any adopted pet, any act of any adopted pet, any false information or misrepresentations that you may have submitted on this form or otherwise to PRA, any infectious disease that any adopted pet may at any time have, and any breach by you of this agreement (Liability), except that this indemnity applies only to the extent that PRA is not entitled to be indemnified under another indemnity or is entitled to be indemnified but is not indemnified under another indemnity, including an indemnity in any insurance policy. To the extent that a Liability is satisfied by a person other than you, PRA will, within a reasonable time, repay you the amount referrable to that satisfaction. The indemnity in this paragraph extends to, without limitation, Liability relating to the following matters: (a) excessive barking and droppings; (b) failure to return the adopted pet to PRA in accordance with clause 10 or 11 above; (c) damage to the property or person of any third party; and (d) injury to or loss of the foster pet.
17. Termination. If at any time the right, title and interest in the adopted pet reverts to PRA, other than in respect of any obligations that have until that time accrued, this agreement is terminated.
18. Accuracy of information given. You warrant that the information you have provided in this form is accurate to the best of your knowledge and belief.
19. Applicable law. The law of Western Australia governs this agreement.
20. Severance. If a provision of this agreement is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of this agreement. The remaining provisions of this agreement remain in full force and effect.
21. Variation. Any variation to this agreement must be in writing and signed by both parties. As you are submitting an electronic copy of this form, please type your full name in the space below. By typing your full name in the space below, you acknowledge that you understand and agree with the terms and conditions set out in this document.
Please write your signature or type your full name into a space below. By writing your signature or by typing your full name in the space below, as applicable, you acknowledge that you understand and agree with the terms and conditions set out in this document.