Brevard Alliance Rescuing K9's (B.A.R.K Adoption Contract This agreement is made between B.A.R.K. and the adopter ("adopter" or "you" By signing below, you are acknowledging receipt from B.A.R.K., the dog described within the application. Adopting party must be 21 years of age or older and agree to be bound to and comply with the following terms and conditions:
1. Adoption Donation: To assist us in continuing our rescue work, Adopter agrees to make a non-refundable donation of the amount discussed. This donation is immediately used to pay the ongoing costs of rescuing stray and shelter animals, including food, veterinary care, kenneling costs, behavior training, etc. This contract will serve as a receipt with the donation amount indicated.
2. Spay/Neuter: If this animal has not been sterilized prior to this adoption due to age or physical condition, you agree to enter into a Sterilization Agreement with us to have the dog spayed or neutered in accordance with the Sterilization Agreement.
3. Care of the Animal: You agree that this animal is being adopted as a family member and will be given extensive house privileges; i.e. sleep inside the house, be allowed freedom of the house when the family is home and will NOT be restricted to the yard at any time. You agree to provide the Animal with fresh water, food, adequate outdoor exercise, affection, and shelter. You also agree that the animal will not be used as a guard animal, or for any purpose other than as a companion and friend to you and your family. No alteration to the animal's appearance is permitted (i.e. docking of tails, ears
4. Veterinary Care: You agree to keep all vaccinations current, including but not limited to Rabies, Distemper/Parvo (DHLPP), Bordetella, AND to ensure the Animal receives preventative medication to protect against heartworm if necessary. The animal will have age-appropriate vaccinations by adoption date, and you agree to complete all necessary vaccinations by your private veterinarian after adoption (i.e. Rabies shots if adopted under 4 months of age or any necessary boosters You agree to provide the best available care to the animal in a timely manner. Any veterinary problems that may arise, including serious illness requiring emergency care, a positive heartworm test, or surgery of any kind is your responsibility and you are responsible for all related costs. I have been advised to clean my pet's ears and teeth regularly, and to trim his/her nails. I will discuss this with my veterinarian if I have any difficulties.
5. Safe Environment: Adopter understands that a home visit by a B.A.R.K. representative will be required as a condition of this adoption approval. If adopter has fencing in need of repair or modification in order to ensure the safety and well- being of the dog, you agree to make any necessary repairs prior to allowing adoptee access to the yard. You agree to maintain the security of the fencing in the future to further secure the dog. Adopter understands that gardeners, pool men, contractors and utility workers are not responsible for the safety of the dog, therefore adoptee must be kept indoors when workmen have access to the yard. NOTE: Many dogs are sensitive and scared of loud noises, and you hereby agree to keep the adoptee indoors or in a safe and secure environment on holidays such as July 4th and New Years Eve.
6. Leash/Collar Etc.: You will walk the dog on a leash when on public streets, parks, or other unfenced areas and will never allow the dog to roam free unsupervised. The dog will NEVER be tied up on your property or elsewhere. Adopter understands that restraining a dog by tying it to a fixed post or wire run is illegal. You will not leave the dog crated and/or otherwise confined for extended periods of time.
7. Transportation: The Animal will be properly restrained, preferably using either a secured crate or seat harness when transported in any vehicle. Adoptee will never be transported in the back of an open vehicle or pick-up truck.
8. Lost Animal: You agree to make an immediate and serious effort to find the animal if it becomes lost, by (a) filing lost reports with the local police, animal control authorities, animal shelters, SPCAs and local veterinarians and pet stores, (b) post lost dog signs (c) place lost dog ads in your local paper (d) contact us for additional support and advice. Furthermore, adopter understands that if the loss was the result of negligence or failure to comply with the covenants of this agreement, B.A.R.K. reserves the right not to return the dog and to place adoptee into a new home.
9. No Right to Transfer: If at any time in the future you cannot continue to provide proper care for the Animal, you will not abandon, give, or sell the animal to another person, company, organization, medical research, pound, or animal shelter. You agree to do one or more of the following: (a) obtain approval from B.A.R.K. to transfer the ownership of the dog to a friend or relative. Rescue must approve the new adopter who will be required to sign an agreement similar to this one (b) agree to cover the costs to board adoptee for an agreed-upon time, allowing B.A.R.K. to actively seek a new home and then relinquish the animal to B.A.R.K. when a home is found. Note: Boarding costs are around $30 per day (c) return adoptee to B.A.R.K.
10. Return Policy: If adopter decided to not keep the dog, adopter hereby agrees to return the adoptee to B.A.R.K. Importantly, adopter agrees to give B.A.R.K. ten working days to secure a kennel and will provide safe and loving care of the animal until it is returned. Adopter agrees to safely transport the animal to the determined kennel or veterinarian facility and will return any/all paperwork and supplies provided by B.A.R.K. at that time.
11. Euthanasia: You agree that you may not euthanize the animal except in the case of the animal's terminal illness or injury, or old age accompanied by pain and suffering. In that case, euthanasia must be performed by a licensed veterinarian.
12. Follow Up: Adopter understands and agrees that B.A.R.K. is fully entitled to make follow-up visits or phone calls to ascertain that all covenants and clauses of this agreement are being satisfied. Adopter agrees to communicate with B.A.R.K. during the new pet adjustment period to ensure that a mutually satisfactory relationship is established in the new home. Right to Reclaim: Adopter understands and agrees that B.A.R.K. reserves the right to reclaim adoptee if any of the above conditions are not met to the satisfaction of B.A.R.K.
13. No Warrantee: Adopter understands that an animal can be unpredictable and that B.A.R.K. cannot anticipate or insure against unexpected conduct of an animal adopted from B.A.R.K. Adopter acknowledges that B.A.R.K. has not made any warranties regarding the future condition, temperament, or conduct of this animal. Adopter accepts this animal as is and assumes all risks and responsibilities associated with ownership of this animal.
14. Release & Indemnification/No Liability: Adopter hereby releases B.A.R.K. from any and all liability for personal injury, property damage, legal fees, or veterinary care, or any other expense or liability incurred by Adopter as a result of this adoption. Adopter agrees to indemnify B.A.R.K. from all such claims and to pay, without limitation, any costs related to such injury, damage, or liability, including, in the case of litigation, any attorney fees incurred by B.A.R.K. in its defense.
15. Breach of Agreement: This contract may be specifically enforceable by B.A.R.K. through judicial proceedings, including the right of B.A.R.K. to recover the animal due to any breach of any terms of this contract. Adopter agrees that in the event of a breach in this contract and B.A.R.K. files suit to enforce this contract or to defend any claims under this contract, adopter will pay any court costs and attorney's fees incurred by B.A.R.K. in connection herewith. Any court proceeding will be conducted in Brevard County, Florida.
No modifications, changes, deletions, additions, alterations or omissions may be made to this binding contract without explicit awareness, consent, approval and documentation by the adopting representative and member of Brevard Alliance Rescuing K9's regardless as to who, initiates or executes these modifications. Only an acting member of Brevard Alliance Rescuing K9's or a designated legal representative acting on behalf of Brevard Alliance Rescuing K9's may initiate and execute any such modifications.
If the adopting party is unwilling or unable to complete and sign in the designated areas of this adoption application and agreement, the aforementioned pet will remain the legal and virtual property of Brevard Alliance Rescuing K9's. The adoption donation, if already donated to Brevard Alliance Rescuing K9's, and only that exact amount, may be returned to the adopting party at the discretion of the acting member of Brevard Alliance Rescuing K9's, less any fees that have been incurred by or assessed to Brevard Alliance Rescuing K9's if required or initiated to facilitate the return of the aforementioned pet to the care and legal guardianship of Brevard Alliance Rescuing K9's. Such fees may include, yet not be limited to, transportation, boarding or kenneling fees for the aforementioned pet, or any fees required for legal counsel and/or court proceedings. In the event of such a disagreement or dispute, this contract will be fully binding and enforceable. All efforts will be made to return the aforementioned pet to Brevard Alliance Rescuing K9's as expediently as possible and without undue duress or delay. This application for adoption is null and void as a contract to adopt the aforementioned pet until it is received, reviewed, approved and a signature of final acceptance is conducted by an authorized representative of Brevard Alliance Rescuing K9's. A copy of the final signed document will be provided to the adopting party.
Care Provision as applicable:
Special Behavioral Needs: Adopter understands that the dog has special behavioral issues that have been described to them by B.A.R.K. and agrees to complete obedience training class.
No Other Pets: Adopter understands that the dog is being adopted as an only pet and that other animals may not be safe if brought into the same household-therefore no other pets will be brought into the adopter's household for any reason.
Unenclosed Pools/Spas: Adopter understands that their unenclosed pool or spa may represent a deadly hazard to the dog and agrees not to give the adoptee unaccompanied access to the pool or spa until after Adoptee has been trained to safely exit the pool or spa.
No Children: Adopter understands that the dog may not be kept in a home with children and hereby states that there are no children in their current household and no plans to have or adopt children in the future.
Predators: Adopter understands that the dog is a small dog, especially vulnerable to predators, such as hawks, owls, coyotes, etc., therefore agrees that the dog will never be left outdoors unaccompanied by you or a member of your family.
Sensitive to Loud Sounds: This dog is sensitive and scared of loud noises, and you hereby agree to keep the adoptee indoors or in a safe and secure environment on holidays such as July 4th, New Year's Eve, etc.
Escape Artist: This dog has proved to B.A.R.K. that it can jump a fence. It will never be left alone in a yard unsupervised.
Possessive of Food: This dog has exhibited behavior of protecting its food. The adoptee agrees to feed it separate from all other animals in the home and be careful of taking food away from dog while eating.
I agree to the following: I hereby voluntarily release, discharge, waive and relinquish any and all actions or causes of action for personal injury, property damage or wrongful death occurring to me or third parties as a result of any action or activity of any animal(s) adopted by me from B.A.R.K. It is my intention by this instrument to exempt and relieve B.A.R.K. from ALL liability for personal injury, property damage or wrongful death caused by negligence or otherwise. I hereby agree to hold B.A.R.K. and its claims, judgments directors, officers, agents and/or employees harmless and indemnify them from and against any liability, or expenses I may incur arising out of my adoption of an animal from B.A.R.K. and/or my ownership or care of any such animal thereafter.
I HAVE CAREFULLY READ THE FOREGOING, AND I UNDERSTAND THAT TOGETHER THEY CONSTITUTE A DISCLAIMER OF LIABILITY BY B.A.R.K. AND A RELEASE OF ALL CLAIMS BY ME. I UNDERSTAND THAT I ASSUME ALL RISKS INHERENT IN MY DECISION TO ADOPT AN ANIMAL FROM B.A.R.K. AND ANY RELATED ACTIVITIES.
If any portion of this release is held invalid, it is agreed that the balance hereof shall continue in full legal force and effect. I understand the signature below constitutes a legal signature, confirming that I acknowledge and agree to the above Contract Terms & conditions.