1. Surrender & "Right of First Refusal" Clause:
Adopters explicitly agree that if they can no longer care for the pet, they will contact Southern Hearts Rescue for assistance with rehoming the animal.
2. Medical Grace Period Disclosure:
Southern Hearts Rescue has vetted all animals prior to adoption. If an animal shows symptoms of illness within the first one week of adoption, they will be responsible for taking in the animal and taking care of the vetting bills and medical assistance prior to returning the animal to the adopter.
An adopter that does not inform Southern Hearts Rescue of medical issues in an adopted pet cannot hold Southern Hearts Rescue as responsible for any long term after effects, illnesses or death.
Acknowledgement by the adopter that the rescue cannot guarantee the long-term health, temperament, or behavioral history of the animal after the initial three week medical grace period.
3. Care Requirements
The adopter promises to provide adequate food, veterinary care, shelter, and to abide by local leash and licensing laws.
4. Release:
The Adopter hereby assumes responsibility and ownership of the animal at the Adopter's own risk. The Adopter, and the Adopter’s spouse, heirs, executors, personal representatives and assigns, covenant not to bring a claim or suit against, and hereby releases Southern Hearts Rescue or any of its directors, founders, employees, officers, agents, representatives, contractors, volunteers, and/or its successors and assigns (collectively, the “Releasees”) from all liability arising from, the adoption or behavior or activities of the animal. The Adopter understands that this Agreement discharges the Releasees from any liability to the Adopter and the Adopter’s spouse, heirs executors, and assigns, with respect to bodily injury, personal injury, illness, amputation,
scarring, death, property damage or other loss that may result from the adoption or behavior or activities of the animal. The Adopter releases Southern Hearts Rescue and discharges the Releasees from any liability for Southern Hearts Rescue's own negligence or liability that may result in bodily injury, personal injury, illness, amputation, scarring, death, property damage or other loss to the Adopter or any third party. The Adopter hereby agrees that Southern Hearts Rescue may use any photograph of the Adopter and the animal taken by Southern Hearts Rescue or its agents or provided by the Adopter to Southern Hearts Rescue, in promotional materials,
consents to Southern Hearts Rescue's use of the Adopter’s likeness in such promotional materials, and specifically releases Southern Hearts Rescue from any claim arising out of Southern Hearts Rescue's use of the Adopter’s likeness or photographs of the Adopter in such promotional materials; provided, however, that the Adopter may specifically revoke such consent, in part or in whole, at any time upon written notice to Southern Hearts Rescue.
5. Indemnity:
The Adopter, and the Adopter’s spouse, heirs, executors, personal representatives, and assigns, agree to indemnify and hold the Releasees harmless for all bodily injury, personal injury, illness, amputation, scarring, death, property damage or other losses, including attorney’s fees and costs of litigation, that result to anyone else or any other entity because of the Adopter’s negligence or liability. This includes lone acts or omissions by the Adopter as well as the combined acts of the Adopter with others.
6. The Adopter expressly agrees that the release and indemnity provisions in Section 4 and 5 of this Agreement, respectively, are intended to be as broad and inclusive as permitted by law. The Adopter agrees that in the event that any clause or provision of this Agreement shall be held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement and the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions.
7. The Adopter acknowledges that monetary damages for a breach of this Agreement may be insufficient, and Southern Hearts Rescue may seek specific performance of this Agreement. Furthermore, the Adopter agrees to
pay for ALL legal and/or court expenses should this contract be violated and it becomes necessary for Southern Hearts Rescue to pursue legal avenues to repossess the animal or to take ANY legal action for violation of this
contract. For legal purposes, the value of the pet is no less than $1,000.
8. Adoption Fee:
Each of the parties hereto understands and agrees that the adoption fee includes the cost of any spay or neuter procedures.
9. The Adopter will allow Southern Hearts Rescue to make inquiry about and enforce any of the conditions and requirements of this Agreement at any time after adoption.
10.The Adopter is able to provide proof that (s)he is eighteen (18) years of age or older.
11. The Adopter agrees to care for the animal in a humane manner and be a responsible animal guardian. This includes:
Freedom from hunger or thirst by ready access to fresh water and a diet to maintain full health and vigour;
Freedom from discomfort by providing an appropriate environment including shelter and a comfortable resting area;
Freedom from pain, injury or disease by prevention or rapid diagnosis and treatment;
Freedom to express (most) normal behavior by providing sufficient space, proper facilities and company of the animal's own kind;
Freedom from fear and distress by ensuring conditions and treatment which avoid mental suffering.
12. The Adopter agrees to adopt the animal voluntarily, with full knowledge of the aforementioned medical and/or behavioral and/or dietary condition(s), and acknowledges that (s)he has had ample opportunity to research and discuss such condition(s).
13. The Adopter hereby assumes and accepts full and complete responsibility for the animal and its medical and/or behavioral and/or dietary condition(s), as applicable, and will follow up with any and all necessary care, related or unrelated to such condition(s), at the Adopter’s own expense.
14. The Adopter represents that neither (s)he nor any member of his/her household has ever been subject to or convicted of any animal welfare law violation such as neglect, cruelty, abandonment, etc. Furthermore, the
Adopter represents that neither (s)he nor any member of his/her household has ever owned an animal that has been confiscated by any animal control or humane organization for any violation of state or local animal control
regulations or animal adoption agreements. The Adopter shall ensure that the animal is treated in accordance with all applicable laws, rules and regulations of the United States, and the State of Arkansas, and the City of your inhabitants.
15. If for any reason the Adopter is or may be unable to provide care to the animal, (s)he agrees to inform Southern Hearts Rescue of the same. Returns will be discussed on a case-by-case basis, and will not give refunds for any animal returned.
16. The Adopter agrees that Southern Hearts Rescue shall have the right of immediate possession of the animal if, in the judgment of Southern Hearts Rescue, the animal is receiving inadequate care, is being improperly housed or handled.
17. The Adopter hereby declares that (s)he is aware of the following:
Animals are different from human beings in their responses to human actions.
The actions of animals are often unpredictable.
An animal’s behavior may change at any time, including after it leaves the shelter and becomes accustomed to a home or other different environment.
Southern Hearts Rescue makes no representation or warranty as to the history, temperament, health, age, breed, gender, mental disposition or any other quality or characteristic of any animal put up for adoption.
18. Any signature (including any electronic symbol or process attached to, or associated with, this Agreement and adopted by a party hereto with the intent to sign, authenticate or accept such contract or record) hereto or to any other agreement or document related to this Agreement, shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the Arkansas Uniform Electronic Transactions Act (UETA), or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.
19. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arkansas. Any disputes under this Agreement shall be resolved in the courts of the State of Arkansas sitting in Saline County or of the United States of America for the Western District of Arkansas, and, by execution and delivery of this Agreement, each party hereby accepts for itself and in respect of its property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts. The parties hereto hereby irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that any of them may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions.