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This contract is entered into this day
of (date) between Royal Equine Rescue & Sanctuary, Inc., a 501(c)3
nonprofit organization (hereinafter referred to as "RERSI") and
(Adopter Name) (hereinafter referred to as "Adopter.") (Adopter
address & contact information).
The
Adopter agrees to the terms and conditions set forth in this
agreement, to adopt and care for the equine known as: Name,Date of
Birth,Sex,Color,Brands,Descriptive Markings,
Scars,Breed,Height,Weight See Exhibit 1 attached hereto for a visual
illustration of the Said Equine and its markings and or tattoos.
RERSI
agrees to transfer ownership of Said Equine to the Adopter subject
to the conditions set forth in this agreement.
Fees
and Refunds
Adopter understands that an adoption
fee in the amount of: (adoption fee dollars insert here), shall be
made payable to Royal Equine Rescue & Sanctuary, Inc. Adopter agrees
to pay for the cost of any prepurchase evaluations or veterinary
exams contracted by the adopter. Adopter knows and agrees that the
adoption fees must be paid on or before the day of delivery/pickup
of Said Equine, unless a financial agreement otherwise has been
agreed to by RERSI and attached to this Agreement.
This adoption
donation may be tax deductible by the Adopter. The Adopter should
consult his/her independent tax advisor to determine deductibility.
A full refund of said adoption fee will be offered for up
to 30 days after adoption. A pro rated portion of the adoption fee
may also be offered at RERSI’s discretion, if Said Equine does not
work out after the 30 day trial period is up. Refunds will only be
offered if Said Equine is returned in the same condition in which
Said Equine left in.
General Care Requirements
Adopter will, at his or her expense
care for Said Equine in a responsible and humane manner. RERSI
guidelines for minimum care of said horse include but are not
limited to: providing the Adopted Animal with adequate and proper
quantities of wholesome feed and fresh water, including but not
limited to any specific items of supplements; safe and adequate
shelter, which shall include at least a stall, run-in shed and
turnout area; proper, adequate and regular exercise; appropriate
hoof care no less often than every six to eight weeks; any required
veterinary attention, including yearly vaccinations of Rabies, EWT,
Rhino, Flu and any other diseases for which vaccines may be
generally recommended by the State from time to time; and treatment
as preventative care against parasites such as de-worming no less
often than every six to eight weeks, and yearly dental care.
RERSI may, at their sole discretion,
require receipt of proof of any and all of the above required
actions. Should the Adopter fail to provide to RERSI such proof
within 30 days, the Adopter shall be considered in material breach
of this Agreement.
Specific Care Requirements
Adopter understands
that he/she will be given a current health record and all known
veterinary records. Adopter will be informed of when Said Equine may
need updated vaccines, worming, dental, and farrier care. The
Adopter understands that Said Equine may have health limitations due
to previous instances of abuse or neglect. RERSI hereby provides the
Adopter with the health records of Said Equine that were known to
RERSI, and the specially required medications and nutritional needs
of Said Equine.
The Adopter understands that there may be limitations as to
the type of riding appropriate for Said Equine. The Adopter agrees
to ride Said Equine only in accordance with those limitations in
order to ensure that there will be no additional injuries to Said
Equine or injuries to the Adopter.
RERSI and the Adopter agree that RERSI makes the
following disclosures as a courtesy to the Adopter and these
disclosures are merely opinions. Nothing herein shall be
construed as a claim, representation or warranty as to the
temperament, health or mental disposition of Said Equine.
Adopter understands that all conditions of Said Equine may not
be obvious, and RERSI cannot know all the details of Said
Equine's history. It is Adopters sole responsibility to
determine if Said Equine is fit for Adopters use. Adopter
acknowledges that Adopter has been advised by RERSI to consult a
licensed veterinarian, and trainer to evaluate Said Equine.
Adopter agrees to accept Said Equine as is.
(specific
requirements for said equine written here)
Location and
Inspection of Said Equine
The Adopter
agrees to notify RERSI upon the execution of this Agreement of
the exact location of the facilities where Said Equine will be
kept.
The Adopter agrees that representatives of RERSI may make
unannounced visits to the facility where Said Equine is kept at
any reasonable time to confirm that the Adopter is providing the
care and maintenance pursuant to and in accordance with the
terms of this Agreement.
In the event that the Adopter should desire to move Said
Equine from the initial facilities of Said Equine to a different
facility after the Adopter assumes possession of Said Equine,
the Adopter agrees to notify RERSI at least 10 business days
prior to the proposed move of the proposed new location of such
new facilities of the Adopted Animal.
In the event that the Adopter should desire to board Said
Equine at any facilities of RERSI, Adopter and RERSI shall enter
into and execute the Equine Boarding Agreement attached.
Adopter agrees
to allow RERSI to publish photographs and updates of Said Equine
in written and/or electronic form.
Health and
Death of Adopted Animal
The Adopter
agrees to notify RERSI and a veterinarian immediately upon the
discovery of any medical problem, except those minor medical
problems that are usual and incident to regular horse/pony
maintenance.
The Adopter agrees to notify RERSI immediately upon
the death of Said Equine, and to provide RERSI veterinary
certification as to the cause of Said Equine's death within 5
business days after such death.
Termination
or Breech of Agreement
If for any
reason the adopter is unable or unwilling to care for Said
Equine as set forth in this Agreement, Adopter will immediately
so notify RERSI and allow RERSI to retain possession of the Said
Equine at the expense of RERSI. Under no circumstances shall
Said Equine be sold for slaughter or sold at auction.
As an alternative to RERSI retaining possession of Said
Equine, the Adopter may propose a suitable third party to assume
the Adopter's obligations under this Agreement, which proposal
of obligation assumption will not be unreasonably denied by
RERSI, but shall be contingent upon: (1) RERSI approval of such
third party after consultation with such third party, which
approval shall be based upon those factors that RERSI uses at
that time to determine suitability of Adopters; and (2)
execution by such third party of an Adoption Agreement. Upon
intent of Sale, assignment, or transfer, Adopter will provide
RERSI in writing with the name, phone number, and address of the
potential owner within 7 days before any sale, assignment, or
transfer of Said Equine is to take place.
In the event that RERSI determines that the Adopter is in
breach of any term of this Agreement, or becomes aware of the
Adopter's involvement with any humane society or animal control
agency, which involvement resulted in a warning or citation for
the inhumane treatment of any animal or Said Equine, this
Agreement shall be considered null and void. Upon the Agreement
being considered null and void, RERSI may enter onto the
premises and into the facilities where the Said Equine is being
kept and may retake possession of Said Equine. In the event this
Agreement is rendered null and void by the Adopter's breach of
any term of this Agreement, the Adopter shall not be entitled to
any reimbursement of any funds whatsoever directly or indirectly
related to the Adopter's possession of Said Equine.
Adopter agrees to pay any and all reasonable attorney's
fees and any and all court costs of RERSI in the event any
matter arising under this Agreement is forwarded to any attorney
for enforcement of RERSI’s rights and remedies under this
Agreement. This Agreement and the rights and obligations of the
parties hereto shall be subject to and shall be construed and
interpreted under the laws of the State of Maryland. The parties
hereto shall also consent to jurisdiction of the courts of
Maryland for all purposes and for any disputes arising
hereunder.
Notices
All notices,
demands and other communications hereunder shall be in writing
and shall be deemed to have been duly given if delivered
personally or if sent registered or certified mail, return
receipt requested, property addressed and postage prepaid as
follows:
RERSI Alyssa C. Taylor, President Royal Equine Rescue & Sanctuary, Inc.
PO Box 310 Bel Air, MD 21014
Adopter agrees to hereby
indemnify and hold RERSI and its offices, directors,
and volunteers, harmless from and against any and all claims,
liability, and expense
in connection with the loss of life, personal injury, and/or damage
to property
arising from the use or care of Said Equine.
(SIGNATURES
PORTIONS DELETED FROM THIS SAMPLE)
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