Adopter Contract
(Reference Only)
I, {{Adopter Full Name}}, the undersigned, do enter into this adoption contract (this “Agreement”) with Muddy Paws Rescue, Incorporated (“MPR”) in respect of the dog known as {{Dog Name}} with microchip number {{Chip Number}} (“Dog”). I acknowledge that I am aware of, understand, and agree to the following:
1. The Dog shall be kept only as a domesticated house pet. The animal shall be kept indoors except for periods of exercise in a fenced-in yard, dog run, or on a leash. At no time will the Dog live outside. The Dog’s appearance shall not be altered (declawing, tail docking, ear cropping), unless deemed medically necessary. It will not be used or trained as an attack or guard animal or sold or used for the purpose of scientific research or experimentation. I agree to keep a collar, an identification tag, and a current rabies tag and dog license on the Dog at all times.
2. I understand that animals are different from human beings in their responses to human actions, and the actions of the animals and their behavior are often unpredictable, particularly when their environment changes. I agree to always supervise the Dog when it is with children, home visitors or people unfamiliar to the Dog. I UNDERSTAND AND ACKNOWLEDGE THAT MPR MAKES NO CLAIMS OR REPRESENTATIONS OR WARRANTIES (EITHER EXPRESS OR IMPLIED) AS TO THE TEMPERAMENT, BEHAVIOR, HEALTH OR MENTAL DISPOSITION OF THE DOG.
3. I understand that training is critical and that training, along with proper time for decompression, consistency, and structure, can ease the Dog’s transition into my home. I agree to make every effort to enroll the Dog in a suitable training class as soon as possible, or engage a trainer to address any behavioral issues that might arise after I adopt the Dog.
4. I hereby accept possession of, right to, title to and responsibility for the Dog and hereby release and discharge MPR forever from any liability for any injury or damages to any person or property caused by the Dog, and from any causes of action, claims, suits or demands whatsoever that may arise as a result of such injury or damages, including instances involving the negligence of MPR. I agree to indemnify MPR from any such liability, causes of action, claims, suits or demands. I understand that I am responsible for all costs associated with caring for the Dog as of the date of this Agreement even if the costs are associated with treating a pre-existing medical or behavioral condition. I agree that the above release and indemnity provision is intended to be as broad and inclusive as permitted by law.
5. I certify that neither I nor any member of my household has ever been subject to or convicted of any animal welfare law violation such as neglect, cruelty, abandonment, etc. nor have I 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. MPR reserves the right, at any time, to reclaim the Dog in the best interest of its welfare if, in MPR’s sole discretion, the Dog is abused, neglected, mistreated, or denied medical care, or I, the adopter, do not comply with this contract or fail to comply with local, county, or state laws regarding animal ownership.
6. I agree to bring the Dog to a veterinarian within 14 days of adoption or as soon as possible given veterinary office availability, and I will do so at my expense. I understand that I am fully responsible for payment of any medical or behavioral veterinary care, including known and unknown medical conditions on and after today’s date.
7. I will never bring the Dog to a shelter, release the Dog into the wild, or give the Dog away for the purpose of relinquishing responsibility for it without advance agreement of MPR. I understand and acknowledge that I must immediately notify MPR if I can no longer keep the Dog and that failure to notify MPR under this provision constitutes a breach of this Agreement and may result in legal action against me. I understand and acknowledge that MPR has sole discretion as to whether they can accept the Dog back into their care, and that the timing of such a return would be dependent on the availability of a suitable volunteer foster home for the Dog. I further acknowledge that it is my responsibility to hold the Dog until such time as MPR can accommodate a physical return and that I must physically bring the Dog to an MPR representative.
8. I understand that the adoption fee is not refundable under any circumstances, and that any partial or total refunds of the adoption fee shall be at MPR's sole discretion.
9. Liquidated Damages—I understand that MPR has invested a great deal of financial and human resources into the care, treatment and placement of the Dog, and that the actual damages accruing to MPR in the event I fail to comply with the provisions 1, 3, 4, or 7 of this Agreement or any addenda to this Agreement would be difficult to prove with certainty. Accordingly, I agree that in the event of a breach of paragraphs 1, 3, 4, or 7, or any addenda to this Agreement I will be required to pay liquidated damages to MPR in the amount of $2,500, not as a penalty, but as a reasonable estimate by the parties as to the damages resulting from a breach of these such provisions or agreements. In the event that legal action is required to enforce MPR’s rights hereunder, any and all legal fees incurred by MPR to do so, will be paid by me, the adopter.
10. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York. Any disputes under this Agreement shall be resolved in the courts of the State of New York sitting in New York County or of the United State States of America for the Southern District of New York, 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. This Agreement, together with any addendums relating to the aforementioned Dog, embodies the entire agreement of the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. No amendment or waiver of any provision of this Agreement nor consent to any departure by the Adopter therefrom shall in any event be effective unless the same shall be in writing and signed by MPR, and then any such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No failure on the part of MPR to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.