RiverForth AustralianCattle Dogs 

Up
Rescue/acdagree.PDF  

AUSTRALIAN CATTLE RESCUE, INC. ADOPTION AGREEMENT
Adopted Dog's Registered Name ___________________________ Call Name
_______________
Color ____________________________________ Sex _______ Age ______ Weight
_________
Tattoo Number _______________________ Microchip Number
__________________________
Identifying Marks
________________________________________________________________
1. Parties
1.1 Australian Cattle Dog Rescue, Inc., a California State nonprofit
public benefit corporation, is hereinafter referred to as
the "Corporation" in this adoption agreement. The Corporation includes
that organization and all of its affiliates and related
entities including, but not limited to, these organizations officers,
directors, committee members, members, employees, agents,
heirs, successors and assigns.
1.2 Adopter is the person or persons identified as the adopting parties
below, together with their agents, heirs, successors and
assigns.


2. Adopter's Obligations
2.1 RETURN. The Corporation retains the right to re cover the adopted
dog from the Adopter if:

. the adoption is not satisfactory to the Adopter,
. in the Corporation's sole judgment, recovery would be in the best
interests of the adopted dog,. the Adopter fails to comply with the provisions of this adoption agreement,
. the Adopter at any time misrepresents to the Corporation matters which
are material to the welfare of the adopted dog,
. the adopted dog is found, in the Corporation's sole judgment, to be
unsuitable for this adoption, or
. the Corporation is legally obliged to recover the adopted dog from
this adoption.
2.2 REFUND. If a return takes place prior to two weeks from the adoption
and the adopted dog is in good or better mental and
physical condition as on the date of the adoption, there shall be a full
refund of the adoption fee. There shall be no refund after
two weeks.
2.3 TRANSFER OF OWNERSHIP . The adopted dog shall not be transferred
to any other person, firm, corporation,
organization, or other entity, for any reason whatsoever but shall be
returned to the Corporation rescue committee member.
2.4 TRAINING. Under no circumstances shall the adopted dog be
protection, attack trained, or allowed to be used as a guard
dog for an y agency, firm, corporation , or organization. Obedience
training is highly recommended . THE ADOPTED DOG
SHALL NOT BE MAINTAINED OUTSIDE AS A YARD DOG. The primary and ONLY function of the adopted dog is that of a companion. The Adopter shall allow reasonable inspection of the adopted dog and its housing for the life of the
adopted dog. The Adopter shall provide a current ad dress and telephone number to the rescue committee member for the life of the adopted dog.
2.5 PRO PER OWNERSHIP . The Adopter shall take the adopted dog to a
Veterinarian familiar with Australian Cattle Dog temperament, within three (3) calendar days from the date of adoption for a physical examination. The Adopter shall provide written proof of the required physical examination to the rescue
committee member. The adopted dog shall be placed on an inoculation program established by the Veterinarian. The Adopter shall provide food, water, shelter, protection, and any medical care needed for the life of the adopted dog.
2.6 IDENTIFICATION. The adopted dog shall wear identification and
license (if required by local law) tags at all times.
2.7 LOSS. If the adopted dog is lost o r stolen, the Adopter shall notify the rescue committee member immediately.
2.8 Adoption Fee. The Adopter shall pay the Corporation an adoption fee
in the amount of $ 100     when this adoption agreement is executed.


3. Information about the adopted dog. As a courtesy to the Adopter, the
Corporation has furnished the Adopter with limited
information about the adopted dog. The Corporation has no reason to
believe this information is false, however, the Corporation cannot and does not represent that such information is accurate. The Adopter may not and is not relying upon the accuracy of the information supplied by the Corporation in entering into
this adoption agreement. Instead, the Adopter has fully and freely examined the adopted dog and has based the decision to adopt upon its own evaluation of the adopted dogs character and condition. 


4. Warranties and liabilities.
4.1 Release . In consideration of the Corporation's transfer of the
ad opted dog to the Adopter, the Adopter agrees that it, its
assignees, heirs, distributees, guardians, and legal representatives
forever releases and shall not make a claim against, sue, or
attach the property of the Corporation for any actions, causes of
actions, suits, liabilities, claims, demands, damages or causes
of any kind or nature whatsoever, whether presently existing or arising
in the future, whether known o r unknown, which arise
out of or are based upon any fact, matter, claim or thing involving this
adoption or the adopted dog .
4.2 Liability to third parties. The Adopter agrees to indemnify and
defend the Corporation against and save the Corporation
harmless from any and all demands, claims, causes of action, or
judgments, and any and all expenses (including, without limitation,
attorneys fees) incurred in investigating or resisting the same, for
injury to person, loss of life, or damage to property occurring 

Page 1 of 2


Page 2 of 2
during the term of this adoption agreement and until all applicable
statutes of limitation expire, arising out of any act, omission, or
neglect of the Corporation.
4.3 Disclaimer of Uniform Commercial Code warranties. THE ADOPTED DOG IS
FURNISHED TO THE ADOPTER AS IS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, GUARANTEE OR WARRANTY CONCERNING
ITS PERFORMANCE OR CONDITION. ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY THE CORPORATION AND WAIVED BY THE ADOPTER.


5. Waiver of Jury Trial; Attorney Fees. If any party commences
litigation against any other party for the specific performance of
this adoption agreement, for damages for the breach hereof or otherwise
for enforcement of any remedy hereunder, the parties
waive any right to a trial by jury and, in the event of any commencement
of litigation, the prevailing party shall be entitled to costs
and attorneys fees in any action or proceeding arising out of this
adoption agreement and/or in any action or proceeding to enforce a
judgment based on a cause of action arising out of this adoption agreement. All litigation shall be filed and prosecuted in the State of California, Los Angeles Judicial District.
6. Entire agreement and waiver. This adoption agreement constitutes the
final, complete and exclusive statement between the parties to this adoption agreement and supersedes all prior and contemporaneous understandings or agreements of the parties, and is binding on and inures to the benefit of their respective heirs, representatives, successors and assigns. Neither party has been
induced to enter into this adoption agreement by, nor is either party
relying on any representation or warranty outside those
expressly set forth in this adoption agreement. Any agreement made
after the date of this adoption agreement is ineffective to
modify, waive, or terminate this adoption agreement, in whole or in
part, unless that agreement is in writing, is signed by a
Corporation board member and the Adopter, and specifically states that
agreement modifies this adoption agreement.
7. Governing law and severability. This adoption agreement shall be
governed by, and construed in accordance with, California
law. If any term or provision of this adoption agreement is, to any
extent, held to be invalid or unenforceable, the remainder of this
adoption agreement shall not be affected, and each term or provision of
this adoption agreement shall be valid and be enforced to
the fullest extent permitted by law. If the application of any term or
provision of this adoption agreement to any person or
circumstances is held to be invalid or unenforceable, the application of
that term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be
affected, and each term or provision of this adoption
agreement shall be valid and be enforced to the fullest extent permitted
by law.
8. Captions. Captions to the sections in this adoption agreement are
included for convenience only and do not modify any of the
terms of this adoption agreement.
________________________________________________
Contract Date
________________________________________________
Australian Cattle Dog Rescue, Inc., (Rescue Committee
Member)
________________________________________________
Adopter's Address
________________________________________________
Adopter's City
________________ __________________
Adopter's State Adopter's Zip Code
________________________________________________
Adopter's Home Telephone
________________________________________________
Adopter's Work Telephone
________________________________________________
Adopter's Name (Please PRINT)
________________________________________________
Adopter's Signature



For Acrobate Adobe print version click here: Rescue/acdagree.PDF

question? email to:pjenn@io.com