Forgotten Treasures Equine Rescue

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FORGOTTEN TREASURES EQUINE RESCUE
ADOPTION AGREEMENT







ADOPTION AGREEMENT -


This Adoption Agreement (hereinafter “Agreement”) is entered into this ----- day of ------- 200-, by and between Forgotten Treasures Equine Rescue located at 672 Hickory Road, Littlestown, PA 17340 (hereinafter “FTER”) and -----NAME-------------, -----ADDRESS---------------------, Phone (hereinafter “Adopter”).

1. Adopted Animal: The Adopter hereby agrees, pursuant to and in accordance with the terms and conditions as set forth in this Agreement, to adopt and provide care for that horse/pony known as ---------NAME--------------------,
-------SEX, COLOR, MARKINGS-------HEIGHT, WEIGHT-------------, which horse/pony is currently owned by FTER. 

2. Transfer of Adopted Animal:

  A. Continuing Conditions. FTER hereby agrees to transfer ownership of the Adopted Animal to the Adopter, subject to the continuing conditions set forth in this Agreement.

  B. Adoption Fee. The Adopter understands that a non-refundable adoption fee in the amount of ------------------, $----------- shall be made to FTER. This adoption fee must be paid in full before the Adopted Animal leaves the possession of FTER, unless a financial agreement otherwise has been agreed to by FTER and attached to this Agreement.

3. General Adopted Animal Care Requirements: The Adopter will, at his or her own expense, care for and maintain the Adopted Animal. Such required care and maintenance shall include, but shall not be limited to, the following: providing the Adopted Animal with adequate and proper quantities of wholesome feed and fresh water, including but not limited to any specific items or 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, WNV, and any other diseases for which vaccines may be generally recommended in the Adopted Animal’s resident 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.

4. Care Requirements Specific to the Adopted Animal: The Adopter understands that the Adopted Animal may have health limitations due to previous instances of abuse or neglect. FTER hereby provides the Adopter with the health records of the Adopted Animal that were known to FTER at and/or after the time FTER obtained possession of the Adopted Animal, and the specially required medications and nutritional needs of the Adopted Animal. FTER and the Adopter agree that FTER 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 the Adopted Animal.

  A. Health History and Health Problems of Adopted Animal: ----HORSES NAME-------------- is up to date on all vaccinations and worming. She will need to have dental work completed before she is ridden on a regular basis. Please schedule this work as soon as reasonably possible.

  B. Required Medications and Supplements for Adopted Animal: ------HORSES NAME----------------------- should be kept on a -----------------------------------------------------------------------------------------.

  C. Limitations as to Riding Adopted Animal. The Adopter understands that there may be limitations as to the type of riding appropriate for the Adopted Animal. The Adopter agrees to ride the Adopted Animal only in accordance with those limitations in order to ensure that there will be no additional injuries to the Adopted Animal or injuries to the Adopter. Specific Riding Limitations of Adopted Animal: None

  D. FTER strongly disagrees with the breeding of any Adopted Animal.

5. Termination of Agreement by Adopter: If the Adopter is unable or unwilling to care for the Adopted Animal as set forth in this Agreement, Adopter will immediately so notify FTER and allow FTER to pre-screen potential new owners. Under no circumstances shall the Adopted Animal be taken to auction or sold for slaughter. Our goal is to prevent any chance of the Adopted Animal entering the auction circuit or ending up in the hands of a dealer/broker.

6. Remedies upon Breach: FTER Repossession of Adopted Animal. In the event that FTER 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 the Adopted Animal, this Agreement shall be considered null and void. Upon the Agreement being considered null and void, FTER may enter onto the premises and into the facilities where the Adopted Animal is being kept and may retake possession of the Adopted Animal. In the event this Agreement is rendered null and void by the Adopter’s breach of any term of the Agreement, the Adopter shall not be entitled to any reimbursement of any funds whatsoever directly or indirectly related to the Adopter’s possession of the Adopted Animal.

7. Attorney’s Fees and Court Costs. Adopter agrees to pay any and all reasonable attorney’s fees and any and all court costs of FTER in the event any matter arising under this Agreement is forwarded to any attorney for enforcement of FTER’s rights and remedies under this Agreement.

8. Choice of Law: 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 Pennsylvania. The parties hereto shall also consent to jurisdiction of the courts of said state for all purposes and for any disputes arising hereunder.

9. Modifications: This Agreement shall not be modified or amended except by a writing signed unanimously by all of the parties hereto.

10. Severability: If any term of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term shall be valid and enforceable to the fullest extent permitted by law.


11. Assignability: The rights and obligations of this Agreement are not assignable by either party, except upon the written agreement of the parties hereto.

12. FTER reserves the right to do sight checks on all adopted equines every 2-3 months or whenever it is deemed necessary. Prior arrangements will be made with the adopter unless it is felt the animal in question is in distress, then FTER has the right to evaluate the above named equine at their convenience.

 

 

13. 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.

14.I further agree to accept all responsibility for any action or lien resulting from any action, directly or indirectly involving said animal while it is in my care. Therefore, I agree and understand that neither Forgotten Treasues Equine Rescue nor its employees or agents will be liable for any damages or injury caused to me or any third person by the animal once I receive delivery of it, including but not limited to damages or injuries caused by the fact that the animal does not behave or perform in the manner I expected. Further, if any third person makes a claim against FTER or any of its employees or agents as a result of any conduct of the animal after I have taken possession of it, I agree to indemnify and hold Forgotten Treasures Equine Rescue, its employees and agents harmless from any such claim, including costs and attorney's fee resulting from such claim.



15. I will be responsible for returning the horse to Forgotten Treasures Equine Rescue or I will pay all costs involved in their return by an authorized representative of FTER, if I am unable to care for the animal, or if I am found in default of any of the conditions of this agreement. In the event of my death during this agreement, I direct that funds from my estate be used to return the horse herein described to Forgotten Treasures Equine Rescue.



16. If the animal is determined by a veterinarian to be in a debilitated or unhealthy condition on return, I will be responsible for all costs incurred to return the animal to healthy condition. In the event the undersigned fails to comply with the terms of this Application and Agreement, Forgotten Treasures Equine Rescue reserves the right to commence legal proceedings to recover the horse, and the undersigned shall be liable for all costs, inclusive of attorney’s fees, in connection with such legal proceeding.





By my signature below I verify that I have read and understand this agreement and will carry out the provisions as stated herein.





________________________________________________________________

 

 

_witness:(FTER) representative________________________________________________________________