Foster Contract

 

PAWSITIVELY SAVED RESCUE FOSTER CONTRACT

I. RECITALS
 

A. Subject of agreement. This temporary custody or foster agreement (“the Agreement”) dated _________, is entered into by and among Pawsitively Saved Rescue (“Owner”), a dog rescue organization operating in Oregon along with its authorized representatives, and ___________________ (Custodian”), the person or persons agreeing to take temporary custody of the below-described dog (“the foster animal”) under the express terms and conditions of this Agreement.


 

B. Respective rights The parties understand and agree that Owner owns the foster animal, that Custodian does not own the foster animal, and that Owner allows Custodian temporary custody of the foster animal without any transfer or assignment of ownership in the foster animal.
C. Term of Agreement.
This Agreement shall continue in effect until extinguished by any of the following:
1. Owner’s oral or written demand for return and Custodian’s compliance with that demand;
2. Execution of a subsequent written mutual agreement of the parties;
3. The entry of a final court order;
4. Transfer of the dog back into Owner’s exclusive possession, custody, and control; or,
5. Death of the foster animal.

II. CUSTODIAN OBLIGATIONS
A. Daily care and safety. Custodian agrees to
1. Provide adequate shelter and exercise for the foster animal.
2. Obey all laws of the jurisdiction in which the foster animal is kept.
3. Keep the foster animal on a lead or leash at all times when the animal is being walked.
4. Protect the foster animal from abuse, neglect, exposure to danger, mistreatment, and loss.
5. Purchase and use an identifying tag for the foster animal immediately upon transfer.

6. Provide the foster animal with adequate and sanitary housing and grounds.
7. Maintain the foster animal indoors with access to an outdoor area.
8. Provide basic training and housetraining.
9. Under no circumstances leave a child unattended with the foster animal.
10. Confine the foster animal in a crate or separate room while the dog is eating or sleeping if there is a minor in the household under the age of ten.
11. Refrain from allowing any person under the age of 10 to walk the foster animal unless supervised by an adult.
12. Other than any special instructions by a veterinarian, maintain a diet for the foster animal suited to the age and condition of the animal and regularly groom the foster animal.

 

B. Reporting and rights of repossession. Custodian agrees to provide regular reports to the Owner about the status of the foster animal via e-mail or phone call, including providing accurate and updated information as to the foster animal’s condition, and promptly inform Owner of any material changes in residence. Custodian agrees to allow the Owner to physically observe the foster animal to monitor progress and compliance and to permit the Owner’s representative to inspect the premises in which the foster animal is kept. The inspection shall be following reasonable written notice by Owner to Custodian of at least 24 hours and limited to determining that the animal is being cared for in a reasonable manner consistent with this agreement.


Custodian agrees to allow Owner to reclaim and remove the animal for any reason, including but not limited to, violation of this agreement. In case such removal becomes necessary, Custodian agrees to immediately surrender physical custody of the foster animal upon demand and to make no claims against the Owner for costs of care previously provided. Custodian shall be responsible for all costs and attorney fees incurred in the Owner recovering possession.

BY EXECUTING CONDITION II.B ABOVE, CUSTODIAN CONSENTS TO OWNER’S PRESENCE ON PREMISES WHERE THE FOSTER ANIMAL IS KEPT AND WAIVES ALL RIGHTS OTHERWISE ASSERTABLE AS TO OWNER’S PRESENCE ON THE PROPERTY, INCLUDING RIGHTS RELATING TO TRESPASS OR RESTRICTION TO ACCESS.

C. Restriction onboarding and conveyances. Custodian agrees to not board the foster animal without the Owner’s permission and do not transfer or attempt to transfer ownership or custody of the foster animal to any other. If circumstances compel the foster animal to be placed in another’s care, Custodian shall contact the Owner immediately to inform it of the situation.

D. Acceptance of the previous history; no reliance on warranties as to condition. By executing this Agreement, Custodian expressly acknowledges that the foster animal may have an unspecified history of having bitten, harmed, or acted aggressively towards others and takes temporary custody of the foster animal with that knowledge.

 

Custodian agrees that no representations or warranties have been made by Owner, nor may be relied upon by Custodian, relating to the safety of the foster animal; to the foster animal’s current or future physical condition; to the foster animal’s harboring of disease or infection; to the foster animal’s propensity to bite, menace, or attack; to the foster animal’s temperament or disposition; to the foster animal’s previous health or behavioral history; to fertility; to genetic composition or potential; or to the foster animal’s compatibility with humans or other animals.

 

E. Release and hold harmless. By executing this Agreement, Custodian agrees to release Owner from all claims, actual or potential, which arise from Custodian’s or other entities’ interactions with the foster animal of any type or manner, and to hold harmless and indemnify Owner for any wrongdoing or harms, or claims for wrongdoing or harms, which may in the future be brought arising from actions taken by the foster animal itself, or from actions by either party subsequent to the execution of this Agreement related to the foster animal.

 

III. OTHER CONDITIONS A. Dispute resolution. The parties shall make every reasonable effort to resolve disputes over this Agreement first by an informal discussion between themselves with or without the assistance of a mediator, and then by private binding arbitration with the Arbitration Service of Portland (ASP), the costs for which shall be borne solely by Custodian. The parties agree that Owner is entitled in arbitration to seek both compensatory and/or

 

3 injunctive relief, including for orders enjoining abuse or neglect or ordering return of the foster animal, and that Custodian will comply fully with any order by the arbitrator in that regard as if it had the same effect and force as the order of a court of competent jurisdiction.

 

B. Applicable law; attorney fees. This Agreement shall be governed exclusively by the laws of the State of Oregon. Any and all civil actions or proceedings, including through the ASP, shall be brought in Multnomah County, Oregon, and all parties hereby consent to personal jurisdiction in that county and state. In the event of any court action, including arbitration, the Owner shall be entitled to all costs and reasonable attorney fees related to enforcing the Agreement.

 

C. Assignment and binding nature; entire agreement; severability. This Agreement shall not be assigned by Custodian to any third party. Nothing in the Agreement shall confer on Custodian any rights, remedies, obligations, or liabilities not stated. The pages of the document represent the complete agreement and supersede any and all previous agreements, oral or written. The parties have reviewed the handwritten or typed entries in the spaces provided for and accept them as written or typed. If any provision of this Agreement is determined to be invalid, illegal, or enforceable to any extent, the remainder shall not be affected and shall be enforceable to the fullest extent permitted by law. To the extent that any provision of this Agreement is so prohibited or deemed ineffective, this Agreement shall be considered amended to the smallest degree possible in order to make the balance of the Agreement effective.