A. Subject of agreement.
This adoption 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 ___________________ (“Adopter”), the person or persons agreeing to take possession
of the below-described dog (“the dog”) under the terms and conditions of this Agreement. The parties
acknowledge Adopter’s desire to enjoy possession and custody of the dog, and Owner’s desire to provide the
dog to Adopter while retaining certain rights in the dog after transfer, and they execute this agreement to
allow Owner and Adopter to identify the equitable and legal rights of possession and care.
B. Nonrefundable expense reimbursement.
Adopter agrees to reimburse Owner the non-refundable sum of $ ___________for veterinary expenses, training expenses, foster expenses, and administrative expenses incurred by Owner, payable by a deposit of $_____________, with the balance of $_______________ to be paid by ______________.(date)
Total Paid (Adoption Fee & Donation)*
C. Care and safety obligations; expenses as Adopter’s responsibility.
1. Adopter agrees to provide shelter and exercise for the dog; protect it from abuse, neglect, exposure to danger, mistreatment, or loss; maintain a diet for the dog suited to age and condition; regularly groom the dog; follow a reasonable regimen of veterinary care as recommended by a licensed veterinarian; provide any preventive or emergency veterinary care needed; and assume responsibility for all health conditions.
2. Adopter agrees to use only positive training methods and seek the services of positive trainers or behaviorists should the need to seek out further help for behavioral and/or training advice.
3. Adopter agrees to ensure an identification tag with Adopter’s contact information is on the dog’s collar at all times.
4. Adopter agrees to license the dog at the county in which Adopter resides within 30 days of the execution of this agreement.
5. Adopter agrees to be responsible for all expenses related to the dog subsequent to execution of this Agreement, including, but not limited to, veterinary care, vaccinations, boarding, training, behavioral analysis, and food.
6. Adopter agrees to spay or neuter the dog by the date of __________________, and, within five days of doing so, provide Owner with a spay or neuter certificate confirming that such has been done. (enter date of spay/neuter)
D. Contact and supervision; Owner’s rights of interaction and return; restrictions on conveyances.
1. Adopter agrees to provide, for the life of the dog, accurate information as to the dog’s residence, and to promptly inform Owner of any material changes.
2. Adopter agrees to allow Owner to interact with the dog upon reasonable advance request, to allow Owner to reclaim and remove the dog upon any violation of this agreement, and to immediately surrender the dog upon demand, promptly provide Owner with all appropriately executed papers sufficient to legally transfer the dog back into Owner’s name, and waive all actual or potential claims against Owner for costs of care previously provided, if reclaiming the dog becomes necessary.
3. In case such removal becomes necessary, Adopter agrees to immediately surrender physical custody of the dog upon demand and to make no claims against Owner for costs of care previously provided. Adopter shall be responsible for all costs and attorney fees incurred in Owner recovering possession.
BY EXECUTING CONDITION D.2 ABOVE, ADOPTER CONSENTS TO OWNER’S PRESENCE ON PREMISES WHERE THE DOG 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. Please Initial Here*
3. Adopter agrees to not transfer or attempt to transfer ownership or custody of the dog to any other. If circumstances compel the dog to be placed in another’s care, Adopter shall contact Owner immediately to inform it of the situation, and to not transfer custody of the dog to any other entity without Owner’s prior consent. If for any reason Adopter is unable to keep the dog, Adopter agrees to contact Owner immediately to inform it of that condition, and agrees to Owner’s rights of first refusal to have the opportunity to recover the dog at Owner’s discretion prior to Adopter relocating the dog. Please Initial Here
E. Acceptance of previous history; no reliance on warranties as to condition; hold harmless.
1. Adopter expressly acknowledges that the dog may have previously bit, harmed, or acted aggressively towards others, and takes the dog with that knowledge.
2. Adopter agrees that no representations or warranties have been made by Owner, nor may be relied upon, relating to: breed of the dog; safety of the dog; the dog’s current or future physical condition; the dog’s harboring of disease or infection; the dog’s propensity to bite, menace, or attack; the dog’s temperament; the dog’s previous health or behavioral history; or the dog’s compatibility with humans or animals.
3. Owner represents that it has vaccinated the dog against the most common canine communicable diseases as well as obtained a health certificate from a licensed veterinarian as to the dog, and that the dog has received either full vaccinations presumed to be effective either for one year from the date of vacation or as age appropriate, but the parties agree that no guarantee of health is made by Owner nor may be relied upon by Adopter, and Adopter holds Owner harmless and agrees to indemnify Owner for any wrongdoing or harms, or claims for wrongdoing or harms, which may arise from actions taken by the dog or from actions by either party related to the dog. Please Initial Here
F. Conditional return for incompatibility.
1. If for any reason the dog fails to adjust to its new environment in any material respect within a 10-day period from the execution of this agreement, or if Adopter decides to not keep the dog, Adopter agrees to return the dog to Owner.
2. Owner will not be responsible for any costs or expenses incurred by Adopter in the return and shall be provided reasonable notice and cooperation of Adopter in returning the dog. Adopter agrees to promptly provide Owner with all appropriately executed papers sufficient to legally transfer the dog back into Owner’s name if necessary.
G. Dispute resolution; applicable law; attorney fees; liquidated damages.
The parties shall make every reasonable effort to resolve disputes over this Agreement first by private mediation, the costs for which shall be borne by each equally. This agreement shall be governed by the laws of the State of Oregon, and the parties hereby consent to personal jurisdiction in Multnomah County. In the event of any court action, including arbitration, Owner shall be entitled to all costs and reasonable attorneys fees related to enforcing the agreement. Adopter agrees to pay liquidated damages of $2500.00 to Owner for any intentional breach and shall confess judgment against themselves and in favor of Owner in that amount, authorize any attorney to appear in any court of record of any state in the United States and enter such judgment against Adopter, without response, objection, refutation, or hearing, waive the issuance and service of process, and waive all rights of review or appeal of such judgment. Please Initial Here.*
The undersigned state that they have carefully read this agreement in its entirety, that no promise, inducement, or agreement not herein expressed has been made to them, and that they voluntarily and knowingly accept its terms and provisions. Adopter name and signature Please Sign and date
Owner representative’s signature (Pawsitively Saved Representative) and Date*
Pawsitively Saved Rescue | 2771 E 9th St, Suite D Newberg, OR 97132 |
(503) 780-1294 | firstname.lastname@example.org