Pittie Posse Adoption Contract

Adopter Information

Adopter Name

Address

City, State Zip Code

Phone

Drivers License

Animal Information

Animal Name

Sex

Male Female

Age

This Adoption and Release of Liability Agreement (“Agreement”) is entered into by and between Pittie Posse Rescue and Sanctuary, a Maine Nonprofit Organization with a primary location in Saco, Maine 04072 (“Pittie Posse”) and the above named Adopter as of with respect to the Animal described above (the “Animal”). Each Pittie Posse and Adopter may hereafter be referred to individually as a “Party” and collectively as the “Parties.”

In consideration for the Adoption Fee provided above, the receipt of which is hereby acknowledged, the Parties agree as follows:

1. INITIALS. Adopter confirms acknowledgment and acceptance of each section of this Agreement by typing their initials beside each respective section.

2. AGE OF MAJORITY. Adopter is eighteen (18) years of age or older and has provided sufficient, government issued identification providing Adopter’s current address.

3. RESIDENTIAL STATUS. a. Adopter owns home or b. Adopter rents residence and has been given consent and confirmation by their landlord to adopt the Animal

4. ADEQUATE FOOD AND WATER. Adopter agrees to provide adequate food in accordance with the guidelines provided by Pittie Posse, as the Parties mutually agree is in the best interest of the Animal. Adopter further agrees to provide the Animal with adequate water in terms of both quantity and safety. Adopter understands and accepts that stagnant, frozen, or water that is otherwise deemed unsafe or undrinkable is not sufficient and shall constitute a breach of this Agreement.

5. SHELTER. Adopter agrees to provide Animal with Adequate Shelter. For purposes of this Agreement, “Adequate Shelter” shall mean easily accessible shelter and safety from natural elements including but not limited to direct sunlight, temperatures exceeding eighty (80) degrees Fahrenheit, heavy rain, heavy wind, snow, and temperatures below fifty (50) degrees Fahrenheit. Failure to provide Adequate Shelter at any time shall be a breach of this Agreement.
a. Automobiles. Notwithstanding the foregoing, Adopter acknowledges and agrees that any automobile is not deemed Adequate Shelter under any circumstance.

6. EXERCISE. Adopter acknowledges that it has received all information regarding appropriate amounts and frequency of exercise required for the Animal and agrees to provide such exercise accordingly.

7. TRAINING.
a. Adopter agrees to register and place all puppies under twelve (12) months of age into an approved formal, Force Free puppy training or obedience program.
b. For purposes of this Agreement, “Force Free” shall mean NO E-COLLARS OF ANY KIND, PRONG COLLARS, FORCED MOVEMENT, OR OTHER NEGATIVE REINFORCEMENT TOOLS OR METHODS OF ANY KIND.

8. REHOMING.
a. Adopter agrees that in the event Adopter determines for any reason or no reason at all that Adopter can no longer or will no longer provide care for the Animal in accordance with this Agreement, than Adopter agrees that Adopter must immediately contact Pittie Posse.
b. “Rehome” for purposes of this Agreement shall mean the sale, trade, gifting, and/or turning over of the Animal to any shelter, or otherwise abandoning the Animal.
c. Adopter agrees that Adopter cannot and will not under any circumstance Rehome or attempt to Rehome the Animal without obtaining prior written consent from an authorized representative of Pittie Posse.
d. Adopter accepts and agrees that Pittie Posse shall at all times retain the right to determine the permanent residence of the Animal and that Pittie Posse is the only authorized party possessing the right to Rehome the Animal.
e. Adopter accepts and agrees that Adopter shall immediately become subject to a one thousand dollar ($1,000.000) fee in the event Pittie Posse discovers Adopter has Rehomed or attempted to Rehome the Animal without obtaining prior written consent from an authorized representative of Pittie Posse.
f. It is agreed between the Parties that said one thousand dollar ($1,000.00) fee is fair and adequate compensation for Pittie Posse’s time and resources used to enforce the terms of this Section 8, and is separate from any other accrued costs including but not limited to attorneys’ fees.

9. ABUSE OR INHUMANE TREATMENT NOT TOLERATED.
a. Adopter agrees to provide a humane environment at all times.
b. Any suspected abuse or other mistreatment of the Animal will be grounds for further investigation and may subject Adopter, other household members or their guests to crimes punishable by law and the immediate relinquishment of the Animal back to Pittie Posse.
c. Notwithstanding the foregoing, Adopter agrees that in the event Adopter suspects, witnesses or discovers any evidence of abuse or mistreatment of the Animal or any other animal or human in the household, Adopter will immediately notify authorities and return the Animal to Pittie Posse until the Adopter is permanently removed from such hostile environment.
d. Failure of any kind to abide by the foregoing will constitute a breach of this Agreement. e. In the event Pittie Posse suspects or discovers any evidence suggesting abuse or mistreatment of the Animal, Pittie Posse will immediately prosecute.

10. LOSS. In the event the Animal’s location is not immediately known to Adopter, Adopter agrees to immediately contact Pittie Posse.

11. TEMPERAMENT.
a. Adopter understands and accepts that Pittie Posse cannot predict the Animal’s reaction to children, other humans or other animals.
b. In the event Adopter observes any behavior giving rise to any concern Adopter shall immediately contact Pittie Posse. c. Adopter agrees that Pittie Posse shall retain the right to determine how such behavior should be addressed. d. Adopter further agrees that in the event Pittie Posse determines the Animal needs specialized training from a Pittie Posse provided trainer, then Adopter shall work with such trainer to address and attempt to resolve such behavior.

12. DECOMPRESSION AND ACCLIMATION. Adopter understands and agrees that the Animal will require significant time to decompress and acclimate to their new home. Therefore, Pittie Posse strongly recommends that Adopter does not introduce any additional new animals to their home within the first six (6) months of adopting the Animal. In the event Adopter would like to add a new animal to their home within said first six (6) months, Adopter agrees to contact Pittie Posse to discuss proper introduction. Adopter further understands and accepts that it may be in the best interest of the Animal to have a Pittie Posse trainer present in the event Adopter must introduce a new animal to the Animal, and therefore agrees to follow the advice of Pittie Posse.

13. MEDICAL. Adopter will be provided the Animal’s medical records within three (3) business days upon Pittie Posse’s receipt of payment in full and upon execution of this Agreement.
a. Rabies.
i. The Animal received its rabies vaccination if it was more than twelve (12) weeks old at the time of entry to the State of Maine
ii. The Animal received its rabies vaccination if it was more than sixteen (16) weeks old at the time of adoption in the State of Maine
b. Alteration.
i. If the Animal has not been spayed or neutered, Adopter agrees to do so within thirty (30) days upon receipt of the Animal. The adoption is not considered final until proff has given that the procedure was completed.
ii. Adopter understands that failure to spay or neuter the Animal will result in Pittie Posse exercising its right to reclaim the Animal.
iii. Adopter understands and agrees that immediately upon having the Animal spayed or neutered, Adopter will provide sufficient proof that such spay or neuter was completed.
iv. Adopter understands that Pittie Posse will pay for the spay or neuter procedure if performed by a veterinarian or clinic of Pittie Posse’s choice upon Pittie Posse’s receipt of proof of the procedure. In the event Adopter elects to have the procedure performed by a licensed veterinarian or clinic of Adopter’s choice, Pittie Posse will only reimburse Adopter a total of fifty dollars ($50.00) upon Pittie Posse’s receipt of proof of procedure.
c. If the Animal is six (6) months or less in age, the Animal is too young to be tested for heartworm, certain tick-borne diseases (including Lyme and Canine Ehrlichia) and others. Some conditions may have an incubation period of six (6) months or more, therefore, Adopter agrees to have the Animal tested six (6) months after adoption.
d. Adopter understands that the Animal has received at least one (1) full set of vaccinations, including the distemper combination vaccination and bordetella vaccination.
e. The Adopter understands that the Animal has received a monthly flea preventative but accepts that no preventative is 100% effective, and that the Animal may still have fleas.
f. Adopter agrees to take the Animal to a licensed veterinarian within thirty (30) days of receipt of the Animal for a general physical examination and to obtain any necessary vaccinations, medications, deworming or additional medical treatment at the sole expense of Adopter.
g. Adopter further agrees to keep the Animal up-to-date on all vaccinations, medications, heartworm preventatives and any and all other health and well-being necessities.

14. COSMETIC SURGERY. Adopter agrees not to subject the Animal to any cosmetic surgery which includes but is not limited to docking of the ears or tails.

15. BREACH. In the event of any action or inaction on the part of the Adopter, or any cause within the reasonable control by the Adopter, resulting in any breach of any term of this Agreement, Adopter agrees that Pittie Posse, holding superior title, shall have the right to immediately reclaim the Animal without any liability on the part of Pittie Posse. Adopter further agrees that in addition to the foregoing, Adopter shall be subject to a one thousand dollar ($1,000.00) fee for any breach of this Agreement concerning the Rehoming, attempted Rehoming, or any cause resulting in the Rehoming of the Animal, in accordance with Section 9 of this Agreement. Any breach of this Agreement shall also subject Adopter to any resulting costs or fees, including attorneys’ fees and court fees, associated with the enforcement of the terms of this Agreement.

16. WARRANTY.
a. Pittie Posse makes no warranties of any kind including but not limited to the health, temperament, habits, disposition, viability, age, or breed of the Animal, the Animal’s response to children, other humans and/or other animals, the Animal’s response to any training, the Animal’s overall size at maturity, the Animal’s expected lifespan or vitality.
b. Adopter further acknowledges and agrees that Adopter is adopting the Animal whose history prior to Pittie Posse’s rescue may be unknown or unavailable, including but not limited to any history of Aggression, abuse, temperament, breed, disease, injury or exposure to contagious illnesses.

17. RELEASE OF LIABILITY. ADOPTER HEREBY WAIVES, RELEASES AND DISCHARGES PITTIE POSSE FROM ANY AND ALL CLAIMS AND DAMAGES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHERWISE WHICH ADOPTER MAY HAVE AS A RESULT OF ADOPTING THE ANIMAL AND RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF PITTIE POSSE. THIS RELEASE IS INTENDED TO DISCHARGE PITTIE POSSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, AFFILIATES, SUCCESSORS AND PERMITTED ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITIES, ACTIONS, CLAIMS DEMANDS, COSTS, OR EXPENSES ARISING FROM ADOPTER’S ADOPTION AND POSSESSION OF THE ANIMAL.

18. ASSUMPTION OF RISK. ADOPTER UNDERSTANDS THAT VARIOUS ACTIVITIES (INCLUDING BUT NOT LIMITED TO THE CARE, TRANSPORT, EXERCISE, AND TRAINING AND TEMPERAMENT OF THE ANIMAL) INVOLVING ANIMALS CAN BE HAZARDOUS IN NATURE AND INVOLVES THE POSSIBILITY OF BEING BITTEN, SCRATCHED, JUMPED ON, DRAGGED OR KNOCKED OVER. KNOWING THE RISKS INVOLVED, ADOPTER HAS VOLUNTARILY APPLIED FOR THE ADOPTION OF THE ANIMAL AND HEREBY ASSUMES ALL RISKS OF INJURY.

19. INDEMNIFICATION. ADOPTER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS PITTIE POSSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, AFFILIATES, SUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY THE “INDEMNITEES”) AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY’S FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, THAT ARE INCURRED BY INDEMNITEE (COLLECTIVELY, “LOSSES”), ARISING OUT OF ANY CLAIM, CAUSE OF ACTION OR LIABILITY (BY A THIRD PARTY OR DIRECTLY BY INDEMNITEE) OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE ADOPTION, CARE, OWNERSHIP, MAINTENANCE, TEMPERAMENT OR CONDITION OF THE ANIMAL, OR THAT MAY ALLEGE (A) BREACH OR NON-FULFILLMENT BY PITTIE POSSE OF ANY REPRESENTATION, WARRANTY OR COVENANT IN THIS AGREEMENT; (B) ANY NEGLIGENT OR MORE CULPABLE ACT OR OMISSION OF INDEMNITEE (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT); (C) ANY BODILY INJURY OR DEATH OF ANY PERSON OR ANIMAL CAUSED BY THE ANIMAL; (D) ANY DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY THE ANIMAL; OR (E) THAT TITLE TO THE ANIMAL BELONGS TO ANOTHER NOT PARTY TO THIS AGREEMENT.

20. RETURN OF THE ANIMAL.
The following events may give rise to the return of the Animal in consideration for a return of the adoption fee, less a twenty-five dollar ($25.00) administrative fee:
a. Adopter returns the Animal to Pittie Posse within the first six (6) months of Adopter’s possession of the Animal and gives Pittie Posse at least seven (7) days prior notice.
b. Adopter returns the Animal as a result of a temperament issue that cannot be resolved in accordance with Section 10, and only after Adopter seeks professional training by a Pittie Posse approved trainer.

21. The following events will result in the immediate return of the Animal to Pittie Posse and Adopter’s forfeiture of the Adoption Fee:
a. Adopter’s action, inaction or cause in Rehoming the Animal
b. Adopter’s return of the Animal when a temperament issue cannot be resolved in accordance with Section 10 and the Adopter does not seek guidance, or seeks the guidance of a trainer, whether professional or otherwise, who is not approved by Pittie Posse.
c. Adopter returns the Animal upon expiration of the six (6) month preliminary period of time. After the initial six (6) month period of time expires, Pittie Posse shall retain the right of first refusal but is not obligated to accept the return of the Animal.
In the event Adopter resides outside of the State of Maine, Adopter shall be responsible for returning the Animal to Pittie Posse within the State of Maine at Adopter’s sole cost.

22. RESERVATION OF RIGHTS. Adopter agrees that Pittie Posse shall at all times retain superior title to the Animal for the express purpose of assuring the Animal’s health and overall well-being. Adopter understands that Pittie Posse will only exercise its superior claim in the event Pittie Posse has reasonable means to believe that the proper and humane care of the Animal, as specified herein, is not being afforded to the Animal, in which case the Animal may be taken through formal proceedings.

23. APPLICABLE STATE LAWS.
a. Adopter acknowledges, understands and agrees at all times to abide by the animal cruelty and neglect laws of the state and locality in which Adopter and the Animal resides.
b. Adopter agrees that failure to abide by federal, state and local animal cruelty and neglect laws will subject Adopter to potential criminal and civil actions, and will further constitute a breach of this Agreement.

24. GOVERNING LAW. This Agreement and all disputes between the Parties arising out of or in connection with this Agreement, the facts or circumstances leading to its execution, or any claims arising out of the transactions covered hereby, whether in contract, tort or otherwise, shall be governed by the substantive laws of the State of Maine, without giving effect to any conflicts of law principles. The Parties unconditionally and irrevocably submit to the jurisdiction of the federal and state courts of the State of Maine and acknowledge that the forum for any proceeding or suit in law or equity arising from this Agreement shall be located in the State of Maine; and Adopter further waives any objection that Adopter may now or hereafter have to the venue of any such proceeding or that such proceeding is brought in an inconvenient forum.

25. ENTIRE AGREEMENT. This Agreement represents the entire understanding between the Parties and supersedes any prior written or oral agreements between the Parties.

BY CLICKING SUBMIT CONTRACT, I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL AND THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.

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