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ADOPTION AGREEMENT

This Adoption Agreement (hereinafter "Agreement") is entered into this "DayOfMonth" day of "Month", 19"Year", by and between Days End Farm Horse Rescue, Inc., a Maryland Charitable Non-Profit Corporation located at 15856 Frederick Road, Lisbon, Maryland,21765(hereinafter"DEFHR")and "AdoptorName", of "AdopterAddress", (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 "HorseName" (hereinafter referred to as "Adopted Animal), age "HorseAge", sex "HorseSex", color "HorseColor", markings "Markings", scars "Scars", tattoo(s) "Tatoos", approximate height (taped) "TapedHeight", approximate weight (taped) "TapedWeight", which horse/pony is currently owned by DEFHR. See Exhibit 1 attached hereto for a visual illustration of the Adopted Animal and its markings and or tattoos.

  2. Transfer of Possession of Adopted Animal:
    A. Continuing Conditions. DEFHR hereby agrees to transfer possession of the Adopted Animal to the Adopter, subject to the continuing conditions set forth in this Agreement.

    B. Adoption Donation. The Adopter understands that a non refundable adoption donation in the amount of "AdoptionDollarsWrittenOut" and "AdoptionCentsWrittenOut"/100 Dollars "AdoptionAmountNumber" shall be made to DEFHR. This adoption donation must be paid in full before the Adopted Animal is removed from DEFHR premises, unless a financial agreement otherwise has been agreed to by DEFHR and attached to this Agreement. This adoption donation may be tax deductible by the Adopter. The Adopter should consult his/her independent tax advisor to determine deductibility.

    C. Disclosure and Release Agreement. The Adopter must execute the Disclosure and Release Agreement, attached hereto as Exhibit 2, prior to DEFHR allowing the Adopter to remove the Adopted Animal from DEFHR premises.

    THIS AGREEMENT IS NOT AN AGREEMENT OF SALE BUT IS AN AGREEMENT OF POSSESSION. ACCORDINGLY, THIS AGREEMENT DOES NOT TRANSFER ANY TITLE TO OR OWNERSHIP INTEREST IN THE ADOPTED ANIMAL. THEREFORE, AT ALL TIMES, DEFHR RETAINS OWNERSHIP RIGHTS IN AND TITLE TO THE ADOPTED ANIMAL.

  3. General Adopted Animal Care Requirements: The Adopter will, at his or her own expense, care for and maintain the Adopted Animal in strict accordance with existing DEFHR Adopted Animal Care Guidelines, as such Guidelines may exist from time to time. The current guidelines are attached hereto as Exhibit 3. Upon written request by the Adopter to DEFHR, DEFHR will provide to Adopter a current and updated copy of such Guidelines. 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 of supplements set forth in Section 4 below; 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 and any other diseases for which vaccines may be generally recommended in the State of Maryland from time to time; and treatment as preventative care against parasites such as de-worming no less often than every six to eight weeks.

    DEFHR may, at their sole discretion, require receipt of proof of any and all of the above required actions. Should the Adopter fail to provide to DEFHR such proof within five business days after such request is made by DEFHR, then the Adopter shall be considered in material breach of this Agreement, thereby rendering DEFHR's obligation to allow continued possession of the Adopted Animal null and void, and rendering this Agreement terminated in accordance with Section 8 hereto.

  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. DEFHR hereby provides the Adopter with the health records of the Adopted Animal that were known to DEFHR at and/or after the time DEFHR obtained possession of the Adopted Animal, and the specially required medications and nutritional needs of the Adopted Animal. DEFHR and the Adopter agree that DEFHR 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: "HealthHistory"

    B. Required Medications and Supplements for Adopted Animal: "RequiredMedications"
    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: "RidingLimitations"

  5. Location and Inspection of Adopted Animal:

    A. Location of Adopted Animal. The Adopter agrees to notify DEFHR upon the execution of this Agreement of the exact location of the facilities where the Adopted Animal will be kept.

    B. DEFHR Inspection of Adopted Animal. The Adopter agrees that representatives of DEFHR may make unannounced visits to the facility where the Adopted Animal is kept at any reasonable time to confirm that the Adopter is providing the care and maintenance pursuant to and in accordance with the terms of this Agreement.

    C. Change in Location of Adopted Animal. In the event that the Adopter should desire to move the Adopted Animal from the initial facilities of the Adopted Animal to a different facility after the Adopter assumes possession of the Adopted Animal, the Adopter agrees to notify DEFHR at least 10 business days prior to the proposed move of the proposed new location of such new facilities of the Adopted Animal. Any new location of the facilities must be expressly approved by DEFHR prior to the Adopted Animal being moved to the location of such new facilities. The Adopted Animal shall not be removed from the State of Maryland except by written Agreement of the parties, which agreement shall be attached as an addendum hereto, become part of this Agreement and shall set forth specific provisions for DEFHR initial and ongoing inspection and monitoring of such location outside of the State of Maryland.

    D. DEFHR Boarding of Adopted Animal. In the event that the Adopter should desire to board the Adopted Animal at any facilities of DEFHR, Adopter and DEFHR shall enter into and execute the Horse Boarding Agreement attached hereto as Addendum I.

    E. Prohibition on Breeding. The Adopter agrees that under no circumstances will the Adopted Animal be used for breeding purposes.All breed resistration papers are retained by Days End Farm Horse Rescue.

    F. Death of Adopted Animal. The Adopter agrees to notify DEFHR immediately upon the death of the Adopted Animal, and to provide DEFHR veterinary certification as to the cause of the Adopted Animal's death within 5 business days after such death.

  6. Termination of Agreement by Adopter: If for any reason the adopter is unable or unwilling to care for the Adopted Animal as set forth in this Agreement, Adopter will immediately so notify DEFHR and allow DEFHR to retain possession of the Adopted Animal at the expense of DEFHR. Under no circumstances shall the Adopter attempt to or purport to sell, trade, abandon, transfer or otherwise give the Adopted Animal away. Under no circumstances shall the Adopted Animal be sold for slaughter.

    As an alternative to DEFHR retaining possession of the Adopted Animal, the Adopter may propose a suitable third party to assume the Adopter's obligations under this Agreement, which proposal of obligation assumption will not be unreasonably denied by DEFHR, but shall be contingent upon: (1) DEFHR approval of such third party after consultation with such third party, which approval shall be based upon those factors that DEFHR uses at that time to determine suitability of Adopters; and (2) execution by such third party of an Adoption Agreement.

  7. Adopted Animal Medical Problems Arising After Transfer of Possession to Adopter: The Adopter agrees to notify DEFHR and a veterinarian immediately upon the discovery of any medical problem, except those minor medical problems that are usual and incident to regular horse/pony maintenance. Attached hereto as Exhibit 4 is a list of veterinarians that DEFHR considers competent and trustworthy. The Adopter, under no circumstances, shall cause the Adopted Animal to be put down or otherwise humanely destroyed without first consulting DEFHR and a veterinarian.

  8. Remedies upon Breach: DEFHR Repossession of Adopted Animal. In the event that DEFHR 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, DEFHR 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 this 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.

    A. Liquidated Damages. In the event that the Adopter breaches any term of this Agreement and renders this Agreement null and void, and in addition to the repossession rights set forth in the immediately preceding paragraph, the Adopter agrees to pay to DEFHR the sum of Five Hundred and 00/100 Dollars ($500.00) as liquidated damages.

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

  9. 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 Maryland. The parties hereto shall also consent to jurisdiction of the courts of Maryland for all purposes and for any disputes arising hereunder.

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

  11. 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.

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

  13. Paragraph Headings:The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any Section hereof.

  14. 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, property addressed and postage prepaid as follows:
    1. (1) if to DEFHR:
      Kathleen Schwartz, President
      Days End Farm Horse Rescue, Inc.
      15856 Frederick Road
      P.O. Box 309
      Lisbon, Maryland 21765
      with a copy to:
      DEFHR Attorney
      _____________________
      _____________________
    2. if to Adopter:
      "AdoptorName"
      "AdopterAddress"
  15. Entire Agreement; Modifications: This Agreement and any Exhibits, attachments or Addenda represents the entire agreement of the parties relating to the adoption of the herein referenced animal. All prior negotiations between the parties are merged into this Agreement and there are no other understandings or agreements regarding the adoption of the herein referenced animal other than those incorporated herein.
[SIGNATURES PORTION DELETED FROM THIS SAMPLE]

 


For more information call:
301/854-5037 or 410/442-1564
E-Mail: info@defhr.org

Physical Address:
1372 Woodbine Road
Woodbine, MD 21797

Mailing Address:
P.O. Box 309
Lisbon, Maryland 21765

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Days End Farm Horse Rescue, Inc. is a non-profit, volunteer based humane organization whose mission is Fostering compassion and responsibility for horses through intervention, education, and outreach.


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11-20-03

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