Dog Adoption Contract

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Personal Information

Contract

This Adoption Contract (the “Contract”) is entered into by and between Underdogs Animal Rescue, a Colorado non-profit corporation (“Underdogs”), and the “Adopter”, effective as of the Adoption Date below. Underdogs and Adopter are individually a “Party” and collectively the “Parties” to this Contract. Adopter has agreed to adopt the pet described below (the “Pet”), and Underdogs has agreed to release such Pet to Adopter, subject to and in accordance with the following terms and conditions:

Pet Information

Adoption Fee

Adoption Fee. Adopter agrees to pay an adoption fee (the “Adoption Fee”). Underdogs will give a full refund of the Adoption Fee within two weeks from the Adoption Date for any Pet found to have a diagnosed and previously unknown and undisclosed health problem (except parasites). Otherwise, the Adoption Fee is non-refundable.

Obligations of Underdogs

Underdogs agrees to provide the Pet to Adopter: (a) with vaccinations for rabies and distemper/parvo; (b) de-wormed; and (c) spayed/neutered, unless the Pet is too young for spay/neuter surgery and/ or a rabies vaccination, in which case the Adopter shall be required to get the Pet spay/neuter surgery and a rabies vaccination within ninety (90) days of the Adoption Date. In cases where Adopter is responsible for spay/neuter surgery and/or obtaining a rabies vaccination, Adopter shall provide Underdogs with a $50.00 deposit check at the time Pet is adopted. Underdogs will return the deposit to the Adopter (or will destroy the check) upon Adopter’s presentation of written correspondence from a licensed vet that the above-described pet has been spayed or neutered within 90 days of transfer.

Medical History

Underdogs will provide Adopter with any medical and veterinary records relating to the Pet that is within its possession. Underdogs will also inform Adopter of any known history of medical or behavioral issues.

Pet Returns; Surrenders

Underdogs will take back any Underdogs Pet that must be owner surrendered. Underdogs does not want their dogs in shelters as that takes a space away from a true stray. Adopter may not transfer the Pet to another person without the prior written consent of Underdogs and, in the event of such approved transfer, the new adopter will be required to sign an Adoption Contract. Adoption Fees and donations are non-refundable in the event the Pet is returned or surrendered to Underdogs, or transferred or released to another adopter.

Adopter Obligations and Acknowledgments

The undersigned Adopter expressly agrees, acknowledges, represents, and warrants as follows:

Assumption of Risk; Release; Indemnity

Underdogs makes no representations, warranties, guarantees, or promises regarding the Pet’s disposition, temperament, current or future health and personality. In addition, Adopter acknowledges, understands, and agrees that the care and custody of the Pet may result in property damage and/or personal injury to the Adopter and/or others. Notwithstanding the forgoing, Adopter hereby agrees to assume full responsibility for all such risks and waives and releases, Underdogs and its owners, directors, volunteers, employees, and representatives from any and all claims, losses, injury, or damages of any kind or nature whatsoever arising from or relating to the adoption and care of the Pet, including but not limited to claims of bodily injury or property damage sustained by Adopter or others. Adopter also agrees to be solely responsible for any actions of the Pet and agrees to indemnify and hold harmless Underdogs and its owners, volunteers, employees, and representatives from any liabilities, injuries or losses caused by the Pet or any causes of actions, claims, suits or demands that arise from such injury, damages or losses.

Default

In the event Adopter breaches any of the Adopter’s representations and warranties in this Contract, or otherwise breaches or fails to perform any of the provisions of this Contract, Adopter will be liable and responsible for all actual and consequential damages and costs incurred by Underdogs resulting from such breach or failure, including but not limited to the costs incurred to recover the Pet, attorneys fees, lost revenues and opportunity costs, loss of business, and damage to reputation.

Entire Agreement; Severability; Amendments; Waiver

This Contract constitutes the entire agreement between the Parties hereto concerning the matters covered herein and supersedes all prior agreements and/or understandings, between the Parties, whether written or oral, concerning the matters covered herein; and there are no understandings, agreements, representations or warrants, express or implied, which are not specified in writing and signed by the Parties hereto. In the event that any of the terms of this Contract are or become illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from this Contract and all the remaining terms of this Contract shall remain in full force and effect. The Parties may only amend this Contract in a writing signed by the Parties. No waiver of any provision of this Contract, nor consent to any departure by either Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Party to be charged with the waiver or consent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Governing Law; Venue; Disputes

The enforcement and interpretation of this Contract shall be governed by the laws of the State of Colorado. Any and all disputes arising under or related to this Contract which cannot be resolved through discussions between the Parties shall be submitted to binding arbitration, by a single arbitrator through the Judicial Arbiter Group of Denver, Colorado, the American Arbitration Association, or any similar arbitration provider mutually agreed upon by the Parties. The arbitrator shall be selected by mutual agreement of the Parties, and in the event an agreement cannot be reached, then the arbitrator shall be selected by JAG (or by the selected arbitration provider, as applicable). The decision of the arbitrator shall be final, nonappealable and binding upon the Parties, and it may be entered in any court of competent jurisdiction. The arbitration shall take place in Denver, Colorado. The arbitrator shall be bound by the laws of the State of Colorado. In the event of Underdogs is required to commence an arbitration concerning this Contract, Underdogs shall be entitled to recover its attorneys' fees, witness fees, costs and expenses, court costs and other reasonable expenses, whether or not such controversy, claim or action is prosecuted to final award or judgment.

THE UNDERSIGNED PARTIES HEREBY CERTIFY THAT THEY HAVE READ THIS ENTIRE CONTRACT AND FULLY UNDERSTAND ALL THE TERMS AND CONSEQUENCES OF THIS CONTRACT AND, BASED UPON SUCH, EXECUTE IT. Agreed and accepted by the Parties as of the Adoption Date:

Write your name below to acknowledge you have fully reviewed and agree to be bound by the terms and conditions of the Underdogs Adopt Contract.


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