3. Care Obligations
3.1. The adopter acknowledges that he/she has reasonable knowledge regarding the proper care and handling of dogs.
3.2. The adopter agrees to give the dog three to four weeks' decompression time before visiting a vet (dog will have already been vetted in advance of adoption).
3.3. The adopter shall provide shelter, fresh water, proper food, and adequate companionship to the dog at all times.
3.4. The adopter shall keep the dog in an adequate and safe enclosed area or on leash at all times and the dog shall be kept inside the house when home alone and never be left unattended outside.
3.5. The adopter shall separate the dog from any other animals when the adopter is away from home. Proper separation includes keeping the dog in his/her own crate and/or secluded in a secured area in the home until all animals have been properly acquainted.
3.6. The adopter acknowledges that all animals belonging to the adopter, either acquired prior to the adoption date or afterwards, have been spayed or neutered. Exceptions to this requirement are: livestock, senior pets, or pets under six months old.
3.7. The adopter shall ensure that the dog is always supervised, whether indoors or outdoors, and when children and other animals are present. This means that the dog shall not be allowed to roam at will or at large, and at no time will the dog attend “leash-free dog parks” until the dog has been deemed healthy by a veterinarian and has been in the home for more than one month.
3.8. The adopter shall properly care for the health of the dog. This includes: an obligation to have the dog vaccinated annually, with necessary vaccinations (e.g. rabies and as local ordinance requires), to provide essential veterinary care as needed, and to ensure the dog maintains a healthy weight and healthy grooming appearance.
3.9. The adopter understands that the dog has been seen by a veterinarian and has been deemed in good health, as well as received vetting care that has been deemed medically necessary, including spay or neuter, required vaccinations, a 4DX test, and a physical exam.
3.10. The adopter acknowledges that HHFHP cannot guarantee the accurate age of the dog.
3.11. The adopter agrees to keep the dog on heartworm preventative medication year-round for a minimum of two years after adoption.
3.12. The adopter acknowledges that his/her residence, if rented, permits pets and that he/she may be asked to produce a signed lease between the adopter and his/her landlord stating as such.
3.13. The adopter agrees that, if the dog is shared by a couple and that couple ends their relationship, the signer of this document agrees to keep and continue care for the dog.
4. Ongoing Correspondence
4.1. If the dog is lost or stolen, the adopter shall notify HHFHP without undue delay, and will make every reasonable effort to locate the dog.
4.2. The adopter shall contact an HHFHP representative without undue delay if the dog should develop any abnormal behavioural or temperamental traits. These traits may be, but are not limited to: aggression and/or intolerance towards people or other domestic animals; signs of shyness, fearfulness or lack of confidence in new situations; resource guarding; separation anxiety; etc.
4.3. The adopter agrees to send periodic updates, especially in the three months following pick up, and will send updated photos at the request of HHFHP in a timely manner.
4.4. The adopter agrees to periodic wellness checks via phone, email or in person, as a HHFHP deems necessary.
5. Returning A Dog
5.1. If, for any reason, the adopter is unable to keep the dog that he/she adopts, he/she agrees not to sell, trade, give or dispose of the dog. HHFHP reserves the right of refusal for bringing the dog back into the care of the organization. The adopter agrees to avoid disparaging HHFHP for this right of refusal.
5.2. The dog will not be euthanized in a non-emergency situation without notifying HHFHP by written correspondence, and giving 14 days to respond and/or retrieve the dog at HHFHP’s sole discretion.
5.3. The adopter agrees that the dog will not be used for any illegal purposes, and will never be fought, used as a bait dog or used for animal testing in any way. If this clause is broken, the adopter acknowledges that this contract is voided, and the dog will be immediately return to HHFHP, and all applicable law enforcement agencies will be notified.
6. Emergency Care
6.1. The adopter agrees to have pre-planned evacuation plans in case of emergency, including fire, flood, wind, storm, or other disaster. The adopter agrees that part of this plan includes having an appropriately sized emergency crate readily available at all times.
7. Confidentiality
7.1. The adopter understands and acknowledges that no personal contact information of any HHFHP representative shall be transferred by the adopter without explicit content of HHFHP.
7.2. HHFHP agrees to hold the adopters, personal and contact information in strict confidentiality.
7.3. The adopter agrees to not contact the shelters, rescue organization, or previous owners from whom the dog came without written permission from HHFHP, and to otherwise keep all personal and contact information provided by HHFHP confidential, except as required by law.
8. Insurance
8.1. The adopter can willingly choose to have, or not have, pet insurance.
9. Release of Liability and Indemnification
9.1. The adopter understands that HHFHP makes no guarantees or warrantees, regarding the health, well-being, and/or temperament of the dog.
9.2. The adopter promises and agrees to be solely responsible and liable for the dog, and to indemnify and hold harmless HHFHP, HHFHP, representatives, affiliates, and volunteers from any and all claims of liability, including for physical injury and emotional or physical distress caused by the dog on, or after, the date of this adoption and agreement.
9.3. The adopter understands that HHFHP is not responsible for any damage whatsoever and howsoever caused by the dog to the adopters property, possessions or person.
9.4. The adopter agrees to be solely responsible for the actions of the dog.
9.5. The adopter shall defend, indemnify, hold harmless and insure HHFHP from any and all damages, expenses or liability, resulting from, or arising out of, any action, failure to act, negligence or misconduct on the adopter’s part, or from any breach or default of this agreement, which is caused or occasioned by the acts of the adopter.
9.6. The adopter shall execute HHFHP’s full and final release and indemnity as a condition precedent to this contract.
10. Notice
10.1. The adopter shall notify HHFHP if he/she moves, and shall provide HHFHP with his/her new physical address, as well as his/her new phone number and new email address if they change.
10.2. Any notice to be given hereunder, by any party to the other, may be affected either by personal delivery in writing, email, or by mail (registered or certified) to the parties at the addresses appearing in the introductory paragraph of this agreement. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of five days after mailing.
11. Representation
11.1. Each party to this agreement acknowledges that no representations, inducements, promises or agreements (orally or otherwise) have been made by any party hereto, or anyone acting on behalf of any party hereto, which are not embodied herein.
12. Amendments to be in Writing
12.1. This agreement shall not be deemed to be, or construed as having been, amended as a result of any oral communication between the parties, or as a result of any practice of the parties. However, all amendments to this agreement shall be in writing, and shall be signed by both parties, provided that any such agreement may be executed in counterpart form.
13. Severability
13.1. Each covenant and provision contained in this agreement shall be severable, separate and distinct, and the unenforceability in whole, or in part of any covenant or provision of this agreement, shall be deemed not to affect or impair the validity or enforceability of any other covenant or provision of this agreement.
14. No Assignment
14.1. Neither this agreement, nor any duties or obligations under this agreement, may be assigned by either party without the consent of the other.
15. Contra Proferentem
15.1. Each and every provision of this agreement shall be construed as though both parties participated equally in the drafting, and any rule of construction that a document shall be construed against the drafting party, including without limitation, the doctrine commonly known as contra proferentem, shall not be applicable to this agreement.
16. Independent Legal Advice
16.1. Each party to this agreement acknowledges that he/he has had sufficient time to review and consider the agreement thoroughly; has read and understands the terms, nature and consequences of the agreement obligations hereunder; and has been given an opportunity to obtain independent legal advice concerning the interpretation and effect of the agreement.
17. Governing Law
17.1. This agreement shall be governed by and construed under the laws of the province of Ontario, Canada.
18. Addendum
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19. Acknowledgement
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