THR Adoption Contract

Tecate Horse Rescue, Inc
Adoption Contract
Section 1 of 3: Personal Information and Horse Details
This agreement is made between Tecate Horse Rescue, Inc, a California Nonprofit Corporation (hereinafter "THR"), and * hereinafter referred to as "Adopter" for the adoption of the horse described below. This is an agreement to ADOPT a horse - this is not a sale. Adopter understands that horse is being transferred for a sum below its actual value in exchange for Adopter's agreement to the conditions contained herein. The Adoption Fee for the Horse described herein * and must be paid concurrently with the approval of this contract.
Address

Address where horse will be stabled
I. HORSE
A. Description
B. Permitted Uses
The Horse described herein may be used for the following permitted uses. Please mark those intended *
C. Adoption Fee and Donations
THR has placed the adoption price at $ * THR incurs an average of $3,000+ in expenses per equine that we rescue on top of our monthly expenses. If you would like to make a donation (tax deductible) on top of your adoption or become a monthly sponsor for a THR equine, please select from the options below. *
Total Adoption/Donation * =
Section 2 of 3: History and Initials
Have you ever had an animal in your care/on your property die of unnatural causes? *
Have you ever rehomed an animal of yours? *
Has animal control or police officials ever contacted you regarding a complaint against you involving animals on your property or in your care? *
Adopter understands that "charro" training, in the opinion of THR, is abusive to the horse, and will result in the immediate repossession of said horse with no refunds given. *
Adopter agrees to use the horse only as permitted by this contract, within the bounds of horse's disclosed physical restrictions, and feed and trim/shoe the horse in keeping with any special needs disclosed hereinabove. *
Adopter agrees that the horse shall not be bred. If currently pregnant, the necessary veterinary care must be provided. Any offspring from the horse will be covered under the terms of this agreement, with all penalties in effect. If male, the offspring must be gelded before 24 months old. Male or female, the offspring must never be bred. *
Adopter understands that horses are unpredictable animals by nature and the organization cannot guarantee the suitability of any horse for any particular purpose or guarantee any horse's behavior. If a horse is frightened or provoked, it may divert from its handling/training and act in accordance with its natural survival instincts, which may include, but are not limited to, bucking, bolting, spinning, stopping short, spooking, rearing, kicking, biting, or pulling back when tied. Adopter acknowledges these facts and freely assumes the risks inherent in equine-related activities. *
Section 3 of 3: Care Specifications, References and Signature
II. CARE SPECIFICATIONS
A. Feed
The Horse should be fed a minimum of 2 flakes of high quality, mold and weed free alfalfa, bermuda, teff, timothy or orchard grass hay twice a day, unless sufficient pasture is provided instead. "Sufficient pasture" is defined as pasture lush enough that a horse will ignore hay when offered and, on which, no horse present is at less than a body condition score of 4.
Grain is not generally required and is at the discretion of Adopter and Adopter's veterinarian.
Adopter agrees to introduce any grain gradually. *
Supplements are at the discretion of Adopter but are recommended.
B. Farrier Care/Shoeing
Horse may be kept barefoot and trimmed no less than every six weeks by a qualified farrier. The Horse must be provided with shoes or removable boots if recommended by veterinarian and/or farrier.
Adopter agrees to have the horse trimmed or shoes reset at least every six weeks. *
C. Stabling/Pasture
Adopter may keep the horse in a stable or at pasture. The following guidelines apply:

STABLES - Stalls must be no less than 24 x 24 and horses must be turned out or exercised at least six days per week if stall kept. Stalls are to be cleaned seven days per week if the Horse is stall kept. Sufficient, clean bedding is to be provided as needed.

PASTURES - Horse may be pasture kept part or full time. Horses kept in pasture must be provided with a shelter with a roof such as a barn overhang or a free standing sunshade. Horse must be confined and fed separately daily if any weight loss occurs.
Fencing may be wood, plastic, wire mesh, coated wire, panels, or steel. Barbed wire fencing is never acceptable and may not ever be used, even temporarily.
D. Watering
Adopter agrees that no horse will ever be confined to a stall, turnout, pasture or other area in which there is not a source of clean, fresh and unfrozen drinking water at all times. *
"Clean and fresh" is defined as tubs/pails that are being dumped, scrubbed if needed and refilled with fresh water. Where the temperature drops below freezing, Adopter agrees to provide a tank heater or a comparable option to ensure that water is always available to the Horse.
E. Veterinary Care
THR understands that many adopters do their own vet work in terms of vaccinations, deworming, and caring for minor injuries and illnesses. Adopter agrees to keep records of purchases of vaccines, de-wormer, etc. and make them available to THR upon request, or have a licensed veterinarian perform vaccinations and deworming and maintain records thereof.
Adopter further agrees to obtain the services of a licensed veterinarian promptly in the event of any significant injury or illness, including colic. Should the Horse require euthanasia, Adopter agrees to provide a statement or invoice from a licensed veterinarian explaining the condition that led to the euthanasia and proving that the Horse was indeed euthanized.
Adopter understands that euthanizing horse without the services of a licensed veterinarian, except in a documented and witnessed emergency, will be considered a major breach of the adoption contract and result in legal action. *
III. ADDITIONAL CONDITIONS
A.
Adoptor agrees and understands they are required to provide photos of the horse to Tecate Horse Rescue every 3 months. This can be done via email or text to adoptions@tecatehorserescue.com or +1 619-928-4516
B.
Adopter agrees to notify THR at least 24 hours before moving the horse to a new stable. Adopter will provide the name of the stable and owner, the address and the phone number to reach the stable with in that 24 hours.
C. Return or Rehoming of the Horse
1. Adopter shall have thirty (30) days after taking possession of the Horse to return the horse for a full refund of the Adoption Fee, assuming that the Horse is returned in the condition it was received. Adopter must arrange and pay for transporting the horse to THR and must provide no less than 48 hours notice in writing (e-mail is acceptable) that the Horse is being returned.
2. After 30 days, the Horse may be returned as provided in III.A.1, with the exception that no refund will be given.
3. If Adopter desires to transfer ownership of the Adopted horse (or offspring) to a third party, the third party must be screened and approved and complete THR's Adoption Contract.
Adopter may not, under any circumstances, give or sell the horse (or offspring) to any third party without THR's consent. Adopter understands that giving away or selling the horse (or offspring) without THR's involvement will be considered a major breach of the adoption contract and result in legal action and monetary penalties as provided in paragraph III.B of this contract. *
4. In the event of Adopter's death, Adopter acknowledges that the Horse will be returned immediately to THR, that said Horse is separate from and not included in Adopter's estate or personal property in any manner or form and Adopter directs that whomsoever shall have directive powers over Adopter's affairs shall return or cause to return said Horse immediately to THR. Adopter agrees to inform Adopter's Next of Kin of this agreement and provide a copy for the Next of Kin individual's reference.
B. Penalties for Default
If Adopter fails to comply with any terms of this Agreement, Adopter agrees to pay THR an additional $1,500.00, plus all attorneys' fees and costs of legal action, including litigation that THR may incur to enforce the terms of this Agreement. Adopter acknowledges that the additional $1,500.00 and costs are reasonable and just compensation to THR in the event of Adopter's breach of contract under the circumstances of this transaction and in view of THR's charitable purposes to provide for the humane care of horses. The compensation established is for a harm that is incapable or very difficult of accurate of estimation at the time of the signing of this Agreement.
Adopter understands that in the event of an Egregious Breach of the contract, THR does not agree to maintain any confidentiality whatsoever with respect to that breach. An "Egregious Breach" is defined as the Horse being discovered at a body condition score of less than 2.5 with no veterinary care provided, the Horse being seized by a law enforcement agency for neglect or abuse, the Horse being given away or sold to a third party, the Horse being offered for sale at auction, or the Horse's verified death from neglect or abuse.
Adopter understands that an egregious breach of this contract will result in legal action, monetary penalties as provided in this paragraph, reports to law enforcement agencies if appropriate and the publication of adopter's actions in the press. *
C. Visitation Rights
THR retains the right to visit the Horse at any time after adoption after giving reasonable notice, generally 24 hours.
This horse will be kept at:
Stable Owner's Name *
Stable's Phone Number *
Stable's Address
Adopter agrees to notify THR within 48 hours if the horse is moved and provide the horse's new location and all contact information. *
D. Right to Repossess
Should THR find the Horse either: in a physical condition SIGNIFICANTLY less than that in which the animal left the rescue facility (for example: thin with prominence of ribs and/or hip bones, covered with visible open or non-healing wounds or other visible signs of poor care, maltreatment or abuse), or living in a squalid environment such as a stall packed with feces or in a small paddock area continually inundated in manure, liquid or other unhealthy conditions, found with no source of clean drinking water present, or any other Egregious Breach as defined in paragraph III.B. of this Adoption Contract, this constitutes a breach of contract meriting repossession and THR will repossess the Horse without notice to or consent of Adopter.
Should this occur, no refund will be given of any adoption fees and Adopter may be liable for THR's costs in repossessing the Horse and all costs related to returning the Horse to a healthy and adoptable condition.
IV. MISCELLANEOUS
A. All terms, conditions and obligations described within this Adoption Contract shall be interpreted and governed by California law.
B. If any dispute arises regarding this Adoption Contract, the parties expressly agree that only those courts located within SAN DIEGO County, California will have jurisdiction to determine such disputes, and each party hereby consents to such jurisdiction.
C. The parties hereby waive right to trial by jury in matters arising out of this Agreement.
Thr and adopter hereby specifically acknowledge the aforesaid right to jury trial.
D. The individual signing on behalf of each of the parties hereby represents that said individual has the authority to sign on behalf of and bind the respective party.
E. For purposes of this Agreement, and except as otherwise set forth in this Agreement, this Agreement shall be binding upon, and inure to the benefit of, THR and the Adopter, and the parties' respective representatives, successors and permitted assigns. For purposes of this Agreement, and except as otherwise set forth in this Agreement, THR shall include, without limitation, the individual signing on behalf of THR and THR's employees, agents, representatives, owners, successors and permitted assigns.
F. This Agreement supersedes and replaces any prior agreements between THR and Adopter.
G. This Agreement may only be modified by written instrument executed by both parties.
H. This Agreement may not be assigned by Adopter without the prior written consent of THR, which THR may withhold in its sole discretion.
I. This Agreement contains the entire agreement of the parties and any prior or concurrent and written or oral understandings are deemed merged into this Agreement. There are no promises, agreements, representations, or warranties other than those contained herein or expressly incorporated by reference.
J. No delay, failure, or waiver of either party's express or partial exercise of any right or remedy under this Agreement shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. The remedies set forth in this Agreement are not exclusive. Election of one remedy shall not preclude the use of other remedies.
K. If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired hereby.
L. Adopter specifically acknowledges that this Agreement is a CONDITIONAL LIFETIME BILL OF SALE, and all requirements and restrictions contained herein, including by not limited to THR to regain ownership, care, custody, and control of the Adopted Horse, shall remain in effect regardless of change or purported changes in ownership or possession of the Adopted Horse at a later date.
M. Adopter agrees that this Agreement shall at all times remain attached to the Adopted Horse's registration papers when available, or shall stand alone on its merits if such registration papers are not available.
N. Signatures to this instrument in counterparts are acceptable. A copy, facsimile or electronic signature or affirmation by Email or other internet communication shall be binding and enforceable.
V. REFERENCES
THR requires three separate references who are not living in the same household as the Adopter.
1. Name *
2. Phone Number *
3. Address
4. Relation to Adopter *
1. Name *
2. Phone Number *
3. Address
4. Relation to Adopter *
1. Name *
2. Phone Number *
3. Address
4. Relation to Adopter *
Please read carefully before signing and ensure that you fully understand the agreement. THR STRONGLY encourages adopters to review this contract with their own attorney at their discretion.
I hereby accept and will abide by the above agreement and conditions.
Signature of Adopter (Type Full Name) *
Date *
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