389 CR 361,
(518)
797-3771
Directors: C. Cooper,
S. Barbeau,
e-mail: CCZHORSES@AOL.COM
"We are a non-profit, tax-exempt 501(c)(3)
animal welfare organization that supports the responsible use of working, sport
and pleasure horses. Our goals are to prevent the neglect or abuse of any
equine, to offer equine educational programs to the community and to provide
shelter and rehabilitation for those equines in need."
ADOPTION AGREEMENT
Please read this document carefully and DO
NOT SIGN it unless you fully understand it.
This agreement is between:
Name: (hereinafter called Adoptive Owner)
Address:
Telephone (home, cellular):
And:
Name: New Beginnings Equine
Placement, Inc., hereinafter called "NBEP."
It is an agreement to ADOPT a
horse, this is NOT a sale. It transfers ownership at no charge and with
conditions from NBEP to Adoptive Owner for the following equine:
Breed: (Approximate) Age:
Name: Sex:
Height:
Markings/Color:
Injuries/ailments/problems/vices:
Thank you for choosing a rescue horse in need of a
good, loving home!
No goods or services were provided in exchange for
this transfer of ownership.
Page 1 of 4: I have read, verified
and understood page 1.
Adoptive Owner initials:___________
Date___________
ADOPTIVE OWNERS: Please READ these notes BEFORE signing.
- The adopted horse may take
three or more months to adjust to his/her new environment. This change
in housing and routine may produce changes, either adverse or otherwise,
in the behavior of the horse. Additional training for both riding, ground
manners and ease of transition at the new stable may be necessary, at the
expense of the Adoptive Owner.
- NBEP makes no
guarantees in writing or verbally on the general condition, soundness,
temperament, or riding ability of any animal available for adoption. NBEP
will gladly honor the Adoptive Owner's request for a pre-purchase
veterinary examination, the expense to be paid by the Adoptive Owner. NBEP
will provide Adoptive Owner with any medical records it has regarding the
horse.
- Horses are unpredictable
animals. Consequently, Adoptive Owner agrees to hold NBEP free from all
liability for any injury to persons or damage to or loss of property once
this contract is signed and forever after.
I have read and fully understand
the above notes.
Adoptive Owner signature:_________________________________________
Date________
TERMS
OF AGREEMENT
- Limitations: This horse cannot be raced or used as a polo pony. New Beginnings Equine Placement, Inc. may repossess said horse without notice if used for either of the aforementioned.
- Training Issues: Because the history of this horse is unknown, the Adoptive Owner may be interested in pursuing additional training for discipline or riding. Adoptive Owner will pay for all costs of additional training.
- Transportation Stipulations. Horse must be transported in a safe and proper vehicle: a licensed, inspected, registered horse trailer. The trailer must clearly be safe, i.e.: no floor rust/rot, adequate padding on the sides, proper roof height for the horse, proper size for the horse. If the Adoptive Owner chooses, transportation may be available through NBEP at the cost of $1.25/mile round trip, with a minimum transport fee of $30. Costs are tax deductible donations.
- Mortality Issue: It is agreed that this horse will never be sent to a slaughter facility. If a licensed VETERINARIAN determines that the horse should be euthanized, NBEP retains the right to consult with the Adoptive Owner's veterinarian BEFORE euthanasia. Exception: emergency euthanasia. If after consulting with the veterinarian, NBEP determines that the horse would be better served at the NBEP facility, NBEP will repossess the horse. In the event of euthanasia, it must be done in a humane way by lethal injection administered by a licensed veterinarian. Adoptive Owner pays all costs associated with euthanasia, including body disposal. In case of death, NBEP requests a signed statement from the attending veterinarian stating the cause.
Page 2 of 4: I
have read, verified and understood page 2.
Adoptive Owner
initials:_________________ Date_________.
- Medical and Physical Condition: Adoptive Owner agrees to provide any professional medical care this horse should need. The Adoptive Owner grants NBEP full access to any records at any time on the care of this animal as well as the names and addresses of any veterinarians used in the care of this horse. Adoptive owner also agrees to keep said horse in the same or better condition as he/she was at the time of the adoption (NBEP keeps photo on file for every animal). Horse should be de-wormed every 6-8 weeks. Horse should also be vaccinated for rhino, flu, EWE, rabies, strangles & tetanus each year.
Last date of worming: Coggins: Last
date of shots:
- Ownership Transfer: There is NO TRANSFER OF OWNERSHIP of this adopted horse. If not satisfied with, unable to afford or properly care for adopted horse, Adoptive Owner MUST return horse to NBEP. This horse cannot be sold. The adoptive owner is responsible for transportation and/or costs associated with return transport of the horse to NBEP.
- Change of Address: If the horse is moved to new location other than the one specified in the "Right to Trespass" clause, Adoptive Owner MUST notify NBEP in writing and/or direct contact (not a message on the answering machine) by telephone/in person BEFORE the horse is moved. The "Right to Trespass" clause and a new Affidavit MUST be signed by the owner of the new location/property/stable. Adoptive owner must also inform NBEP promptly of a change in adoptive owner's telephone number and address for communication purposes.
- Annual Update. Adoptive owner will provide NBEP with a brief yearly update of the animal, including a photograph, or as requested by NBEP.
- Visitation Rights,
Repossession Rights and Right to Trespass: NBEP retains the right to visit
said horse at any time after adoption after giving reasonable notice, such
as a 24 hour notice, to adoptive owner. Exception: hostile
repossession. In the event of a hostile repossession, such as
breach of contract, no advance notice will be given and the horse will be
repossessed with or without the Adoptive Owner's consent. A licensed
veterinarian will evaluate the repossessed horse within 48 hours, if
possible, after its arrival at a NBEP facility.
RIGHT TO TRESPASS
/ STABLE OWNER'S SIGNATURE
Stable owner must read and sign Part 2 of
the Adoption Agreement: Stable Owner Affidavit of Understanding
This signed document
provides AUTHORIZATION and PERMISSION for NBEP, or its representative,
to enter the stabling premises where adoptive horse is located with or without
the presence of the property owner and/or adoptive owner. This right to
trespass is restricted to the adopted horse only (see Affidavit).
This Horse will be Stabled At:
Stable Owner's
Name:__________________________________________
Stable Address: ________________________________________________
_____________________________________________________________
Stable Owner Signature: ________________________________________________
***STABLE OWNER
MUST SIGN***
Page 3 of 4: I
have read, verified and understood page 3.
Adoptive Owner
initials ___________________ Date: _______________
RIGHT TO REPOSSESS
Please note that if the horse is found to be 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 or maltreatment), 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, this constitutes a breach of contract. NBEP will repossess the horse without notice to or consent of adoptive owner.
- Returning the Horse: If the horse is returned to NBEP, the horse MUST be returned in the same pre-adoption or better physical/medical condition (see first page of described known physical/medical conditions). If the horse suffers from any medical conditions/ailments incurred while in the care of the adoptive owner (for example: lameness's that are caused by misuse, founder, Navicular Syndrome, or other cause; open wounds or infections; respiratory illnesses or internal injuries/illnesses; or other medical chronic-care issues not present at adoption) the adoptive owner shall be financially liable for veterinary costs associated with the continued treatment of the horse's medical condition after its return to, and only while in the care of NBEP. Costs for care of incurred medical conditions/ailments can be, but are not limited to: the veterinarian's farm call fee, X-rays, medications, bandages or other such costs.
- Additional Comments or Stipulations: ___________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
PENALTIES
FOR BREACH
Should either party breach this
Agreement, the breaching party shall pay the other's court or arbitration costs
and/or attorney's fees related to such breach regardless of whether or not the
dispute results in a concluded trial or arbitration proceeding. In addition,
the Adoptive Owner agrees to pay NBEP Liquidated Damages in the amount of Three Thousand Dollars ($3,000). The Liquidated
Damage value is agreed to for the purpose of establishing the value and does
not bar NBEP from seeking return of the animal(s) by a judicial process or any
other means.
Page
4 of 4. Signatures: Please read this document very carefully and DO NOT
SIGN it unless you fully understand it.
This written contract constitutes
the entire agreement made between the parties and there are no other agreements
between them.
ADOPTIVE OWNER:
I have thoroughly read and
fully understand the terms of this four-page agreement.
Signature:_________________________________________ Date:______________________.
NBEP REPRESENTATIVE:
Signature: __________________________Title: ____________________ Date: ____________.
Part 2. Stable Owner's Affidavit of Understanding
- As the owner of the property on which this horse
is stabled, I understand that New Beginnings Equine Placement, Inc.
(herinafter NBEP) retains ownership of all its horses for the remainder of
he horse's life.
- I understand that if a situation of non-payment
of board, non-payment of farrier/veterinary/feed/transport or any other
service I provide for Adoptive Owner's horse arises, I cannot put a lien
on the horse, and that NBEP, its successors and assigns, will not be held
responsible to pay any debt incurred by the Adoptive Owner.
- I understand that if any abuse/neglect/misuse or
any adverse situation occurs which is detrimental to the horse, I must
contact NBEP promptly to facilitate recovery of the horse.
- I understand that NBEP makes no guarantee of the
soundness, training level, temperament, or general condition of any horse
adopted from NBEP.
- I understand that the Adoptive Owner assumes
full responsibility for any and all injuries, property damage or death
caused by an animal adopted from NBEP and that I agree to indemnify and
hold harmless NBEP, its successors and assigns, from such actions of the
adopted animal.
- I understand that that this horse cannot be sold
and that there is no transfer of ownership of any NBEP horse and that to
do so is a crime and will be punished to the full extent of the law.
- I understand that this horse needs adequate
amounts of hay and grain to sustain a proper weight and that I must notify
the Adoptive Owner when I notice that the horse is not maintaining proper
body weight. I understand that if the horse continues to drop weight, I
must notify NBEP promptly.
- I understand that in the event that NBEP is
advised of a possible breach of contract and determines that the Adoptive
Owner is in breach/default of their Agreement, a representative of NBEP
can enter my facility for the purpose of determining if a violation has
occurred. If NBEP determines that Adoptive Owner is in breach of his/her
contract, NBEP may repossess the adopted animal with or without Adoptive
Owner's presence/authority/notification.
I have read and fully understand this document that I am signing.
___________________________________
___________________________________
Print Stable Owner's Name Signature
of stable owner
Date:
______________________ Stable
Address: _______________________
Phone:
_____________________ ____________________________________
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