Adoption Contracts

[Seaking101]

I'm after some advice...

We fostered a dog from a well known Husky Rescue in March and in early September we paid the adoption fee and received the adoption certificate.

We now find ourselves 3 months on and having now received an email from the rescue asking us to fill in an Adoption Contract...!!

Whilst I understand the need for some form of agreement that if unable to look after the dog in future, he be returned to them for proper rehoming, This contract is written to allow them to visit our home - unannounced, and allow them access to see the dog if and whenever they want.

It also goes on to dictate that we must keep the rescue informed of any changes in address or contact details.

These are the worst 2 but there are another 8 points of which most are laughable!!

 

Now...   Their own website states nothing about having to sign an Adoption Contract and at no point were we informed that we would have to do this. (We signed a Foster Contract which as only fostering the dog at the time, we agreed fully with).

Also it states that when a dog is adopted, the dog would come chipped and fully up to date on vaccinations.... and would you believe it, Neither applied to this dog... and we only found this out weeks AFTER paying the adoption fee and receiving the certificate! (They have now stated that they will reimburse us for the Full course of Vaccinations!!)

 

So my question is, Where do we stand on this.

We don't want to risk loosing the dog as he and our Malamute are inseparable now and if he were taken away, it would impart huge emotional stress on our Mal!

We don't agree with 9 out of the 10 points in this "contract" and surely, they have failed in their duty to ensure the dog was as described at the time of adoption!

Oh and I had to pester them during the fostering time to get him booked in for neutering in order for us to them proceed with the adoption!!

 

I am not going to name to the Rescue so please don't ask.  I am simply after some advice re this situation.

Surely the whole idea and meaning of adoption is that you now have ownership of the dog and the Rescue would relinquish ownership.

Surely an Adoption Fee is just another name for Purchase Fee when speaking of a living creature?!

 

Thanks in advance for your thoughts and advice.

[jmscott]

Can you list the requirements? 

Honestly, though, in my opinion money has changed hands. You are not obligated to sign their papers. HOWEVER. I would still be interested in what they are asking for. You might consider creating a revised version of their contract and letting them know that you are willing to follow these new guidelines and will in turn cover the cost of the microchip.

 

[robke]

I would not sign it for the following reason, who says that in a years time the rescue might still be there. What , forbid the thought , you or anybody else who has signed need them due to change of circumstances...

 

[Seaking101]

Thanks for your replies.

Below is a copy of the 9 points (They have completely missed a number 8 out of the contract!!!)

XXXXXXXXXXXXXXXXXXXXXXXXXXX  replaces where the rescue name is.

 

Cheers

1) The dog will be cared for in an appropriate manner and will receive proper food, water, shelter, and loving treatment by myself and other family members. The dog must not be left alone for extended periods of time (more than an average work day). The dog may be crated for no longer than four (4) hours in a twenty-four (24) hour period of time. The crate must be large enough for the dog to stand up in, and turn around in as well as having the proper floor of the crate for the dog to lie comfortably on its side.

2) The adopter agrees to provide adequate fencing to an enclosed area that prevents the dog from escaping. This includes jumping, digging, or exiting through gates that are not properly secured. The adequate fence does not include a split rail, electric, or invisible fence. A shock or electric collar is not acceptable. A kennel environment is not acceptable for housing, safety, or the emotional wellbeing of the dog. If the dog should be able to jump over, or dig under the fence it is no longer an adequate fence and must be repaired by raising it to at least six (6) feet or sealing any and all weak spots immediately. If the fence is not appropriate as advised by the homecheck or rescue representative the adopter shall not leave the dog unattended at any time.

3) In the unlikely event that the dog has not been spayed/neutered. A neuter contract will be provided and the dog must be spayed/neutered within the time frame outlined in the contract.

During the period before the dog has been spayed/neutered the dog must not be bred from under ANY circumstances, accidental or otherwise.

4) I understand that XXXXXXXXXXXXXXXXXXXXXXXXXXX have little or no knowledge of the dog, including its medical condition/background and disposition. XXXXXXXXXXXXXXXXXXXXXXXXXXX make no warranties with regard to the health of the dog and disclaim any liability for the dog’s medical condition, sickness or disease.

5) When I assume ownership, the animal will receive annual vaccinations according to a veterinary schedule, and will be treated immediately for any illnesses or injuries that may occur. The adopter will be liable for ALL costs.

6) The dog shall not be sold, given to, or adopted to anyone else. The adopted dog must be returned to rescue if for any reason the adopter can no longer keep it. Violation of this agreement will result in court costs payable by the adopter if necessary for to rescue to redeem the dog.

7) I understand that a XXXXXXXXXXXXXXXXXXXXXXXXXXX representative may inspect my home and the dog at any time without prior notice.

MISSING NUMBER 8!!

9) The adopter agrees to notify XXXXXXXXXXXXXXXXXXXXXXXXXXX in writing in the event the adopter plans to relocate to a different place of residence and provide us with a forwarding address within two weeks of moving.

10) XXXXXXXXXXXXXXXXXXXXXXXXXXX cannot accept liability for any damages incurred to the adopter. This includes damages to the property or other animals.

 

 

I UNDERSTAND AND AGREE TO THE ABOVE TERMS. IF, AT ANY TIME, I AM UNABLE TO CARE FOR THE ANIMAL ACCORDING TO THE CONDITIONS STATED ABOVE, I WILL ALLOW XXXXXXXXXXXXXXXXXXXXXXXXXXX TO RESUME OWNERSHIP OF THE ANIMAL OR FIND AN ALTERNATIVE SOLUTION.

 

I UNDERSTAND THAT IF I KNOWINGLY FAIL TO COMPLY WITH THE ABOVE TERMS, OR IN ANY WAY PUT THE ANIMAL IN A SITUATION WHICH ENDANGERS IT’S HEALTH, XXXXXXXXXXXXXXXXXXXXXXXXXXX MAY TAKE APPROPRIATE ACTION, INCLUDING TAKING THE PET FROM MY POSSESSION AND/OR LEGAL ACTION AGAINST ME.

 

 

 

Also from their own Website:

Adopting your foster dog

Many of our fosterer's decide after a while that they cannot face letting the dog go, and therefore the dog’s current fosterer will always be given first refusal on adopting the dog. Adoption fees are £200 and the dog will be up to date on vaccinations and spayed/neutered if old enough or will come with a neutering contract if it is a puppy. This is to ensure that the dog will be spayed/neutered and not used for breeding.

 

and he still shows this on his display card:

Status:Adoption Pending

Age:D.O.B November 2013

Sex:Male

Breed:Siberian Husky

Issues:Separation Anxiety - Needs to be with other dogs

Spayed/Neutered:No

Chipped:Yes

Papers:No

 

Hope that gives you more insight into this issue.

[robke]

what will do do if you do not sign... I would not, you say you have signed an adoption agreement and paid the fee then for me it would be agreement done...

[Seaking101]

Rob, We signed a Fostering Contract when he was fostered with us. We have not signed an Adoption Contract as his is what I don't agree with due to the listed issues!

 

[robke]

but you paid the adoption fee?

[Seaking101]

Yes. And we were presented with the adoption certificate!

 

[robke]

Then I would not sign anything else...but that is me imo they should have sorted that contract out before and not wait 3 months and then maybe even had I would have had it checked to see if the legalities would be correct...

[Markulous]

First off, I'll say I know which rescue ( and I knew him as 'George' as in gorgeous George!) but I'll also say that I'm not in any position to give an official response.

Whilst I totally understand your concerns and that a 3 month delay in getting required paperwork to you is extremely annoying, I do believe there are mitigating circumstances (of which I'm sure you're aware)

Contract-wise, all rescues have the same or very similar contracts - see here for a Dog's Trust discussion Dogs Trust contract discussion. I wouldn't disagree that the T&Cs of adoption should've been explained - interestingly, I can find no mention of anything like a contract on Dog's Trust site but I know they have a very, very similar contract (especially the points you object to: ownership, chip details, moving).

[Emma]

We rescued a cat years ago and had to sign a very similar contract, except for the bit about fences etc...   

They never came to visit us apart from the home check.  I think that's a fail safe clause Incase they find out someone might be harming the animals and they need to get in there.    We too were supposed to inform them of our details if we moved but in all honesty I forgot about it when we moved a few years later on.  

 

Have you spoken with them directly with your concerns?   A lot of it is just standard rescue protocols and they should be able to tell you how it works in reality.   

[jent78]

Do you have a receipt for the payment?  I'm assuming so, due to the adoption certificate being received.  I wouldn't sign a thing, personally.  The adoption certificate means the dog is yours.  Their delays-  no matter what the "mitigating circumstances" do not change the fact that the adoption certificate states the animal is yours.

[Rachael_Astro]

In relation to the actual contract itself, I think all the points are quite fair really. The paperwork should definitely have been sorted out earlier, however from working at rescues myself I know that things like paperwork can be a bit slow! I do think you should contact them and find out where you stand. If needed solicitors such as Quality Solicitors offer free half hour advice over the phone

[Mazz]

Laws vary from locale to locale.  Where I live, once the exchange of funds took place and a certificate of adoption was issued, that would preclude any contract. In other words, the deal was done. A contract after the fact would become binding, only if signed. If not signed, the rescue would have no recourse, and, therefore, I would have no obligation to succumb to the terms of said contract, unless signed.  Since the exchange was already consummated, I would be under no obligation to sign an "after-the-fact" contract. Not sure how things apply where you live, but the best advice would be to consult an attorney, or solicitor as they are referred to in the UK.

[jmscott]

Every single one of those requests are completely valid, save for 7. I wouldn't have an issue signing that document and sending it back. Date it currently, and keep a copy. 

1) The dog will be cared for in an appropriate manner
No arguing at all with this.

2) The adopter agrees to provide adequate fencing to an enclosed area that prevents the dog from escaping. 

Again, basic siberian ownership. This is in almost every contract for Sibe rescues.

3)....the dog must be spayed/neutered

Another no brainer for any rescue.

During the period before the dog has been spayed/neutered the dog must not be bred from under ANY circumstances, accidental or otherwise.

Definitely agree with this point. 100% 

4) We aren't responsible for issues out of our control.

They shouldn't be held responsible for them.

5) The adopter pays for their own vet care, which should be taken care of as needed.

Rescues can't afford lifetime vet care.

6) The dog shall not be sold, given to, or adopted to anyone else.

First right of refusal. Any puppy buyer of mine breaks this they'll need a lawyer.

7) I understand that a XXXXXXXXXXXXXXXXXXXXXXXXXXX representative may inspect my home and the dog at any time without prior notice.

I think at least a little notice is understandable.

9) The adopter agrees to notify in writing in the event the adopter plans to relocate to a different place of residence and provide us with a forwarding address within two weeks of moving.

they want to keep up with the dogs they home. Perfectly normal.

10) XXXXXXXXXXXXXXXXXXXXXXXXXXX cannot accept liability for any damages incurred to the adopter. This includes damages to the property or other animals.

You have adopted this animal, you are responsible for the dog from here out.