Doberman Application

WHEREAS, Adopter wishes to take custody of Dog; now, therefore, in consideration of IDR+’s relinquishment of custody and providing contingent ownership rights of Dog, Adopter hereby gives and grants unto IDR+ this Adoption, Release, and Indemnity Agreement and further promises, covenants, and agrees as follows:

HOLD HARMLESS

IDR+ and its officers, directors, volunteers and agents shall not be liable to Adopter for any personal injury, death, or property damage caused directly or indirectly by Dog as a result of any actions by IDR+, including, but not limited to, acts of negligence. Furthermore, Adopter acknowledges and agrees that by signing this agreement and taking custody of Dog, Adopter does hereby release IDR+ from any and all liability, claims, lawsuits, demands, or causes of action, which may arise out of or be brought against IDR+ under any and all theories of liability. By virtue of the release of Dog to Adopter, Adopter expressly acknowledges that the release provided for in this paragraph is designed and intended to and does protect IDR+ from the consequences of any subsequent attack, behavior, or other action by Dog which injures the adopter or any other person or causes any property damage, and from the consequences of any act or omission or negligence on the part of IDR+ in obtaining custody of Dog, in providing care for Dog, or in failing to provide timely or adequate warning to any person concerning Dog.

INDEMNIFICATION

Adopter expressly agrees to defend, pay, indemnify, and hold harmless IDR+ from all lawsuits, actions, losses, damages, claims, or liability of any character, type, or description, including, but not limited to, all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or damage to any property, received or sustained by any person or persons or property, arising out of or occasioned by, directly or indirectly, the release of Dog to Adopter. Adopter expressly acknowledges and agrees that the indemnity provided for in this paragraph is designed and intended to and does protect IDR+ from the consequences of any subsequent attack, behavior, or other action by Dog, and from the consequences of any act or omission or negligence on the part of IDR+ in obtaining custody of Dog, in providing care for Dog, or in failing to provide timely or adequate warning to any person concerning Dog.

NO WARRANTIES OR REPRESENTATIONS

Adopter understands that IDR+ makes no warranties (express or implied) or representations as to the health, fitness, demeanor, or well being of Dog. Adopter agrees and understands that upon taking custody of Dog, Adopter assumes any and all risk associated with the Dog’s physical condition including, but not limited to, sickness or the death of the Dog. Additionally, Adopter assumes all risk and consequences in the event Dog should bite, scratch, injure or cause the death of any person or animal, or cause damage to property after being released into Adopter’s custody. ADOPTER further promises, covenants, and agrees that ADOPTER’s continued ownership of the Dog is contingent upon the following:

1. the adoption fee is nonrefundable after the two-week trial period. The Adopter must return the Dog to IDR+ within 14 days of the date on the adoption contract in order to qualify for any refund;
2. to care for Dog responsibly (including, but not limited to, adequate food, shelter, water, veterinary care, and love);
3. to ensure Dog is maintained on heartworm preventative and kept current on all immunizations and updated according to a veterinarian's schedule;
4. to license Dog in accordance with all applicable laws and ordinances and to abide by the leash laws and ordinances of the municipality, county, and state in which Adopter lives;
5. to ensure that Dog wears a collar and identification tags at all times;
6. to keep Dog as a house pet, to be exercised in a fenced yard or on a leash, and not be allowed to roam off Adopter’s property;
7. to not allow Dog to ride in the open bed of a pick-up truck or to otherwise place Dog in positions of unreasonable risk of injury;
8. not to give away, re-adopt, sell, trade, or otherwise dispose of (a living) Dog, before informing IDR+, which shall have the option of retaking custody of Dog without refunding the adoption fee, if any, and without recourse by Adopter; Adopter understands that advance notice of at least one week is often required before IDR+ retakes custody. Adopter will keep dog safely in Adopter’s care for this period of time;
9. to promptly notify IDR+ of any change of address;
10. that Dog shall not be used for any medical or experimental purposes; shall not be kept chained; shall not be used for breeding; and shall not be used as an outside guard dog;
11. that IDR+ reserves the right to examine and make inquiry about Dog at any time. If Adopter fails to keep Dog in accordance with the terms of this Agreement, IDR+ may retake custody of Dog without refunding adoption fee, if any, and without recourse by Adopter;
12. that no AKC registration certificate, if applicable, will be transferred to Adopter;
13. that if the dog is not spayed or neutered before its adoption, that the Adopter will have the dog spayed or neutered by ____________(date). If the spay or neuter is not completed by the date above, the spay/neuter deposit will be forfeited. Should the Adopter fail to timely obtain spay/neuter for the dog, IDR+ may – at the discretion of IDR+ – seek enforcement of this contract in the courts of Cook County, IL, which costs of enforcement, including but not limited to reasonable attorney fees, shall be paid by Adopter. Please email info@ILDobeRescue.com to make the surgery appointment at one of our vets;
14. that all information contained on Adopter's Application is true and correct; if IDR+ learns that information on this Application is false or misleading in any respect, Adopter agrees that ownership of Dog shall be forfeited and IDR+ shall retake custody of Dog without refunding the adoption fee, and without recourse by Adopter. Should IDR+ need to retake custody of Dog pursuant to this paragraph, IDR+ may do so by filing suit in the courts of Cook County, IL, which costs of filing suit, including but not limited to reasonable attorney fees, shall be paid by Adopter;
15. to attend and complete a basic obedience course with Dog and send proof of completion within six (6) months to IDR+;
16. that the breach by Adopter of this Agreement would damage IDR+ in a way that could not be adequately compensated by monetary damages. The parties therefore agree that the breach or threatened breach by Adopter of this Agreement may appropriately be restrained by an action for specific performance, an action replevin or an injunctive order for Adopter to return Dog to IDR+, by submitting the matter to the courts of Cook County, IL. Adopter further agrees to pay IDR+ the cost IDR+ incurs to retake custody of Dog (or any other action required by IDR+ to ensure compliance with this agreement), including court, attorney’s fees, and any other related costs;
17. that this Agreement shall be governed and construed in accordance with the laws of the State of Illinois; and
18. that any other disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted to arbitration for resolution or to the courts of Cook County, IL, at the discretion of IDR+.

I, the Adopter, understand all conditions and assume full responsibility for this Dog's lifetime. I fully understand and agree that if I fail to comply with any of the terms and conditions herein enumerated, I will surrender the Dog to IDR+ upon demand. If this event occurs, I will be in breach of said contract and be held responsible as such.