FOSTER AGREEMENT - HUMANS AND ANIMALS UNITED, INC. (HAAU)
Complete this document only after your "Foster Application" has been approved by HAAU.
DISCLAIMER – This animal is a rescue animal. By signing this document you hereby agree and understand that Humans And Animals United, Inc. (HAAU) is not responsible, for age, breed, gender, medical conditions or behavior of any animal and that you are agreeing to take on an animal with claws and teeth in which you take full and sole responsibility for the actions and/or damages the animal may cause to life, property or otherwise from the date of your signature.
UNDERSTANDING AND AGREEMENT - Prior to filling and submitting this form, please consult your attorney regarding each and every section to avoid misunderstanding or confusion. Do not fill and submit this form if you do not fully understand and agree with all sections of this form. Humans And Animals United Inc. (the “Charity/Rescue/we/us”), a Florida 501 © (3) non-profit corporation, and the undersigned (the “Adopter” or “you”), in consideration of the mutual covenants in this Agreement and other good and valuable consideration, intending to be legally bound by this Agreement, agree to the following: That Humans And Animals United, Inc. is not responsible or held liable for the animal breed, which could be a mix of breeds which our company is not aware of or received 100% verifiable proof of. In addition, Humans And Animals United, Inc. are placing the following described animal with you, the Adopter, for the adoption by you as a companion animal and family member:
Humans And Animals United Inc. (hereafter “HAAU”) is entering into this Agreement as a courtesy to me to allow me to have custody of this Animal before it can be spayed or neutered or complete heartworm treatment. The animal shall remain the sole property of HAAU until it is spayed or neutered or heartworm negative and the adoption is finalized. If for any reason the adoption is not finalized, I understand that upon the request of HAAU the animal shall be relinquished to HAAU and the adoption fee may be refunded.
A. I will provide the animal with good care, including but not limited to, proper food, fresh water, shelter, exercise, grooming, training and medication when required. I will comply with all instructions received from HAAU and will not deviate from any instructions as to the care and maintenance of the animal without consulting with a representative of the rescue.
B. I understand that other animals in my household could be exposed to medical or behavioral conditions that have not been recognized in the foster animal placed with me by HAAU, and that HAAU is not liable for any disease or injury of my own companion animals or other exposed animal.
C. I understand that veterinary costs for routine flea and parasite control and vaccinations that become due prior to the scheduled spay/neuter date, are my responsibility unless otherwise indicated by HAAU. Veterinary costs for illnesses and for accidental injuries sustained by the animal after it came into my care will be my responsibility unless otherwise indicated by HAAU.
D. I have been advised that HAAU uses pediatric spay/neuter for young foster animals as soon as it is appropriate as advised by veterinarians used by HAAU. HAAU will make arrangements for spay/neuter surgery and I agree that I will take this Animal to its spay/neuter appointment and for any other necessary veterinary care as directed by HAAU unless other arrangements have been made by mutual agreement. There are no exceptions to the requirement that the animal must be spayed/neutered before its adoption is complete.
E. I agree not to attempt to hold HAAU responsible for any damages which the animal may do to any person or property. I specifically relieve HAAU of any responsibility pertaining to any damage to property or personal injury or any occurrence relating to the animal and shall hold HAAU harmless regarding any damage or injury(ies) of any nature whatsoever, and agree to notify HAAU immediately of any damages and/or injury(ies). I agree to return the foster animal to a boarding facility chosen by the rescue in case of any issues. I agree to give HAAU a period of two (2) weeks from notification to them that the animal needs to be returned to HAAU. If the two week period does not take place, then I hereby agree to pay for two (2) weeks of boarding to Humans And Animals United, Inc. within twenty four (24) hours of the release of the animal from my possession.
When participating in the application process, including home-checks, meet and greets, foster, foster to adopt, events, any and aspects etc., with Humans and Animals United Inc., (HAAU), I assume all responsibility for any and all risks associated with said process. I hereby for myself, my Heirs, Executors, Administrators, or anyone else who might claim on my behalf, or anyone that I bring to the meet and greet release and discharge HAAU Humans and Animals United, which includes Board Members, Officers, Volunteers and any other parties involved with HAAU from any claims or liability of any kind whatsoever arising out of the rescuing process with HAAU, even though the liability may arise out of the negligence on the part of the parties named in this waiver. This release is given freely and voluntarily by the Participant and is meant to remain in existence throughout the duration of the rescuing process with HAAU.
ANIMAL MEET AND GREET - When participating in the application process, during a meet and greet with the animal or any events, any aspects etc., with Humans and Animals United Inc., (HAAU), I assume all responsibility for any and all risks associated with said process. I hereby for myself, my Heirs, Executors, Administrators, or anyone else who might claim on my behalf, or anyone that I bring to the meet and greet release and discharge HAAU Humans and Animals United, which includes Board Members, Officers, Volunteers and any other parties involved with HAAU from any claims or liability of any kind whatsoever arising out of the rescuing process with HAAU, even though the liability may arise out of the negligence on the part of the parties named in this waiver. This release is given freely and voluntarily by the Participant and is meant to remain in existence throughout the duration of the rescuing process with HAAU. If the animal is to be returned, then the animal must be returned ONLY to HAAU. It is your responsibility to foster the animal until a new placement is established or you can pay for up to three (3) months of boarding, and you hereby agree to pay for the transportation of the animal to the location preferred and recommended ONLY by HAAU.
TERMS/CONDITIONS/CONTROLLING AGREEMENT - 1: By execution of this document, you hereby agree that any dispute, controversy or claim arising out of or relating in any way to this agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of this agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to this agreement, the complaining Party shall notify Humans And Animals United, Inc. in writing thereof. Within thirty (30) days of such notice, both Parties shall attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies out of court exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after thirty (30) days from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. 2: This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. 3: If the Parties are not able to agree upon the selection of an arbitrator, within five (5) business days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association or a state/federal court judge in the state of Florida shall select the arbitrator in accordance with the terms of this agreement. For three arbitrators, each party shall select an arbitrator within five (5) business days of commencement of the arbitration who shall serve as a neutral arbitrator and the two designated arbitrators shall select a third neutral arbitrator within five (5) business days of their selection of the parties cannot agree on a third arbitrator. If the two arbitrators cannot agree on selection of a third arbitrator within five (5) business days of their appointment, American Arbitration Association or a state/federal court judge in the State of Florida shall select such arbitrator in accordance with the terms of this agreement. 4: The arbitrator(s) shall have five (5) years of experience in arbitration in the State of Florida, and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. 5: The arbitration shall be conducted in accordance with the commercial rules of the American Arbitration Association. 6: The arbitration shall be conducted in Hernando County, Florida, USA. 7: The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. 8: It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) business days from the date the arbitrator(s) are appointed. The arbitrator(s) may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. 9: Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. 10: The Parties shall not be entitled to discovery in the arbitration, except that any Party shall be entitled to request no more than one thousand (1000) pages of documents and to take three (3) depositions not to exceed eight (8) hours for each such deposition. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing. 11: The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten (10) business days before the arbitration hearing. 12: The arbitrator(s) shall have no authority to award punitive, consequential, special, indirect damages. The arbitrators shall not be entitled to issue injunctive and/or any other equitable relief. 13: The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable, including, without limitation, reasonable attorneys’ fees and costs, shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement. 14: Each party shall pay its own proportionate share of legal, attorney, representation and/or arbitrator fees and expenses, in addition to fees and expenses of the arbitrator it designated (if there are three arbitrators) and the arbitration fees and expenses of the American Arbitration Association. The arbitrator(s) shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion. This Agreement supplements and modifies any and all written or verbal agreements that you may have with the Company. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control. All other obligations of the parties remain subject to the terms and conditions of any other agreement.
CONTROLLING AGREEMENT - This Agreement supplements and modifies any and all written or verbal agreements that you may have with the Company. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control. All other obligations of the parties remain subject to the terms and conditions of any other agreement.
SIGNATURES - Please do not sign and submit this form if you do not fully understand and agree with all sections contained herein. By signing and dating this document you hereby understand, agree and accept all sections and terms within this document and you hereby acknowledge that all information provided herein is true to the best of your knowledge. This transaction and agreement is involving your acceptance of taking on the responsibility of an animal which has teeth and claws which could cause physical or property damage. By signing this document you hereby agree to release and hold harmless Humans And Animals United, Inc. along with any and all employees and associates from any potential issues which may arise legally from you accepting the animal into your possession. For clarity and understanding of the sections within this form, please consult your attorney.
IMPORTANT: Forms without signatures, dates or copies of driver’s licenses are discarded.