Columbia, TN 38401
09/02/2010 05:38 PM
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All American Dachshund Rescue This Adoption Agreement is entered into this day of , 200 , between ALL AMERICAN DACHSHUND RESCUE, AADR a Tennessee non-profit corporation and , an individual resident of the State of (“Adopter”). All American Dachshund Rescue is a Tennessee nonprofit corporation whose sole purpose is to ensure that each dachshund in its care is placed in a home that will lovingly care for and make the dachshund a permanent member of the family. All American Dachshund Rescue is run exclusively by volunteers, and does not profit financially from adoption fees or donations. All American Dachshund Rescue wishes to give the dachshund described below to Adopter, and Adopter wishes to adopt the dachshund and provide it a permanent and loving home. Agreement Adoption. Adopter adopts the following dog (the “Dachshund”) from AADR, and AADR agrees to give the following Dachshund to Adopter:
Adopter’s Covenants. Adopter shall adhere to and obey all county, municipal, state and national laws and ordinances pertaining to animal ownership. Adopter shall provide a loving home and care for the Dachshund in a humane manner for the remainder of its life. Adopter shall ensure that the Dachshund is provided with fresh food and water; a clean and dry living environment; and sufficient daily exercise. Adopter shall not restrain the Dachshund in a manner causing it to suffer, or confine the Dachshund in a cruel manner but shall provide a fenced in yard or keep it on a leash so as not to put the Dachshund in harms way .Adopter shall provide the Dachshund with a safe collar with up-to-date rabies and ID tags bearing Adopter’s current contact information. Adopter shall adopt the Dachshund only as a personal companion and not as a gift for someone else. The Dachshund may never be used for any type of research, commercial venture or financial gain. Transport and Delivery. AADR shall assist the Adopter in the transport of the Dachshund to its permanent home in a manner mutually agreed upon by AADR and the Adopter and in the best interest of the Dachshund, and to ensure the health and well-being of the Dachshund while in transit between the foster home and the Adopter. AADR shall be responsible for all costs and expenses arising during or related to transport of the Dachshund by AADR, including but not limited to the cost of fuel, food, shelter and unanticipated medical treatment, unless the parties agree otherwise in writing. Adopter shall be responsible for costs or expenses arising during or related to the transport of the Dachshund by Adopter or a person other than a AADR representative, including but not limited to the cost of fuel, food, shelter and unanticipated medical treatment, unless the parties agree otherwise in writing. Medical and Health. No Warranty of Health. AADR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE CURRENT OR FUTURE HEALTH OR PHYSICAL CONDITION OF THE DACHSHUND. AADR will provide the Dachshund’s medical history to Adopter when and to the extent available, however, provision of the Dachshund’s medical history shall not be construed in any way as a warranty or guarantee of the Dachshund’s present or future health. Upon request, AADR shall provide Adopter with the name and contact information of the Dachshund’s primary veterinarian while in AADR’s care. Known Medical or Health Conditions or Defects. Adopter acknowledges that the Dachshund exhibited the following medical conditions and/or health defects while in AADR’s care. Such medical conditions or defects are the only ones known to AADR (enter “none” if none):
Adopter further acknowledges that AADR in no way warrants or guarantees that these are the only medical conditions or health defects that may be present in the Dachshund at the time of adoption. Initial Veterinary Visit. Adopter shall take the Dachshund to a licensed veterinarian for a general checkup within thirty (30) days of the effective date of this Agreement. Unless otherwise agreed to in writing, Adopter shall be responsible for the cost of the general checkup even if the Adopter returns the Dachshund to AADR. Medical Care and Treatment. After delivery of the Dachshund to Adopter, Adopter shall be responsible for the procurement and costs of all medical care and treatment for the Dachshund, including medical care and treatment for conditions or illnesses existing before delivery of the Dachshund to Adopter, whether known or unknown to AADR. Such medical care and treatment includes but is not limited to the following: All normal yearly vaccinations and tests as required by law and/or recommended by Dachshund’s veterinarian, including but not limited to rabies, HDPP(no lepto), & heartworm testing; Yearly dental examinations, or as more frequently needed; Yearly medical checkups; Medications, whether prescription or over-the-counter; Medical care for any illness, injury or condition not treated in the course of the normal yearly medical checkup; Grooming necessary to maintain the Dachshund’s general health; Administration of monthly medication for flea prevention; and Year round administration of heartworm preventive medication. NEXT HEARTWORM PREVENTIVE DUE ON: Terminal or Catastrophic Illness or Injury. Adopter shall promptly inform AADR of any situation involving a terminal or catastrophic illness of, or severe injury to, the Dachshund, including illnesses or injuries requiring the possible euthanasia of the Dachshund. If the cost of treatment of the Dachshund’s illness or injury is more than Adopter is able or willing to pay, Adopter shall return the Dachshund to AADR to provide the Dachshund with medical treatment. At AADR’s sole discretion, the Dachshund may be returned to Adopter after successful treatment and recovery. Euthanasia. The Dachshund may be euthanized only with the express prior written consent of AADR. Indemnification and Hold Harmless; Liability. Adopter shall indemnify and hold harmless AADR, along with its agents, volunteers, directors, officers and employees, from and against any and all claims, demands, losses, damages, liabilities, actions, and causes of action, and expenses, including without limitation attorneys’ fees and litigation costs and expenses, arising from or related to the following, whether directly or indirectly caused by the Dachshund, and occurring on or after the effective date of this Agreement: (1) damage to real or personal property, and/or (2) injury, illness or death of any person or animal. Adopter shall indemnify and hold harmless AADR, along with its agents, volunteers, directors, officers and employees, from and against any and all claims, demands, losses, damages, liabilities, actions, and causes of action, and expenses, including without limitation attorneys’ fees and litigation costs and expenses, with respect to any illness, condition, behavior or defect of the Dachshund, whether known or unknown, physical, mental or behavioral, and whether arising before or after the effective date of this Agreement. Adopter accepts liability, financial or otherwise, for any damaging, destructive or harmful behavior of the Dachshund occurring on or after the effective date of this Agreement. While in the care of AADR, the Dachshund displayed the following potentially negative behaviors (enter “none” if none):
Adopter further acknowledges that the Dachshund may exhibit negative or undesirable behaviors not noted in this Agreement. AADR IN NO WAY WARRANTS OR GUARANTEES THAT THE DACHSHUND WILL OR WILL NOT BEHAVE IN A PARTICULAR MANNER. Visitation. Adopter shall allow AADR, or a representative thereof, to visit Adopter’s personal residence from time to time during the life of the Dachshund to ensure compliance with the terms of this Agreement. Adopter shall use his or her best efforts to schedule a visit within three (3) days of AADR’s request for visitation. Visits shall take place during normal daylight hours, unless the parties mutually agree otherwise. If AADR determines in its sole discretion during a visitation that Adopter is not in substantial compliance with the terms of this Agreement, AADR may immediately retake permanent possession of the Dachshund. Adoption Donation; Dishonor of Checks. Adopter agrees to pay in full the Adoption Donation as set forth below upon execution of this Agreement. The Adoption Donation is non-refundable, except as provided in Section 8. In the event Adopter’s personal check is dishonored or returned for any reason, Adopter shall pay the Adoption Donation to AADR upon demand. Failure by Adopter to make payment upon demand shall permit AADR to void this Agreement. If AADR chooses to void this Agreement, Adopter shall return the Dachshund to AADR upon demand. Adopter shall reimburse AADR for any service charges or fees resulting from the dishonor of Adopter’s check for any reason. The Adopter shall have five (5) calendar days from notification by AADR of the assessment of a service charge to pay the service charge or fee. Failure by Adopter to comply with this Section 7.3 shall permit AADR to void this Agreement. If AADR chooses to void this Agreement, Adopter shall return the Dachshund to AADR upon demand. If Adopter has paid all or part of the Adoption Donation to AADR, AADR shall return all amounts received, minus the amount of any service charges or fees. Trial Period; Return of the Dachshund to AADR. Trial Period. Adopter may keep the Dachshund for an initial Trial Period, which shall begin upon delivery of the Dachshund to the Adopter, and shall end on , 200 . Adopter may request an extension of the Trial Period, which may be granted in AADR’s sole discretion. Please request more time if needed and do not decide within a day or two that it won’t work. It takes time for these dogs to adjust and you as well. They are not going to come in and just fit in. It’s going to take work on your part and on the dachshund’s. DON’T GIVE UP!! Adopter may arrange for the return of the Dachshund to AADR without penalty at any time before the expiration of the Trial Period. Upon physical return of the Dachshund to AADR by Adopter pursuant to this Section 8.1.2, SSDR shall refund the Adoption Donation in full to Adopter, less a reprocessing fee of $25.00. Unless otherwise agreed to in writing, Adopter shall be responsible for all costs and expenses incurred during or after the Trial Period and prior to the physical return of the Dachshund to AADR, including but not limited to food, supplies, veterinary visits, medication and grooming. Return to AADR. Adopter shall return the Dachshund to AADR if the Adopter cannot or does not wish to continue to own, care for or keep the Dachshund after the Trial Period. Adopter shall give AADR at least three (3) weeks notice of Adopter’s intention to surrender the Dachshund, during which time Adopter shall pay for reasonable boarding charges if the Dachshund cannot stay in the Adopter’s home safely. Unless otherwise agreed to in writing, Adopter shall be responsible for all costs and expenses incurred prior to the physical return of the Dachshund to AADR, including but not limited to food, supplies, veterinary visits, medication and grooming. Transfer only to AADR. Relinquishment of the Dachshund to any person other than AADR shall constitute a material breach of this Agreement, unless AADR expressly waives this provision in writing. Material breach shall not include placement of the Dachshund in the temporary care of another person while Adopter is ill or temporarily away from home. Adopter agrees to pay damages in the amount of $300.00 in the event of such material breach, and shall promptly cause the Dachshund to be returned to AADR upon demand. Identification Microchip. The chip is to be registered in your name as soon as you know you are going to keep the Dachshund. The white copy goes to 24PetWatch in the self addressed envelope provided. Make sure your vet has a copy of the chip number. Also, please consider keeping our number on file as an emergency contact. Miscellaneous Legal Provisions. No Warranties. AADR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE DACHSHUND, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. ADOPTER ACCEPTS THE DACHSHUND ON AN “AS IS” BASIS. Legal Costs. If legal action becomes necessary to enforce the Agreement, Adopter agrees to reimburse AADR for all expenses related to any action in which AADR is the prevailing party, including but not limited to all attorney fees and related expenses. It is not AADR’s intention or desire to take legal action against the Adopter. As a volunteer-run nonprofit organization, however, AADR cannot afford legal costs and this provision is intended to encourage the parties to resolve any disputes without resort to litigation, so that AADR’s limited resources can be used for the dachshunds in its care. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. This Agreement and its subject matter have substantial contacts with Tennessee, and all actions, suits, or other proceedings with respect to this Agreement shall be brought only in a court of competent jurisdiction sitting in Davidson County, Tennessee, or in the United States District Court having jurisdiction over that County. In any such action, suit, or proceeding, such court shall have personal jurisdiction of all of the parties hereto, and service of process upon them under any applicable statutes, laws, and rules shall be deemed valid and good. Entire Agreement. This Agreement, including any forms, exhibits, schedules, lists and other documents and writings referred to herein or delivered pursuant hereto, all of which form a part hereof, contains the entire understanding of the parties with respect to its subject matter. It merges and supersedes all prior and/or contemporaneous agreements and understandings between the parties, written or oral, with respect to its subject matter, and there are no restrictions, agreements, promises, warranties, covenants or undertakings between the parties with respect to the subject matter hereof other than those expressly set forth herein. This Agreement may be amended only by a written instrument duly executed by all parties or their respective heirs, successors, assigns or legal personal representatives. Severability. In the event that any provision of this Agreement, or the application thereof to any person or circumstance, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, or the application of the invalid, illegal, or unenforceable provision to any other person or circumstance, and this Agreement shall then be construed as if such invalid, illegal, or unenforceable provision had not been contained in this Agreement, but only to the extent of such invalidity, illegality, or unenforceability. Waiver of Breach. No covenant or condition of this Agreement can be waived except by the written consent of the parties. Forbearance or indulgence by either party in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by the other party to which the same may apply and, until complete performance of said covenant or condition, said party shall be entitled to invoke any remedy available under this Agreement or by law or in equity despite said forbearance or indulgence. Other. The violation of any of the terms of this Agreement by Adopter, including the failure to pay the agreed upon Adoption Donation for whatever reason, shall result in this Agreement being voidable at AADR’s option. If AADR chooses to void the Agreement, the Adopter shall immediately return the Dachshund to AADR upon demand. Adopter verifies that he/she is 21 years of age or older. The Adopter acknowledges that he/she has read and understands all the terms and conditions of the Adoption Agreement. The Adopter acknowledges by signing this Agreement he/she agrees with the terms and conditions of the Agreement. 11.4 If you would like to be signed up for our email Action Line please add your e mail address here.______________________________________ Your e mail address will never be sold or given out at any time and you can opt out at any time. Our Action Line is an email sent to supporters and friends with updates on special needs foster dogs, AADR special events and important news. IN WITNESS WHEREOF the parties hereto have caused the Agreement to be executed by themselves or their duly authorized representatives as of the day and year first written above.
Please print clearly:
Adoption Donation: $___________________________________________________ Type of Payment (check one): O Money Order O Check
Please make payment to: ALL AMERICAN DACHSHUND RESCUE(AADR) PLEASE JOIN US FOR OUR DACHSIE DERBY PICNIC MAY 15, 2010 WATCH OUR WEBSITE FOR THE DETAILS…………FUN FOR ALL!!
PLEASE CONSIDER GIVING A DONATION TO YOUR LOCAL ANIMAL SHELTER OR THIS ORGANIZATION, SSDR ANYTIME. WE ARE ALWAYS IN NEED OF FUNDS TO PAY FOR VETTING BILLS OR FOR SPECIAL NEEDS DOGS.
A POSITIVE APPROACH TO HOUSE TRAINING Why does house training fail? That’s the question a lot of people ask every day, usually while cleaning up after a growing puppy they admit is only "partially" house trained, which is not really house trained at all. If you are struggling with a puppy who just doesn’t seem to be catching on, take some time to review your battle plan, with an eye toward avoiding those traps that sabotage your efforts. First among these traps is using a negative approach to house training. Successful house training requires setting up a potty schedule, limiting your pup’s roaming options to areas you can supervise, showing your puppy the area you want him to use, and praising him for going there. Generations may have followed the old "shove his nose in it and swat" method, but that doesn’t work as well as a positive approach, your puppy may not know why he is being punished. You simply must go out with your puppy and praise him for getting it right. You’re not being fair otherwise. Even with a positive approach, people make mistakes. Here are a few things to remember. Understand your puppy’s physical limitations. Little puppies have little storage capability and need to be taken out frequently. Do not expect growing puppies to be able to "hold it" as long as a healthy adult dog can. If you must leave your puppy for the day, limit his wandering to a small area and put down newspapers to make cleanup easier. Don’t punish him for any messes he makes while you’re gone. Take him outside, let him relieve himself and praise him. Clean up the mess inside without comment. Remember how puppies work. Puppies need to relieve themselves after they wake up, after they eat or drink, and after playing, make sure to take your puppy out then. Feed your puppy at regular intervals to help predict when your puppy will need a trip outside. Clean up mistakes thoroughly. What you can’t see, a puppy can still smell, and smells invite repeat business. Keep commercial products on hand that use enzyme action to break down the smell. White vinegar also does a great job of neutralizing the odor of urine. Don’t use an ammonia based product though. Ammonia smells like urine to your pet. Limit your puppies wanderings. Close doors and use baby gates to keep your puppy where you can keep an eye on him. If you see him start to make a mistake, you can whisk him outside and praise him for finishing the job where you want him to. Be patient and consistent. While some dogs seem to house train themselves, others are slower to learn Just keep working at it. If you’re still struggling after a month or so (and especially if you’re having house training problems with a grown dog), have your veterinarian check to make sure your dog has no health problems, and then ask for a referral to an animal behaviorist. HOW TO CRATE TRAIN Reasons to Crate Train Dogs are natural den animals. In a case of illness, the dog adopts easier to hospitalization, increasing healing response time by reducing stress when crate trained. Housebreaking is easier when the dog is not given free rein to act inappropriately. How to Crate Train Set the mood by creating a positive association with the crate. Feed all meals and treats in the crate initially with the door open and the dish or treat near the open door. Put the food or treat inside the crate and instruct the dog to "go home" (or other appropriate term) and praise the dog with "good go home" upon the dog entering the crate. Gradually, move the bowl deeper into the crate with each feeding. When the dog appears confident entering the crate to eat, close but don’t secure the door so that the dog can come out. Repeat "good home" only when the dog stays in the crate. When the dog appears comfortable with the door closed behind it, progress to securing the door and leaving the dog into the crate for 10 - 20 minutes. When the dog is quiet (for a least 3 minutes), open the door and take the dog outside to eliminate after the meal. Recognize the dog being quiet when releasing it from the crate with "good quiet ". Repeat the scenario with any treats. Try giving toys in the crate. Hints for Successful Crate Training Make sure the crate allows the dog the ability to stand up and lay down but not so big as to allow the dog to eliminate on one side of the crate and still sleep in the other end. Experiment with wire and plastic crates. Different types suit different dogs. Consider draping blankets over part of the crate for fearful dogs giving them a private room for shelter. Leave the door open/accessible when home with the dog so that he may enter/exit at will. Be aware of where you place the crate. Sometimes two crates are necessary. One for the main part of the home and one for the bedroom where you sleep for those dogs having trouble making the transition to sleeping through the night quietly. Consider the air flow, sun coming in, traffic going by for dogs sensitive to stimuli, etc.. Do not leave the crate in the dark or in the basement. Make sure you know when your dog has to go outside to relieve itself. If you train your dog to signal you to go outside by ringing a bell hung on the door, then consider hanging one in a safe place on the crate where the dog can ring the bell to let you know it needs to relieve itself. Make sure the bell can not be chewed on or the dog cannot get hung up on the bell. Spend the money for a heavy gauge quality crate that is stable. Many dogs just don’t like the squeaks and movement of a cheap crate. Also, the safety factor is decreased with cheaper crates as they usually have more "give" allowing the dog to escape or to get body parts caught incurring injury.Limit crate time while training. Build up to longer reasonable periods of time. Be pro-active not reactive, allow your dog time to get out to relieve itself rather than chance soiling in crate. The last place your dog wants to soil is his crate, if he soils in his crate it means he could not hold himself any longer.
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