What Is a Dog Adoption Contract?
What is the purpose of a dog adoption agreement contract? In most circumstances, the majority of the dog adoption contract provisions are for the protection of the organization placing a dog in the home or for the protection of the adopted pet. It obligates the owner to care, treat and love their newly adopted animal. It is possible for an organization to prepare a simple adoption form but in the interest of full disclosure, we have outlined a few important matters that any adoption contract should address:
• Will you provide a health certificate for the dog? (IMPORTANT) This is to make sure the animal has been seen by a veterinarian and you are putting the new owner on notice that you are not liable for any sending home neglect they may inflict.
• What will be the adoption fee? It is hard to put a price on a life however your fee may be your best tool to properly care for the animal and/or cover veterinary costs. Some rescues or adoption groups will place their animals with a waiver for the fee but still require the owner to fill out an application.
• Will you require a reference or the completing of an adoption application: This is where you want to get as much information as you can about each potential adopter. You are trusting them with a potentially life long companion.
• Ask for or require a home inspection. Before donating your time , usually best case scenario is you can show the potential adopter a picture of what their yard or home setup will need to resemble. In the end it can save a lot of heart ache for the animal. You can also refer them to the city animal ordinances where applicable.
• Best interest clause. Generally this states that both parties agree to a trial period. In the event the dog is not a good fit, is sick, etc., there is a re-homing fee and the animal must be returned back to the shelter/the group that facilitated the adoption of the animal. Also, for animals that have been quarantined, this provision provides for the rescuer to retrieve the animal should owner fail to come forward.
It is important to remember that every adoption agreement is a contract and it is enforceable like all other contracts.
The Common Components of a Dog Adoption Agreement
A dog adoption agreement is an important contract that provides both the adopter and the animal shelter with a written record of the arrangement. There are many different components to the contract, including the dogʹs identification, adoption fees, rules and expectations for behavior, spaying/neutering information, and general release. Animal rescue organizations are not required to collect this information, but many choose to do so to ensure that the animal and the adopter are fully prepared.
Identification
Purpose: provides a description of the dogʹs identifying features
Details: Each dog is given a permanent ID number and a distinctive collar tag once it arrives at an animal shelter or rescue program. The collar tag is often engraved with the ID. This information provides a point of reference for adopters should they ever become separated from the pet.
Adoption Fee
Purpose: provides a cost for caring for the pet
Details: Taxpayer money goes toward taking care of animals in a municipal shelter or rescue program. While a tax-funded organization will most often charge little or nothing, a private animal rescue organization will charge an adoption fee. This fee goes toward taking care of the animals. Policy varies between organizations.
Spaying/Neutering
Purpose: provides medical information about how the adopter will care for the pet
Details: Spaying or neutering the dog places medical responsibility on the dog adopter. Preventing the dog from reproducing helps lower the number of animals in need of homes. Many municipalities require the procedure for transported dogs that arrive from other areas of the U.S. or abroad.
Adopter Agreement
Purpose: ensures that the adopter agrees to be responsible for the animal
Details: Adopters agree to properly care for the animal, including providing proper vaccinations, spaying/neutering, and avoiding behaviors that could cause harm to the animal or others. They must also sign an agreement to return the animal if they can no longer care for the pet.
Owner Release
Purpose: provides limited liability protection for the animal shelter or rescue program
Details: Should the pet become sick or injured, and the owner refuses or is unable to pay for medical care, the organization refuses to provide further care. This release also protects the agency from liability for specific types of damages.
Responsibilities in Dog Ownership and Rescue
The legal obligations set out in the dog adoption agreement go both ways. The dog rescues have some obligations to the dog owner; and the dog owners have obligations to the dog rescues.
In general, the rescues are obligated to tell prospective dog owners about the conditions and restrictions under which they are giving up their pet. For example, if the dog was a gift (stolen) from a family member, the dog may be sold by the rescues.
The rescues have duties to carry out their mission. For instance, the rescues must let the public know they are a non-profit and they must follow the local laws regulating non-profits. If doing business in more than one state, the rescues are required to register in each state.
Rescues have obligations to keep financial records and allow any interested persons to inspect them. The rescues (or their agents) must give receipts to donator for donations over $250. Receipt must also state that animal can be adopted out by anyone to any person or family.
And, finally, what does the law actually say about the dog owners’ obligations to the rescues?
Basically, it is whatever the rescues want. The rescues have obligations to screen dog owners and to tell them about the conditions under which the dog is being surrendered. All other conditions are negotiable.
Modifying an Adoption Contract to Meet Your Needs
The provisions of an adoption contract can be tailored to best fit the specific needs of the rescue organization and the prospective pet owner. In addition, contracts can include state-specific requirements for pet owners or rescues in order to comply with state law.
The following are some examples of additional clauses that can be added to an adoption contract, instead of or in addition to the those clauses set forth above:
— If the rescue organization only adopts out animals that have been spayed or neutered, and adopts out puppies and kittens, the following Clause will achieve this goal:
If the pet is a puppy (under 6 months) or kitten (under 8 months), you will not spay or neuter the pet until the pet reaches 6 months of age for dogs and 8 months of age for cats, and you will provide written proof that you have had the pet spayed/neutered within one (1) month after the pet has reached the respective age. If you do not provide proof that the pet has been spayed/neutered within one (1) month after the pet have reached the respective age, you agree that the adoption fee will not be refunded to you and you will return the pet to the Shelter upon demand by the Shelter.
— For adoptions that allow a prospective pet owner to have the option of adopting another pet, the following Clause will address the need to return a prior adopted pet prior to adopting another pet in order to comply with Section 76-4.4(A)(2):
If you previously adopted a pet from the Shelter, you must return your previously adopted pet to the Shelter before being approved to adopting another pet from the Shelter’s regularly scheduled adoption program .
— If a rescue only adopts pets to owners who own their homes, will not adopt pets into families with children who are under the age of 10, or considers a pet with a serious health concern as part of the family and wants to ensure that the person who adopts the pet has the right facilities and care, the following Clause can be used:
You acknowledge that you have owned your home for at least three (3) years. You further acknowledge and agree that if you do not own your home, you must return the pet to the Shelter within five (5) days of discovering that you cannot keep the pet.
You understand and agree that if you allow your child(ren) under the age of 10 to interact with the newly adopted pet(s) before you have discussed proper care with your child(ren), and/or if your child(ren) display any concerning behavior towards the adopted pet(s), the Shelter reserves the right to have you immediately return the pet(s) to the Shelter upon demand.
You understand and agree that if your pet has been diagnosed with any serious health condition(s), you have the right and duty to consult a veterinarian about your new role as pet owner and to seek advice regarding proper care for the pet. You further understand and agree that it is critical that you have the right home facilities, where the pet must be able to play and sleep in a safe (e.g., secure fencing, no long plastic leashes or rope leashes that can entangle animals) and loving environment that meets the pet’s needs.
Common Pitfalls When Drafting Adoption Contracts
When drafting or signing a dog adoption agreement contract, it’s important to avoid common mistakes that can result in misunderstandings and disputes between the parties involved. Here are some of the pitfalls to watch out for:
Not Understanding the Terms: Both the rescuer and adopter should take the time to read and understand all terms of the adoption agreement before signing it. If there are any terms that are unclear, they should be clarified with the person who prepared the document, preferably by email so that there is a record of the communication.
Not Disclosing All Information: Both parties should be forthright with all relevant details about the dog, including any health issues, behavioral problems, or other concerns. Failure to fully disclose information can lead to conflict later on.
Overlooking State or Local Laws: It is important to be aware of and comply with any state or local laws regarding the adoption of animals, including laws relating to licensing, registration, and vaccination requirements.
Lack of Clarity: Many adoption contracts use a "one-size fits all" approach that does not address the specific needs of the dog or the circumstances of the adopter. It is important that the contract be customized to the specific situation.
Overly Strict or Vague Provisions: Some contracts may contain provisions that are either too strict or too vague, which can lead to confusion and disputes. It is important that all terms and conditions be clearly stated and reasonable.
Unrealistic Expectations: Both parties should have realistic expectations of what is required under the contract and the responsibilities involved in caring for a dog. This includes financial obligations, time commitments, and any other factors that may impact the adoption.
Not Including a Return Policy: It is important to have a return policy in place that outlines the process for returning a dog if necessary. This should include details on how long the adopter has to return the dog, any fees that may apply, and how the fees will be calculated.
Being Unprepared: It is important to have all necessary documentation, such as proof of vaccination and spaying/neutering, available at the time of adoption.
Depending on the situation, corrections can be made to these mistakes that are reasonable for all involved.
The Value of Reviewing Your Adoption Contract
A dog adoption agreement contract is a legal document just like any other contract. You must fully understand the terms of the contract before signing it. You should look for the legal meaning for specific words & phrases in the contract. You must also be aware of what your legal responsibilities are & when you need to return the dog. Dispute will arise if there is any confusion as to these critical issues.
You should not sign an adoption agreement dog contract if you do not fully understand it. The legal consequences can be serious. You would be forced to incur legal fees to have the contract set aside by a judge. The animal rescue group that you adopted your dog from would most likely agree with this.
If you are still unsure of the adoption contract , then you should get legal advice before you sign it.