If after reading this Adoption Contract you want to apply to adopt one of our pets, fill out our on-line Application or download our Adoption Application (You will need Acrobat Reader to access the application. If you need a different format, contact us and we will send it to you.)

Adoption Contract

This agreement is made this ____ day of _______________ in the year ______, by and between Barking Mutt Animal Welfare Society (hereinafter Barking Mutt AWS), by and through its representative ______________________________, and __________________________________________, (hereinafter, Adopter). The term Adopter includes both singular and plural wherever found herein. The laws of the State of Oklahoma shall govern the interpretation of this contract.

1. Adoption Application: The adoption application completed by the Adopter is appended to and a part of this contract.

2. Release of Liability and Hold Harmless Clause: The Adopter hereby understands, promises, and agrees that in consideration of the receipt of this animal, that they and each of them forever release, discharge and covenant to hold harmless Barking Mutt AWS and any other person, firm, or organization charged or chargeable with responsibility or liability, their heirs, administrators, executors, successors, and assigns from any and all claims, damages, costs, expenses, loss of services, actions, and causes of action belonging to the said Adopter, or to any other person or entity, arising out of any act or occurrence from the present and particularly on account of the conduct, actions, adoption and/or recovery by Barking Mutt AWS of the animal identified in paragraph 3.

3. Identification of Animal (hereinafter Pet):
Pet’s Name (at time of adoption) _____________________________________
Species: ____ Dog ____ Cat Other: _______________________________________
Approximate Age: ___________________________
Breed(s) __________________________________________________________________________________

4. Adoption Donation: Barking Mutt AWS acknowledges receipt of a total donation in the amount of $_______________ from the Adopter. Adopter understands and acknowledges that the donation does not represent a fee or a sales price for the Pet, but a contribution to defer Barking Mutt AWS rescue expenses both directly and indirectly attributable to the rescue of this and other pets.

5. Medical Tests and Procedures: Barking Mutt AWS represents that the pet has had the following vaccinations, and medical procedures:
_________________________________________________________________
_________________________________________________________________

Barking Mutt AWS cannot guarantee the health of any animal. Adopter agrees that Barking Mutt AWS is not responsible for any medical expenses which may be incurred by the Adopter on behalf of the dog after the adoption is approved as final and any expenses provided before finalization (as agreed in Section 6) will utilize the “free” month of Pet Insurance provided. It is the reponsilibity of the Adopter to sign-up for such insurance.

6. Finalization of Adoption: The Adopter agrees that adoption of the Pet will not be final until after a follow-up visit by a representative of Barking Mutt AWS, which shall occur within 15 to 30 days following the signing of this contract. In the event the Barking Mutt AWS representative determines the adoption will not be finalized, the Pet will be immediately released to said representative and the adoption fee will be returned within thirty [30] days of the determination.

7. Veterinary Care: The Adopter agrees to regular (yearly or more often if advised by veterinarian) physical checkups including but not limited to testing for heartworms and intestinal parasites, rabies vaccinations as required by law in the state or municipality where the dog is domiciled, and vaccination boosters as recommended by the Adopter’s veterinarian.

8. Representation by Barking Mutt AWS: Barking Mutt AWS represents that the Pet is the “sole property” of Barking Mutt AWS. However, Adopter hereby releases forever Barking Mutt AWS from any liability whatsoever due to misrepresentations unknown to Barking Mutt AWS of persons in prior possession of the dog. Barking Mutt AWS makes no explicit or implicit guarantee regarding the health and/or temperament of the Pet and/or whether the Pet is housebroken. The Pet is adopted “as is” and the Adopter assumes all responsibility for treatment of any and all existing conditions or any other physical, behavioral, or temperament changes which may occur.

9. Covenants of Adopter Regarding Care and Handling: Adopter certifies, warrants, covenants and agrees that:
(a) Heartworm preventative will be given under veterinary supervision and according to regional veterinary practices the states where the Pet is domiciled.
(b) Adopter agrees to provide the Pet adequate, nutritious food, water and shelter at all times. Including shelter from sun, wind, precipitation, cold and extreme heat when outdoors; adequate space if crated indoors (in crate no more than eight [8} hours in a twenty-four [24] hour period, crate large enough for the Pet to stand at its full height without touching the top of the crate with enough space to turn around and lie down fully extended on its side.). Adopter agrees that when outdoors the pet will be either in an adequately fenced yard or on leash and under the control of a responsible owner/handler.
(c) Adopter agrees to refrain from and to prevent any other person from abusing the Pet either emotionally or physically or otherwise treat the Pet in an inhumane manner.
(d) Adopter agrees that the Pet shall not be left unattended by an adult with children under the age of six [6] years at any time.
(e) Adopter agrees to not permit the Pet to run at large and/or become a public nuisance in violation of city and/or state laws.
(f) Adopter agrees to not re-home the Pet without prior approval from Barking Mutt AWS. In the event the Adopter can no longer care for the Pet, Barking Mutt AWS must be notified and either obtain permission for re-homing or return the Pet to Barking Mutt AWS.
(g) Adopter agrees to not, under any circumstances, turn the Pet into any municipal or country animal shelter. If Pet is picked up by any shelter, animal control or other governmental agency, the Adopter agrees to retrieve (unless being held for rabies evaluation, or other legal matters) the Pet within 24 hours of notification. Adopter agrees that if Pet is not retrieved within the stated 24 hour period, or the Pet is to be euthanized within 48 hours, the above stated notification period is waived, and the legal ownership of the Pet immediately reverts to Barking Mutt AWS.
10. Forfeiture: Any breach by Adopter of this contract shall, at the sole discretion of Barking Mutt AWS, constitute immediate forfeiture by the Adopter of any and all of the adopter’s interest, and/or the interest of Adopter’s successors, heirs, or assigns, in or to the Pet. Adopter agrees to transport the Pet to the representative authorized by Barking Mutt AWS to receive the Pet and/or consents to entry by a Barking Mutt AWS representative onto any premises where the dog may be found upon reasonable notice at any reasonable time to effectuate recovery of the Pet. Adopter understands and agrees that there will be no refund of any donation made to Barking Mutt AWS in the event of the return to or recovery by Barking Mutt AWS (except as provided in section 6 of this contract) of a forfeited Pet. Failure by Barking Mutt AWS to assert its rights under this provision shall not constitute a waiver by Barking Mutt AWS of said rights. Please note any check returned to Barking Mutt AWS for insufficient funds is considered to be a breach of contract and will be turned over to a recovery representative for collection.
11. Liquidated Damages: Adopter acknowledges that Barking Mutt AWS has invested substantial monies, both specifically allocable to this dog and otherwise, and agrees that a requirement of a specific accounting for the costs incurred for the purpose of rescuing, fostering, and rehabilitating, and if necessary, recovering, the Pet would be onerous. Adopter therefore agrees that if the Adopter fails to return the dog to Barking Mutt AWS upon demand, Adopter shall pay to Barking Mutt AWS liquidated damages in the amount of two hundred dollars ($200.00). Said liquidated damages shall be paid to Barking Mutt AWS whether or not Barking Mutt AWS is able to recover the dog through other channels. Adopter further agrees to reimburse Barking Mutt AWS for necessary costs and attorneys fees expended to recover the Pet, as well as the aforesaid liquidated damages.
12. Costs and Expenses: Adopter agrees that any and all costs, expenses and/or attorneys fees incurred by Barking Mutt AWS to enforce this agreement and/or to recover the pet for Adopter because of adopter’s failure to comply with any term of this agreement shall be paid by Adopter. Adopter agrees that Barking Mutt AWS is not responsible for any such costs or expenses of adopter.

The undersigned Adopter, hereby accepts possession of, title to (subject to the conditions of this adoption contract and finalization approval by Barking Mutt AWS), and responsibility for the Pet adopted and agrees to release and discharge Barking Mutt AWS forever from liability for any injury or damages to any person or property caused by the adopted Pet, and from any causes of action, claims, suits, or demands whatsoever that may arise as a result of such injury or damages.

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