This is only for information purposes. You can not complete this form for the purpose of adopting a dog from K9 Enrichment Intiative, Inc.
*** Please read this agreement carefully. This agreement governs your obligations, responsibilities, and liabilities as an Adoptive Parent. ***
*** Caring for an animal is a serious commitment. If you cannot or do not intend to care for the adopted dog as a member of your family for the entirety of the dog’s life, please do not adopt. ***
This Adoption Agreement (“Agreement”) is effective as of the date of last signature below (“Effective Date”) and is between K9 Enrichment Initiative, Inc., an Illinois nonprofit corporation located at 123 Main Street, Plainfield, Illinois 60544-3156 (“KEI”), and the individuals identified in the signature block (individually and collectively, “Adoptive Parent”).
Adoptive Parent desires to adopt the dog identified below (“Dog”) and KEI desires Adoptive Parent to do the same, all in accordance with the terms of this Agreement.
|Name:||Date of Birth / Age:|
|Breed(s):||Color(s) / Pattern(s):|
|Sex:||F / M (circle one)||Tattoo:|
|Size / Weight:||Microchip Brand and ID #:|
|Rabies Tag ID # and County:|
In consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, therefore, agree as follows:
- Transfer of Ownership; Adoptive Parent Obligations. Upon KEI’s receipt of the fees identified above from Adoptive Parent and subject to the terms of this Agreement, ownership of the Dog is transferred from KEI to Adoptive Parent. Adoptive Parent will provide a safe home and environment for the Dog at Adoptive Parent’s residence and will treat the Dog as a member of Adoptive Parent’s family. Adoptive Parent agrees to allow KEI to follow up on the Dog’s welfare and Adoptive Parent’s compliance with this Agreement by phone, in person at Adoptive Parent’s residence, or otherwise. Adoptive Parent is responsible for all expenses incurred in carrying out this Agreement. All fees payable under this Agreement are nonrefundable and nontransferable.
- Adoptive Parent Warranties.
- Adoptive Parent warrants that she/he will perform her/his obligations under this Agreement in compliance with all applicable laws and regulations.
- Adoptive Parent warrants that she/he is at least 18 years of age.
- Adoptive Parent warrants that neither she/he, nor any person residing with Adoptive Parent or who may have frequent contact with the Dog, has ever been charged with or convicted of any offense related to or involving the abuse, cruelty, neglect, or abandonment of animals.
- Adoptive Parent warrants that she/he will at all times provide the Dog with comfortable, clean indoor housing; high-quality dog food; fresh water; and proper grooming.
- Adoptive Parent warrants that she/he will administer heartworm, flea, and tick prevention medication and will take the Dog to a licensed veterinarian if the Dog requires medical attention, including for routine vaccinations, annual physical exams, and heartworm testing.
- Adoptive Parent warrants that she/he will ensure that that the Dog sleeps comfortably inside Adoptive Parent’s residence and receives adequate social interaction, playtime, and exercise.
- Adoptive Parent warrants that she/he will ensure that the Dog wears a collar with a valid rabies tag and an identification tag containing Adoptive Parent’s contact information at all times when the Dog is in public or otherwise outside of Adoptive Parent’s residence.
- Adoptive Parent warrants that the following equipment will not be used on the Dog by themselves, or any person who is handling the Dog: (i) prong training collar, (ii) electric shock collar, (iii) choke collar, (iv) invisible fencing. Adoptive Parent warrants the Dog will not be taken to dog parks due to the high risk of infection of from ill dogs or endangerment by another dog at the park.
- Adoptive Parent warrants that she/he will not, nor will Adoptive Parent allow any person to: (i) abuse, neglect, harm, abandon, or otherwise mistreat the Dog in any way; (ii) subject the Dog to experimentation; (iii) rent, lease, loan, or sell the Dog to a laboratory or similar facility; (iv) use the Dog in any form of racing, fighting, or revenue-generating activity for purposes of amusement or entertainment; or (v) subject the Dog to cosmetic surgery or other elective medical procedures (for example, ear cropping, tail docking, or claw removal) unless determined to be medically necessary by a licensed veterinarian.
- Adoption Rules.
- Adoptive Parent will, at her/his own expense, take the Dog to a licensed veterinarian within two weeks after adopting the Dog for a physical exam and overall health check-up.
- Adoptive Parent will promptly contact KEI to update the file with Adoptive Parent’s contact information. Adoptive Parent will keep the contact information on file with KEI who is the microchip issuer complete and up to date.
- Adoptive Parent will, upon KEI’s request, provide KEI with the name of and contact information for the Dog’s veterinarian(s). Adoptive Parent hereby authorizes such veterinarian(s) to release to KEI upon KEI’s request all medical records relating to the Dog so that KEI may evaluate the Dog’s medical needs.
- If the Dog is ever lost or stolen, Adoptive Parent will exhaust all options in locating the Dog, including by promptly notifying KEI, filing police reports, contacting animal control authorities, animal shelters, and veterinarians, posting “lost dog”-type flyers, and placing ads in online and local newspapers and publications.
- Adoptive Parent hereby grants to KEI the right of first refusal if Adoptive Parent ever becomes no longer able to care for or keep the Dog or if the Adoptive Parent desires to relinquish or sell the Dog, but KEI is under no obligation to accept the Dog. If the Dog is ever returned to KEI for any reason, Adoptive Parent will be responsible for all expenses incurred in the course of such relocation, including transportation costs. Adoptive Parent warrants that she/he will not euthanize the Dog unless pursuant to the recommendation of a licensed veterinarian. Adoptive Parent hereby authorizes and orders her/his future heirs, trustees, and personal representatives of her/his estate to return the Dog to KEI as soon as possible after Adoptive Parent’s death.
- No Warranty. The Dog is provided “as is” and without any warranty of any kind. Although the Dog may have received or undergone temperament testing, training, or medical evaluation, KEI does not guarantee the temperament or behavior of the Dog and KEI does not warrant or guarantee that the Dog is free of health or genetic defects. To the maximum extent permitted by applicable law, KEI expressly disclaims all warranties of any kind with respect to the dog, including without limitation those regarding merchantability and fitness for any use or purpose. No advice or information, oral or written, obtained by Adoptive Parent from KEI creates any warranty.
- Waiver & Release. Adoptive Parent recognizes that, in caring for the Dog, there exists a risk of injury, including physical harm that may be caused by the Dog. Adoptive Parent assumes the risks of caring for the Dog, including the risks of being bitten, scratched, injured, frightened, and otherwise harmed. On behalf of herself/himself and her/his heirs and assigns, Adoptive Parent hereby fully releases and discharges KEI and its directors, officers, owners, employees, contractors, volunteers, agents, representatives, successors, and assigns (together, “KEI Parties”) from any and all past, present, and future claims, losses, lawsuits, causes of action, demands, complaints, damages, judgments, settlements, fines, penalties, costs, expenses (including attorneys’ fees), and other liabilities of whatever kind or nature that may arise out of or in connection with this Agreement or the Dog, including any physical or mental injury that may be caused, directly or indirectly, by the Dog. Adoptive Parent also agrees not to sue any KEI Party in connection with any such liabilities. This release is irrevocable.
- Adoptive Parent will indemnify, defend, and hold harmless KEI Parties from and against all claims, losses, lawsuits, causes of action, demands, complaints, damages, judgments, settlements, fines, penalties, costs, expenses (including attorneys’ fees), and other liabilities of whatever kind or nature that arise out of or in connection with this Agreement or the Dog.
- Limitation of liability. To the maximum extent permitted by applicable law, in no event will any KEI Party be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with this Agreement or the Dog, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if any KEI Party has express knowledge of the possibility of the loss or damage. Without limiting the foregoing, in no event will KEI’s liability to Adoptive Parent exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to Adoptive Parent.
- KEI welcomes comments regarding KEI’s operations and its foster and adoption programs. If Adoptive Parent submits comments or feedback to KEI, they will not be considered or treated as confidential by KEI. KEI may use any comments and feedback that Adoptive Parent provides in KEI’s discretion and without attribution or compensation to Adoptive Parent.
- Images & Recordings. Adoptive Parent hereby irrevocably authorizes KEI and its designees, agents, licensees, representatives, successors, and assigns to use photographs and recordings in which the likeness, image, or voice of Adoptive Parent may appear (“Images”) in any manner and for any use. This authorization includes modification, distribution, and publication of the Images and use of the Images for publicity, promotional, marketing, and commercial purposes. KEI is the exclusive owner of all Images and all works derived from the Images. Adoptive Parent hereby waives any claims of ownership Adoptive Parent may have to the Images and to the likeness, image, and voice of Adoptive Parent contained in the Images. Adoptive Parent hereby releases KEI and its designees, agents, licensees, representatives, successors, and assigns from any and all claims for damages for libel, slander, invasion of privacy, right of publicity, and any other claim based on the use of the Images.
- Adoptive Parent’s failure to comply with this Agreement may cause KEI to suffer irreparable damage that could not be adequately remedied by an action at law. Accordingly, KEI will be entitled to seek specific performance without posting a bond, proving damages, or fulfilling similar requirements, in addition to seeking any remedies available at law or in equity. Additionally, KEI reserves the right to immediately take possession of the Dog at any time, without notice or liability, if the Dog has been abused, neglected, harmed, abandoned, or otherwise mistreated. Including as referenced by Illinois State Law, (510 ILCS 70/) Humane Care for Animals Act. Upon any such mistreatment, Adoptive Parent will reimburse KEI for all expenses incurred by KEI in retrieving the Dog and providing the Dog with medical attention, including attorneys’ fees to recover the dog, transportation and boarding expenses, and veterinary expenses. KEI in any action as the prevailing party shall be entitled to reimbursement by Adoptive Parent of any and all expenses including attorney fees incurred in enforcing this Agreement.
- All notices and other communications permitted or required to be given under this Agreement must be in writing and addressed to the recipient at the address in this Agreement and will be deemed validly given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested; or on the date the email is sent if via email, provided a hard copy is also provided.
- Relationship of the Parties. This Agreement does not create any employment, agency, partnership, or joint venture relationship between the parties. Neither party has any authority to contract for or bind the other in any manner or make any representation or commitment on behalf of the other.
- Entire Agreement; Interpretation. This Agreement is the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements and understandings, whether oral or written, between the parties with respect to that subject matter. No amendment or modification to this Agreement will be effective unless it is in writing and signed by all parties. The waiver by any party of any term of this Agreement will not be deemed a future waiver of the same term or a waiver of any other term. No waiver will be effective unless it is in writing and signed by the party granting the waiver. The headings in this Agreement are for convenience only and will not affect the construction or interpretation of this Agreement. If any term of this Agreement is held to be unenforceable in any jurisdiction, that term will be ineffective as to that jurisdiction to the extent of the invalidity or unenforceability and without invalidating any other term of this Agreement. Adoptive Parent may not assign this Agreement without KEI’s prior written consent. This Agreement is governed by the laws of the state of Illinois, without regard for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Will County, Illinois, with respect to any dispute arising under this Agreement. All terms of this Agreement that, by their nature, would be reasonably understood to apply after termination of this Agreement, including Sections 4 through 10 (inclusive), will survive any termination of this Agreement. This Agreement may be executed in two or more counterparts, including by electronic transmission, each of which will be deemed an original copy of this Agreement, and all of which, taken together, will be deemed to constitute one and the same agreement.
- This Agreement will be construed without regard to the party or parties responsible for its preparation and will be deemed as prepared jointly by both parties. Any ambiguity or uncertainty will not be interpreted or construed against any party. Each party has had the opportunity to consult legal counsel and is freely and voluntarily entering into this Agreement.
The parties have executed and delivered this Agreement as of the dates below.
Adoptive Parent #1 Adoptive Parent #2
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|Home Telephone Number
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|Work Telephone Number
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|Driver’s License ID Number and Issuing State
|Driver’s License ID Number and Issuing State|
|Emergency Contact Name and Telephone Number
|Emergency Contact Name and Telephone Number|
K9 Enrichment Initiative, Inc.