2. At the time of
foster, Animal Protection Coalition, Inc. will provide the Foster
Caregiver with any health record of the Fostered Animal that is known to
Animal Protection Coalition, Inc., some guidelines to properly care for
and feed the Fostered Animal. Animals fostered from the Animal Protection
Coalition, Inc. include no guarantees regarding soundness, temperament,
or general condition. The Foster Caregiver understands that the Fostered
Animal may have some health limitations due to previous instance of abuse,
age, or neglect. The Foster Caregiver understands that there may be
limitations as to the type of use appropriate for the Fostered Animal.
The Foster Caregiver agrees to care for and use the Fostered Animal only in
accordance with those limitations. Foster Caregiver recognizes and
agrees to hold harmless the Animal's Donor and Animal Protection
Coalition, Inc., its heirs or assigns forever, for any damage or injury
to property or persons by the Fostered Animal.
3. The Foster Caregiver
will at his own expense, care for and maintain the Fostered Animal in strict
accordance with the Animal Protection Coalition, Inc. policies. Such
required care and maintenance shall include, but shall not be limited to,
the following:
Providing the Fostered Animal with adequate and proper quantities of
wholesome feed and fresh water; safe and adequate shelter, which shall
include at least a stall or run-in shed and turnout area; proper, adequate,
and regular exercise; appropriate hoof care no less often than every eight
weeks; any required veterinary attention, including yearly vaccinations for
Rabies and any other diseases for which vaccines may be generally
recommended in the State of Indiana from time to time; and treatment as
preventive care against parasites such as de-worming no less often than
every twelve weeks.
Animal Protection
Coalition, Inc.
may, at their sole discretion, require receipt of proof of any and all the
above required actions. Should the Foster Caregiver fail to provide to
Animal Protection Coalition, Inc. such proof within five business days
after such request is made by Animal Protection Coalition, Inc., then
the Foster Caregiver shall be considered in material breech of this
Agreement, thereby rendering Animal Protection Coalition, Inc.’s
obligation to allow continued possession of the Fostered Animal null and
void, and rendering this Agreement terminated.
4. The Foster Caregiver
agrees to advise the Animal Protection Coalition, Inc. of the place
where the Fostered Animal will be kept, then further agrees that a
representative of Animal Protection Coalition, Inc. may make
unannounced visits at any time to any location where the Fostered Animal is
located to confirm that the care required in paragraph 3 is being provided.
This Agreement authorizes the Animal Protection Coalition, Inc. to
enter such property to make an unannounced visit.
5. In the event that
the Foster Caregiver should desire to move the Fostered Animal from the
initial facilities of the Fostered Animal to a different facility after the
Foster Caregiver assumes possession of the Fostered Animal, the Foster
Caregiver agrees to notify Animal Protection Coalition, Inc. at least
10 business days prior to the proposed move of the proposed new location of
such new facilities of the Fostered Animal. Any new location of the
facilities must be expressly approved by Animal Protection Coalition,
Inc. prior to the Fostered Animal being moved to the location of such
new facilities. The Fostered Animal shall not be removed from the State of
Indiana except by written Agreement of the parties, which agreement shall be
attached as an addendum hereto, become part of this Agreement and shall set
forth specific provisions for Animal Protection Coalition, Inc.
initial and ongoing inspection and monitoring of such location outside of
the State of Indiana.
6. The Foster
Caregiver agrees that under no circumstances will the Fostered Animal be
used for breeding or racing purposes.
7. The Foster Caregiver
agrees to notify Animal Protection Coalition, Inc. immediately upon
the death of the Fostered Animal, and to provide Animal Protection
Coalition, Inc. veterinary certification as to the cause of the Fostered
Animal's death within 5 business days after such death.
8. If for any reason
the Foster Caregiver is unable or unwilling to care for the Fostered Animal
as set forth in this Agreement, Foster Caregiver will immediately so notify
Animal Protection Coalition, Inc. and allow Animal Protection
Coalition, Inc. up to 30 days to retain possession of the Fostered
Animal. Transportation to Animal Protection Coalition, Inc. will be
at the expense of Animal Protection Coalition, Inc.. No other
extraneous charges or cost incurred by the Fostered Animal before
repossession by Animal Protection Coalition, Inc. will be liable to
Animal Protection Coalition, Inc.. Under no circumstances shall the
Foster Caregiver attempt to or purport to sell, trade, abandon, transfer or
otherwise give the Fostered Animal away. Should the Fostered Animal be
returned to Animal Protection Coalition, Inc. due to termination of
this contract, no money will be reimbursed to the Foster Caregiver.
Under no circumstances shall the Fostered Animal be sold for slaughter.
9. Foster Caregiver
agrees to allow potential adopters of the Foster Animal reasonable access to
the Foster Animal for purposes of reviewing and/or riding. In the case of
the Foster Animal being placed in an adoptive home, Animal Protection
Coalition, Inc. agrees to give notice to Foster Caregiver.
Transportation from the foster home will be at the expense of Animal
Protection Coalition, Inc. or Adopter.
10. The Foster
Caregiver agrees to notify Animal Protection Coalition, Inc. and a
veterinarian immediately upon the discovery of any medical problem, except
those minor medical problems that are usual and incident to regular this
breed maintenance. The Foster Caregiver, under no circumstances, shall cause
the Fostered Animal to be put down or otherwise humanely destroyed without
first consulting Animal Protection Coalition, Inc. and a
veterinarian.
11. Foster Caregiver
agrees to pay any and all reasonable attorney's fees and all court costs of
Animal Protection Coalition, Inc. in the event any matter arising
under this Agreement is forwarded to any attorney for enforcement of
Animal Protection Coalition, Inc.’s rights and remedies under this
Agreement.
12. In the event that
Animal Protection Coalition, Inc. determines that the Foster
Caregiver is in breach of any term of this Agreement, or becomes aware of
the Foster Caregiver's involvement with any humane society or animal control
agency, which involvement resulted in a warning or citation for the inhumane
treatment of any animal or the Fostered Animal, this Agreement shall be
considered null and void. Upon the Agreement being considered null and void,
Animal Protection Coalition, Inc. may enter onto the premises and
into the facilities where the Fostered Animal is being kept and may retake
possession of the Fostered Animal with no liability. In the event this
Agreement is rendered null and void by the Foster Caregiver's breach of any
term of this Agreement, the Foster Caregiver shall not be entitled to any
reimbursement of any funds whatsoever directly related to the Foster
Caregiver's possession of the Fostered Animal. Failure of the Animal
Protection Coalition, Inc. to take the action authorized above does not
waive the Animal Protection Coalition, Inc.’s right to take such
action at any time including, but not limited to, any subsequent breach by
the Foster Caregiver of this Agreement.
13. This Agreement and
the rights and obligations of the parties hereto shall be subject to and
shall be construed and interpreted under the laws of the State of Indiana.
The parties hereto shall also consent to jurisdiction of the courts of the
State of Indiana for all purposes and any disputes arising hereunder.
14. This Agreement
shall not be modified or amended except by a writing signed unanimously by
all the parties hereto.
15. If any term of this
Agreement or the application thereof to any person or circumstance shall be
held invalid or unenforceable, the remainder of this Agreement or the
application of such term or provision to persons or circumstances other than
those to which it is held invalid or unenforceable shall not be affected
thereby and each term shall be valid and enforceable to the fullest extent
permitted by law.
16. The Foster
Caregiver must execute the Foster Care Agreement prior to Animal
Protection Coalition, Inc. allowing the Foster Caregiver to remove the
Fostered Animal from Animal Protection Coalition, Inc. premises.
17. This Agreement is
not an Agreement of possession. Accordingly, this Agreement does not
transfer any title to or ownership interest in the Fostered Animal.
Therefore, at all times, Animal Protection Coalition, Inc. retains
ownership rights in and title to the Fostered Animal.
18. I/We hereby
agree to pay all necessary and reasonable cost incurred by Animal
Protection Coalition, Inc. in recovering the possession of the fostered
animal, including all costs and attorney fees necessary to enforce Animal
Protection Coalition Inc.’s rights under this agreement.