This Adoption Agreement (the “Agreement”) is to be signed and dated by both Pointers In Need and by the Adopter(s). Before signing, please ensure that you the Adopter have read and fully understood the following Terms, Conditions, and obligations of this Agreement accordingly.
Terms and Conditions
Before you commit and sign this Agreement, it is particularly important for you to give time to these Pointers. Your ability to put aside busy schedules / chaotic living and commit to taking on a rescue is a pre-requisite to this agreement. If you cannot commit to this, then it probably is not the right time to adopt. It could well take a week, a month, or even a year for these Pointers to adapt to family life. Please be honest with yourself and ask how much time you can really give to the Pointer who may be needy.
This Agreement only comes into effect from the day the dog arrives at the Adopter’s address.
- The Charity shall remain at all times the legal owner of the dog until its death. The Adopter shall be the custodian and registered keeper of the dog and shall not transfer or assign any of his/her rights in the dog under this Agreement to any other person, organisation, or body, or attempt or purport to do so, without the express written permission of the Charity. Furthermore, the Adopter SHALL NOT hold himself or herself out as the dog’s legal owner to any person, organisation, or body, or (save in the case of Condition 17 of this Agreement) do ANY act inconsistent with the Charity being the legal owner. In particular, the dog will not be sold, given away or otherwise released into the care of any other person, rescue or the like, except for short term purposes during holidays, illness, or for the dog to receive any veterinary care and attention.
- The Adopter hereby confirms that the dog will reside at the declared address below, and the Adopter, to the best of their knowledge and belief, confirms that no person residing in the household, or who will care for the dog, or who will have significant access to the dog, is disqualified from keeping animals, or has had a Deprivation Order made under the Animal Welfare Act 2006 or has any unspent convictions for ANY offences relating to animals, and that no proceedings relating to any of the above are currently outstanding.
- The Adopter agrees to comply with all relevant legislation and laws concerning the welfare, control, responsible ownership, and protection of the dog, including (without limitation) the Animal Welfare Act 2006 (incl. the Codes of Practice issued with the 2006 Act) and to ensure that ANYONE with temporary custody or care of the dog also complies with same. The welfare needs of the dog means providing for the dog’s health and happiness, ensuring that the dog is properly housed, fed, watered, socialised, exercised, groomed, and receives appropriate veterinary care, has regular worming and flea treatment, and any other periodic care appropriate to the breed.
- The Adopter should register the dog at their local/chosen veterinary practice as quickly as possible.
a. Annual vaccination of the dog is at the sole discretion of the Adopter. - The Charity will register the dog’s microchip with Animal Tracker in the Adopters name, this is a legal requirement. For imported dogs the microchip STILL NEEDS TO BE REGISTERED IN THE UK. Animal Tracker will email the Adopter with a Transfer Code which enables the Adopter to transfer the microchip, the Adopter has 14 days to complete the transfer. There is also an option to activate 4 weeks free insurance with AGRIA the Adopter can select this option if required. Animal Tracker contact details are 01279 219777 or email info@animaltracker.co.uk
- The Charity may terminate this Agreement and repossess the dog at any time if the Charity believe (in their sole and absolute discretion) that the dog has been mistreated or neglected in any way, or if the Adopter has breached this Agreement. The Adopter understands and hereby agrees that in these circumstances they will have no right or claim to a return of the adoption donation or any part thereof whatsoever.
- The use of any form of electronic shock collar, or prong collar or the like, is strictly prohibited. Should the Adopter be found to be using any of these devices on the dog, then the Charity will enforce Clause 6.
- If the Adopter is unable or unwilling at any time to continue the adoption, he/she will notify the Charity immediately and return the dog to us by prior mutual arrangement.
a. In this situation where a dog is surrendered back into the care of the Charity, the Adopter hereby understands and agrees there will be NO automatic right to a reimbursement of the adoption donation or any part thereof unless expressly agreed by the Charity in their absolute discretion, having regard to all the circumstances of the individual case. - The Adopter will be responsible for the custody, care, and control of the dog from the date of this adoption as well as ALL actions, consequences, costs, and liabilities relating to such custody, care and control. This includes, without limitation, arranging and paying for any veterinary treatment which the dog may require, unless there is a known medical condition which the Charity have agreed in writing to pay veterinary fees for. Attention is specifically drawn to the possible liability of the Adopter for damage and/or injury which may be caused to third parties and/or their property. In particular, liability may arise under the Animals Act 1971. The possibility of an action for nuisance against the Adopter because of the dog’s behaviour should also be recognised.
- The Adopter agrees that they WILL NOT let the dog off lead until they have established a solid command structure that the dog understands. THIS CONDITION APPLIES IRRESPECTIVE OF WHETHER OR NOT YOU USE ANY FORM OF TRACKER COLLAR.
a. The Charity must be advised as soon as possible of any missing dog. (For contact nos see Clause 20)
b. In the unfortunate event that a dog does escape and/or bolts and a recall failing, and the dog becoming lost for any period, the Charity reserve the right to seek a monetary contribution from the Adopter for any costs it may incur for the recovery/re-capture of the dog. - The Adopter has been made aware of the safety advice concerning rehoming a dog, and, with reference to children living in, and visiting the house. The Adopter has read, understood, and will abide by the instructions outlined to them by the Home Checker AND in accordance with the information contained in the “Children and Dogs” section of this document below.
- Unless otherwise agreed with the Charity, the Adopter also agrees that should the dog be ‘entire’, that they will take the responsibility to have him or her neutered or spayed at their own cost, and at the earliest opportunity depending on the dog’s age and medical condition and with the agreement of a registered veterinary surgeon. Furthermore, the Adopter agrees to provide to the Charity (on demand) verification of the procedure from the Veterinary Practice.
- The Adopter must immediately notify the Charity if his/her contact address or telephone numbers provided change.
- The Adopter shall not under any circumstances use the dog or allow the dog to be used by another in any form of breeding programme; for research of any kind; for dog fighting or in any way which could be construed as for the purpose of financial gain – whether directly or indirectly. Except:
a. Film, TV and/or Advertising shoots
b. Any charity/promotion event where the dog may be used for raising funds and awareness.
The Adopter must seek approval from the Charity first on these two exceptions; all other terms and conditions of this Agreement will still apply during these events. - The Adopter will allow a representative of the Charity to make regular visits to the Adopter’s home at mutually agreed dates and times to check the dog’s welfare and wellbeing.
- The Charity has disclosed to the Adopter all relevant information that it has about the dog. This will include any pertinent information provided by the previous owner/fosterer (where applicable), and any further observations made by the team at the Charity. For the avoidance of doubt, any information concerning the habits, temperament, the history of the dog, or whether the dog maybe ok with cats or other animals residing with the Adopter, is passed on by the Charity to the Adopter in utmost good faith. This information will have been provided at the outset to assist with the adoption process and successful adoption of the dog. We draw your attention to the fact that this information may well NOT be exhaustive, and therefore the Charity cannot guarantee that this information is 100% accurate, correct, or complete, this is despite every effort being made by the Charity to ascertain the full facts about the dog. The Charity cannot always guarantee the dog’s exact age/dob either.
- Subject to Clause 21, the Adopter indemnifies and shall hold the Charity harmless from all claims and against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of revenue, loss of reputation and all interest, penalties, regulatory fines, legal costs and other reasonable professional costs and expenses) suffered or incurred by the Charity arising out of or in connection with:
a. any breach of this Agreement by the Adopter; and/or
b. the Adopter’s negligent acts or omissions or breach of statutory duty. - The Charity confirms that if a qualified veterinary surgeon advises that the dog requires treatment, or that in the case of severe illness or injury, that the dog must be put to sleep to prevent further suffering, the Adopter may give any necessary permissions to their veterinary surgeon on behalf of the Charity. The Adopter must inform the Charity should this be the case.
- In the event of:
a. an emergency; and/or
b. the dog or Adopter(s) being involved in ANY criminal or civil proceedings; and/or
c. the Police, RSPCA, local council, or any other public authority or official conducts or commences ANY form of investigation or enquiry concerning the Adopter(s) in relation to the dog or any other animal, it is a condition of this Agreement that the Charity are contacted IMMEDIATELY using the following emergency telephone numbers:
i. Claire Stokes (in the first instance) – 07754 945710
ii. Karin Ringrose – 07810547307 or 01825 371486 - Nothing in these Terms and Conditions shall exclude or limit the Charity’s liability for:
a. fraud, or fraudulent misrepresentation
b. death or personal injury caused by its negligence
c. any other liability to the extent that the same may not be excluded or limited by law. - Without prejudice to Clause 21, the Charity’s maximum aggregate liability to the Adopter under or in connection with this Agreement whether arising in contract, tort (including, without limitation, negligence) restitution or otherwise, shall in no event exceed the lesser of:
a. The amount of the donation made by the Adopter in consideration of this Agreement; or
b. Seven Hundred and Fifty Pounds (£750.00) - Save as expressly provided in Clause 20, all conditions, warranties, representations, and terms, express or implied (whether by statute, common law or otherwise) in relation to the dog or this Agreement are hereby expressly excluded to the fullest extent permitted at law.
- This Agreement is valid from the date of adoption until the dog’s death.
- This Agreement shall be governed by and interpreted according to English law, and the parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- Any Pedigree Form and/or Registration Certificate shall remain the property of the Charity.
- Sensitive Personal Data: Proof of ID i.e. passport or driving licence is required on reserving a Pointer. This will be on file and passed to the relative authorities, DEFRA for TRACES/CHAD re Transport and Municipality Vets re Microchipping. All Data is held under the Data Protection and Privacy Policy.
Children and Dogs : Please read – important information
Rescue dogs are by the nature of their circumstances are almost certainly carrying some sort of emotional trauma, in varying degrees. Put in the mix any potentially aggravating circumstances such as a noisy/boisterous child, over hot atmosphere, a dog’s natural instinct to protect its food and toys, or other issues, such as having a toothache or other pain, and you have the potential for a dog to react in the only way it knows, fight or flight.
Dogs cannot intellectualise or explain, they can only react physically. Nevertheless, they will try to tell you….
There are always warning signs to show the dog is stressed and unhappy. Some are obvious, others more subtle. Common examples of the warning signs are growling or snarling; baring teeth, raised hackles, bulging eyes, repeated licking lips. Often the dog will try to remove itself from the proximity of the cause of its stress.
Please make sure that you:
- Teach a child that the dog is a relative of a wild animal with big teeth and strong jaws.
- Teach a child not to fear the dog but to respect it.
- Teach a child to not antagonise, frighten or annoy the dog.
- Stay away from the dog when it has food.
- Separate the dog from children when they are eating. This includes snacks.
- And remember to teach the child to let sleeping dogs lie.
Adhering to these simple rules should avoid any nasty accidents.