Clear Creek Farm Equine Rescue

336 Madison 8388

Huntsville, AR 72740

479-789-5318

This adoption agreement (hereinafter referred to as "Agreement"), is entered into this _____ day of __________ 20_____, by and between Clear Creek Farm Equine Rescue (hereinafter referred to as CCFER), a Arkansas non profit organization located at 336 Madison 8388, Huntsville, AR, 72740 and __________________ of _________________________________________ (hereinafter referred to as "Adopter").

The Adopter hereby agrees, pursuant and in accordance with the terms as set fourth in this "Agreement" to adopt and provide care for the described horse/pony, which is currently owned by CCFER.

Horse/Pony Name: ___________________

Horse/Pony Sex: _____________________

Horse/Pony Age / Date of Birth: ____________________

Horse/Pony Color: ___________________

Horse/Pony Breed: ____________________

Horse/Pony Distinguished Identification Marks: ________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Horse/Pony Approximate Weight: ____________________

Horse/Pony Approximate Height: ____________________

Horse/Pony is registered: Yes No

Registration Number and Organization: _____________________________

The above described horse shall be known hereinafter as "Adopted Animal". Attached to this Agreement shall be a photo exhibit illustrating visually the Adopted Animal and its distinguished identification marks.

a. CCFER agrees to transfer limited ownership of the Adopted Animal to the

Adopter subject to the terms outlined in this Agreement.

b. The Adopter understands that an adoption fee in the amount of $___________

shall be paid to CCFER. This adoption fee must be paid in full before the

Adopted Animal may be moved to the Adopter's intended facility.

c. The Adopter understands that if for any reason the Adopted Animal is

undesirable one-half (1/2) of the Adoption Fee is refundable for a duration of

three (3) months after the signing of this Agreement, subject to the return of

the Adopted Animal to the CCFER facility.

d. CCFER certifies that the Adopter has completed all processes of the Adoption

Process as detailed below by a CCFER representative:

i. Adoption Application Filed: _______________________

ii. Interview Conducted: ___________________________

iii. Facility Inspection Conducted: ____________________

iv. Training Sessions Completed: ____________________

e. The Adopter understands that this Agreement is a limited ownership clause

and by signing this Agreement he/she understands the following limitations

apply:

i. The Adopter may at no time sell the animal.

ii. The Adopter may at no time give away or otherwise dispose of the

Adopted Animal (See section 6: Death of Adopted Animal).

iii. The Adopter may at no time relocate the Adopted Animal for more

than three (3) days time without the express consent of CCFER.

This consent is subject to any inspections or investigations that

CCFER may deem necessary.

iv. The Adopter may at no time breed the Adopted Animal.

The Adopter will, at his/her own expense, maintain and care for the Adopted Animal in accordance with CCFER practices and terms, as such may occur.  Current guidelines are attached to this Agreement at the time of signing. The Adopter understands that general practices for care include but are not limited to:  providing the Adopted Animal adequate and proper quantities of wholesome feed and fresh water; any specific items of supplements set fourth in Section 4 below;  safe and adequate shelter, which shall include at least a stall or run-in shed and a turnout area; proper, adequate and regular exercise; appropriate hoof care no less often than every 8 weeks; any required veterinary attention, including yearly vaccinations of Rabies, EWT, Rhino, Flu, EEE, VEE, West Nile Virus and any other diseases for which vaccines may be generally recommended in the state of Arkansas from time to time; and treatment as preventative care against parasites such as de-worming no less often than every 3 months. 

  a. The Adopter certifies that a licensed Doctor of Veterinary Medicine has been contacted and will maintain the continued health needs and

requirements of the Adopted Animal. The Adopter further certifies that the veterinarian is scheduled to inspect the Adopted Animal no less that 2

weeks after the signing of this Agreement.

    i. Name of Intended Veterinarian: ____________________________________________________________________________________     

    ii. Number: ______________________________________________

    iii. Date of Intended Inspection: _______________________________

  b. The Adopter certifies that a certified Farrier has been employed to continue the ongoing and constant hoof care regime ever 6-8 weeks for the duration of the horse's life.

    i. Name of Intended Farrier: ________________________________

    ii. Number: ______________________________________________

    iii. Adopted Animal's next due date for Farrier Care: ______________

  c. CCFER may, at their sole discretion, require receipt of proof of any and all of the above required actions. Should the Adopter fail to provide to CCFER such proof within five (5) business days after such request is made by CCFER, then the Adopter shall be considered in material breach of this Agreement, thereby rendering CCFER's obligation to allow continued possession of the Adopted Animal null and void, and rendering this Agreement terminated in accordance with Section 8 hereto.

The Adopter understands that the Adopted Animal may have health limitations due to previous abuse or neglect. As such CCFER provides health records for the Adopted Animal detailing any and all ailments as known at the time of signing; detailing any and all treatment programs; detailing any and all nutritional requirements; detailing any and all medications. CCFER and the Adopter agree that these documents are strictly opinion generated from professional veterinary recommendations and that these documents cannot warranty or otherwise guarantee the Adopted Animal's temperament or health or mental disposition of the Adopted Animal.

a. Health History: See attached document "Health History"

b. Required Medications and Supplements for Adopted Animal: See

attached document "Medications and Supplements".

c. Limited Riding Requirements: The Adopter understands that there may be limitations on the physical performance of the Adopted Animal. These shall be detailed in the attached document "Limitations on Riding/Performance".

a. The Adopter agrees to permanently house the Adopted Animal at:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

b. The Adopter agrees that the Adopted Animal shall reside at this facility no less than four (4) days a week.

c. The Adopter agrees that should he/she need to relocate the Adopted Animal for any reason, for a period longer than three (3) days, he/she will notify CCFER and this action is subject to CCFER approval.  d. The Adopter agrees to allow CCFER to make any number of unannounced visits to the facility to verify that the adopter is maintaining the level of care as outlined in this Agreement and any and all attached documents.

Section 6: Death of Adopted Animal

a. Natural Causes / Sudden Death. The Adopter agrees to notify CCFER immediately of any natural or sudden, accidental death of the Adopted Animal. The Adopter further agrees to conduct a postmortem exam at his/her own expense, documented in writing, by the Adopter’s employed veterinarian should the discovered cause of death relate to negligence on behalf of the Adopter, the Adopter assumes all liability.

b. (i) Injury / /Emergency / Euthanasia. Should the Adopted Animal suffer an injury in which the only remedy or treatment is to destroy the  animal, the Adopter agrees to conduct this in a humane fashion, of which the only acceptable practice is euthanasia. If such measures are necessary this action is subject to the terms outlined under Natural Causes / Sudden Death.

(ii) Should the Adopted Animal suffer an injury in which the recommended treatment is to destroy the animal, but the injury is not severe enough to warrant immediate action, CCFER must be notified immediately and allowed to solicit a second opinion from CCFER’s designated veterinarian.

a. If for any reason the Adopter is unable or unwilling to care for the Adopted Animal as set forth in this Agreement, Adopter will immediately so notify CCFER and allow CCFER to retain possession of the Adopted Animal at the expense of CCFER. Under no circumstances shall the Adopter attempt to or purport to sell, trade, abandon, transfer or otherwise give the Adopted Animal away. Under no circumstances shall the Adopted Animal be sold for slaughter.

b. As an alternative to CCFER retaining possession of the Adopted Animal, the Adopter may propose a suitable third party to assume the Adopter’s obligations under this Agreement, which proposal of obligation assumption will not be unreasonably denied by CCFER, but shall be contingent upon:

1) CCFER approval of such third party after consultation with such third party, which approval shall be based upon those factors that CCFER uses at that time to determine suitability of Adopters; and (2) execution by such third party of an Adoption Agreement.

Section 8: Breech of Agreement

a. In the even that CCFER determines that the Adopter has not adhered to the set forth in this Agreement, or becomes aware that the Adopter has received a warning citation for inhumane treatment of any animal, this Agreement shall be null and void. Upon the Agreement being considered null and void, CCFER may enter onto the premises and into the facility where the Adopted Animal is contained and may retake possession of the Adopted Animal. The Adopter will be notified in writing of the violations at the time of repossession. Upon the Agreement being considered null and void by the Adopter’s breech of any term in this agreement, the Adopter shall not be entitled to any funds whatsoever directly or indirectly related to the Adopter’s possession of the animal. 

b. In the event that the Adopter is found in breech of this Agreement and renders this Agreement null and void, and in the addition to the repossession rights set forth above, the Adopter agrees to pay CCFER the sum of six hundred and 00/100 dollars ($600.00) as liquidated damages.

c. Adopter agrees to pay any and all reasonable attorney’s fees and court costs of CCFER in the event that any matter under this Agreement is forwarded to an attorney for enforcement of CCFER’s rights and remedies under this Agreement.

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 Arkansas. The parties hereto shall also consent to jurisdiction of the courts of Arkansas for all purposes and for any disputes arising hereunder.

The Agreement shall not be modified or amended except by a writing signed unanimously by all of the parties hereto.

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.

The rights and obligations of this Agreement are not assignable by either party, except upon the written agreement of the parties hereto.

Section 13: Paragraph Headings

The various paragraph headings are inserted for the convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section hereof.

Section 14: Notices

All notices, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered personally or if sent registered or certified mail, return receipt requested, properly addressed and postage prepaid as follows:

1. If to Clear Creek Farm Equine Rescue:

Lynn Reynolds, President

2. If to Adopter:

_______________________________

_______________________________

_______________________________

This Agreement and any Exhibitions, Attachments or Addenda represents the entire agreement of the parties relating to the adoption of the herein referenced animal. All prior negotiations between the parties are merged into this Agreement and there are no other understandings or agreements regarding the adoption of the herein referenced animal other than those incorporated herein.

I, the undersigned Adopter, understand and agree to all terms as outlined in this Agreement. I pledge to uphold this Agreement and to maintain not only humane, but also industry accepted practices in relation to the care and upkeep of the Adopted Animal for the duration of the Adopted Animals natural life.

_______________________________ _______________

Signature of Adopter Date

_______________________________

Name of Adopter

I certify that the Adopter has followed through all processes related to adoption and that he/she is approved to adopt the above referenced animal. I further certify that the Adopter has been provided with all medical records Clear Creek Farm Equine Rescue possesses. I further certify, attest and affirm that with my signature to this Agreement, I have full authority to bind Clear Creek Farm Equine Rescue to all terms herein contained within this Agreement.

_______________________________ _______________

Clear Creek Farm Equine Rescue Date

Authorized Representative’s Signature

_______________________________________________

Name of Clear Creek Farm Equine

Rescue’s Representative