An Overview of Dog Adoption Agreements
Dog adoption agreements have an agenda that should be important to both the shelter and the adopter. The agreement serves a crucial purpose: to protect the welfare of the animal and the interests of the shelter, while concurrently ensuring that the adopter is fully aware of his or her responsibilities.
The shelter offering the dog for adoption needs to know that the dog will be cared for in a manner that prioritizes the animal’s health and wellbeing; that the adopter has been made aware of the legal obligations and is willing to comply with them; that it can reclaim the pet if the adopter can no longer care for the animal; and that the adopter cannot sell, breed or abandon the dog. The adopter wants to know that he or she can care for the animal properly , that the shelter is not concealing anything about the pet’s personality or behavior that would make ownership problematic or difficult, that there is no pending litigation or dispute over the animal, and that the shelter will assist if the pet’s adoption must be relinquished. The shelter also wants to know whether the adopter is adopting the pet as a gift, for themselves, or for someone else, so that the correct disclosures can be made.
The dog adoption agreement helps to clarify each party’s expectations from the outset. For these reasons, a dog adoption agreement is typically highly customized to reflect the mission of the shelter, the jurisdictional requirements, and the interests of both parties. The agreement is the single most important tool for helping the adopter and shelter to form a healthy and legally compliant relationship.
Key Components of a Dog Adoption Agreement
A Dog Adoption Agreement is a critical component of any adoption program by a Rescue or Shelter. From the pre-adoption stage to the final step in which a qualified prospective pet owner brings their new, furry family member home, a well-crafted agreement can be invaluable to both the pet and the new owner. Identification Details: All parties should be clearly identified in a dog adoption agreement. This may seem simple, but it’s critically important. The form should include information for the applicant (adopter), the Rescue or Shelter and, where possible, the pet. Identification details include name, address, phone number, email or other identifiers for each party to the form. Beyond standard identification information, the status of the dog and its pedigree should be accurately represented in the form, if known. In certain instance, the adoption agreement will distinguish the dog as a mixed breed. Distinguishing features, such as color, size and coat type/texture should also be included on the adoption agreement. Health and Behavior Disclosures: It is essential that all pertinent health and behavioral information be clearly disclosed in the dog adoption agreement. There are many signs that a dog may be exhibiting behavioral issues; for example, frequent barking and digging or chewing at surfaces. In addition to behavioral disclosures, important health issues should be disclosed in the dog adoption agreement and any plans for future treatment or maintenance of chronic issues should be disclosed. Some dog rescue or shelter programs perform needed spaying or neutering prior to adoption. Of note, certain health conditions may require follow-up after the dog is taken home, and these needs should be clearly spelled out in the dog adoption agreement. Return Policy: As the final step in bringing home a new pet, PetsPlusOne.org offers an adoption return policy that is included in the adoption agreement. This agreement provides a clear process for return of an adopted dog when the owner is unable to care for the animal. It is also important to note that sometimes there may be health issues that develop after the adoption takes place and such instances may also require return of the dog to the shelter or rescue organization.
How to Personalize Your Adoption Agreement Template
When creating a dog adoption agreement template, special care should be taken to customize it for your specific needs. This will help protect both the owner as well as the dog. For instance, caring for a Boston Terrier is different than caring for a Great Dane. While you do not have to make separate dog ownership contracts for every breed and size of dog (many times people will have mixed breed dogs so it is difficult to get a dog breed contract that is specific for that type of dog) you will want to get a dog ownership agreement template that covers the most common care issues.
It is also important to think about any unique aspects of your dog. For example, many dogs require special food or have specific exercise needs. Some can have issues with being outside in extreme weather – i.e. an indoor dog will need to be adopted to someone with a fenced in yard whereas an outdoor dog can be adopted to someone with a part of their property that is fenced in.
Likewise, if your dog has special medical needs – such as is deaf or blind – or not able to get pregnant you will want to indicate this in the dog adoption contract as well. If your dog does have special medical needs many times it is best to try and place it with a family that is aware of these medical needs so that they can plan accordingly for their care.
Working with a Dog Adoption Agreement
When creating an adoption agreement, animal welfare organizations must take into account several local, state, and national legal considerations in addition to the general terms of the contract itself. For example, in some states, an adoption contract may be subject to specific statutory requirements, while in others, an enforceable pet lemon law may affect the organization’s liability once the animal has been adopted.
Enforcement of Adoption Agreements
One of the primary legal issues that animal welfare organizations have faced in recent years is the enforceability of their adoption agreements. One potential barrier to enforcement is the doctrine of unconscionability, which exists to protect consumers from contracts that are so one-sided that they shock the conscience. To determine whether a clause in an adoption agreement is unconscionable, a court will consider factors such as whether: If a judge determines that a clause in an organization’s adoption agreement is unconscionable, he or she could strike the clause, refuse to enforce it, or otherwise modify it. The organization can minimize the risk that any clause in its adoption agreement ends up being deemed unconscionable by creating an adoption agreement that: Some animal welfare organizations use an enforceable waiver of liability (a "liability waiver"), such as a liability waiver to protect themselves against claims resulting from injuries the animal may inflict on a third party after adoption. However, such waivers generally are unenforceable, because a party cannot waive liability for their own intentional acts or reckless misconduct.
State Laws
Addiitionally, various states have enacted pet lemon laws that regulate the adoption of dogs and other animals by requiring adoption organizations to refund a portion of the adoption fee when a pet becomes sick or dies shortly after adoption. Such pet lemon laws often require that the pet must have been diagnosed with a condition within a certain time frame (e.g., 10 to 30 days) and that the condition was serious in nature (e.g., parvo virus, distemper, congenital defects). Some adoption contracts will specify that the organization does not warrant the health of the adopted animal, notwithstanding the language in a pet lemon law; however, such language generally is ineffective because the relevant state law precludes waiver of any rights and remedies granted under the pet lemon law.
Advantages of an Organised Adoption Agreement
A well-prepared dog adoption agreement template provides many advantages to both the dog adoption agency as well as the dog adopters. First and foremost, dog adoption agencies will benefit from a comprehensive dog adoption agreement template. The adoption agency can use this template to avoid any future misunderstandings between the agency and the adopter, which hopefully will reduce the risk of litigation and other damages. A carefully drafted dog adoption agreement template can also ensure that both the adoption agency and the adopter understand and agree to the specific relationship between them. For example, it can be a very simple agreement or a more detailed agreement addressing counseling , spay/neuter, ID tags, microchipping and more to protect the well being of the dog. In addition, a well-prepared dog adoption agreement template can make it easier for the agency to prove its own compliance with state laws and certain industry and agency standards that are important to dog adoptions.
Likewise, adopters will benefit from a prepared dog adoption agreement template as it will help them understand what the adoption agency expects of them and their new pet. This includes communicating how best to care for the pet and keeping it healthy. Ultimately, the goal with a dog adoption agreement template is to keep dogs out of animal shelters and with qualified loving homes.
Pitfalls to Avoid
Common mistakes to avoid in the adoption contract for your new dog
Many, many times thousands of practice owners have come in to my office for a different reason, and I have a chance to review their dog adoption agreement, and even more so, the OWNER’s adoption agreement. Most times, I find problems, some times major, and every time I find in-house therapy and protocol disturbances.
Common mistakes in the law: Too many examples for good written forms and contracts to consider. Please do not try to rewrite a new dog adoption agreement on your own. It will be found lacking. There is far too much litigation surrounding medical protocols, handling, and other areas to be able to guess at this stuff. I have seen dogs adopted in and then it was determined that they have certain medical problems, and the veterinary hospital that adopted them out gets blamed when they can’t fix them in 2-4 months. Inevitably, the litigation is founded in the lack of certain notes and protocols at the producer level. Please do yourself a favor and make sure you have both a contract and a set of SOP’s [standard operating procedures] for the adoption process.
Enforceability: You have to consider the enforceability of the contract. It is not sufficient to assume that behavior contracts are enforceable, in fact there are very few types of contracts that meet the standard for a typical animal behavior ‘contract’. The veterinary practice should not be the one that provides the only contractual obligation for the owner of the dog you just adopted to sign on to. You need to know what obligations the owner must agree to, and then use language that covers those obligations.
Too many parties involved: If you provide dog training, you probably need to receive a release form from the new owner of the dog, but if you need the release from the person who gave you the dog, then you may want to get an agreement where everyone involved takes the liability and consequences and agree to not sue or seek damages of any kind from any party for anything. A large veterinary practice may have a comprehensive protocol that provides releases and agreements where all parties are mutually released, but here they are few and far between.
How to Obtain a Dog Adoption Agreement Template
There are a number of reliable resources available for those seeking to customize a dog adoption agreement template. A starting point for most is the internet. A number of organizations specialize in the collection and sharing of legal forms, including dog adoption agreements. These websites for animal rights organizations and groups often provide access to basic forms that can be downloaded and tailored to specific needs. Many shelters or rescue organizations also have a standard dog adoption agreement template that they will share. However , these should not be overly relied upon if they are not properly customized for your unique purpose.
Another good way to obtain a dog adoption agreement template is through consultation with a local lawyer or legal adviser. Firms like the DFLA provide commentaries on standard forms and templates, and will work with prospective adopters to draft a form that best suits their needs. Consulting with a lawyer for such an agreement is advisable as they will be able to assist not just in determining the substance of the agreement but also in finding a template that best meets your needs. Even merely consulting with a lawyer is often sufficient to ensure that the substance of a dialog between a shelter group and an adopter is accurately captured.