Foster Contract
This foster contract (this “Agreement”), dated as of ________, is entered into by and between Muddy Paws Rescue (“MPR”) and ________________________ (“Foster Volunteer,” “I” or “me”) in respect of any and all MPR foster dogs that I have in my care as of and following the date hereof (each, referred to individually as the “Foster Dog”).
Ownership of Foster Dog. All dogs remain the property of MPR until an adoption agreement with MPR is signed and all required adoption fees are paid. I understand MPR must approve all adoptions, whether by me or any other person, of the Foster Dog.
Foster Period. I hereby agree to accept temporary legal possession, legal guardianship and responsibility for the Foster Dog until the earlier of the date that:
MPR notifies me that the Foster Dog has been adopted,
The Foster Dog is returned to MPR in accordance with the terms hereof, or
A written agreement is signed by MPR and me agreeing to other terms (the “Foster Period”). The relationship among MPR, me and Foster Dog will remain subject to the terms of this Agreement until the end of the Foster Period.
Fostering to Adopt. I acknowledge that MPR generally does not offer foster-to-adopt arrangements except in limited circumstances as determined on a case-by-case basis in MPR’s sole discretion, and that any such foster-to-adopt arrangement are subject to the terms and conditions of a separate addendum to this Agreement.
Costs and Expenses
Subject to Section 4.2 and Section 5.2, MPR will reimburse the Foster Volunteer upon receipt of a written receipt for medical costs that MPR or an MPR-approved veterinarian deems necessary on a case-by-case basis. If I reasonably expect to incur any other cost or expense in connection with the care of Foster Dog during the Foster Period, I will contact MPR to receive prior, written approval for MPR to reimburse such expense and I will provide MPR with a receipt or other proof of payment in order to receive reimbursement.
MPR is not responsible for any costs or expenses (or any portion thereof), whether incurred by me or a third party, that are caused by, arise out of or relate to any breach by me of this Agreement or as a result of my negligence or willful misconduct. For the avoidance of doubt, and except in limited circumstances as determined on a case-by-case basis by MPR in its sole discretion, MPR is not responsible for any costs or expenses (or any portion thereof) arising out of or relating to the following circumstances:
Any destruction or harm that occurs to the Foster Dog, Foster Volunteer, personal or real property (including other animals) or other persons.
I bring Foster Dog to a veterinarian that is not preapproved by MPR.
Medical Care
I will notify MPR as promptly as practicable if the dog becomes ill or shows symptoms of illness, including without limitation: lethargy, vomiting, diarrhea, decreased appetite and water intake, sneezing, limping, missing fur, coughing, or seizing.
Except in limited circumstances as determined on a case-by-case basis by MPR in its sole discretion, MPR has no obligation to reimburse Foster Volunteer for medical bills paid for by Foster Volunteer without prior authorization from MPR except in the case of a life or death emergency concerning the Foster Dog.
I agree to transport Foster Dog to the vet if veterinary care is necessary during the Foster Period. I will promptly notify MPR of any veterinary visit.
General Care
I acknowledge and agree that the Foster Dog will temporarily reside in my home as a foster pet.
If I do not possess and cannot acquire a crate, I will be able to borrow one from MPR for the duration of the Foster Period, at MPR’s sole cost and expense; the crate will be returned in the same condition as borrowed at the end of the Foster Period. MPR accepts no responsibility for any destruction of property or any harm to the Foster Dog.
Promptly following the expiration of the Foster Period, Foster Volunteer must physically return any items borrowed from MPR during the Foster Period.
Safety
I will keep the Foster Dog on the MPR-issued Martingale collar and identification tag at all times while the Foster Dog is outdoors, unless (i) the Foster Dog is in a private fenced in yard or (ii) an MPR staff member has provided or agreed to other equipment.
If provided, the Foster Dog must remain on an MPR approved walking device in addition the provided MPR-issues Martingale collar.
Under no circumstances will Foster Volunteer keep the Foster Dog on a retractable leash. MPR will provide a leash upon Foster Volunteer’s reasonable request.
I will not permit Foster Dog to enter a dog run without prior written permission from an MPR staff member.
I will not permit Foster Dog to be off leash outdoors without prior written permission from an MPR staff member.
I agree to supervise the Foster Dog at all times while the Foster Dog is outdoors.
At no time will I change the microchip information of the Foster Dog.
I will not permit, to the best of my ability, the Foster Dog to meet other unknown dogs on-leash while walking, due to the unpredictability of other dogs and lack of knowledge about unknown dogs’ temperament.
Return of the Foster Dog
I will, upon the written or verbal request of MPR, immediately return the Foster Dog to MPR at the location specified by MPR within twenty-four (24) hours of such request by MPR.
If I for any reason cannot keep possession of the Foster Dog in a way that complies with the terms of this Agreement, I will notify MPR immediately and prepare to promptly return Foster Dog at a mutually agreed time and location.
I acknowledge and agree that the Foster Dog will not be sold, abandoned, relinquished to a pound or shelter or to a rescue group other than MPR, transferred, or given to any individual, or to any retail or wholesale establishment by me at any time during the Foster Period.
I will provide at least seven (7) days’ prior, written notice of a voluntary return of Foster Dog by Foster Volunteer, except in the case of an emergency.
Communication with Muddy Paws Rescue. I agree to respond to any communications from MPR within twenty-four (24) hours of contact by a representative of MPR to my contact information set forth on the signature page hereto.
Temporary Foster
If I am going out-of-town, I will provide MPR with seven (7) days’ prior, written notice. Any sitter/boarding facility watching the Foster Dog must receive prior, written approval by MPR.
If I have an emergency that requires me to leave the Foster Dog unattended or with a sitter or boarding facility, I will notify MPR immediately.
Representations and Covenants.
I represent that I have never been convicted of animal cruelty or banned from owning animals by any state or country.
In signing this Agreement with MPR, I (i) declare that I am aware that animals are different from human beings in their responses to human actions; the actions of animals are often unpredictable; children and animals must be closely supervised when interacting; and an animal’s behavior may change as it gets accustomed to its new environment, and (ii) agree to work through unexpected hardships with the Foster Dog, subject to my right to return the Foster Dog pursuant to Section 8.
I certify that I understand the terms and conditions of becoming a foster parent with MPR as set forth in this Agreement, and that all personal information I have provided to MPR is true to the best of my knowledge. If I need to supplement or modify the information I originally provided, I represent that I have notified MPR regarding any such supplemental information or modifications prior to executing this Agreement.
I acknowledge that the educated opinions of the rescue staff do not constitute a claim or guarantee as to the temperament, health or mental disposition of any animal available for foster or adoption, including Foster Dog. I will take all necessary precautions to protect myself and others who might come into contact with the Foster Dog.
I certify that I have watched the Foster Orientation video and will abide by all policies as outlined within the video.
Release. I hereby discharge MPR (including its employees and volunteers) forever from liability for any injury or damage to any person or property caused by the Foster Dog, or for any illness or disease contracted by other persons or other animals privately owned, during the Foster Period and from any causes of action, claims, suits, or demands whatsoever that may arise as a result of such injury, damage, illness or disease.
Termination. Each party hereto maintains the right to terminate the foster relationship with Foster Volunteer and MPR created pursuant to this Agreement for any reason at any time. Within twenty-four (24) hours of written notice from MPR to Foster Volunteer (or from Foster Volunteer to MPR) that this Agreement has been terminated or such other time as is reasonably required by MPR to find suitable alternative care for Foster Dog, I will return Foster Dog to MPR, at which point legal possession, legal guardianship and responsibility for Foster Dog will revert to MPR. For the avoidance of doubt, MPR may require Foster Volunteer to provide shelter and care for Foster Dog for more than twenty-four (24) hours after the terminationation of the foster relationship, in which case Foster Volunteer shall remain subject to all obligations of this Agreement.
Remedies. It is understood and agreed that money damages may not be an adequate remedy for a breach of this Agreement by Foster Volunteer and that MPR will be entitled to equitable relief, including, without limitation, injunction and specific performance (including return of the Foster Dog to MPR’s premises as set forth on the signature page hereto), as a remedy for any such breach. Such remedies will not be deemed to be the exclusive remedies for a breach by Foster Volunteer of this Agreement but will be in addition to all other remedies available at law or equity to MPR.
Notice Information.
All notices, requests, claims, demands and other communications in connection with this Agreement required to be provided in writing will be hand delivered, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by facsimile, text message or email, and in each case will be effective upon receipt. Such notices must be addressed to the parties hereto at the addresses specified by each party by like notice.
Each party hereto agrees to promptly (and in any event, within five (5) business days) notify the other party of any change in such party’s contact information as set forth in this Section 15.
Counterparts. This Agreement may be executed in counterparts (including by facsimile and electronic transmission), each of which will be an original, but all of which together will constitute one and the same instrument.
Assignment. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by Foster Volunteer without the prior written consent of MPR, with such consent not to be unreasonably withheld. Any purported assignment in violation of this Section 17 shall be null and void.
Entire Agreement. This Agreement and each of the documents and agreements delivered in connection with the transactions contemplated hereby, including any exhibits attached hereto and thereto, constitute the entire agreement of the parties hereto and supersede and cancel all prior agreements, undertakings, arrangements, communications and understandings, both written and oral, between the parties with respect to the subject matter hereof and are not intended to confer upon any other person any rights or remedies hereunder.
Governing Law; Jury Trial Waiver. This Agreement (including any claim or controversy arising out of or relating to this Agreement) will be governed by the laws of the State of New York without regard to conflict of law principles. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Electronic Signature. Any signature (including any electronic symbol or process attached to, or associated with, this Agreement and adopted by a party hereto with the intent to sign, authenticate or accept such contract or record) hereto or to any other agreement or document related to this Agreement, shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written.
(Version updated 10.10.2022)