Legal Foster Agreement

LEGAL FOSTER AGREEMENT

This Legal Foster Agreement (the Agreement) is made and entered into as of Effective Date: by and between Organization Name: with principal address: (Organization), and Foster Provider Name: with residential address: (Foster Provider). Organization and Foster Provider are each a Party and collectively the Parties.

RECITALS

WHEREAS, Organization engages in the placement and temporary care of animals pending adoption and has legal custody and title to the animal(s) described below; and

WHEREAS, Foster Provider represents that Foster Provider is willing and able to provide temporary housing, care, socialization and treatment for the animal(s) under the terms set forth herein; and

WHEREAS, the Parties desire to set forth their respective rights and obligations with respect to the custody, care, medical treatment, expenses and return of such animal(s).

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. IDENTIFICATION OF ANIMAL(S)

2. DEFINITIONS

For purposes of this Agreement: (a) "Placement" means the transfer of physical custody of the animal to Foster Provider for temporary care; (b) "Authorized Agent" means an employee or volunteer of Organization designated in writing to act on Organization's behalf; (c) "Major Medical Procedure" means any surgery, hospitalization or treatment with an anticipated cost exceeding the preauthorized limit set forth below.

3. PLACEMENT, CUSTODY AND TITLE

3.1 Placement and Custody. Organization places the animal with Foster Provider for temporary foster care. Title and legal custody of the animal remain with Organization at all times. Foster Provider acknowledges Organization's continuing ownership and will not represent otherwise.

3.2 Term. The initial term begins on Placement Date: and continues until the animal is returned to Organization, adopted, or this Agreement is terminated in accordance with Section 8.

4. CARE, MEDICAL TREATMENT AND VETERINARY AUTHORITY

4.1 Routine Care. Foster Provider shall provide routine food, water, shelter, exercise, socialization and supervision consistent with veterinary guidance provided by Organization. Foster Provider shall maintain reasonable cleanliness and a safe environment for the animal.

4.2 Medical Records and Vaccinations. Organization represents that the animal's medical records supplied at Placement are complete to Organization's knowledge. Vaccination(s) administered:

4.3 Veterinary Care and Authorization. Foster Provider shall seek prior written authorization from Organization or Authorized Agent before consenting to or incurring costs for Major Medical Procedures. For emergency situations where prior authorization cannot reasonably be obtained, Foster Provider is authorized to obtain emergency veterinary care necessary to prevent death or serious harm, provided Foster Provider notifies Organization as soon as practicable and provides receipts and documentation for treatment.

5. EXPENSES AND REIMBURSEMENT

5.1 Routine Expenses. Foster Provider shall be responsible for routine day-to-day expenses unless Organization agrees in writing to provide supplies or reimbursements. Reimbursable items must be preapproved in writing by Organization to be eligible for reimbursement.

5.2 Reimbursement Procedure. Foster Provider shall submit original itemized receipts within thirty (30) days of incurring expense. Organization will reimburse approved expenses within sixty (60) days of receipt of proper documentation. Reimbursement checks will be mailed to:

6. HOME ENVIRONMENT, SAFETY AND INSPECTION

6.1 Housing. Foster Provider agrees to keep the animal in Foster Provider's home and not place the animal in any boarding facility without prior written consent of Organization.

6.2 Inspections. Organization or Authorized Agent retains the right to perform reasonable inspections of the premises to confirm compliance with this Agreement upon providing prior notice when possible, except in circumstances where immediate access is necessary to protect the health or safety of the animal.

7. TRAINING, BEHAVIOR AND REPORTING

7.1 Behavior. Foster Provider will endeavor to address behavioral needs, follow any training plans provided by Organization, and will promptly report significant behavioral changes, incidents of aggression, escapes, or biting to Organization.

8. RETURN, TRANSFER AND TERMINATION

8.1 Return on Request. Organization reserves the unilateral right to recall and reclaim the animal at any time for any reason. Foster Provider shall make the animal available for return within seventy-two (72) hours of Organization's request, except in emergency circumstances.

8.2 Termination for Cause. Organization may terminate this Agreement immediately if Foster Provider breaches material obligations, including but not limited to neglect, abuse, failure to obtain emergency care, or failure to allow reasonable inspections.

9. LIABILITY, INDEMNITY AND INSURANCE

9.1 Assumption of Risk. Foster Provider acknowledges that fostering animals involves risks, including bites, property damage and disease. Foster Provider accepts those risks and agrees to exercise reasonable care in the handling, supervision and confinement of the animal.

9.2 Indemnity. Foster Provider shall indemnify, defend and hold harmless Organization and its officers, directors, employees and agents from and against any claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from Foster Provider's negligent acts or willful misconduct in connection with the foster care of the animal, except to the extent caused by Organization's gross negligence or willful misconduct.

9.3 Insurance. Foster Provider is encouraged to maintain homeowner's or renter's liability insurance that covers fostering activities. Organization does not guarantee coverage under any policy and is not responsible for Foster Provider's personal property loss or damage.

10. CONFIDENTIALITY AND PUBLICITY

10.1 Confidential Information. Foster Provider shall not disclose confidential information regarding the animal, Organization's operations, volunteers, or adopters except as reasonably required to perform foster duties or as compelled by law.

10.2 Publicity Release. Foster Provider grants Organization the right to use photographs and non-confidential information about the animal and foster experience for promotional purposes, unless Foster Provider checks the box below to withhold consent.

11. NOTICES

All notices, demands and other communications required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand delivery, nationally recognized overnight courier, or first-class mail (postage prepaid). Organization Notice Address: . Foster Provider Notice Address:

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of: without regard to conflict of law principles. The Parties submit to the exclusive jurisdiction of the courts located in the county where Organization's principal place of business is situated for purposes of any dispute arising under this Agreement.

13. ENTIRE AGREEMENT; SEVERABILITY

13.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral.

13.2 Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and the invalid provision shall be reformed to the minimum extent necessary to make it valid and enforceable.

14. AMENDMENTS; WAIVER; COUNTERPARTS

14.1 Amendments. Any amendment to this Agreement must be in writing and signed by both Parties.

14.2 Waiver. The failure of either Party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

14.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument.

15. REPRESENTATIONS AND CERTIFICATIONS

Foster Provider represents and certifies that Foster Provider is at least 18 years of age, is not subject to court orders restricting possession of animals, will comply with all applicable laws and ordinances, and will notify Organization immediately if Foster Provider's ability to perform under this Agreement changes materially.

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