Legal Rescue Bear Contract

LEGAL RESCUE BEAR CONTRACT

This Rescue and Transfer Agreement ("Agreement") is made on this day, Month Day Year , by and between Rescue Organization: , with principal address (hereinafter "Rescue"), and Recipient: , with principal address (hereinafter "Recipient").

RECITALS

WHEREAS, Rescue operates a wildlife rescue, rehabilitation, and placement program and is the lawful custodian of certain rescued wildlife, including bears needing permanent placement or sanctuary; and

WHEREAS, Rescue seeks to place one specific bear into the care of Recipient under terms that protect the welfare of the animal, ensure compliance with applicable permits and law, and preserve Rescue's limited reversion or oversight rights; and

WHEREAS, Recipient represents that it has the facilities, personnel, and regulatory authorizations to provide appropriate long-term care in accordance with the terms set forth below;

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

1. DEFINITIONS

"Bear" means the individual animal described below and any direct progeny acquired under this Agreement. Transfer Date means Month Day Year .

2. DESCRIPTION OF ANIMAL

3. TRANSFER OF CUSTODY

Rescue hereby transfers custody of the Bear to Recipient on the Transfer Date subject to the terms and conditions of this Agreement. Title to the Bear is transferred subject to the express reversion and oversight rights set forth herein. Recipient accepts custody and agrees to assume full responsibility for care, feeding, housing, and management of the Bear commencing on the Transfer Date.

4. CONDITIONS OF TRANSFER

Recipient represents and warrants that, as of the Transfer Date: (a) Recipient possesses all required licenses, permits, and approvals necessary to lawfully possess and house the Bear at the Recipient Address; (b) Recipient's facilities meet or exceed commonly accepted standards for the species; and (c) Recipient will not relocate, transfer, sell, or otherwise transfer possession of the Bear except with Rescue's prior written consent, which consent will not be unreasonably withheld where the proposed transferee meets the standards herein.

5. CARE, MAINTENANCE, AND VETERINARY TREATMENT

Recipient shall provide prompt and appropriate veterinary care and treatment consistent with current standards for the species. Recipient shall maintain complete medical records for the Bear and provide copies to Rescue upon request within five (5) business days. In the event of emergency medical treatment, Recipient shall notify Rescue as soon as practicable and, when feasible, obtain Rescue's prior approval for non-emergency, non-routine procedures costing more than Amount

6. COMPLIANCE WITH LAW AND PERMITS

Recipient shall, at its sole cost, secure and maintain all permits, licenses, and approvals required for possession and operation of the facility where the Bear will reside. Recipient shall provide copies of all relevant permits and renewals to Rescue within ten (10) days of issuance or renewal. Failure to maintain such permits shall constitute a material breach permitting Rescue to reclaim the Bear pursuant to Section 13.

7. TRANSPORTATION AND TRANSFER LOGISTICS

Unless otherwise agreed in writing, Recipient shall arrange and pay for all transportation and handling necessary to effect the transfer. Transport must be conducted by qualified personnel in enclosures meeting industry and regulatory safety standards. A transport plan must be provided to Rescue at least seven (7) days prior to Transfer Date.

8. OWNERSHIP, TITLE AND REVERSION

Title to the Bear shall transfer to Recipient subject to the conditions of this Agreement. Notwithstanding transfer of title, Rescue retains a right of reversion if Recipient materially breaches any material provision and fails to cure within the cure period specified in Section 13. Rescue's reversion right is intended to ensure the Bear's welfare and is not a penalty.

9. FEES, EXPENSES AND PAYMENT

Recipient shall pay Rescue a non-refundable placement fee in the amount of to defray prior care costs. Recipient shall also be responsible for all costs of ongoing care, permits, transportation, veterinary treatment and compliance required by law.

10. INSURANCE

Recipient shall procure and maintain liability insurance covering the keeping of the Bear with combined single limits not less than Amount , and shall name Rescue as an additional insured on such policy to the extent permitted by the insurer. Proof of insurance shall be provided to Rescue prior to Transfer Date and upon each renewal.

11. INDEMNIFICATION

Recipient shall indemnify, defend and hold harmless Rescue, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or related to Recipient's possession, care, housing, transportation, or treatment of the Bear after the Transfer Date, except to the extent caused by Rescue's willful misconduct or gross negligence.

12. LIMITATION OF LIABILITY

EXCEPT FOR LIABILITY ARISING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES. IN NO EVENT SHALL RESCUE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY RECIPIENT TO RESCUE UNDER THIS AGREEMENT.

13. DEFAULT, CURE AND RETURN

A material breach by Recipient shall permit Rescue to declare a default if Recipient fails to cure within days after written notice. If the breach remains uncured, Rescue may require immediate return of the Bear or take other lawful measures to protect the animal's welfare. Transport costs for return shall be borne by the breaching party unless otherwise ordered.

14. INSPECTION AND AUDIT RIGHTS

Rescue retains the right to inspect the Bear and Recipient's facilities upon reasonable notice, and to obtain copies of records relating to the Bear's care. Inspections shall be conducted at reasonable times and in a manner designed to minimize stress to the animal.

15. CONFIDENTIALITY

Except as required by law or regulatory process, the parties shall keep confidential the terms of this Agreement and non-public information regarding the Bear. This obligation shall not restrict Rescue from disclosing information necessary to protect public safety or animal health.

16. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or as otherwise designated in writing by a party. Notices shall be effective upon receipt.

17. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a writing signed by both parties. A waiver of any breach shall not constitute a waiver of subsequent breaches. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument.

18. 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.

19. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including its attachments if any, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

The parties have executed this Agreement as of the date set forth above.

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