How to understand and draft a sample dog adoption contract

What is a dog adoption contract?

The purpose of a dog adoption contract is to formalize the transfer of a dog from a shelter or previous owner to the new owner. It allows for specific provisions to be included in the adoption agreement and protects both the shelter and the new adopter should issues arise in the future. Just like any other contract, it will likely include information on confidentiality, amendment, severability, and the governing state laws. It can also help clarify issues related to medical treatment, financial responsibilities, and the return of the pet should there be any issues before or after the adoption takes place . A dog adoption contract will typically include the following:
Purpose of the Adoption Agreement
Adopter Information
Description of Pet
Adoption and Donation Fees
Liability Release
Care of Animal
Return of the Animal
Agree to Terms of Contract
DISCLAIMER
No Warranty Material
Changes and Amendments
Signatures of Both Parties
Vet Contact Information
Vaccination Requirements
Microchip Requirements
House Check Requirements

Components of a dog adoption contract

A dog adoption contract should always contain the following components:
The Parties. Clearly identify each party to the contract. In the case of a dog adoption, the dog rescue or shelter is the "rescue" or "shelter". The party adopting the dog is typically called the "adopter" or "adopting party".
Name, Age and Description of Animal. It is important to include the name of the dog as it is currently known, sex, approximate age, breed, color and any identifying markings, microchip number, etc. that will help the adopter correctly identify the dog during the course of the agreement.
Adoption Fee. The purpose of an adoption fee is to help further support the work of the rescue in its efforts to continue finding homes for other dogs. Be sure to include the amount of the adoption fee, the method and timing of payment and if the fee is non-refundable. Most rescues will "require" you to pay an adoption fee to ensure that you have made a financial commitment to the animal. Fees will vary, but are generally somewhere between $50 and $300. The shelter/rescue should indicate their policy to the adopting party for refunding the fee, should the adoption not work out. Most rescues choose not to refund the fees. The adopter has been given the opportunity to stay in their home and should know whether or not they will be camping out at their new home with more animals to feed and shelter than before.
Health and Medical Information. You should include any medical records, vaccination records, health certifications, etc for the dog. If the dog had heartworm preventative, vaccinations, or other medical treatments administered by the rescue, this is the place to list it.
Obligations of the Adopter. Include provisions that state the obligations of the adopter. These may include restrictions on breeding or allowing the dog to roam. Adopted dogs should be required to be fed a nutritious food of a certain quality; be kept free of ticks, fleas and other parasites. In addition, the adopter should be encouraged to spay/neuter the dog as soon as possible.

Advantages of a dog adoption contract

Benefits of Having a Dog Adoption Contract
Similar to an official dog purchase contract, an adoption contract serves the legal function of protecting the animal in question (and establishing legal ownership of the animal by the purchaser/adopter). Adoption contracts also provides important protections for rescues, person-to-person adoptions, and other dog-selling entities by clearly laying out expectations for both parties.
To the potential adopter, dog adoption contracts can set crucial parameters by which he or she can gauge whether the animal in question will be a good fit. If the dog exhibits aggressive behavior toward children, a responsible potential adopter will know immediately that this dog is not appropriate for his or her family. The dog may not be a suitable choice if it has lengthy descriptions of care requirements, such as "frequent exercise" or informational details about the health of the animal. This is particularly true for someone who has no backyard and works long hours, or for an older person who may not be able to enforce a vigorous exercise regimen. Certain adoption requirements may be cost- or time-intensive, which might not be a problem for most, but could preclude your adoption if you work full-time or have a busy schedule. Even simple qualifications such as "must have a fenced-in yard" can eliminate potential adopters in certain rental markets.
Imagine a sad scenario in which a puppy has been adopted and one month later is brought back to the shelter with indications of severe aggression. The contract would show that the shelter exercised due diligence in letting the adopter know that an aggressive dog does exist and might, in fact, pose a danger to children and/or other household pets. Thus, the shelter will not be found liable for any injury or damage the dog might cause. The shelter has a paper trail to document and support their actions and decisions.
As with any business, it is critical for rescues, shelters, and adoption agencies to protect themselves commercially, financially, and legally. A carefully prepared adoption contract sets the stage for a successful transaction, while keeping everyone protected.

Typical terms in a dog adoption contract

Spay/neuter clause: Many rescues will require adopters to sterilize the dog as a condition of the adoption. Some will specify a window of time (e.g., 30-90 days) after which the sterilization should occur, others will merely require that the sterilization take place. This is an important clause in reducing the number of unwanted litters born each year. If you anticipate breeding the dog you are adopting, stay clear of the rescues that have these requirements.
Return policy clause: This clause spells out the rescuer’s return policy, including any time limits on returns, as well as what will happen to the dog upon its return. Some rescues will keep a dog for a 30 or 90 day "trial period" to give the adopter a chance to see if the dog is a good fit. Other rescues may require you to return the dog within 7 days. This return policy will be very important if your new dog doesn’t get along with your family, friends, co-workers or pets, if it has serious behavior problems, or if you realize that you just aren’t able to provide it with the proper care it needs. It may also be very important to the rescue in order to reduce returns that occur after the initial grace period. If a dog is abandoned and left at a pound or shelter, most rescuers can’t afford to keep it for a long period of time. You must think carefully about your ability and willingness to keep the dog for its entire life and only adopt if you can make that commitment.
Vaccination clause: Almost all rescues will require that the adopters keep their dogs up-to-date on vaccinations. Some rescues will go so far as to specify which vaccinations are to come due (e.g., vaccinate for rabies by the time the dog is 1 year old) while others simply require that the dog’s vaccinations be kept current. This clause often comes into play if the adopters’ veterinarian tells them the dog has special health needs or cannot receive some of the vaccinations for medical reasons. The rescuer may ask that the dog be returned or temporarily moved to a family member to prevent the risk of disease transmission.
Limitations on breeding , lawbreaking, animal fighting, etc.: Some rescues may ask potential adopters to sign an addendum to the adoption contract prohibiting the adopter from breeding the dog, breaking local animal ordinances, or fighting the dog. Although not permitted by many shelters in their adoption contracts, rescues may believe that this type of clause is needed to protect the dogs in the case of irresponsible adopters.
Privacy clause: It is common for rescues to permit adopters to speak with other adopters and potential adopters about their experiences with the dog and with the rescue in general. Some rescues even encourage adopters to provide references. However, some rescues also prohibit adopters from discussing dog health issues or other sensitive topics on public forums, such as social media websites. Before you allow such a contract clause to deter you from adopting a dog, consider that a reputable rescue will most likely take careful notes on any health or behavioral problems that arise with the dog after the adoption. They may use this information to warn others of these problems before they are adopted, or to ensure that appropriate placement procedures are followed in the future.
Clause permitting the rescue to inspect the animals’ living conditions: Such a clause might seem to be a bit over the top, and it is probably appropriate to be cautious about any rescue that would want to do such an inspection. However, the purpose of such a clause is to monitor the health and wellbeing of their dogs. Responsible rescues need sufficient resources to care for the dogs during their time at a shelter, and turning these resources over to adoptees should not occur without proper oversight and monitoring. If your vet bills are covered by the rescue for a so-called "free" adoption, make sure to require a clause that permits you to review keep the dog’s medical records so you can obtain care for the dog in the future at your own cost. These agreements can be tailored to ensure that they meet both parties’ needs.

How to write a tailored dog adoption contract

A sample dog adoption contract can serve as a good starting point in determining what clauses are essential and which ones may be unnecessary. However, pre-written forms often do not apply to your specific situation in its entirety. It is best to consider the particulars of the situation when drafting a customized dog adoption contract. This will ensure that the contract will be enforceable in court.
If you are unsure whether your contract is enforceable, it is a good idea to seek the advice of an attorney. A lawyer can help ensure that the contract serves your needs and meets all relevant laws and regulations. If not careful, an individual may make an oral promise to adopt, but because they did not get it in writing, they do not have any legal recourse.
When deciding which provisions should remain in your customized dog adoption contract, consider the following:
• Applicants may be reluctant to provide their social security numbers. In this case, use a state-issued identification number and have them sign an affidavit.
• If both spouses are to be held responsible for the obligations of the contract, their names should be included. If only one spouse is responsible, the other’s name should be omitted from the document.
• Certain provisions may be unnecessary, such as those promising the buyer will not mistreat the animal. Only state mandatory terms of sale.
• Be careful to use the proper name of the dog, with specific details, such as microchip information, color, age and sex. Eliminate the space for "markings" and amend the section to include health-related information, such as vaccinations received or a description of any pre-existing conditions.
• Indicating the name and phone number of the veterinarian you recommend will ensure that the adopter will not continue to work with another veterinarian that you do not approve of.
• Describing the terms of the medical records made available to the new owner will protect you in the event that you later provide them with false or misleading pictures about the dog’s health. For example, stating that the dog had ear surgery would be misleading if the dog underwent ear crop instead.
• If you plan to charge adoption fees, specify a date by which they must be paid. Otherwise, the contract may not be enforceable.
• If you wish, consider having them agree to not adopt another animal without your consent.
• Be sure to set up a check-in system so that you know how the dog is progressing.

Sample dog adoption contract

The following is a sample contract that can be downloaded and used or modified as desired when adopting a dog.
This adoption agreement is entered into this ____ day of ________, 20___, by and between _____________________________________ (Adopter) located at _____________________________________________________ and _________________________________(Rescue) listed at ________________________.
ADOPTER(S)
ADDRESS: ________________________________________________________
PHONE: ___________________________________________________________
EMAIL: ___________________________________________________________
DESCRIPTION OF DOG (ADOPTED ANIMAL)
[RESCUE/ORGANIZATION] NAME _______________________________ and
BREED____________________________________
AGE______________SEX_______________________________Reproduce a picture of the dog
COLOR_______________________________________________________
IDENTIFYING MARKS_________________________________________
DATE ACQUIRED ________________________IS THE ADOPTED ANIMAL SPAYED/NEUTERED? YES NO
ADOPTION DONATION AMOUNT: $_________________________
HEALTH ISSUES/DISCLAIMER
Rescue does not guarantee the health of the animal. It is the adopter’s responsibility to have the animal continually seen by a veterinarian for all the animal’s needs. Rescue recommends spaying/neutering of the animal , and weekly flea and heartworm-prevention medications. It is the adopter’s responsibility to contact their veterinarian to find an affordable option for flea prevention and heartworm medications.
AGREEMENT
Adopter certifies that they have read and understand[,] [] within the last _____ days [Rescue] has conducted an interview with adopter and has examined the dog and found it free from signs of illness or disease.
RECOMMENDED MEDICATIONS
YOU MUST CONTACT YOUR VETERINARIAN WITHIN 2 WEEKS
TO SCHEDULE YOUR VET APPOINTMENT. please let your vet know that your new pet will need to be examined and be put on both flea and heartworm prevention. You will need two appointments.
DON’T FORGET
HEARTWORM PREVENTION ONCE A MONTH
AND FLEA / TICK PREVENTION ONCE A MONTH
Signature (adopter) _______________________________________________
Signature (rescue) _________________________________________________
Important Note Regarding Downloading the Template
After you receive your downloaded document, you can adjust it to meet your specific needs. It’s also a good idea to have your dog adoption contract reviewed by your lawyer to make sure it’s in your best interests.