Reality’s Chance Sanctuary CONDITIONAL BILL OF SALE AND ADOPTION AGREEMENT
This Conditional Bill of Sale and Adoption Agreement is made and entered into as of the last date listed below, by and between Reality’s Chance Sanctuary Adoption Program, a Michigan not-for- profit corporation (hereinafter "RCS") and the person signing below (hereinafter "Adopter") For valuable consideration as hereinafter descnbed, the parties agree as follows:
1. Adopted Horse
Adopter hereby adopts the horse identified in this Paragraph subject to all the terms and conditions of this Agreement.
Horse:______________________________________________________________________
Name:______________________________________________________________________
Tattoo or Registration Number:______________________________________________________________________
Horse:______________________________________________________________________
Name:______________________________________________________________________
Tattoo or Registration Number:______________________________________________________________________
2. Adoption Fee
Adopter shall pay RCS a one-time ”Adoption Fee" of $ , which sum shall be due and payable upon execution of this Agreement by both parties hereto.
3. Title, Liability and Risk of Loss
Title, Risk of Loss and Liability with respect to the Adopted Horse shall pass the Adopter upon receiving physical possession of the Adopted Horse at the premises of RCS and upon accepting possession thereof, or through its transportation agent, Adopter does hereby indemnify and hold harmless RCS with respect to all claims whatsoever related to the Adopted Horse, including, but not limited to, its reasonable attorneys fees incurred in connection with any such claim. Adopter shall be solely responsible for transportation and costs thereof for removal of the Adopted Horse from RCS’s premises and for obtaining a valid health Certificate prior to such transport.
4. Facility Agreement
Prior to removal of the Adopted Horse from the RCS premises, Adopter shall provide RCS with a. written document signed by an agent of the facility to which the Adopted Horse is being transported and will be boarded ("Facility Agreement") The Facility Agreement shall include the contact person, physical address and phone number of the boarding facility, a written acknowledgement that the boarding facility has been provided with a copy of this Agreement, agrees to be bound by all its terms and that any claim for board shall be subordinate to the rights of RCS under this Agreement.
5. Trial Period, Limited Right of Return
In the event the Adopted Horse shall be determined by Adopter to be unsuitable to Adopter within sixty (60) days following the receipt of physical possession of the Adopted Horse, Adopter shall have the right to offer RCS the return of the horse in
exchange for a credit equal to the Adoption Fee. Provided, however, that RCS shall be entitled to retake possession of the Adopted Horse without granting a credit to Adopter in the event the Adopted Horse’s physical condition has changed while in the possession of Adopter. Following the expiration of the trial period, RCS may, at its election accept return of the Adopted Horse without a credit orassist in the placement of the Adopted Horse, upon request of Adopter. Adopter shall be solely responsible for all transportation costs incurred for return of the Adopted Horse to RCS.
exchange for a credit equal to the Adoption Fee. Provided, however, that RCS shall be entitled to retake possession of the Adopted Horse without granting a credit to Adopter in the event the Adopted Horse’s physical condition has changed while in the possession of Adopter. Following the expiration of the trial period, RCS may, at its election accept return of the Adopted Horse without a credit orassist in the placement of the Adopted Horse, upon request of Adopter. Adopter shall be solely responsible for all transportation costs incurred for return of the Adopted Horse to RCS.
6. Reporting/Inspection Term of Agreement
The parties hereby agree that the term of this Agreement for purposes of Adopter reports and Inspection shall be 12 months. During the Reporting/Inspection Term of this Agreement:
A. Update Reports
At the conclusion of the third, sixth and twelfth month following the date of this Agreement (and within seven (7) days of serious injury, illness or death of the Adopted Horse), Adopter shall provide a written update report to RCS which shall include:
- A current body photograph of the Adopted Horse without blanket or tack;
- A narrative description of the Adopted Horse’s progress and condition;
- Complete information concerning any change in the boarding facility;
- In the event of serious injury, illness or death, a complete veterinary report.
B. Information/Inspections
- Upon seven (7) days notice from RCS, Adopter shall provide copies of any veterinary records, receipts or reports concerning the Adopted Horse;
- Adopter shall provide fourteen (14) days written notice to RCS prior to relocating the AdoptedHorse;
- Adopter expressly authorizes RCS representatives to inspect the Adopted Horse at any time, at any location, including but not limited to, any private stable location.
7. Prohibited Acts
Adopter expressly agrees that the Adopted Horse shall not be offered for sale at. public auction or used as a means of transportation on any public roadway.
8. Standard of Care
In carng for the Adopted Horse, Adopter shall exercise the degree of care, at a minimum, as set forth in the standards adopted by the Thoroughbred Aftercare Alliance (which are hereby incorporated herein by reference) and shall include customary farrier, worming, vaccination and nutrition sufficient to maintain the Adopted Horse at a minimum score of 4 on the Henneke Scale.
9. Sale of Adopted Horse
Adopter shall not have the right to sell the Adopted Horse to a third party 12 months after the date unless authorized to do so by RCS. [n the event of a sale Adopter shall give prior written notice of such sale to RCS, including the name, address, telephone number and email of the purchaser, and provided further, that RCS is provided with a copy of the fully executed written Bill of Sale for such sale in the precise form attached hereto as Exhibit "A".
10. Limited Option of RCS to Void Adoption Agreement.
It. is expressly agreed that. RCS shall have the right, which is hereby granted, to give written notice to Adopter of the voiding of this Agreement, whereupon all right title and interest in the Adopted Horse shall immediately revert to RCS which may immediately retake possession of the Adopted Horse without ftuther legal action and without further legal recourse by Adopter. The right of RCS herein granted shall be limited to circumstances in which the terms of any of Paragraphs 6, 7 or 8 of this Agreement have been violated. Adopter further expressly agrees that RCS shall be entitled to immediate inj unctive relief in order to enforce the terms of this Paragraph by virtue of there being no other adequate legal remedy for such enforcement. In the event of the exercise by RCS of its rights under this Paragraph, Adopter shall be obligated to pay all costs incurred by RCS in enforcing this Paragraph, including, but not limited to, its reasonable attorneys fees.
ll. Warranties and Disclaimers.
RCS hereby warrants and represents that it is the owner of the Adopted Horse and has full title thereto for purposes of entering into the terms of this Agreement. Adopter warrants and represents that all information contained in the Adoption Application is tme, correct and complete. RCS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ADOPTED HORSE, OR ANY OTHER
EVENT, COVENANT, CONDITION OR OCCURRENCE, INCLUDING WITHOUT LIMITATION, THE TEMPERAMENT OR SUITAB ILITY OF THE ADOPTED HORSE FOR RIDING, ALL OF SUCH WARRANTIES BEING SPECIFICALLY DISCLAIMED. ADOPTER
THEREFORE ACCEPTS THE ADOPTED HORSE ON AN "AS IS" AND "WITH ALL FAULTS" BASIS.
EVENT, COVENANT, CONDITION OR OCCURRENCE, INCLUDING WITHOUT LIMITATION, THE TEMPERAMENT OR SUITAB ILITY OF THE ADOPTED HORSE FOR RIDING, ALL OF SUCH WARRANTIES BEING SPECIFICALLY DISCLAIMED. ADOPTER
THEREFORE ACCEPTS THE ADOPTED HORSE ON AN "AS IS" AND "WITH ALL FAULTS" BASIS.
11. Choice of Law, Venue and Warning.
This Agreement shall be governed and construed according to the laws of the State of Michigan and venue for any action brought to enforce its terms shall be vested in “the Jackson Circuit Court, Jackson, Michigan, to the jurisdiction and venue of which Court both parties hereby consent. This Agreement shall be binding upon the parties, their respective heirs, successors and assigns, The waiver of any provision hereof by RCS on any one occasion shall not effect a waiver of any provision hereof or of any provision of any other agreement to which RCS is a party. This Agreement may be modified only in writing and this Agreement. may be executed in counterparts, by fax, original or electronic signatures.
WARNING: Under Michigan law, a farm animal activity sponsor, farm animal professional, or other person does not have the duty to eliminate all risks of injury of participation in farm animal activities. There are inherent risks of injury that you voluntarily accept if you participate in farm activities.
IN WITNESS WHERE OF, the parties have executed this Agreement as of the last date below written:
Reality"s Chance Sanctuary ”RCS":
BY:_____________________________________________________________________________________________
DATE:__________________________________________________________________________________________
ITS:____________________________________________________________________________________________
ADOPTER":_____________________________________________________________________________________
BY:_____________________________________________________________________________________________
DATE:___________________________________________________________________________________________
Address:________________________________________________________________________________________
Phone/Email:____________________________________________________________________________________
DATE:__________________________________________________________________________________________
ITS:____________________________________________________________________________________________
ADOPTER":_____________________________________________________________________________________
BY:_____________________________________________________________________________________________
DATE:___________________________________________________________________________________________
Address:________________________________________________________________________________________
Phone/Email:____________________________________________________________________________________