EmailMe Form - Foster Agreement for Heart of Phoenix

• Foster Agreement for Heart of Phoenix

This EQUINE FOSTER AGREEMENT

WHEREAS, Heart of Phoenix, known as (HOP), is a non-profit entity that provides care, rehabilitation, and adoption services for equines that have been abandoned, surrendered, or seized by law enforcement;

WHEREAS, FOSTER has Applied and been Approved to Foster;

WHEREAS, Fostering shall not be interpreted as ownership of the equine. FOSTER means, for the purpose of this contact, to assume care of the equine with contingencies set forth in this document until the horse is removed by HOP for adoption or another foster care placement.

NOW, 1. The foster shall provide Heart of Phoenix equines sufficient good quality hay, free choice water, salt and mineral access, routine farrier trims as needed, access to vet care (as needed and approved by HOP), routine worming and vaccinations, handling or training (as specified and approved by HOP prior), safe fence and pasture and sufficient room for exercise. Concentrated feed shall be provided as needed for the foster horse and NO changes to the feed are allowable without the express permission of a Heart of Phoenix Board or Officer member. FOSTER shall not withhold any medical or dental care for any reason if HOP has expressly requested it or in an emergency situation. FOSTER shall always allow access to HOP approved equine dentists, veterinarians, or farriers as needed without exemption. Fosters will not make training, medical, adoption, feeding or farrier decisions, Nor move the horse to another location without the express permission of HOP. Heart of Phoenix agrees to provide the foster either by email or a printed paper with a status sheet which will include the expected feed regime, the vaccination and teeth floating dates, any idiosyncrasies this particular horse has, and what training we would like or not like this particular equine to have.

MISCELLANEOUS

1. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by West Virginia law, excluding any laws that direct the application of another jurisdiction’s laws;

2. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred;

3. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties;

4. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement;

5. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible;

6. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

7. Default.
(a) Right of removal. Upon material breach of this Agreement, Heart of Phoenix, Inc. will immediately remove said horse without incurring any responsibility to FOSTER.
(b) Right to collect fees and costs. This Agreement is terminated upon a breach of any material term and the Heart of Phoenix has the right to collect all reasonable fees and costs, including attorney fees, from the breaching party.

This contract must be signed, witnessed and delivered the day that an FOSTER horse is delivered or transported to the FOSTER HOME. Anyone signing this contract agrees they have reviewed all information on
the adoption process as found at http://www.wvhorserescue.org and agree to all standards set forth therein.

Check when you've read all of the above and that you agree

Name

First Last

Address

Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country / Region

Email

Phone

### - ### - ####

Farm, Home or / and General Liability information (Policy and provider)

Specific Reimbursement Requirements as agreed to by Both FOSTER AND HOP:

Horses Fostered:

Do you agree to reach out to HOP for the "About my Foster" form upon picking up your foster horse and follow the protocols included in that form? *

Yes

Have you read and do you agree to the FAQ For Fosters located in a readable link at www.wvhorserescue.org/volunteer/foster/ *

Yes

Signature of FOSTER agreeing to all within this electronic document:

Clear

Date Time

MM / DD / YYYY