Contract For Placement - Big Cat Rescue
AGREEMENT FOR PLACEMENT OF BIG CAT
AND RELEASE OF OWNERSHIP
WHEREAS, _______________________________________________(individually or collectively known as “Donor”) wishes to release ownership, title, responsibility and liability for ________________________________, a ______________________________ (the “Cat”) due to his/her/its/their inability or unwillingness to care for the Cat;
WHEREAS, Big Cat Rescue Corp., a Florida non profit corporation, whose address is 12802 Easy Street, Tampa, FL 33625 is willing and able to take full ownership, title, responsibility and liability for the comfort and care of the Cat, including food, water, shelter, veterinary care and socialization of the Cat, including but not limited to any and all expenses associated with caring for the Cat; and
WHEREAS, it is in the best interests of the Cat that Big Cat Rescue Corp. take ownership, title, responsibility and liability for the Cat.
NOW THEREFORE, Big Cat Rescue Corp. and ______________________ and _______________________ (hereinafter “Donor”) hereby agrees on this ___ day of __________2009 to enter into this Agreement for the benefit of __________________ the _____________________________(“Cat”), and the Cat is more specifically described as: ________________________(breed), _________________(age), _____________________(weight),_______________________(height),_____________
(name) and __________________________________(microchip ID#, if applicable)
Big Cat Rescue Corp. agrees to accept the Cat from Donor and provide permanent lifetime care for the Cat for the rest of the Cat’s natural life. In exchange for such value given and expense incurred by Big Cat Rescue Corp. and the services, Donor agrees:
1. I/We the Donor(s) will never participate in the exotic pet trade, meaning that we shall not buy, sell, trade, breed, harbor nor participate in secondary causes of this abuse by paying to own, breed, foster, touch or have our photos made with exotic cats.
2. If a situation arises where I/we the Donor(s) feel compelled to rescue an exotic cat we hereby promise and agree not do so and shall contact Big Cat Rescue Corp. immediately or another accredited sanctuary that does not breed, buy, sell, trade nor allow any contact with its exotic cats, to rescue the cat in our stead.
3. Donor hereby understands and agrees that if he/she/it/they violates this Agreement, he/she/it/they shall be immediately liable for and pay to Big Cat Rescue Corp. the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) as consideration for the expenses incurred for the comfort, care and services provided by Big Cat Rescue Corp. in the acceptance of ownership, title, responsibility and liability for the Cat.
4. Donor does hereby agree to waive, release, absolve, and covenant not to sue Big Cat Rescue Corp., its employees, officers, board of directors, volunteers, representatives, benefactors, attorneys and agents, for any and all claims, including claims for equitable and injunctive relief, damages, losses or injuries of any kind, resulting from this Agreement and/or Big Cat Rescue Corp.’s ownership, care and control of the Cat. THIS RELEASE INCLUDES A RELEASE FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OR NEGLIGENCE, EITHER ACTIVE OR PASSIVE OF BIG CAT RESCUE CORP., ITS EMPLOYEES, OFFICERS, VOLUNTEERS, REPRESENTATIVES, BENEFACTORS, ATTORNEYS AND AGENTS. THIS RELEASE IS GIVEN AND SIGNED OF MY OWN FREE ACT AND WILL.
Donor further promises and agrees to indemnify, defend and hold harmless Big Cat Rescue Corp, its employees, board of directors, officers, volunteers, representatives, benefactors, attorneys and agents, against any damages, claims, including claims for equitable or injunctive relief, loss or injury of any kind, including reasonable attorney’s fees and costs, arising from or through Donor’s ownership and control of the Cat prior to the date of this Agreement and the transfer of ownership, title, responsibility and liability for the Cat to Big Cat Rescue Corp. on and after the date of this Agreement. This indemnity Agreement encompasses all damages and claims arising from Donor’s ownership and control of the Cat prior to the date of this Agreement and the transfer of ownership, title, responsibility and liability for the Cat to Big Cat Rescue Corp. on and after the date of this Agreement.
5. This Agreement shall be fully enforceable on the date first written above. Proof of violation will be the possession by Donor of any exotic animal or verifiable photographic imagery of Donor posing with an exotic cat in an unaltered photo taken after the date of this Agreement. Written notice of such violation will be made to the address for the Donor listed below and shall be made by certified mail, return receipt requested. In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs, and expenses, including attorney's fees, as may be set by the Court.
6. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Florida. Each of the parties hereto (a) irrevocably submits itself to the exclusive jurisdiction of the Thirteenth Judicial Circuit Court, in and for Hillsborough County, Florida, and the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division, for the purposes of any suit, action or other proceeding arising out of, or relating to, this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise in any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) to the extent permitted by applicable law, any claim that such suit, action or proceeding by any party hereto is brought in an inconvenient forum, or that the venue of such suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts.
7. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and be governed by the laws of the State of Florida. Any provision or part of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
8. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any prior negotiations, representations, Agreements, and understandings, either written or oral.
IN WITNESS WHEREOF, the parties have set their hand and seal on the date first written above.
“DONOR”
____________________
Signature
Print Name:_______________________
“DONOR”
____________________
Signature
Print Name:________________________
STATE OF __________________
COUNTY OF ______________
The foregoing instrument was acknowledged before me this __________ day of ________________, 2009, by _ _____(Donor). He/She/They is/are personally known to me or has/have produced _________________________________________ as identification.
____________________________________
Signature of Notary Public
(NOTARY SEAL)
STATE OF __________________
COUNTY OF ______________
The foregoing instrument was acknowledged before me this __________ day of ________________, 2009, by _ _____(Donor). He/She/They is/are personally known to me or has/have produced _________________________________________ as identification.
____________________________________
Signature of Notary Public
(NOTARY SEAL)
BIG CAT RESCUE CORP.
BY:_____________________________
Print Name:______________________
Title:____________________________
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this __________ day of ________________, 2009, by _ _______________(name) as ___________________________(title) for Big Cat Rescue Corp. He/She/They is/are personally known to me or has/have produced _________________________________________ as identification.
____________________________________
Signature of Notary Public
(NOTARY SEAL)
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