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Morgan Safenet Foundation Inc. operates on a network basis across the country. MSNF is not set up to be a location or a rescue. MSNF is a non-profit 501c3 under Texas law. Horses in our care are shared as they become available for adoptive homes or fosters. Often times none of the board has personally met any of the horses, however we strive to do our best to portray the horse as best we know based on the information given, photo and video shared. MSNF strives to match as best we can potential adopters and fosters to the right horse available. In this agreement, Morgan Safenet Foundation Inc will be called MSNF. The Adopter represents that the information provided in the application process is true and correct to the best of the Adopter’s information and belief.
MSNF and the Adopter wish to enter into this agreement to provide the listed adopted horse with a suitable forever home.
RETURN POLICY. MSNF has commitment to all its horses: to care for them for the lifetime of each horse. The Adopter agrees that if he or she is unwilling or unable to care for the adopted horse for its entire lifetime, he or she will contact MSNF and return the adopted horse to a location specified by MSNF. The Adopter understands that he or she is responsible for the care of the horse until he or she has delivered it into the proper MSNF hands, and will do everything within his or her power to safely return the horse.
The Adopter agrees that in the event that he or she finds a suitable alternative home for the horse, he or she will contact MSNF with the name, address and phone number of the proposed new adopter. And proposed new adopter will be required to complete a MSNF adoption application and other requirements for adoption and obtain approval from MSNF in writing before adopting the horse. Under no circumstances shall the Adopter transfer permanent custody, ownership or possession of the horse to any one entity, including family or friends or entity or agency without written consent of MSNF.
At no time can the adopted horse be transferred or resold at any type of auction, horse broker, feed lot or slaughter destination.
ADOPTION PRICE. Adopter shall pay Adoption Price $_________ (“Adoption Price”) for the Horse. Adopter shall pay Transport Fee if applicable $_________
Total Fees Paid to MSNF: $__________
Often a horse that is saved from an “at risk” situation has been through many traumatic experiences. They need time to regain a trust to humans that may have been lost. Often some need more rest and rehabilitation before jumping into a new job full of expectations. Being Morgan, most do want and love a job. It is the policy of MSNF to share ALL known information on the horse that is being saved to the adopter so that he/she is aware of this. Often times not much is known. Rescue is taking a chance but time, patience, love and proper handling can lead to a fulfilling lasting bond between you and your horse.
TITLE/PAPERS. MSNF transfers ownership of the adopted horse to the Adopter. The Adopter agrees not to sell, lease, loan, or transfer ownership of the adopted horse to anyone other than MSNF without MSNF’s written approval.
For papered horses, the adopter agrees to re-register the horse in his/her name with the AMHA within 90 days of receiving paperwork so the horse's records stay updated.
REVERSION OF TITLE. The Adopter agrees that the title to the adopted horse automatically reverts back to MSNF if MSNF makes the determination that:
NO SLAUGHTER/NO AUCTION. The undersigned agrees that this animal will only be transferred privately and will not be resold at any type of auction, to a known horse broker, feed lot or slaughter destination. In the event the undersigned fails to comply with the terms of this Adoption Contract, MSNF reserves the right to commence legal proceedings to recover the horse, and the undersigned shall be liable for all costs including damages, inclusive of attorney’s fees, in connection with such legal proceeding. MSNF also reserves the right to re-poses the horse, with or without notice, if the horse is in any situation that presents to MSNF as life threatening.
EUTHANASIA. The Adopter agrees not to euthanize the adopted horse because the Adopter cannot afford necessary veterinary treatment. The Adopter agrees to contact MSN before euthanizing the adopted horse. At its discretion, MSNF has the right to take ownership and possession of the adopted horse to save the animal from euthanasia. This provision does not apply in dire situations when the horse is suffering and needs to be immediately euthanized.
NO REPRESENTATIONS. The Adopter understands that MSNF does not guarantee the health, temperament, or training of the above described horse. MSNF adopts horses out so they can be saved and given a good life. Horses are adopted “as is” from MSNF, with no warranty expressed or implied. Some horses are also adopted out as alternative to being put at risk. Sometimes MSNF purchases these horses at closer to market value prices and these horses will have and be marketed as resale with more commercial value. The adopted horse described has at least these known following limitations:
CARE OF THE HORSE. The Adopter agrees to care for the adopted horse for his/her lifetime. Care for the animal is at the Adopter’s sole expense. MSNF considers responsible basic care guidelines to include the following:
VETERINARY CARE. The Adopter agrees to provide the horse with the necessary vaccinations as advised by his or her veterinarian. The Adopter agrees to obtain immediate veterinary care should the horse become sick or injured, and take full financial responsibility for any veterinary expenses.
VETERINARY RECORDS. The Adopter authorizes MSNF to review the veterinary records of the adopted animal. A copy of this agreement is sufficient authorization from the Adopter to any veterinarian to release records to MSNF.
BREEDING. Breeding may be allowed if the horse in question is a registered mare or stallion. It must be stated at the time of adoption that breeding is the intended use of the horse. MSNF does not often get stallions. Should the adopted horse be a stallion, to be used for breeding, the same types of responsible guidelines need to be used. MSNF considers responsible breeding guidelines to include the following:
The adopted horse will be trained to ride or drive so the horse maintains value to the general horse owning public should the adopter need to re-home her or she should become unsound for breeding
INSPECTION. The Adopter agrees that MSNF or its representative can perform in-person or telephone follow-up checks, including unannounced facility visits, on the adopted horse. If MSNF decides the adopted horse is inadequately cared for , MSNF has the right to immediately take possession of the horse. The Adopter gives MSNF or its representatives the right to enter the Adopter’s property for the purpose of inspecting the adopted horse or taking possession of the adopted horse according to the provisions of this agreement.
CHANGE OF ADDRESS. In the event the Adopter moves, he or she agrees to contact MSNF with change of address information, so that records can be updated.
SEIZURES OR IMPOUNDMENT OF THE ADOPTED HORSE. If the horse for any reason be picked up by local law enforcement or animal control, the Adopter will immediately contact MSNF by phone or email and inform MSNF directly that the horse has been picked up and impounded and the horse’s location. The Adopter shall also inform the authorities holding the horse that the horse is under the ultimate ownership of MSNF, provide contact information for MSNF to the authorities and request that the authorities contact MSNF immediately.
RELEASE. The Adopter, and for his/her spouse, heirs, executors, personal representatives and assigns, agrees never to bring a claim or suit against Morgan Safenet Foundation, Inc. (MSNF). The Adopter releases MSNF and its directors, founders, employees, officers, agents, representatives, contractors, volunteers, successors and assigns from all liability arising from the adoption or behavior or actions of the animal.
The Adopter understands that this agreement discharges MSNF and its directors, founders, employees, officers, agents, representatives, contractors, volunteers, successors and assigns from any liability to the Adopter and his/her spouse, heirs, executors, and assigns with respect to bodily injury, personal injury, illness, amputations, scarring, death, property damage or other loss that may result from the adoption or behavior or activities of the animal. The Adopter releases MSNF and discharges the adoption or behavior or activities of the horse. The Adopter releases MSNF and discharges MSNF and its directors, founders, employees, officers, agents, representatives, contractors, volunteers, successors and assigns from any liability for MSNF’ own negligence or liability that may result in bodily injury, illness, amputations, scarring, death, property damage or other loss to the adopter.
INDEMNITY AGREEMENT. The Adopter, and for his/her spouse, heirs, executors, personal representatives and assigns, agrees to indemnify and hold Morgan Safenet Foundation, Inc. (MSNF) harmless for all bodily injury, personal injury, illness, amputation, scarring, death, property damage or other losses, including attorney’s fees and costs of litigation, that result to anyone else or any other entity because of the Adopter’s negligence or liability. This includes lone acts or omissions by the Adopter as well as combined acts of the Adopter with others.
AUDIO-VISUAL IMAGES. The Adopter understands that the activities of MSNF are potentially of interest to donors, foundations, contributors, government officials and the public at large, and that in connection therewith such activities, including adoptions, may be recorded on film, video or other electronic recording media. The Adopter hereby consents to such recordings and to the use by MSNF of any recorded images or other media recordings of his/her name and likeness for any purpose related to furtherance of the objectives of MSNF. In particular, the Adopter grants MSNF permission to copyright and use, reuse, publish, and republish recorded images or other media recordings, without restriction as to changes or alterations, for art, advertising, trade or other purpose.
OTHER. The Adopter expressly agrees that the releases and indemnity agreement are intended to be as broad and inclusive as permitted by law. The Adopter agrees that in the event that any clause or provision of this agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this agreement. This is the entire agreement between the parties and supersedes any other verbal or written statements, representations, or promises.
GOVERNING LAW AND VENUE. In the event the undersigned fails to comply with the terms of this application and agreement, MSNF reserves the right to commence legal proceedings to recover the horse, and the undersigned shall be liable for all costs to MSNF, assumed at a minimum of $5,000.00 inclusive of attorney’s fees, in connection with such legal proceeding.
This agreement is and shall be governed by the laws of the state of Texas, (Ellis County, TX). Any legal action commenced to enforce or interpret this Agreement shall be brought in state or federal courts with the appropriate jurisdiction, located in Midlothian TX(Ellis County, TX). The parties hereto consent to both venue and jurisdiction. All preliminary and contemporaneous agreements and understandings are merged and incorporated into this Agreement, which contains the entire agreement between the parties. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original. All of which together shall be deemed as one and the same instrument. No party may assign or transfer this Agreement without the prior written consent of the other party.
PROMOTE. PROTECT. GROW THE LOVE FOR THE MORGAN HORSE.
EIN: 46-5031216 DLN: 17053188331004
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