Parrot Hope Rescue Adoption Contract

You and PHR (the "parties") therefore agree as follows:

• PHR hereby transfers full ownership of the bird to the New Owner. The New Owner shall first pay an adoption fee. This adoption fee is non-refundable.

• This Agreement is not valid until signed by an authorized PHR representative.
  
• No Warrantees. The New Owner understands that PHR rescues animals from a wide variety of circumstances. Although PHR personnel may provide the New Owner with some information about the animal, PHR can never guarantee the health, behavior, age, gender, or disposition of the animal. The New Owner, therefore, takes ownership of the animal "AS IS", with all faults" and without warranties of any kind.

• Animal Care. The New Owner shall have the animal examined by a veterinarian within 30 days of signing this Agreement at his/her own cost During the lifetime of the bird, the New Owner shal provide high quality care for the bird, including but not limited to, a clean living area, protection from heat, cold and the elements, daily exercise, and curative and preventative care as needed.

• In addition, the New Owner will
  a) Feed the bird a varied and healthy diet daily
  b) Provide the bird at all times with fresh, potable water
  c) Provide the bird with a safe cage large enough to provide plenty of room for exercise and free mobility
  d) Provide the bird with safe toys and other items for mental enrichment.
  e) Have the bird examined by a qualified veterinarian at least annually, and at any sign of illness
  f) Make appropriate arrangements for a bird sitter or boarding whenever the New Owner will be absent from the premises overnight or for an extended period of time
  g) Make appropriate arrangements in the New Owners will or other estate planning for the ongoing care of the bird after the New Owner's death, considering the average expected life span of the bird;
  h) Always keep the bird in a smoke-free environment
  i) Continue to educate him/herself about proper bird care, and new knowledge in the field of proper bird care;
  j) Contact the New Owner's veterinarian, an animal care expert or PHR with any questions or concerns regarding the care and treatment of the bird during its lifetime
  k) Work with the bird to modify any undesirable behavior without the use of punishment or other methods which may harm the bird, understanding that birds are not domesticated like a dog or cat and that certain behaviors may never be entirely eradicated
  l) Give the bird all the attention, affection, interaction and mental stimulation appropriate to a highly intelligent and social creature, and to treat him/her like a treasured member of the New Owner's family.

• Use or Transfer of Bird. The New Owner SHALL NOT breed the bird, sell the bird, or otherwise use the bird for monetary gain. 

• The New Owner shall not give ownership or long-term possession of the bird to another person without prior, written consent of PHR. If the New Owner can no longer care for the bird for any reason, the New Owner shall return and surrender ownership of the bird to PHR.

• Right to Inspect. At any time with reasonable prior notice, New Owner shall permit PHR to inspect the bird and its living conditions to make sure that the bird is receiving good, humane treatment and care. The New Owner consents to allow PHR to examine any veterinary records regarding the animal.

• Ownership May Revert to PHR. If the New Owner fails to strictly comply with paragraph 3, 4 or 5 above, or is convicted of an offense relating to animal cruelty or neglect, ownership of the animal shall immediately revert to PHR; and the New Owner must immediately return the animal. PHR thereafter shall have the right, but not the obligation, to enter the premises of the New Owner without further notice to retrieve the animal. New Owner shall immediately pay PHR $10 liquidated damages (not as a penalty) for each day he/she fails to return the animal to PHR under this paragraph. The parties agree that $10 per day is reasonable compensation for depriving PHR of its property, and that the actual damages would be difficult to determine.
  
• Hold Hamless; Indemnification. New Owner will indemnity and hold harmless PHR against all liability and claims for losses and damages to persons or property in connection with the animal, including but not limited to damages from animal bites/attacks and claims of negligence on the part of PHR. New Owner waives any remedy for damages which is not specifically contained in this Agreement.
  
• Attorney Fees and Interest. In the event of legal action arising from this Agreement, the losing party shall pay the prevailing party's costs and attorney fees, whether incurred prior to or after legal action is filed.
  
• General Provisions. This Agreement is the entire understanding between the parties. The parties are not relying on any prior communication of any kind. This Agreement may not be amended or modified without a writing signed by both parties. This Agreement shall be governed by Ohio law. Any action to enforce or interpret this Agreement must be made in the appropriate court with jurisdiction over Mantua, Portage County, Ohio. The failure of PHR to insist on the performance of any of the terms of this Agreement shall not waive or bar the future enforcement of any such terms.