Fostering Agreement

Path of Hope Rescue, a Non Profit Corporation (“PHR”) has taken all reasonable measures to protect me and its foster/rescued animals.  Every measure is to be taken to ensure a safe and comfortable living situation for the foster family and the foster animal.

I realize that the animals PHR currently takes in (i.e. dogs) are just that, animals.  They may bite, scratch, carry disease, injure me, other individuals or other animals, and they may also cause damage to my home, vehicle, personal property or otherwise.  I acknowledge and agree that PHR cannot guarantee me or anyone else what type of temperament the animal(s) I am fostering may have. I also hereby acknowledge and agree that by volunteering as a foster, I am assuming any and all risks associated with fostering an animal.

I am not an agent of PHR and I hereby accept responsibility for the animal(s) in my care.

I understand that because I may come in contact with animals, it is important to discuss being vaccinated against tetanus with my physician.

I certify that I have a valid Driver’s License, active car insurance and reliable transportation.

I understand that if I foster an animal, I have an obligation to provide proper care for the animal.  

I agree to abide by decisions made by PHR and that non-compliance with any issue could result in the foster animal being removed from my care.  I understand that the foster animal is only in my care temporarily and that this is NOT and adoption agreement and therefore is not an agreement that I will be allowed to retain possession of the foster animal on a permanent basis.

Release and Wavier of Liability

In consideration of being permitted to foster an animal from PHR, I, the undersigned, for myself, my personal representative, heirs, next of kin, invitees and /or guests:

Acknowledge, agree and represent that I am aware of and assume the many risks associated with being around animals, including, without limitation, the risk of being bitten, scratched, jumped upon, knocked over, chased, tripped, infected with a disease or otherwise injured or frightened.  The risks include damage to my personal or real property.  PHR cannot guarantee me or anyone else what type of temperament the animal(s) I am fostering may have, and that I hereby accept responsibility for the animal(s) in my care.

I AM NOT AN AGENT OF PHR.  I hereby release, waive, discharge, and covenant not to sue PHR, its employees, agents, directors, officers or any affiliated entities thereof, FROM ALL LIABILITY TO THE UNDERSIGNED, my personal representative, assigns, heirs, next of kin, guests and/or invitees FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN MY DEATH OR ANYONE ELSE (INCLUDING OTHER ANIMALS) ARISING OUT OF OR RELATED OT THE FOSTERING OF AN ANIMAL FROM PHR.

Hereby agree to indemnify and save and hold harmless PHR, its employees, agents, directors, officers or any affiliated entities thereof, from ANY LOSS, LIABILITY, DAMAGE, OR COST INCLUDING BODILY INJURY TO PERSONS OR OTHER ANIMALS OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE FOSTERING OF AN ANIMAL FROM PHR.

HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE (INCLUDING INJURY AND/OR DAMAGE TO OTHER ANIMALS), ARISING OUT OF OR RELATED TO THE FOSTERING OF AN ANIMAL FROM PHR.

Hereby agree that this Agreement extends to all acts of negligence by PHR, its employees, agents, directors, officers, or any affiliated entities thereof, and is intended to be as broad and inclusive as is permitted by the laws of Washington State.

Miscellaneous

Governing Law. The validity, performance, construction, interpretation, and effect of this Agreement shall be governed by and construed in accordance with the laws of Washington State. 

Integration; Amendment. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces any and all prior written or oral agreements regarding the subject matter of this Agreement. This Agreement may not be amended or modified except by writing, signed by both parties.

Severability. Should any provision of this Agreement be found to be illegal or unenforceable, the other provisions shall nevertheless remain effective and shall remain enforceable to the greatest extent permitted by law.

Counterparts. This Agreement may be executed online with the electronic signature deemed the same as an original signature. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or .pdf shall be effective as delivery of a mutually executed counterpart to this Agreement.

Mediation and Arbitration. The Parties agree that any dispute, claim or controversy arising out of or relating to this Agreement, or the breach, enforcement, interpretation or validity thereof, shall be submitted for mediation, or in the alternative binding arbitration in Spokane County, Washington before one arbitrator. The arbitration shall be administered pursuant to the Arbitration Rules and Procedures. Judgment on any award rendered in such arbitration proceeding may be entered in any court having jurisdiction thereof. The prevailing Parties in any such arbitration proceeding shall be entitled to reimbursement for reasonable expenses incurred therein, including but not limited to, actual attorney's fees. 

Indemnification and Attorneys’ Fees.  In the event that any action, cross-action, suit, arbitration, or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, the prevailing party shall recover all of such party’s reasonable attorneys’ fees and costs, including any and all enforcement proceedings, appeals or petitions, and shall be fully indemnified for all loss, damages, or injury caused by the non-prevailing party’s breach of this Agreement. 

I HAVE READ THIS FOSTERING AGREEMENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GURANTEE BEING MADE TO ME AND INTEND BY MY SIGNATURE (WHETHER ELECTRONIC OR WRITTEN) TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.