These terms and conditions set out the entire agreement between you and Perth Rescue Angels Inc. (PRA) in respect of any animal that PRA may provide you to foster under this agreement (foster pet). A reference to a clause is a reference to a clause in these terms and conditions.
1. Refusal of foster. Your completion and submission of this form to PRA does not entitle you to foster any animal(s) from PRA. Your form will be processed by PRA and in its absolute discretion, PRA may provide you with an animal(s) to foster.
2. Ownership. Each foster pet is and will remain for at least the period of time you may be fostering that foster pet, the sole property of PRA. Subject to any further written agreement with PRA, you have no proprietary interest in any foster pet.
3. Possession. You will not transfer the care of any foster pet or otherwise part with possession of any foster pet without the prior written consent of PRA.
4. Care. For the period of time you may be fostering a foster pet you will provide a safe, secure and caring environment for the foster pet, and will do all things reasonably necessary to ensure the health and well being of the foster pet including without limitation the following:
(a) care for the foster pet as an “inside” pet and not as an outside kennelled pet;
(b) at the request of PRA, transport the foster pet to the veterinary practice specified by PRA for any procedure, treatment or check-up; all amounts invoiced by the veterinary practice in respect of your satisfaction of this clause 4(b) will be satisfied directly by PRA except to the extent the procedure, treatment or check-up is required due to your negligent or wilful act or to the extent the foster pet is taken to a veterinary clinic different to that specified by PRA without prior consent of PRA;
(c) ensure the foster pet has a collar on at all times and that your contact details are included on the collar; PRA will provide a collar and ID tag for the foster pet within a reasonable time upon request;
(d) when walking the foster pet, ensure it is on a leash at all times;
(e) ensure that the place(s) of residence of the foster pet are clean and tidy to ensure the health and wellbeing of the foster pet.
5. Quarantine of cats and kittens. You will quarantine any foster cats and kittens in a room separate to all other animals for 7 days upon their arrival in your care, or such longer period as specified by PRA. If you do not so quarantine a foster cat or kitten, then without limitation to clause 15, PRA will not be liable for any loss you may incur as a direct or indirect result of the spread of any infection from that foster cat or kitten.
6. Reporting. If any foster pet suffers any injury, contracts any disease or is lost or stolen you will as soon as reasonably practicable report the matter to PRA which in its absolute discretion will determine the appropriate response, which may include directing you to transport the foster pet to any veterinary practice in accordance with clause 4.
7. Involuntary return. If requested by PRA you must return any foster pet to PRA on 48 hours’ notice.
8. Forcible return. If PRA considers on reasonable grounds that you have not, are not, or are reasonably likely to not in the future, comply with this agreement, PRA may at any time use appropriate force to enter your property and remove any foster pet from you care.
9. Voluntary return. If for any reason you do not want to continue to foster any foster pet, you must return that foster pet to PRA. For the avoidance of doubt, you may not allow any third party to care for the foster pet. If you return a foster pet to PRA, you acknowledge that it may take at least one week to re-foster that foster pet. If you give less than one week’s notice of the return of the foster pet, you agree to indemnify PRA against all costs and expenses relating to any time spent by the foster pet at any boarding kennel for an aggregate period of up to one week.
10. Viewing of foster pet. If requested by PRA, you will permit PRA and any person authorised by PRA who may be accompanying PRA, to inspect any foster pet at any reasonable times.
11. Property check. You will permit PRA to inspect your property at any reasonable times, including your fence and yard, and all other parts of your property in which any foster pet(s) will be or are at the time of the inspection living.
12. Adoption. If you want to adopt any foster pet you must apply to do so by completing and signing the Adoption Application Form which is available on request from PRA. However, your completion and submission of the Adoption Application Form does not entitle you to adopt any animal(s) from PRA. Your application will be processed by PRA and in its absolute discretion, PRA may provide you with animal(s) to adopt. In making its decision, PRA will take into consideration your position as foster carer for any foster pet.
13. Foster pet profile. A foster pet may at any time be deemed by PRA in its absolute discretion, to be “adoptable”. Within 7 days after you have been advised by PRA that a foster pet is “adoptable”, you must provide a profile for that foster pet that describes the attributes of the foster pet including without limitation:
(b) nature – for example, describe whether the foster pet is confident or shy, boisterous or reserved;
(c) companions – explain how well the foster pet interacts with other pets, children, and men and women;
(d) likes/dislikes – explain particular quirks that make the foster pet unique, such as if it particularly likes a kind of food, a scratch behind its ear, or a particular place to sleep; and
(e) photos – some photos of the foster pet including at least one that is suitable for use as a profile picture.
14. Temperament and health. Any foster pet may have been previously unwanted or lost, or otherwise been subject to a dangerous or unhealthy environment that may have had a long-lasting effect on the foster pet. PRA makes no representations or warranties as to the temperament, health or other characteristic of any foster pet.
15. Release. You unconditionally release and forever discharge PRA from all actions, demands, liabilities, proceedings, claims, losses, damages, compensation, charges, costs and expenses of any kind, howsoever arising, whether in contract, tort, equity or under any other principle of law or statute, in respect of any matter howsoever arising concerning or relating in any way to any foster pet, other than a claim arising from a breach of this agreement (Claims) you may now have or but for this agreement at any time in the future may have had directly or indirectly against PRA, whether such Claims are known, unknown or incapable of being known at the date of this agreement.
16. Bar to action. You will not sue or take any action whatsoever against PRA, in respect of any matter howsoever arising concerning or relating in any way to any foster pet, other than a claim arising from a breach of this agreement. PRA may plead this agreement in bar to any claim brought against it by you or any person on your behalf.
17. Indemnity. To the extent permitted by law, from the date that any foster pet is collected by you from PRA, you indemnify PRA against all liability, including a liability for consequential or indirect loss, economic loss or loss of profits, whether present or future, fixed or unascertained or actual or contingent, that may arise directly or indirectly from any of your actions or omissions to act in respect of any foster pet, any act of any foster pet, any false information or misrepresentations that you may have submitted on this form or otherwise to PRA, any infectious disease that any foster pet may at any time have, and any breach by you of this agreement (Liability), except that this indemnity applies only to the extent that PRA is not entitled to be indemnified under another indemnity or is entitled to be indemnified but is not indemnified under another indemnity, including an indemnity in any insurance policy. To the extent that a Liability is satisfied by a person other than you, PRA will, within a reasonable time, repay you the amount referrable to that satisfaction. The indemnity in this paragraph extends to, without limitation, Liability relating to the following matters:
(a) any attempt by you to make direct arrangements for adoption of any foster pet with the original owners of that foster pet;
(b) excessive barking and droppings;
(c) failure to return the foster pet to PRA in accordance with clause 7 or 8 above;
(d) damage to the property or person of any third party; and
(e) injury to or loss of the foster pet.
18. Termination. If at any time the possession of the foster pet reverts to PRA, other than in respect of any obligations that have until that time accrued, this agreement is terminated.
19. Accuracy of information given. You warrant that the information you have provided in this form is accurate to the best of your knowledge and belief.
20. Applicable law. The law of Western Australia governs this agreement.
21. Severance. If a provision of this agreement is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of this agreement. The remaining provisions of this agreement remain in full force and effect.
22. Variation. Any variation to this agreement must be in writing and signed by both parties.
Please write your signature or type your full name into a space below. By writing your signature or by typing your full name in the space below, as applicable, you acknowledge that you understand and agree with the terms and conditions set out in this document.