Sample Agreement between Owner and Foster Caregiver

Annotation and comments by the Foster Pet Project

The Original Agreement ‘Foster Care Agreement Between Pet Owner and Friend’  is available for download as a PDF file from http://files.hsus.org/web-files/PDF/foster_agreement.pdf

As the Humane Society points out in the sample form. It should be tailored to meet the needs of the owner, foster caregiver, and an associate if warranted. Arrangements like these are neither divinely ordained nor carved in stone. The owner and foster caregiver are again encouraged to work out arrangements that meet their unique requirements.

Foster Care Agreement Between Pet Owner and Friend The American Society for the Prevention of Cruelty to Animals provides this form as a sample. If you plan to use this sample form, we strongly suggests that you review it carefully and have it reviewed by your attorney before using it.

The Foster Pet Project recommends including an associate, someone who will represent the interests of the owner in the owner’s absence. The associate might look in on the animal from time to time or agree to take responsibility for the animal should the owners die or fail to retrieve the animal as agreed. Their responsibility should be part of the agreement and they should sign it along with the foster parent and owner.

Date, owner name

This agreement made this day of, 200 by and between (hereinafter called "Owner"), and (hereinafter called "Caregiver"). Owner is the owner of the animal described below:

Describe the animal perhaps include a photograph.

Animal Name: Species: Breed: Male: Neutered? Yes No Female: Spayed? Yes No Description (color, special markings, etc.):

Reason for placing the animal into foster care. This Agreement is intended for people in the military but any agreement should explain the reason for placing the animal into foster care. Reasonable adjustments in the Agreement need to be made for, people incapacitated by injury or disease, people leaving abusive partners, people displaced by disasters, and any other reasonable disruption of their normal lives. The Foster Pet Project is not for people going on vacation. It is intended only for people undergoing a traumatic event forcing the separation of an owner from their pet.

Owner is or will soon be actively serving in the United States Armed Forces; and Owner desires the Caregiver to hold said animal for Owner in Owner's absence in the armed forces until his return from serving.

Limits on the duration of foster care.

Owner recognizes that the Caregiver cannot hold said animal for Owner for an indefinite period of time. In consideration of the premises and the covenants herein contained, it is agreed between the Caregiver and Owner as follows:

Owner leaves the animal in foster care.

Owner hereby delivers to and deposits with the Caregiver said animal.

Return of the animal. Remember this Agreement was designed for Military people being deployed. People going into the hospital, for example, will need to modify this section to meet their individual needs.

Upon the Owner's return to the area, the Caregiver will return the animal to Owner, which will be accomplished as soon as is practical.

The Agreement should explain not only the expected duration and consequences of not accepting return of the animal as agreed. The Agreement should also dictate the mechanism for shortening the period of agreement should the opportunity offer itself to do so.

Due to the unknown duration of duty, and the need of the Caregiver to know when the foster arrangement will be concluded, Owner agrees that the Caregiver will not be responsible for keeping the animal any longer than twelve (12) months from the date of this Agreement; further if Owner does not return to the area and accept return of the animal within said twelve (12) month period or if Owner states in writing to the Caregiver that he no longer desires return of said animal, then Owner relinquishes any claim, right, title, or interest in said animal; and the said animal becomes the property of the Caregiver and the Caregiver may exercise complete discretion as to what to do with the animal.

Should the foster caregiver’s circumstances change and they are unable to care for the animal for the entire period the agreement should address what action they should take? What if the owner dies?

Conditions for extending the agreement

Owner may extend the twelve (12) month period stated above if Owner gives written notice to the Caregiver at least thirty (30) days before the end of said twelve (12) month period that he wants to extend for up to an additional (12) months the duration of his foster care agreement. If Owner does so, then this Agreement will continue for the additional time which Owner requests in writing up to but no longer than an additional twelve (12) months.

Condition of caring for the animals appearance

Caregiver agrees not to alter in any way the appearance of the animal being fostered without written permission of the Owner. This includes de-clawing and cropping of ears or tails.

If the owner obtained the animal for breeding purposed then breeding rights, stud fees paid or earned, and ownership of offspring need to be addressed in the agreement. Will the animal be included in shows? Who pays related expenses?

Conditions for caring for the animals needs

Caregiver agrees to provide adequate food, water, shelter, and humane treatment for said animal at all times. In addition, Caregiver agrees to adhere to all state and local animal laws

Special instructions (really should be part of the agreement)

Foster Caregiver agrees to follow all oral and/or written additional instructions from the Owner.

Should the animal die or become ill or injured

If said animal dies or becomes accidentally injured, ill, or lost, Owner does not hold the Caregiver responsible and releases the Caregiver from any claim arising from said injury. In addition, if said animal bites or injures any human or other animal, Owner will hold harmless and indemnify, and protect the Caregiver, from any claim or suit filed by anyone as a result of such an incident. The Caregiver reserves the right to seek veterinary care without approval by the Owner.

Who pays for medical care and setting limits for medical care?

The pet Owner acknowledges that should medical care and attention for the animal be warranted, the Owner authorizes up to $ to be provided to cover the cost for care.

Permission to euthanize the animal the cost of medical care exceeds the limits agreed on. Perhaps a procedure for extending the limits might be a good idea and could be added.

If care exceeds this amount, the Caregiver reserves the right to euthanize the animal. In addition, the Caregiver reserves the right to euthanize the animal should a veterinarian deem the animal's health to be so impaired that to sustain the animal would be inhumane.

This Agreement does not describe who is financially responsible for the cost of food, treats, and other supplies. It is suggested that the owner and foster caregiver agree on how these expenses should be handled.

Where the pet will be cared for? The owner and foster caregiver have a number of options. The pet might live with the foster caregiver or in the owner’s home. For someone living in a hospice they might decide to arrange to bring the animal to visit with the owner in the hospice.

Legal stuff

This Agreement is the entire agreement of the parties, and there are no oral promises or representations made in addition to this contract and it may only be changed in a writing signed by both the Caregiver and Owner.

Place to sign, the date, and Name and address of all the people who agree to subject themselves to the obligations of this agreement. They include, as a minimum the owner, foster caregiver, and any associates.