DOG TROUBLE
FOUNDATION

1. Ownership of the Dog

The Foundation remains the legal owner of the dog until its death. The Adopter shall be the custodian and registered keeper of the dog and shall not transfer or assign any of his/her rights in the dog under this Agreement to any other person, organisation, or body, or attempt or purport to do so, without the express written permission of the Foundation. The Adopter shall not hold him/herself out as the dog’s legal owner to any person, organisation, or body, nor do any act inconsistent with the Foundation being the legal owner. In particular, the dog will not be sold, given away or otherwise released into the care of any other person, rescue or the like, except for short term purposes during holidays, illness, or for the dog to receive any veterinary care and attention.

 

2. Residence of the Dog

The Adopter hereby confirms that the dog will reside at the declared address, and the Adopter, to the best of their knowledge and belief, confirms that no person residing in the household, or who will care for the dog, or who will have significant access to the dog, is disqualified from keeping animals, or has had a Deprivation Order made under the Animal Welfare Act 2006 or has any unspent convictions for any offences relating to animals, and that no proceedings relating to any of the above are currently outstanding.

 

3. Health and Welfare of the Dog

The Adopter agrees to comply with all relevant legislation and laws concerning the welfare, control, responsible ownership, and protection of the dog, including (without limitation) the Animal Welfare Act 2006 (incl. the Codes of Practice issued with the 2006 Act) and to ensure that anyone with temporary custody or care of the dog also complies with same. The welfare needs of the dog means providing for the dog’s health and happiness, ensuring that the dog is properly housed, fed, watered, socialised, exercised, groomed, and receives appropriate veterinary care, has regular worming and flea treatment, and any other periodic care appropriate to the breed.

 

In addition, it is a condition of the adoption that, unless otherwise agreed in writing by the Foundation, you ensure the dog:

1. Is exercised 2 times a day for at least 45 minutes (age dependent);

2. Is not left for more than 4 hours;

3. Is microchip registered under your name/address and wears an ID tag;

4. Is fed a healthy raw food diet and not given food that contains colorants and additives;

5. Is titer tested annually and NOT vaccinated (we can provide information on this);

6. Is treated for worms and fleas every 3-4 months;

7. Attends and completes the Dog Trouble Training programme and any additional training sessions that the Foundation, at their sole discretion, identifies as being needed.

 

4. Leishmaniasis

Dogs that the Foundation rescues from overseas are blood tested for Leishmaniasis (a disease common in Mediterranean countries) prior to travel to the UK. It is possible that dogs that return a negative result before travel may already be infected as it can remain dormant for several years with no clinical signs or symptoms. Stress factors can cause the Leishmaniasis to become active. Dogs can be treated effectively, and Iive a happy life, with daily medication. If the rescue dog has been brough in from overseas you are advised to blood-test the dogs at least once a year for at least 2 years following the adoption. The test should be done sooner if any symptoms of Leishmaniasis are noted by the Foundation on follow-up visits or at training, or by the adopter. Cases are extremely rare, but they can occur years after travel.

 

5. Registering with a Vet

The Foundation provides a health check including Flea/Tick/Worm treatment and blood tests, where required, prior to adoption. It is a requirement of the adoption that you register your dog with a Veterinary practice within 5 days of their being homed with you.

 

6. Veterinary Treatment

The Foundation confirms that if a qualified veterinary surgeon advises that the dog requires treatment, or in the case of severe illness or injury, that the dog must be put to sleep to prevent further suffering, the Adopter may give any necessary permissions to their veterinary surgeon on behalf of the Foundation. The Adopter must inform the Foundation should this be the case.

 

7. Microchip Registration / Insurance

The Foundation registers the rescue dog's microchip with PETtrac. Keeping the registration details up to date is a legal requirement. All dogs since 2015 (and cats in 2023) must be microchipped and have their details up to date on a compliant database, or face a fine of up to £500. It is essential that PETtrac is informed of any change in contact details and that your dog wears an identification tag and collar. Under the Microchipping of Dogs (England) Regulations legislation, the person who cares for the dog and keeps them in their home is called a ‘keeper’, not an ‘owner’. The Microchipping of Cats and Dogs (England) Regulations 2023 states that a ‘keeper’ is “the person with whom the animal [cat or dog] normally resides.” The ‘keeper’ has legal responsibility for their pet, but it does not prove legal ownership. 

 

Adopters must ensure arrangements are made to provide resources to cover veterinary fees either through a savings account or a Pet Insurance company. Should you choose not to take out pet insurance, it is a condition of adoption, that any future medical needs will not be restricted in any way due to personal finances.

 

8. Adoption Donation 

The adoption donation of £450.00 is non-refundable if the placement is unsuccessful for any reason. The adoption donation is intended to help meet the costs of the rescue dog’s care during it’s time with the Foundation prior to its adoption. It is not a purchase price, nor is the dog property. If you fail to make the full payment on or before the adoption of your dog, we reserve the right to withdraw your adoption application and reclaim custody of the dog.

 

9. Follow-up

It is a condition of any adoption that you agree to the Foundation staying in touch with you and retaining the right to carry out further visits to your home after the dog is placed, as follow-up checks. You also agree that the Foundation has the right to remove the dog from your care if circumstances have changed to the extent that they no longer meet our rehoming criteria and as such, would fail any future follow-up home checks.

 

10. Right to Terminate the Agreement

The Foundation may terminate this Agreement and repossess the dog at any time if the Foundation believe (in their sole and absolute discretion) that the dog has been mistreated or neglected in any way, or if the Adopter has breached this Agreement. The Adopter understands and hereby agrees that in these circumstances they will have no right or claim to a return of the adoption donation or any part thereof.

 

11. Return of the Dog

If the Adopter is unable or unwilling at any time to continue the adoption, he/she will notify the Foundation immediately and return the dog to us by prior mutual arrangement. Where a dog is surrendered back into the care of the Foundation, the Adopter hereby understands and agrees there will be no automatic right to a reimbursement of the adoption donation, or any part thereof, unless expressly agreed by the Foundation in their absolute discretion, having regard to all the circumstances of the individual case.

 

12. Adopter’s Responsibilities

The Animal Welfare Act 2006 places a duty of care on the keeper to ensure the dog’s physical and mental welfare needs are met. The Adopter will be responsible for the custody, care, and control of the dog from the date of this adoption as well as ALL actions, consequences, costs, and liabilities relating to such custody, care, and control. This includes, without limitation, arranging and paying for any veterinary treatment which the dog may require, unless there is a known medical condition for which the Foundation have agreed in writing to pay veterinary fees. 

 

The Adopter is reminded (as keeper of the rescue dog) of possible liability for damage and/or injury which may be caused to third parties and/or their property. In particular, liability may arise under the Animals Act 1971. As keeper of the dog, the possibility of an action for nuisance against the Adopter, because of the dog’s behaviour, should also be recognised.

 

13. Missing/Lost Dog

The Adopter agrees that they WILL NOT let the dog off lead until they have established a solid recall that the dog understands. This condition applies irrespective of whether or not you use any form of tracker collar. The Foundation must be advised as soon as possible of any missing dog. In the unfortunate event that a dog does escape and/or bolts and a recall fails, and the dog becomes lost for any period, the Foundation reserve the right to seek a monetary contribution from the Adopter for any costs it may incur for the recovery/re-capture of the dog.

 

14. Children and the Dog

The Adopter has been made aware of the safety advice concerning rehoming a dog, and, with reference to children living in, and visiting the house. The Adopter has read the guidance on children in the Adoption FAQs, understood, and will abide by, the instructions outlined to them by the Home Checker.

 

15. Neutering / Castration

Unless otherwise agreed with the Foundation, the Adopter agrees that should the dog be ‘entire’, that they will take the responsibility to have him or her neutered or spayed at their own cost, and at the earliest opportunity depending on the dog’s age and medical condition, and with the agreement of a registered veterinary surgeon. Furthermore, the Adopter agrees to provide to the Foundation, on demand, verification of the procedure from the Veterinary Practice. The Foundation may require access to the dog to monitor their recovery.

 

16. Change of Circumstances

The Adopter must immediately notify the Foundation of any change to the address and/or telephone number provided in the Adoption Agreement. Any change in home circumstances that may affect the wellbeing of the adopted dog, as determined by the Foundation, from those existing at the time of the home check must also be notified. The circumstances may include, but not exclusively, moving house; separation or divorce; new child, partner, or pets; health issues of the adopters or dog.

 

17. Restrictions on Use of the Dog

The Adopter shall not UNDER ANY CIRCUMSTANCES use the dog or allow the dog to be used by another in any form of breeding programme; for research of any kind; for dog fighting or in any way which could be construed as for the purpose of financial gain – whether directly or indirectly. Except in the case of Film, TV and/or Advertising shoots, and/or any Foundation event or promotion where the dog may be used for raising funds and awareness. The Adopter must seek approval from the Foundation first on these two exceptions; all other terms and conditions of this Agreement will still apply during these events.

 

18. Ongoing Visits

The Adopter will allow a representative of the Foundation to make regular visits to the Adopter’s home at mutually agreed dates and times to check the dog’s welfare and wellbeing.

 

19. Information about the Dog

The Foundation has disclosed to the Adopter all relevant information that it has about the dog. This will include any pertinent information provided by the previous owner/fosterer (where applicable), and any further observations made by the team at the Foundation. For the avoidance of doubt, any information concerning the habits, temperament, the history of the dog, or whether the dog maybe ok with cats or other animals residing with the Adopter, is passed on by the Foundation to the Adopter in utmost good faith. This information will have been provided at the outset to assist with the adoption process and successful adoption of the dog. We draw your attention to the fact that this information may well NOT be exhaustive, and therefore the Foundation cannot guarantee that this information is 100% accurate, correct, or complete, this is despite every effort being made by the Foundation to ascertain the full facts about the dog. The Foundation cannot guarantee the dog’s exact age/dob.

 

20. Pedigree Form / Registration Certificate

Any Pedigree Form and/or Registration Certificate associated with the Dog shall remain the property of the Foundation.

 

21. Claims, Liabilities, Costs

Subject to Clause 24, the Adopter indemnifies and shall hold the Foundation harmless from all claims and against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of revenue, loss of reputation and allinterest, penalties, regulatory fines, legal costs and other reasonable professional costs and expenses) suffered or incurred by the Foundation arising out of or in connection with:

a. any breach of this Agreement by the Adopter; and/or

b. the Adopter’s negligent acts or omissions or breach of statutory duty.

 

22. Emergencies and/ or official proceedings

In the event of:

a. an emergency; and/or

b. the dog or Adopter(s) being involved in ANY criminal or civil proceedings; and/or

c. the Police, RSPCA, local council, or any other public authority or official, conducts or commences ANY form of investigation or enquiry concerning the Adopter(s) in relation to the dog or any other animal, 

it is a condition of this Agreement that the Foundation are contacted IMMEDIATELY using the following telephone number: 0118 979 1214.

 

23. Liability

Nothing in these Terms and Conditions shall exclude or limit the Foundation’s liability for:

a. fraud, or fraudulent misrepresentation;

b. death or personal injury caused by its negligence;

c. any other liability to the extent that the same may not be excluded or limited by law.

 

24. Maximum Aggregate Liability

Without prejudice to Clause 24, the Foundation’s maximum aggregate liability to the Adopter under or in connection with this Agreement whether arising in contract, tort (including, without limitation, negligence) restitution or otherwise, shall in no event exceed the lesser of:

a. The amount of the donation made by the Adopter in consideration of this Agreement; or

b. Seven Hundred and Fifty Pounds (£750.00)

 

25. Exclusions

Save as expressly provided in Clause 23, all conditions, warranties, representations, and terms, express or implied (whether by statute, common law or otherwise) in relation to the dog or this Agreement are hereby expressly excluded to the fullest extent permitted at law.

 

26. Period of the Agreement

This Agreement is valid from the date of adoption until the dog’s death.

 

27. Governing Law

This Agreement shall be governed by and interpreted according to English law, and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

 

28. Consent to Use of Digital, Electronic Material

You acknowledge and accept that we may take photographs and/or make audio or other media recordings in which your dog/s may appear. You consent to us, and any person authorized by us, to copy or reproduce such material (whether by photo, film or other digital, electronic, or printed media, as we may in our sole discretion determine, for the purpose of marketing and promoting the Foundation without acknowledgment to you and without entitlement by you to any remuneration or compensation now or in the future. We agree not to use the material in a manner that may be deemed adverse or defamatory to you. We further agree that your personal details, including your name, will not be used in the featured material without your express consent.

 

29. Dispute Resolution

The Foundation and the adopter shall attempt to resolve any dispute arising out of, or relating to this Agreement, through negotiation. If the matter is not resolved by negotiation within 14 days of receipt of a written 'invitation to negotiate', you agree to attempt to resolve the dispute in good faith through an Alternative Dispute Resolution (ADR).

 

30. Personal Data

Personal data is held on file and passed to the relevant authorities, DEFRA and TRACES (the European Commission's online platform used to monitor the movement of live animals and animal products within the EU and between the EU and other countries) as required. All data is held in accordance with the Foundation’s Privacy Policy

 

31. Acceptance of Terms and Conditions

You acknowledge and accept that by adopting a dog from the Foundation you are bound by the Terms and Conditions of this agreement. The adoption will commence with a trial period of approximately 1 month, or longer if the Foundation, in its sole discretion, determines this to be necessary. During the trial period visits by a representative of the Foundation will be arranged and video checks will be made. Requests for photos and/or videos may be made to ensure the placement is a happy one for both the dog and you. 

 

If the adopter fails to comply with any of these Terms and Conditions the Foundation may determine that the placement is not appropriate. In such a case we will notify the adopter that we require the dog to be returned to the Foundation, and provide the reasons for the determination.