9. CHANGE OF ADOPTER'S ADDRESS: The Adopter agrees to notify IMPS no less than ten (10) business days prior to change of address, of a change in address of the Adopter and/or a change of environment that will affect the dog. Adopter agrees to permit a home visit at the new address of residence by an IMPS representative if a change of address occurs.
10. COMPLAINTS AND/OR ANIMAL CONTROL ACTIONS: Adopter agrees to notify IMPS in writing within five (5) business days after any incident involving animal control and/or citizen complaints concerning the dog.
11. DEATH OF ADOPTER: Adopter(s) understands and agrees that upon the upon the death of the last surviving Adopter, all of the Adopters interest reverts to IMPS, and that Adopter possesses no interest in the dog which can be transferred, devised, or bequeathed, and that any attempt to do so shall be deemed a fraudulent and void transfer of the dog. Adopter agrees to give a copy of this contract along with explicit instructions and complete understanding to a person outside of the immediate Adopter(s) family residing in the household with the Adopter(s) and any siblings, spouses, issue, friends or renters, who will maintain responsibility for the dog in the event of the death of the last surviving Adopter. Adopter agrees to instruct this representative to contact IMPS by calling 1-877-MINPIN1 AND by writing to IMPS, Inc., P.O. Box 176, Pinellas Park, FL 33780 upon the death or anticipated imminent death of the last surviving Adopter. Adopter agrees that said representative shall be instructed to, and shall have all necessary legal authority to, take possession of the dog and surrender the dog to a representative designated by IMPS. Said representative shall be entitled to apply to adopt said dog under procedures, terms, and conditions available to members of the public, but shall have no entitlement to adoption of the dog.
Likewise, in the event of the death, disability, or unwillingness to perform hereunder of Adopter's representative, the Adopter agrees to designate another representative outside the home to who is willing and able to perform the duties required under this paragraph. Adopter agrees that adopter's estate shall be responsible for all costs incurred in returning said dog to IMPS.
12. DISPOSITION OF DOG: Adopter further agrees to desist from giving, adopting, loaning, fostering, selling, trading, swapping, abandoning, surrendering or otherwise disposing of or destroying the dog in any manner whatsoever or to any entity whatsoever, unless the dog suffers a catastrophic injury AND Adopter produces a written statement by a licensed veterinarian that he/she had examined the dog and euthanasia was immediately required to prevent unrelievable suffering. If the dog becomes lost, seriously injured, and/or permanently disfigured, or for any reason the dog dies, IMPS must be notified in writing within five (5) business days. Notification of IMPS shall to include all veterinarian, animal control, legal and/or other documentation.
13. FORFEITURE: Any breach by Adopter of this contract shall, at the sole discretion of IMPS, constitute immediate forfeiture by the Adopter of any and all of the Adopter's interest, and/or the interest of Adopter's successors, heirs, or assigns, in or to the dog. Adopter agrees to transport the dog to the representative authorized by IMPS to receive the dog and/or consents to entry by an IMPS representative onto any premises where the dog may be found upon reasonable notice at any reasonable time to effectuate recovery of the dog. The Adopter agrees to return the dog to IMPS upon demand.
Adopter understands and agrees that there will be no refund of any donation made to IMPS in the event of the return to or recovery by IMPS of a forfeited dog. Failure by IMPS to assert its rights under this provision shall not constitute a waiver by IMPS of said rights.
Please note any check returned to IMPS for insufficient funds is considered to be a breach of contract and will be turned over to a Recovery Representative for collection.
14. LIQUIDATED DAMAGES: Adopter acknowledges that IMPS has invested substantial monies, both specifically allocable to this dog and otherwise, and agrees that a requirement of a specific accounting for the costs incurred for the purpose of rescuing, fostering, and rehabilitating, and if necessary, recovering, the dog would be onerous.
Adopter therefore agrees that if the Adopter fails to return the dog to IMPS upon demand, Adopter shall pay to Internet Miniature Pinscher Service, Inc. liquidated damages in the amount of five hundred dollars ($500.00). Said liquidated damages shall be paid to IMPS whether or not IMPS is able to recover the dog through other channels. Adopter further agrees to reimburse IMPS for necessary costs and attorneys fees expended to recover the dog, as well as the aforesaid liquidated damages, if the dog is disposed of in any manner by Adopter, or is not returned to IMPS by Adopter upon demand pursuant to paragraph 13 of this contract.
15. COSTS AND EXPENSES: Adopter agrees that any and all costs, expenses and/or attorneys fees incurred by IMPS to enforce this agreement and/or to recover the dog from Adopter because of Adopter's failure to comply with any term of this agreement shall be paid by Adopter. Adopter agrees that IMPS is not responsible for any such costs or expenses of Adopter.
16. NOTIFICATION: Any written notification by Adopter required by this contract shall be made by United States mail; postage prepaid, to IMPS, Inc., P.O. Box 176, Pinellas Park, FL 33780. Any telephonic notification by Adopter required by this contract shall be made by calling 1-877-MINPIN1 and leaving an explicit message regarding the reason for the call. Written or oral notifications shall include the dogs name as reflected on this contract, as amended, the dogs current IMPS tag number, and the Adopters name and address. If the Adopter does not receive a response to a telephonic notification from an IMPS representative within three (3) calendar days, the Adopter shall make a written notification in the manner set forth in this paragraph.
17. OBEDIENCE TRAINING AGREEMENT: This dog (IMPS representative check one and
initial) _______IS ________IS NOT
subject to this provision.
The Adopter agrees to enroll the dog in and diligently attend with the dog an obedience class within six (6) months of the date of this contract. The Adopter agrees to participate in the classes with the dog. Satisfaction of this clause requires completion of the obedience course by the Adopter and the dog. A certificate reflecting the dog's satisfactory completion of the course shall be provided to IMPS at P.O. Box 176, Pinellas Park, FL 33780 within ten (10) business days after completion of the course. The dog's residence and domicile shall be the Adopters home at all times. Puppies shall not attend obedience class until all required DA2PP vaccinations have been administered.