Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

truth2power

(8,219 posts)
64. I’m going to try to clarify some things.
Tue Nov 18, 2014, 06:49 PM
Nov 2014

First of all: some context.

The deal breaker in the adoption application was that I questioned and expressed my disagreement with the requirement that I would have to supervise the dog, at all times, while he was in my own fenced-in back yard. It was made clear to me that it was unacceptable for me to go across the street to my neighbor’s or even, mon Dieu!, run up to the grocery while my dog was outside. I cannot abide someone micro-managing mine, or my dog’s life.

Background:

I live in a modest, 3 bedroom home, in a neighborhood, in a low-crime community. My home is clean. I have no carpeting, white or otherwise, anywhere in the house. My floors are wood-grain laminate, throughout, except in the kitchen where I have tile. I have no basement, regrettably. I have lived in this same home longer than God.

I have an attached garage with a back door that opens onto a fairly large fenced back yard. There are trees in my back yard (too many, actually; there is not enough sunlight to grow flowers successfully).

I have always had pets (cats and dogs) my entire adult life. I had to have my dog, (Shepherd/Chow) euthanized this past summer. He would have been 15 years old this month. He had hip dysplasia and arthritis. With the help of medication and a fantastic vet, I was able to keep him mobile for about a year and a half after he was diagnosed, but he eventually couldn’t get around at all. I miss him terribly.

His best buddy, who passed on in 2011, at age 10, was my Cane Corso mix, 120 pounds, whom I inherited in my son’s divorce. He loved being in the back yard and he never tried to jump the fence. He died of bloat, which is quite common in very large dogs with deep chests. It was a tragedy, the circumstances of which I don’t care to go into at this time and place. There will never be another dog like him.

I currently have a Siamese cat who showed up in my back yard about 9 years ago. He is spoiled and thinks he owns the place. I can trim his claws with no complaint from him. He sleeps with me.

Well…….so much for my unsuitability as a pet owner, as some in this thread have implied, or stated outright. Thank you for leaping to conclusions.

* * * * * *

So, to get to why I started this thread in the first place….

After my encounter with the adoption coordinator, I came home. It wasn’t until the following day that I took another look at the contract. At that time I felt compelled to do some further research and I found the link which I included in my OP. I’d be willing to bet that almost no one in this thread even looked at the document in that link, which explains the issue better than I ever could.

Here’s the paragraph, in its entirety, from the contract:

“That the adopter hereby accepts possession, legal guardianship and responsibility for the animal referenced in this contract and discharges XX rescue forever from liability for any injury or damage to any person or property caused in the future by said animal, and from any causes of action, claims, suits, or demands whatsoever that may arise as a result of such injury or damages.”


Comment: Guardianship has a specific legal definition. According to my understanding, if you are the guardian you are not the owner. And yet the rescue organization that will still own the dog absolves themselves, “forever” from any liability for the animal. I guess this is legal. Are there any lawyers here who would like to weigh in? In any case, it seems like the adopter is getting the short end of the stick.

At one point in my conversation with the adoption coordinator she stated that we don’t want “our” dog to get lost. At the time I thought that was odd. Once the dog is adopted it’s no longer “their” dog. But I was wrong.

So, you say you don’t care what you are called, and all these conditions are simply trivialities. Well, how about this:

“The adopter agrees that XX rescue shall have the right of immediate possession of the animal if, in the judgment of XX rescue the animal is receiving inadequate care, is being improperly housed or handled or.. < balance refers to spay/neuter>.

Or this: “The adopter agrees to pay XX rescue the sum of $300.00 as liquidated damages in the event that the terms of the contract are breached…” The rest of the paragraph refers to the adopter being responsible for atty. fees and court costs in the event of legal action.

Lastly – Anyone who binds him or herself to a contract, thinking that certain terms of said contract are irrelevant or will never be imposed etc. is fooling themselves. In My Humble Opinion.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Kudos for going to shelter, but I really think you are over-analyzing the contract. Hoyt Nov 2014 #1
I agree. femmocrat Nov 2014 #3
Agreed. Examples of rescue groups reclaiming animals? FSogol Nov 2014 #24
I'm a volunteer at our local no-kill shelter YarnAddict Nov 2014 #36
Thanks. I suspected that the clause was for cases of abuse/neglect. n/t FSogol Nov 2014 #40
The "supervised in yard" allows them to retrieve neglected dogs who are left out 24/7 Warpy Nov 2014 #26
I agree...and I think that GC for this organization is over-reacting... joeybee12 Nov 2014 #38
It would be nice if homeless children received such concern. eom PDJane Nov 2014 #2
What's your point? nt LiberalElite Nov 2014 #8
Oh yeah, adopting a kid is a breeze compared to going to the animal shelter. LeftyMom Nov 2014 #9
Gevalt. I would like homeless children be given a home, comfort, concern, PDJane Nov 2014 #12
You're hijacking a thread that has nothing to do with that issue. LeftyMom Nov 2014 #16
Now, Speaking of Threadjacking . . . ProfessorGAC Nov 2014 #29
An innocent statement, blown out of proportion Trajan Nov 2014 #28
the meanest place on earth? ROFLMAO snooper2 Nov 2014 #44
Disagree. grntuscarora Nov 2014 #4
Awww, the baby needs you n/t UTUSN Nov 2014 #5
Different places have different wording, standards and indeed the most restrictive do assume they uppityperson Nov 2014 #6
I'm sorry - I am happy to be my rescued fur baby's guardian, caretaker and owner. I don't care jillan Nov 2014 #7
+1 ~nt RiverLover Nov 2014 #14
Municipalities and advocacy groups increasingly avoid "owner" because an animal is not a thing. LeftyMom Nov 2014 #10
That Being Said . . . ProfessorGAC Nov 2014 #50
+1000...When you bring "owner" into the conversation Blue_Tires Nov 2014 #57
And if you sign it and don't do those things...then what? Egnever Nov 2014 #11
I adopted two deaf dogs. Laffy Kat Nov 2014 #13
You are awesome!! jillan Nov 2014 #15
Aww shucks; but, no. Laffy Kat Nov 2014 #23
Don't worry about the fine print. It's just regulations. elias49 Nov 2014 #17
NKS (no kill shelter) worker here. The dogs are "chipped" before adoption and contain our ID. lamp_shade Nov 2014 #18
Some shelters have some pretty scum bag agreements. LostInAnomie Nov 2014 #19
What about apartment dwellers? PasadenaTrudy Nov 2014 #48
They were ok. LostInAnomie Nov 2014 #61
Many years ago... sendero Nov 2014 #20
We went through the same thing Betty88 Nov 2014 #33
told ya so yourpicturehere Nov 2014 #21
A pet *should* be like a child and not be "owned". It is a living being, not a piece of furniture. moriah Nov 2014 #43
Thank you, thank you. You come closest to getting it. n/t truth2power Nov 2014 #49
Woof woof! KamaAina Nov 2014 #60
This message was self-deleted by its author OwnedByCats Nov 2014 #22
We've always ignored the "agreement" to not let our cats into the back yard... brooklynite Nov 2014 #25
Our rescue dog will not let us even stand at the door while she goes outside liberal N proud Nov 2014 #27
I wouldn't agree to it gwheezie Nov 2014 #30
In this case, the dog would NEVER be yours. THAT is the crux. I've tried to explain... truth2power Nov 2014 #46
They want to make sure the dog is treated well, and doesn't wind up back in the shelter bhikkhu Nov 2014 #31
Sorry, but shelters go way overboard here Recursion Nov 2014 #32
Thank you. n/t truth2power Nov 2014 #47
I just think the shelter is trying to idiot-proof their adoption paperwork Blue_Tires Nov 2014 #58
I think all contracts should be arranged to protect the party with the least power in the deal Bluenorthwest Nov 2014 #34
+1 grntuscarora Nov 2014 #35
Don't worry about the contract YarnAddict Nov 2014 #37
+1 Blue_Tires Nov 2014 #53
I've signed that contract several times. Jokerman Nov 2014 #39
Is there any enforcement for this? Arugula Latte Nov 2014 #41
Drop by? yes. I would have no problem with that. But for 10-15 years?.. truth2power Nov 2014 #42
I hope this doesn't stop you from choosing a rescued pet. hamsterjill Nov 2014 #45
The last time I adopted at a shelter Hari Seldon Nov 2014 #51
I don't think dogs should be left outdoors when the owner is not home. Sunlei Nov 2014 #52
Had to sign more or less same for adopting cats HockeyMom Nov 2014 #54
Sounds like it is your first time with this LordGlenconner Nov 2014 #55
Sounds like the agency is trying to weed out bad owners. dilby Nov 2014 #56
there are laws against animal cruelty. truth2power Nov 2014 #62
Some of these dogs have already been abused. dilby Nov 2014 #63
Exactly. WorseBeforeBetter Nov 2014 #68
Here, spend time at The Patrick Miracle and tell us again... WorseBeforeBetter Nov 2014 #67
Sign away... H. Cromwell Nov 2014 #59
I’m going to try to clarify some things. truth2power Nov 2014 #64
Pets are living beings, not furniture. moriah Nov 2014 #65
First of all, thank you, moriah, for a reasonable, polite response... truth2power Nov 2014 #66
It seems that a lot of people here are missing the point. Curmudgeoness Nov 2014 #69
Latest Discussions»General Discussion»Alert! For anyone thinkin...»Reply #64