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Canadian West Highland White Terrier Club Foster Agreement

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					                                 Canadian West Highland

                                     White Terrier Club

                                      Foster Agreement



This Agreement dated the ______ day of ______________, 200__

BETWEEN:

               5283788 Manitoba Ltd, operating as Canadian West Highland White Terrier Club

                         &/or Le Club Canadien Du Terrier Blanc Du West Highland

                                         (herein called "CWHWTC")

OF THE FIRST PART

                                                  - and-

                          __________________________________________

                                          (herein called "Foster Care Giver")

OF THE SECOND PART

WHEREAS:

A.      Canadian West Highland White Terrier Club has custody of a West Highland White Terrier
described below;

and,

B.      Foster Care Giver wishes to provide a temporary foster home for the Westie on the terms and
conditions set out in this Agreement such that the Westie can be prepared for placement into a
permanent adoptive home:

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the sum of $1.00 paid by
the Foster Care Giver to Canadian West Highland White Terrier Club, the receipt and sufficiency of which
is hereby acknowledged, and in consideration of the terms and conditions set out herein Foster Care
Giver agrees to accept and Canadian West Highland White Terrier Club agrees to allow Foster Care
Giver to provide a foster home for the Westie on the following terms:

1.       Definitions:

         (a)      "Foster Care Giver" means ______________________________________________,
                  and if there is more than one Foster Care Giver, the singular of the term shall refer to
                  both such persons;

         (b)      "Westie" or "The Westie" means with the following particulars:

                   (i)    Name:_________________________________________________


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                  (ii)    Gender: ________________

                  (iii)   Registration No. (if known) ___________________________________

                  (iv)    Date of Birth or Approximate Age: _______________________________

                  (v)     Microchip # ; _________________________

         (c)      Other:____________________________________________________________

2.       Representations and Warranties:

         (a)      Title to and ownership of the Westie is and shall remain with Canadian West Highland
                  White Terrier Club;

         (b)      Canadian West Highland White Terrier Club makes no representations or warranties as
                  to the health or nature of the Westie, which is taken in by Foster Care Giver on an "as is"
                  basis;

3.       Covenants by Canadian West Highland White Terrier Club:

         (a)      Canadian West Highland White Terrier Club shall retain title to and shall have an
                  enduring interest in the health and welfare of the Westie;

         (b)      Canadian West Highland White Terrier Club shall provide the Foster Care Giver with
                  information and support, as required, on an ongoing basis, free of charge;

         (c)      Veterinary Expenses:

                   (i)    Canadian West Highland White Terrier Club shall pay for the following Veterinary
                          expenses subject to the limitations set out below:

                          (A)     an initial Veterinarian assessment of the Westie to evaluate the Westie's
                                  general health and indicate any current or potential health problems;

                          (B)     titre testing or vaccinations, as required;

                          (C)     spaying or neutering if the Westie is an entire;

                          (D)     microchip insertion, if required.

                  (ii)    Canadian West Highland White Terrier Club shall approve and pay for necessary
                          veterinary expenses including annual vaccinations provided its consent has first
                          been obtained. Foster Care Giver shall have first obtained and provided to
                          Canadian West Highland White Terrier Club a written report from the Foster Care
                          Giver's veterinarian, with details of the required procedures and cost estimates
                          for each one;

                  (iii)   Canadian West Highland White Terrier Club shall pay veterinary costs of
                          emergency visits for the Westie which are not caused by the fault or neglect of
                          Foster Care Giver;




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                  (iv)    Canadian West Highland White Terrier Club shall have no liability to Foster Care
                          Giver or the Foster Care Giver's veterinarian for veterinarian expenses incurred
                          as a result a condition or injury caused by the fault or neglect of Foster Care
                          Giver

                  (v)     Canadian West Highland White Terrier Club shall provide Foster Care Giver with
                          a Claim Form to be used by Foster Care Giver in submitting veterinary expenses
                          for reimbursement;

         (d)      Other __________________________________________________________________

4.       Covenants on by Foster Care Giver:

         (a)      Foster Care Giver shall take the Westie into Foster Care Giver's home as a house dog,
                  and provide care including food, treats, and grooming in accordance with the standards
                  of good dog ownership;

         (b)      Foster Care Giver shall make best efforts to undertake such training of the Westie,
                  including if necessary, house training and basic good manners, as to ensure that the
                  Westie is capable of adoption into a permanent home. Foster Care Giver shall work with
                  Canadian West Highland White Terrier Club to identify any health or temperament
                  issues, and shall attempt to rectify any such issues in a manner agreed to by Canadian
                  West Highland White Terrier Club so that the Westie is capable of being adopted into a
                  permanent home;

         (c)      if a suitable permanent home is found for the Westie, Foster Care Giver agrees to
                  transfer the Westie to the permanent home at the request of Canadian West Highland
                  White Terrier Club;

         (d)      Foster Care Giver agrees to retain custody of the Westie and not to sell, give, or transfer
                  custody, care and control of the Westie to any other person, aside from occasional
                  boarding arrangements, excepting transfer of custody to a permanent home arranged by
                  Canadian West Highland White Terrier Club as referred to in the immediately preceding
                  paragraph of this Contract. Should enforcement of this term require Canadian West
                  Highland White Terrier Club to resort to the Courts, Foster Care Giver agrees to pay the
                  sum of $5000 as liquidated damages and not as a penalty in relation to Canadian West
                  Highland White Terrier Club's estimated costs of enforcement, in addition to any other
                  remedy ordered by a Court of competent jurisdiction;

         (e)      Foster Care Giver acknowledges that Canadian West Highland White Terrier Club retains
                  title to and has an enduring interest in the welfare of the Westie, and therefore further
                  agrees as follows:

                   (i)    that Canadian West Highland White Terrier Club may follow up on the Westie
                          through inspection, visits, or inquiries to ensure that the terms and conditions of
                          this Agreement are complied with by the Foster Care Giver;

                  (ii)    that Canadian West Highland White Terrier Club may upon reasonable notice
                          visit the home of the Foster Care Giver so long as Foster Care Giver is taking
                          care of the Westie;

                  (iii)   that should Canadian West Highland White Terrier Club in its sole discretion
                          determine that the terms and conditions of this contract are not met, Foster Care
                          Giver agrees that Canadian West Highland White Terrier Club has the right to
                          terminate this contract and re-take custody of the Westie forthwith;



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                  (iv)    that if the Westie is lost, becomes seriously injured, or dies or if there is a
                          material change in Foster Care Giver's circumstances affecting the welfare of the
                          Westie, Foster Care Giver shall notify Canadian West Highland White Terrier
                          Club promptly of that event;

                  (v)     that if there is an incident involving Animal Control or complaint arising from
                          Foster Care Giver's custody of the Westie, Foster Care Giver shall notify
                          Canadian West Highland White Terrier Club promptly of that event.

         (f)      Should Foster Care Giver's circumstances change such that Foster Care Giver is no
                  longer able to or no longer wishes to keep the Westie, Foster Care Giver shall return the
                  Westie to Canadian West Highland White Terrier Club;

         (g)      Foster Care Giver shall provide the Westie with a suitable nylon or leather collar
                  displaying a Rabies tag, Identification tag with the Foster Care Giver's telephone number,
                  and if applicable, a Microchip tag;

         (h)      Foster Care Giver shall abide by the leash laws in effect when exercising the Westie,
                  shall ensure the Westie remains on leash in any residential area, and shall otherwise
                  maintain control over the Westie;

         (i)      Foster Care Giver to provide Canadian West Highland White Terrier Club with the name
                  of the Westie's veterinarian or clinic, and further agrees and consents to that clinic
                  providing to Canadian West Highland White Terrier Club information from time to time on
                  the Westie's health records and status;

         (j)      Foster Care Giver shall take reasonable measures to ensure that the Westie is not
                  exposed to harmful objects, poisons or living creatures which may harm the Westie. The
                  Westie shall not reside outdoors or in any type of outbuilding. If a fenced yard is available
                  for the Westie, Canadian West Highland White Terrier Club shall first approve the
                  suitability of the fencing arrangements before the Westie is allowed to use the yard. While
                  the Westie may be crated periodically, such crate shall be of suitable size, dimensions
                  and constructions so as to ensure the Westie is able to stand up, turn around, and be
                  kept safe. Foster Care Giver shall ensure that the Westie is not left alone with small
                  children unsupervised by adults. Foster Care Giver shall ensure that the Westie is never
                  treated in an inhumane manner;

         (k)      Foster Care Giver agrees that no cosmetic surgery shall be performed upon the Westie
                  without first obtaining the consent in writing of Canadian West Highland White Terrier
                  Club;

         (l)      Foster Care Giver's name, address, daytime telephone number, evening telephone
                  number, fax number (if applicable) and email address (if applicable) are set out at the end
                  of this agreement in Schedule "A". Foster Care Giver shall notify Canadian West
                  Highland White Terrier Club within 10 days of any change of address or telephone
                  number;

         (m)      Other _________________________________________________________________




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5.       Dispute Resolution:

         (a)      Should enforcement of any term of this Agreement require Canadian West Highland
                  White Terrier Club to resort to a Court of Competent jurisdiction, Foster Care Giver
                  agrees to pay the sum of $5000 as liquidated damages and not as a penalty in relation to
                  Canadian West Highland White Terrier Club's estimated costs of enforcement, in addition
                  to any other remedy ordered by a Court of competent jurisdiction;

         (b)      Foster Care Giver acknowledges that should Canadian West Highland White Terrier Club
                  resort to a Court of competent jurisdiction for resolution of disputes arising under this
                  Contract, Canadian West Highland White Terrier Club shall be entitled to seek damages,
                  costs including fees paid to counsel and disbursements;

         (c)      by mutual agreement in writing, and without any obligation to provide consent, the parties
                  may decide that any dispute arising under this Agreement be referred to a mutually
                  acceptable mediator or arbitrator for resolution, who shall first ensure that the parties
                  execute a Mediation or Arbitration Agreement setting out clearly the dispute to be
                  resolved.

6.       Release and Hold Harmless:

         (a)      Foster Care Giver hereby remises, releases and forever discharges Canadian West
                  Highland White Terrier Club and its directors, officers, agents and employees, and their
                  respective administrators, successors and assigns of and from all manner of actions,
                  causes of action, debts, accounts, covenants, contracts, claims and demands which I or
                  my heirs, executors, administrators or assigns may have as against Canadian West
                  Highland White Terrier Club arising out of or relating to my fostering of the Westie.

         (b)      Foster Care Giver shall indemnify and hold Canadian West Highland White Terrier Club
                  harmless from all claims or actions commenced by third parties arising from Foster Care
                  Giver's possession of the Westie, including without limitation to claims arising from
                  allegations of negligence in relation to the Westie. Without limiting the generality of the
                  foregoing, Foster Care Giver agrees to indemnify and hold Canadian West Highland
                  White Terrier Club harmless from claims arising from dog bites inflicted (or allegedly
                  inflicted) by the Westie, from claims arising from the escape of the Westie from Foster
                  Care Giver's premises, from claims arising from bacteria, germs, or parasites allegedly
                  transmitted by the Westie to such third parties, and from claims arising from the Westie
                  jumping upon such third parties.

7.       General Provisions:

         (a)      This Agreement is governed by and will be construed and interpreted in accordance with
                  the laws of the Province of __________________ and the laws of Canada, as applicable;

         (b)      Any provision of this Agreement which is held to be void, illegal, or unenforceable shall
                  be considered separate and severable from the remaining provisions of the Agreement
                  which shall remain in full force and effect;

         (c)      This agreement constitutes the entire Agreement between the Parties and no
                  amendment or modification of the Agreement shall be binding or effective unless
                  consented to in writing by both Parties prior to being acted upon;




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          (d)     The Parties mutually covenant each to the other that they shall from time to time
                  hereafter upon every reasonable request to do so shall make, do, execute, cause to be
                  made, done, executed and delivered all such further acts, deeds, assurances and things
                  as may be necessary in the reasonable opinion of either of them or their respective legal
                  counsel in order to implement and carry out the true intent and meaning of this
                  Agreement effectively;

          (e)     This Agreement shall enure to the benefit of and be binding upon the Parties hereto, their
                  respective heirs, executors, administrators, successors and assigns;

          (f)     This Agreement may be signed in counterparts;

          (g)     With respect to this Agreement, faxed signatures shall have the same legally binding
                  effect as original signatures.

DATED at _____________________________, Province of _________________________________,
this ____________ day of _______________________, 200__.



                                                              5283788 Manitoba Limited, operating as
                                                             Canadian West Highland White Terrier Club

                                                              &/or Le Club Canadien Du Terrier Blanc Du
                                                                            West Highland


                                                            Per:
                                                                     Name:
                                                                     Title:


Witness                                                     Per:
                                                                     Name:
                                                                     Title:
                                                                     I/We have the authority to bind the
                                                                     Canadian West Highland White
                                                                     Terrier Club


Dated at _______________________________this ______ day of ____________________, 200__.




                                                                     Foster Care Giver Name:



Witness




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Please send the completed form to:

                  By Canada Post:     CWHWTC Rescue
                                      Brigitte Dimock
                                      P.O. Box 25074
                                      Guelph, ON, N1G 4T4

                  By phone:           519-822-0308

                  By fax:             Please call before faxing.

                  By email:           rescue@canadawestieclub.ca




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