6.1. Approval and Application
6.1.1.Right to Refuse: No More Tears Animal Rescue NPC has the right to refuse the application for adoption without providing reasons to the Applicant

6.1.2. Specific Approval: If the Applicant’s application is approved, the approval relates only to the specific dog/s listed in the Applicant’s Adoption Application Form, unless otherwise agreed in writing by the No More Tears Animal Rescue. Collection of any animal/s by the Applicant other than the specific approved animal will constitute a breach of this Adoption Contract as well as theft.

6.2. Agreement and Enquiries

6.2.1.Whole Agreement: This Adoption Contract constitutes the whole agreement between the parties as to the subject matter hereof and no agreement, representations, or warranties, other than as set out in this Adoption Contract are binding on the parties.

6.2.2.Status and Wellbeing Enquiries: No More Tears Animal Rescue is entitled to enquire regarding the status and wellbeing of the Adopted Animal/s at any time and the Applicant will provide the required information to the No More Tears Animal Rescue within 5 (five) days from the date of the enquiry.

6.3.Care, Home Checks and Removal of Animal

6.3.1.Care: The Applicant undertakes to treat the Adopted Animal/s with love, care and respect and to safeguard the Adopted Animal/s.

6.3.2.Home Checks: No More Tears Animal Rescue has the right to do home checks during the term of this contract if No More Tears Animal Rescue deems it necessary in its sole discretion after giving the Applicant 5 (five) days’ written notice of such home check.

6.3.3.Right to Remove Animal: No More Tears Animal Rescue reserves the right to remove the animal from the Applicant’s care on a permanent or temporary basis if the animal does not, in the sole discretion of No More Tears Animal Rescue, receive the appropriate care; or if the Applicant breaches any term of this Adoption Contract; or if the Applicant provided any false or misleading information to No More Tears Animal Rescue when this application was made.

6.4.Microchip and Pet Insurance

6.4.1.Microchip Registration: For adopted puppies, the microchip will be inserted during the 3rd vaccine. For adult dogs, the dog will be adopted with a microchip inserted prior to collection. The Applicant will register the microchip on the www.identipet.co.za website and email proof thereof within 5 (five) days of collection of the Adopted Animal.

6.4.2.Pet Insurance: There is no obligation on the Applicant to take out pet insurance. No More Tears Animal Rescue, however, encourages the Applicant to speak to Dotsure Limited to understand the pet insurance options available and the benefits of taking out pet insurance. No More Tears Animal Rescue may receive a donation from Dotsure Limited, if you decide to take out pet insurance through them. No More Tears Animal Rescue will use the donation, if any, towards the care and sterilisation of animals in our care.

6.5.Financial Responsibility and Return Policy

6.5.1.Financial Commitment: The Applicant will meet all of the Adopted Animal’s needs financially, including but not limited to medical care, training, shelter, and food, and understands the financial commitment of owning a dog. No More Tears Animal Rescue will not make any financial contribution to the care of the animal or pay any expenses with respect to the animal, other than those specifically provided for in this Adoption Contract

6.5.2.Return Policy: If at any time the Applicant can no longer care for the Adopted Animal/s, the Adopted Animal/s will be returned to the care of No More Tears Animal Rescue for rehoming and may not, under any circumstances, be rehomed in the Applicant’s personal capacity.

6.5.3.Rehoming Fee: If the Adopted Animal must be rehomed for any reason whatsoever, the Applicant will pay a rehoming fee of R500 to No More Tears Animal Rescue. No More Tears Animal Rescue shall be entitled to increase the rehoming fee from time to time in its sole discretion.

6.6.Sterilisation and Vaccines 6.6.1.Sterilisation: The Applicant warrants that the Adopted Animal will be sterilised between the ages of 4 months and 6 months old. If the animal is not sterilised, or does not have an appointed date for a sterilisation by the age of 7 months, No More Tears Animal Rescue has the right to uplift the animal. Without in any way limiting the terms which are deemed material in this Adoption Contract, it is recorded that this is a material term of this Adoption Contract.

6.6.2.Vaccinations: The Applicant warrants that the Adopted Animal will receive all vaccinations on the due date as follows: VACCINATIONS 6-8 WEEKS First vaccination (5IN1) 21 DAYS AFTER FIRST VACCINATION Second vaccination (5IN1) 21 DAYS AFTER SECOND VACCINATION Third vaccination (5IN1) 3 MONTHS Rabies shot ANNUALLY Combination vaccine The first 3 vaccinations are done 3 weeks apart and cannot be done more than 4 weeks apart. If the Adopted Animal does not receive the first 3 vaccinations within the aforementioned timeframes, additional vaccines must be administered, and the Applicant shall be liable for the cost of the additional vaccinations, and a follow up home check will be done by No More Tears Animal Rescue to assess the general wellbeing of the Adopted Animal. The Applicant will not take the Adopted Animal out to parks, fields or walks until the Adopted Animal has received the first three vaccinations. Without vaccines, dogs have compromised immune systems which leaves them vulnerable to parvo virus and other diseases.

6.7.Adoption Fees The Applicant will be liable to pay to No More Tears Animal Rescue a once off and non-refundable home checking fee of R150.00 and an adoption fee of R950 for adult dogs, R1350 for puppies, and R500 for adult cats and kittens (which includes vaccinations up to the date of adoption). If the home check is successful, the home checking fee will be credited against the adoption fee. All fees are payable to No More Tears Animal Rescue bank account, the details of which are as follows:

6.8.Liability and Indemnity

6.8.1.Behaviour and Temperament: No More Tears Animal Rescue cannot be held liable in any manner for the behavior or temperament of the animal and the Applicant adopts the animal at his or her own risk.

6.8.2.Immunisation and Health: Whilst No More Tears Animal Rescue ensures that all Adopted Animals have been immunised with the standard vaccinations due as at the date of adoption, the Applicant acknowledges that No More Tears Animal Rescue is possessed of limited information concerning the dogs it rescues and cannot be held liable for any defects or diseases that arise in relation to the Adopted Animal/s post adoption.

6.8.3.Indemnity: The Applicant hereby irrevocably and unconditionally indemnifies and holds No More Tears Animal Rescue, its board, management, volunteers and employees (“the Indemnified Parties”) harmless against any and all harm, loss, damage or injury of whatsoever nature and whether intentional or negligent or not, including all legal costs to be incurred in respect of any such losses or claims on a scale as between attorney and own client, which may be caused to the Applicant, his or her family or friends or to any third parties by the Adopted Animal or the Indemnified Parties, or to the Adopted Animal or otherwise in any way pursuant, related to or as a consequence of:

6.8.3.1.the adoption by the Applicant of the Adopted Animal, including but not limited to any circumstances occurring whilst the Applicant, his or her family or friends or any third party is on No More Tears Animal Rescue premises;

6.8.3.2.any act performed or failure by the Applicant or any of its representatives relating to or in connection with this Adoption Contract, including but not in any manner limited to, negligent or fraudulent acts or failures; and/or any inaccurate and/or incomplete information provided by the Applicant.

6.9.Breach and Termination

6.9.1.Breach: Should the Applicant breach any provision of the Adoption Contract, No More Tears Animal Rescue shall be entitled, without prejudice to its other rights in law, to terminate the Adoption Contract immediately and to claim damages from the Applicant, as well as immediate return of the Adopted Animal/s.

6.9.2.Certificate of Amounts Due: A certificate from a duly authorised senior official of No More Tears Animal Rescue, whose appointment need not be proven, shall be prima facie proof of any amounts due in terms of this Adoption Contract. The Applicant further agrees that such a certificate may also be used to obtain provisional or summary judgement against him / her.

6.10.Legal and Miscellaneous

6.10.1.Domicilium Citandi et Executandi: The Applicant chooses the domicilium citandi et executandi address as indicated under “Personal Information” of the Applicant in the Adoption Form as the address for delivery of all notices and legal processes delivered in connection with this Adoption Contract at which address all notices and legal processes shall be deemed to have been duly served on the Application on the date of delivery to such address. The Applicant may change his or her domicilium citandi et executandi by written notice to No More Tears Animal Rescue and the change will become effective valid from the date on which No More Tears Animal Rescue acknowledges receipt of the change in writing.

6.10.2.Severability: Each provision of this Adoption Contract is deemed to be separate and severable from the remaining provisions of this contract and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Adoption Contract shall be valid and remain of full force and effect.

6.10.3.Indulgence: The granting of any indulgence, extension of time or relaxation of any provision of this contract by No More Tears Animal Rescue shall not constitute a waiver of any right by the No More Tears Animal Rescue or prevent or adversely affect the exercise by No More Tears Animal Rescue of any existing or future right.

6.11.Protection of Personal Information

6.11.1.Consent: The purpose of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) is to protect personal information of individuals and businesses and to give effect to their right of privacy as provided for in the Constitution. By signing this Adoption Contract, the Applicant consents to his / her personal information being processed by No More Tears Animal Rescue and consent is effective immediately and will remain effective until such consent is withdrawn.

6.11.2.Privacy: The Applicant confirms that he / she understands his / her right to privacy and the right to have his / her personal information processed in accordance with the conditions for the lawful processing of personal information.

6.11.3.Use: The Applicant understands the purposes for which his / her personal information is required and for which it will be used and consents to third parties accessing his / her personal information and to No More Tears Animal Rescue sharing his / her personal information pursuant to this Adoption Contract.

6.11.4.Refusal: The Applicant understands that, should he / she refuse to provide No More Tears Animal Rescue with the required consent and/ or information, No More Tears Animal Rescue will be unable to assist him / her.

6.11.5.Declaration: The Applicant declares that all his / her personal information supplied to No More Tears Animal Rescue is accurate, up to date, not misleading and that it is complete in all respects and will be held and/ or stored securely for the purpose for which it was collected and that he / she will immediately advise No More Tears Animal Rescue of any changes to his / her Personal Information should any of these details change.

6.11.6.Correction / Deletion: The Applicant also understands that he / she has the right to request that his / her personal information be corrected or deleted, if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully or that the personal information or record be destroyed or deleted if the responsible party is no longer authorised to retain it.