HUMANS AND ANIMALS UNITED, INC. (hereinafter termed HAAU)
IMPORTANT – Complete this document only after your “Adoption Application” has been approved by Humans And Animals United, Inc.
DISCLAIMER – This animal is a rescue animal. By signing this document you hereby agree and understand that Humans And Animals United, Inc. (HAAU) is not responsible, for age, breed, gender, medical conditions or behavior of any animal and that you are agreeing to take on an animal with claws and teeth in which you take full and sole responsibility for the actions and/or damages the animal may cause to life, property or otherwise from the date of your signature.
INFORMATION ON THE ANIMAL
TERMS/CONDITIONS/CONTROLLING AGREEMENT – 1: By execution of this document, you hereby agree that any dispute, controversy or claim arising out of or relating in any way to this agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of this agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to this agreement, the complaining Party shall notify Humans And Animals United, Inc. in writing thereof. Within thirty (30) days of such notice, both Parties shall attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies out of court exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after thirty (30) days from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. 2: This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. 3: If the Parties are not able to agree upon the selection of an arbitrator, within five (5) business days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association or a state/federal court judge in the state of Florida shall select the arbitrator in accordance with the terms of this agreement. For three arbitrators, each party shall select an arbitrator within five (5) business days of commencement of the arbitration who shall serve as a neutral arbitrator and the two designated arbitrators shall select a third neutral arbitrator within five (5) business days of their selection of the parties cannot agree on a third arbitrator. If the two arbitrators cannot agree on selection of a third arbitrator within five (5) business days of their appointment, American Arbitration Association or a state/federal court judge in the State of Florida shall select such arbitrator in accordance with the terms of this agreement. 4: The arbitrator(s) shall have five (5) years of experience in arbitration in the State of Florida, and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. 5: The arbitration shall be conducted in accordance with the commercial rules of the American Arbitration Association. 6: The arbitration shall be conducted in Hernando County, Florida, USA. 7: The laws of the State of Florida shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. 8: It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) business days from the date the arbitrator(s) are appointed. The arbitrator(s) may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. 9: Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. 10: The Parties shall not be entitled to discovery in the arbitration, except that any Party shall be entitled to request no more than one thousand (1000) pages of documents and to take three (3) depositions not to exceed eight (8) hours for each such deposition. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing. 11: The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten (10) business days before the arbitration hearing. 12: The arbitrator(s) shall have no authority to award punitive, consequential, special, indirect damages. The arbitrators shall not be entitled to issue injunctive and/or any other equitable relief. 13: The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable, including, without limitation, reasonable attorneys’ fees and costs, shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement. 14: Each party shall pay its own proportionate share of legal, attorney, representation and/or arbitrator fees and expenses, in addition to fees and expenses of the arbitrator it designated (if there are three arbitrators) and the arbitration fees and expenses of the American Arbitration Association. The arbitrator(s) shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion. This Agreement supplements and modifies any and all written or verbal agreements that you may have with the Company. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control. All other obligations of the parties remain subject to the terms and conditions of any other agreement.
SIGNATURE: Please do not sign and submit this form if you do not fully understand and agree with all sections contained herein. By signing and dating this document you hereby understand, agree and accept all sections and terms within this document and you hereby acknowledge that all information provided herein is true to the best of your knowledge. This transaction and agreement is involving your acceptance of taking on the responsibility of an animal which has teeth and claws which could cause physical or property damage. By signing this document you hereby agree to release and hold harmless Humans And Animals United, Inc. along with any all employees and associates from any potential issues which may arise legally from you accepting the animal into your possession. For clarity and understanding of the sections within this form, please consult your attorney. Forms without signatures and dates are discarded.