ADOPTION & TRANSFER OF OWNERSHIP AGREEMENT
Adopting Organization (“TTP”): Thoroughbred Transition Project, Inc., a Virginia non-profit corporation, by its authorized representative Natalie Wales, Founder & CEO, having a mailing address of PO Box 462, The Plains, VA 20198;
Adopter: ________________, residing at ________________, telephone ________________, email ________________.
WHEREAS, TTP is the lawful owner of the Thoroughbred horse described below (the “Horse”) and desires to transfer ownership of the Horse to the Adopter for the purpose of providing the Horse with a permanent, suitable home;
WHEREAS, the Adopter desires to adopt the Horse subject to the protective terms and conditions set forth herein, which exist for the welfare and safety of the Horse;
NOW, THEREFORE, in consideration of the mutual promises, covenants, and warranties set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Description of the Horse
Barn Name: ________________
Registered Name: ________________
Breed: Thoroughbred
Sex: ________
Age: ____
Foaled: ________
Color: ________
Height: ________
Markings: ________________
Tattoo / Microchip: ________________
2. Transfer of Ownership
Subject to the terms of this Agreement, TTP hereby transfers and conveys all right, title, and interest in and to the Horse to the Adopter, who accepts the Horse and agrees to assume full responsibility for the Horse’s care and welfare. The Horse will be kept at ________________, unless TTP is notified in advance and consents in writing to a different location.
3. Adoption Fee
The Adopter shall pay an adoption fee of $________ to TTP via ________________, payable on or before the Effective Date. The adoption fee is non-refundable and supports the continued rehabilitation and care of horses in TTP’s program.
4. Warranties & Disclosures
TTP represents and warrants that: (a) TTP is the legal owner of the Horse and has the authority to transfer the Horse; (b) the Horse is free and clear of liens, encumbrances, and security interests; and (c) to the best of TTP’s knowledge, all material information regarding the Horse’s known medical, soundness, and behavioral history has been disclosed in writing to the Adopter prior to execution of this Agreement.
Disclosed conditions: None known beyond a typical pre-purchase examination.
5. As-Is Condition; Adopter Acknowledgments
The Adopter accepts the Horse in its current “as-is” condition. TTP makes no additional warranties, express or implied, beyond those expressly stated in Section 4. The Adopter acknowledges having had the opportunity to inspect the Horse, to consult with the Adopter’s own veterinarian, trainer, or other advisors, and to ask questions of TTP. The Adopter further acknowledges that horses are inherently unpredictable animals and that handling and riding horses involves inherent risks.
6. Risk of Loss
Risk of loss, injury, or death of the Horse passes to the Adopter on the Effective Date or upon physical transfer of the Horse to the Adopter or the Adopter’s designated transporter, whichever occurs later.
7. Care Standards
The Adopter agrees to provide the Horse with humane care for the entire time the Horse is in the Adopter’s possession, including: (a) routine veterinary care, including annual examinations, vaccinations, dental care, and parasite control; (b) regular farrier care; (c) appropriate forage, feed, fresh water, and shelter; (d) safe fencing and turnout; and (e) prompt veterinary attention for illness or injury.
8. Right of First Refusal
If the Adopter is at any time unable or unwilling to keep the Horse, for any reason, the Adopter shall first offer the Horse back to TTP, in writing, before any sale, gift, lease, transfer, or surrender to any other person or entity. TTP shall have a reasonable period, not less than thirty (30) days, in which to take possession of the Horse. The Horse may not be transferred to a third party without TTP’s prior written consent.
9. No Slaughter; No Auction
The Adopter shall never sell, transfer, surrender, or otherwise direct the Horse, directly or indirectly, to any slaughter facility, kill buyer, livestock auction, or other party that is reasonably likely to direct the Horse to slaughter. This prohibition is a material term of this Agreement and is enforceable as a permanent restriction running with ownership of the Horse.
10. No Racing; No Breeding
The Adopter shall not return the Horse to racing, training to race, or any commercial racing program, whether sanctioned or unsanctioned. The Adopter shall not breed the Horse, or permit the Horse to be bred, without the prior written consent of TTP.
11. Notification & Welfare Check-Ins
The Adopter shall notify TTP in writing within thirty (30) days of: (a) any change in the Horse’s physical location; (b) any change in ownership, lease, co-ownership, or care arrangements; (c) any major medical event, including colic surgery, euthanasia, or death; and (d) any change in the Adopter’s contact information. The Adopter agrees to reasonable welfare check-ins by TTP, which may include photos, written updates, or, with reasonable notice, in-person visits.
12. Remedies for Breach
The Adopter acknowledges that the Horse is a unique, living animal and that monetary damages may be inadequate to remedy a breach of Sections 7 through 11. In the event of a material breach, TTP shall be entitled, at its sole election, to specific performance, including immediate return of the Horse, in addition to any other remedies available at law or in equity. The Adopter agrees to pay TTP’s reasonable attorneys’ fees and costs incurred in enforcing this Agreement.
13. Indemnification
The Adopter shall indemnify, defend, and hold harmless TTP, its officers, directors, employees, volunteers, and agents from and against any claims, losses, damages, or expenses arising out of the Horse’s care, conduct, or use after the Effective Date.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of laws principles.
15. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral. Any amendment must be in writing, signed by both parties. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
Date: ____________________
Date: ____________________