Terms & Conditions
- The discovery of any intentional misinformation will lead to the immediate dismissal of an adoption application.
- Applicants must be 21+ to adopt and must show a valid ID with current address.
- Applicants must agree to a home inspection. All residents must be present at the time of the home inspection.
- Applicants must agree to criminal background check in order to move forward with the adoption process.
- After approval of the adoption application, the Adopter must agree to the following:
1. Adoption. On the date of this Agreement, or on such later date as may be mutually agreed by the parties, the Adopter will adopt the Adopted Dog from the El Paso Pug Rescue, a Texas non-profit animal rescue (“EPPR”). At the time of such adoption, the Adopter will take possession of the Adopted Dog and will assume full responsibility for the Adopted Dog as provided in this Agreement. Legal title to the Adopted Dog will pass from EPPR to the Adopter at the time of such adoption, subject to the rights of EPPR to cause legal title to the Adopted Dog to revert back to EPPR in the circumstances described in Section 10(a) below.
2. Adoption Fee. The adoption fee for the Adopted Dog is $200.00, which will be paid by the Adopter to EPPR on the date of this Agreement by cash or through Paypal payment to firstname.lastname@example.org. The Adopter agrees and understands that the adoption fee is not refundable under any circumstances or for any reason whatsoever.
3. Adoption Application. The Adopter has previously completed, signed and delivered to EPPR an adoption application for the Adopted Dog (the “Application”). The Adopter represents and warrants to EPPR that the information set forth in the Application is true and correct to the best knowledge of the Adopter and that the Adopter has not failed to disclose to EPPR any material information that would reasonably be expected to adversely affect EPPR’s evaluation of the Application or the Adopter. Without limiting the generality of the foregoing, the Adopter represents and warrants that neither the Adopter nor any member of the Adopter’s household has ever been convicted of an animal welfare law violation (such as neglect, cruelty, abandonment, etc.).
4. Assumption of Responsibility for Care and Expenses. As of the time of adoption, the Adopter assumes full responsibility for the health, safety, care and well-being of the Adopted Dog during the entire remaining lifetime of the Adopted Dog and for all costs, expenses, risks and liabilities associated with the Adopted Dog (whether such costs, expenses and liabilities exist at, or arise after, the time of adoption). The Adopter acknowledges that pug and pug-mix dogs are subject to chronic medical conditions and health problems that may be expensive to treat or require regular treatment during the dog’s lifetime (including arthritis, spine and joint dysfunctions, injuries and conditions affecting the eyes, urinary tract stones and infections, skin conditions and allergies, brachycephalic syndromes (difficulty breathing due to the shape and structure of the dog’s head and upper respiratory tract) and Pug Dog Encephalitis). The Adopter represents and warrants to EPPR that the Adopter has considered the potential expenses associated with the Adopted Dog and reasonably expects to have the financial resources necessary to properly care for the Adopted Dog and pay all costs and expenses associated with its medical care and treatment.
5. Care of the Adopted Dog. At all times after the time of adoption, the Adopter will provide for the safety, health, care and well-being of the Adopted Dog. Without limiting the generality of the foregoing, the Adopter agrees to perform, observe and satisfy each of the following conditions at all times after the time of adoption:
(a) Abuse. The Adopter will not permit the Adopted Dog to be abused in any manner (whether physically, mentally, emotionally or otherwise).
(b) Safety. The Adopter will not permit the Adopted Dog to be intentionally, recklessly or negligently harmed in any manner. The Adopted Dog will not be exposed to excessive heat, cold or other inclement conditions. The Adopted Dog will not be transported by any vehicle outside of its passenger compartment.
(c) Medical Care. The Adopter will provide the Adopted Dog with all regular and other necessary medical care from a licensed veterinarian (which will include, at a minimum, an annual wellness checkup with heartworm test). The Adopted Dog will receive all vaccinations recommended by the Adopter’s veterinarian and/or required by applicable state or local laws. The Adopted Dog will receive, on a year-round basis, a heartworm preventative recommended by the Adopter’s veterinarian. The Adopter will comply with all other reasonable requests of EPPR with regard to medical care or dietary needs of the Adopted Dog, including those specified in any “Special Needs Addendum” that may be attached to this Agreement.
If the Adopted Dog requires any critical or essential medical care that the Adopter does not believe he or she can provide on a timely basis, whether for financial or other reasons, the Adopter should contact EPPR immediately for assistance.
(d) Living Conditions. The Adopted Dog will be kept solely as a household pet, companion and family member living inside of a climate-controlled residential dwelling (which, for clarity, will exclude any patio, balcony, porch, garage, basement or attic area). The Adopted Dog will be provided with adequate and nourishing food, daily fresh clean water, regular grooming, sanitary living conditions, exercise, affection, positive interaction and humane treatment.
(e) Legal Compliance. The Adopter will comply with all applicable laws and ordinances with respect to the Adopted Dog, including by causing the Adopted Dog to be licensed or registered with each applicable governmental entity.
(f) Identification. The Adopted Dog must wear a harness or collar with an attached identification tag (with the Adopter’s current address and phone number), microchip tag (if available) and rabies tag at all times, except when the Adopted Dog is crated or if removal is recommended by a veterinarian.
(g) Supervision. The Adopted Dog will not be left alone for any extended or unreasonable period of time. The Adopted Dog will at all times when outside be subject to adequate supervision that is reasonable under the circumstances.
6. Inspection Rights. EPPR will have the right to inspect the Adopted Dog and any premises where the Adopted Dog is kept for the purpose of determining the Adopter’s compliance with the terms of this Agreement. Such inspection rights will be exercised by EPPR only with reasonable prior notice and at a time reasonably acceptable to both parties, unless EPPR has a reasonable belief that there is an imminent risk to the health, safety or well-being of the Adopted Dog. The Adopter will also provide updates on the Adopted Dog by telephone or e-mail as reasonably requested by EPPR. The Adopter’s residential address where the Adopted Dog will be kept, mailing address (if different), telephone number(s) and e-mail address are set forth below the Adopter’s signature on this Agreement. The Adopter will promptly notify EPPR of any changes in any of such information. Upon request, the Adopter will provide EPPR with the name, address and telephone number of the Adopted Dog’s veterinarian and EPPR will have the right to contact such veterinarian for the purpose of determining the Adopter’s compliance with the terms of this Agreement.
7. Ownership and Possession. The Adopter will maintain ownership and possession of the Adopted Dog at all times after the time of adoption, except for (a) a transfer of ownership back to EPPR or (b) the transfer of temporary possession to a responsible third party (for example, for boarding, grooming or veterinary care). Without limiting the generality of the preceding sentence, the Adopter will not (i) sell or give away the Adopted Dog, (ii) abandon the Adopted Dog, (iii) surrender the Adopted Dog to any humane society, rescue organization or research facility or (iv) allow any other person to have indefinite possession of the Adopted Dog. If, for any reason, the Adopter involuntarily losses possession of the Adopted Dog (including, for example, if the Adopted Dog is lost or stolen), the Adopter will immediately notify EPPR and will take all necessary action to immediately locate and resume possession of the Adopted Dog. If the Adopter dies or, for any reason, becomes unable or unwilling to keep or care for the Adopted Dog, the Adopter (or the Adopter’s representative or estate) will immediately notify EPPR, surrender possession of the Adopted Dog to EPPR and transfer ownership of the Adopted Dog back to EPPR.
8. Death of the Adopted Dog. If the Adopted Dog dies, the Adopter will deliver to EPPR, within seven days, a signed letter stating that the Adopted Dog has died and describing the cause of death, if known, and the date of death. The Adopter agrees not to euthanize the Adopted Dog except in the case of the Adopted Dog’s old age or terminal illness or injury, in each case when accompanied by pain and suffering, and that in any such case, the euthanasia will be performed only by a licensed veterinarian.
9. Sterilization. The Adopter acknowledges that EPPR is a “releasing agency” within the meaning of Chapter 828 of the Health and Safety Code of the State of Texas and may not release the Adopted Dog for adoption unless it has been sterilized or the release is made to a new owner who signs an agreement to have the animal sterilized. STERILIZATION OF THE ADOPTED DOG IS REQUIRED UNDER CHAPTER 828, HEALTH AND SAFETY CODE, AND A VIOLATION OF CHAPTER 828 IS A CRIMINAL OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR.
If the Adopted Dog has not been sterilized prior to the date of adoption:
(a) the parties intend for this Agreement to constitute a sterilization agreement;
(b) the sterilization completion date will be set and agreed upon (which date has been determined in accordance with Section 828.003(b) of the Health and Safety Code);
(c) the Adopter must have the Adopted Dog sterilized on or before such sterilization completion date (which is subject to extension as provided in Section 828.004 of the Health and Safety Code, including upon presentation to EPPR of a written report from a licensed veterinarian stating that the life or health of the Adopted Dog may be jeopardized by sterilization);
(d) except as otherwise provided by Chapter 828 of the Health and Safety Code, the Adopter must deliver to EPPR a letter stating that the Adopted Dog has been sterilized, which letter must (i) briefly describe the animal, (ii) provide the date of sterilization, (iii) be signed by the veterinarian who performed the sterilization and (iv) be delivered in person or by mail within seven days after the date of sterilization; and
(e) if the required letter is not received by EPPR within seven days of the sterilization completion date, EPPR will cause a complaint to be filed against the Adopter and will be entitled to promptly reclaim the Adopted Dog from the Adopter.
(a) Default; Reversion of Title. The Adopter agrees and acknowledges that EPPR has agreed to allow the Adopter to adopt the Adopted Dog pursuant to this Agreement in reliance on the representations and warranties of the Adopter specified in the Application and in this Agreement and in reliance on the Adopter’s agreements specified in this Agreement. If any such representation or warranty of the Adopter is not true and correct in any material respect when made, or if the Adopter fails in any material respect to perform, observe or satisfy any such agreement (any of the foregoing, a “Default”), EPPR will have the right to provide written notice of such Default to the Adopter. If the Adopter does not cure such Default to the reasonable satisfaction of EPPR within ten days of receiving the notice of Default, EPPR will have the right to provide written notice of repossession to the Adopter. Upon such delivery of a notice of repossession, all legal title to the Adopted Dog will automatically, and without any further action being required by any party or other person, revert back to EPPR and the Adopter will promptly deliver possession of the Adopted Dog to EPPR at the location within the El Paso, Texas metropolitan area specified in the notice of repossession.
(b) Temporary Custody. Upon the occurrence of any event or circumstance that, in the reasonable, good faith judgment of EPPR, presents an immediate and significant danger to the health, safety or well-being of the Adopted Dog (whether or not constituting a Default), EPPR will have the right to assume temporary custody and possession of the Adopted Dog until the danger no longer exists or as otherwise directed by order of a court of competent jurisdiction.
(c) Consent to Removal by Law Enforcement. In any circumstances when EPPR is entitled to temporary or permanent custody or possession of the Adopted Dog as provided in Section 10(a) or Section 10(b) above, or as otherwise determined by order of a court of competent jurisdiction, the Adopter consents to the removal by law enforcement of the Adopted Dog from Adopter’s possession (or other location where the Adopted Dog may be located) and the surrender of the Adopted Dog to EPPR.
(d) Fees and Expenses. If EPPR brings any legal action against the Adopter to enforce (or to obtain a declaratory judgment interpreting) the terms of this Agreement and is the substantially prevailing party, EPPR will be entitled to recover from the Adopter reasonable attorneys’ fees and other out-of-pocket expenses associated with such action, in addition to any other relief to which EPPR may be entitled.
(e) Remedies Cumulative. The remedies provided for in this Agreement are cumulative and not exclusive of any other remedies provided at law or in equity, including without limitation the right to sue for damages.
11. Disclaimer of Warranties. THE ADOPTED DOG IS BEING ADOPTED “AS IS” AT THE TIME OF ADOPTION, AND IN ITS CONDITION AT SUCH TIME. EPPR DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, REGARDING THE ADOPTED DOG (INCLUDING WITH RESPECT TO THE AGE, HEALTH, CONDITION, LINEAGE, TRAINING, TEMPERAMENT OR BEHAVIOR OF THE ADOPTED DOG), AND ALL SUCH REPRESENTATIONS, WARRANTIES AND GUARANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY EPPR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EPPR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, USAGE, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE ADOPTED DOG, OR THE ABSENCE OF ANY DEFECTS IN THE ADOPTED DOG. EPPR IS NOT RESPONSIBLE FOR ANY INJURIES OR ILLNESS TO PEOPLE OR OTHER ANIMALS, OR FOR ANY PROPERTY LOSS OR DAMAGE, CAUSED BY THE ADOPTED DOG AFTER THE TIME OF ADOPTION.
12. Waiver and Release. Effective as of the date of this Agreement, and in consideration of EPPR’s willingness and agreement to allow the Adopter to adopt the Adopted Dog pursuant to this Agreement, THE ADOPTER FOREVER WAIVES, RELEASES AND DISCHARGES EPPR and its directors, officers, volunteers and representatives (and their respective successors, heirs and personal representatives) (collectively, the “Released Parties”) of and from any and all causes of actions, suits, debts, obligations, liabilities, proceedings, orders, damages, judgments, claims, rights, demands and remedies of any nature, whether known or unknown, foreseeable or unforeseeable, liquidated or unliquidated, or insured or uninsured that the Adopter (or any person claiming by or through the Adopter) has, has ever had or may hereafter have against any of the Released Parties arising out of or relating to the Adopted Dog.
13. Other Legal Terms.
(a) Entire Agreement. This Agreement (together with the Application) sets forth the entire and final agreement and understanding of the parties and contains all of the agreements made between the parties with respect to the Adopted Dog. This Agreement supersedes any and all other prior written agreements, and any and all prior or contemporaneous oral agreements between the parties, with respect to the Adopted Dog.
(b) Governing Law. This Agreement will be governed by, and construed in accordance with, the domestic laws of the State of Texas, without giving effect to any choice of law or conflict of law provision or rule.
(c) Venue; Service of Process. The parties irrevocably submit to the exclusive jurisdiction of any federal or state court sitting in Travis County, Texas, for the purposes of any suit, action or other proceeding arising out of this Agreement, and waive all objections to venue in such courts (including that any such court may be an inconvenient forum). Each party agrees that service of any process, summons, notice or document may be made by U.S. certified or registered mail to such party’s address set forth on the signature page to this Agreement (as such address may be updated by such party from time to time).
(d) Severability. If any provision of this Agreement (or portion thereof) is held to be invalid, void or unenforceable by any court of competent jurisdiction, the parties agree that such court will have the authority to modify such provision to give effect to the original written intent of the parties to the greatest extent consistent with being valid and enforceable under applicable law. If any such provision (or portion thereof) cannot be so modified, it may be severed from this Agreement and, in such case, the remaining provisions of this Agreement will remain in full force and effect.
(e) Amendments and Waivers. No amendment or waiver of any provision of this Agreement will be valid unless it is in writing and signed by each of the parties.
(f) Assignment. The Adopter may not assign or delegate any of the Adopter’s duties or obligations under this Agreement.
(g) Construction. In the event an ambiguity or question of intent or interpretation arises, the parties intend that this Agreement be construed as if drafted jointly by the parties and that no presumptions or burdens of proof arise favoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties intend that each provision and agreement contained in this Agreement have independent significance.
(h) Counterparts. This Agreement may be executed in two or more counterparts (including by exchange of signature pages transmitted by facsimile or other electronic means), each of which will be deemed an original but all of which, when together, will constitute one and the same instrument.
The El Paso Pug Rescue has been incorporated by the state of Texas since August 7, 2015.
See our Certificate of Formation:
Subject to the provisions of Sections 2.002, 2.003, 2.010 and 22.051 of the Texas Business Organizations Code, El Paso Pug Rescue (the Corporation) organized and shall be operated exclusively for the prevention of cruelty to children or animals within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") or the corresponding provisions of any future United States tax law. The Corporation shall be operated exclusively for such purposes, and no part of its net earnings shall inure to the benefit of, or be distributable to, its directors, officers or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered by officers and directors of the Corporation and members of committees of the Corporation, and to make payments and distributions in furtherance of the purposes set forth in this Article III. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office. In no event shall the Corporation carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Code or the corresponding provision of any future United States tax law, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Code or the corresponding provision of any future United States tax law.
The direction and management of the affairs of the Corporation and the control and disposition of its properties and funds shall be vested in a Board of Directors composed of such number of persons as the bylaws of the Corporation may fix. Until changed by the bylaws, the original number of directors shall be three (3). The directors shall continue to serve until their successors are selected in the manner provided in the bylaws of the Corporation. The names of the persons who shall serve as the initial directors of the Corporation until their successors are duly elected and qualified are Amanda H. Herrera (President), Heidi A. Herrera, and Jennifer A. Gonzalez.
The Corporation shall have no members.
The initial bylaws of the Corporation shall be adopted by its Board of Directors, and the power to amend or repeal the bylaws or adopt new bylaws shall be vested in the Board of Directors, subject to Section 22.102 of the Texas Business Organizations Code.
Upon the winding up and termination of the Corporation and after all liabilities and obligations of the Corporation are paid, satisfied and discharged in accordance with Section 11.053 of the Texas Business Organizations Code, the property of the Corporation shall be applied and distributed, pursuant to a plan of distribution, exclusively for tax-exempt purposes to an organization or organizations that shall at the time qualify as an exempt organization of organizations under Section 501(c)(3) of the Code or the corresponding provisions of any future United States tax law or as are described in Section 170(c)(1) or (2) of the Code or the corresponding provisions of any future United States tax law. A district court of the county in which the principal office of the Corporation is then located shall distribute to one or more organizations exempt under Section 501(c)(3) of the Code or the corresponding provisions of any future United States tax law or any future United States tax law the property of the Corporation remaining after the distribution of property as provided in the plan of distribution.
No director shall be liable to the Corporation for monetary damages for an act or omission in the director's capacity as a director, except that this Article does not eliminate or limit the liability of a director to the extent the director is found liable for:
(a) a breach of the director's duty of loyalty to the Corporation;
(b) an act or omission not in good faith that constitutes a breach of duty of the director of the Corporation or an act or omission that involves intentional misconduct or a knowing violation of the law;
(c) a transaction from which the director received an improper benefit, regardless of whether the benefit resulted from an action taken within the scope of the directors duties; or
(d) an act or omission for which the liability of the director is expressly provided by an applicable statute.
Any repeal or modification of this Article shall be prospective only and shall not adversely affect any limitation of the liability of a director of the Corporation existing at the time of such repeal or modification.
Any action required by the Texas Business Organizations Code to be taken at any annual or special meeting of directors, or any action which may be taken at any annual or special meeting of directors or of any committee, may be taken without a meeting, if a consent in writing, setting forth the action to be taken, is signed by a sufficient number of directors or committee members as would be necessary to take that action at a meeting at which all of the directors or members of the committee were present and voted. Any such written consent shall be signed and dated by each director or committee member executing the same and such executed written consent shall be filed with the Corporation in the manner required by Section 3.151 of the Texas Business Organizations Code.
The El Paso Pug Rescue is a 501(c)3 nonprofit organization.
We received our 501(c)3 status effective as of August 7, 2015.
View our IRS Letter of Determination here.