LIABILITY DISCLAIMER, ASSUMPTION OF RISK & LEGAL RESPONSIBILITIES – Policy Six

Part of the Hope4Paws UK & Spain Adoption Agreement

This Liability Disclaimer, Assumption of Risk & Legal Responsibilities Agreement (“Agreement”) forms part of the Hope4Paws UK & Spain Adoption Agreement (“Agreement”) and shall be legally binding upon the Adopter upon signature and/or upon taking possession of any Dog.

The Adopter acknowledges that they have had full opportunity to read, understand, and seek independent legal advice prior to entering into this Agreement.

The Adopter agrees that no reliance has been placed upon any statement, representation, or information provided by Hope4Paws UK & Spain except as expressly set out in writing within this Agreement.

The Adopter further acknowledges that rescue dogs are living animals with inherent unpredictability, and that all information provided is necessarily limited, estimated, and subject to change.

  1. Entire Basis of Adoption – “As Assessed” and No Reliance

All Dogs are rehomed strictly on an “as assessed” basis.

All descriptions, assessments, observations, and information provided by Hope4Paws UK & Spain are made in good faith and based upon information reasonably available at the time of assessment, which may include third-party reports, foster observations, veterinary input, and historical records.

The Adopter expressly acknowledges and agrees that:

  • all such information may be incomplete, inaccurate, outdated, or unverified;
  • no representation or warranty is made as to its accuracy or completeness; and
  • the Adopter shall not rely upon any such information in deciding to adopt save as expressly confirmed in writing.

The Adopter accepts that the decision to adopt is made voluntarily and at their own risk.

  1. No Warranty or Guarantee (Age, Breed, Size, Background)

Hope4Paws UK & Spain gives no warranty or guarantee, express or implied, as to:

  • age or date of birth
  • breed or genetic composition   
  • parentage or lineage
  • country of origin or history
  • prior ownership or background
  • current or future size, weight, or development

Any such information provided is an estimate only and shall not be construed as a representation of fact.

The Adopter expressly waives any right to claim reliance upon such information.

  1. Health Disclaimer and Veterinary Responsibility

Whilst reasonable efforts are made to disclose known veterinary information, Hope4Paws UK & Spain makes no warranty or representation whatsoever, express or implied, regarding:

  • past, current or future health status
  • genetic, hereditary, or congenital conditions
  • latent or undiagnosed medical conditions
  • lifespan or prognosis
  • future veterinary requirements

The Adopter acknowledges and agrees that:

  • all veterinary responsibility transfers irrevocably upon adoption;
  • all costs for treatment, diagnostics, medication, surgery, rehabilitation, and ongoing care shall be borne solely by the Adopter; and
  • no claim shall be made against Hope4Paws UK & Spain in respect of any medical condition arising or discovered after adoption.
  1. Behaviour Disclaimer and No Suitability Guarantee

Behavioural information is observational only and based on a specific time, environment, and set of circumstances.

The Adopter acknowledges that behaviour may materially change following adoption due to environmental, emotional, or situational factors.

Accordingly, Hope4Paws UK & Spain makes no warranty or representation as to:

  • temperament or personality consistency
  • training level or obedience
  • suitability for children, adults, or other animals
  • compatibility with any household or lifestyle
  • absence of behavioural issues now or in the future

The Adopter expressly accepts that no Dog is guaranteed to be suitable for any particular purpose.

  1. Assumption of Risk and Waiver of Liability

The Adopter expressly acknowledges that dog ownership involves inherent, foreseeable, and unavoidable risks.

The Adopter irrevocably accepts and assumes all such risks, including but not limited to:

  • bites, scratches, or injury
  • aggression or fear responses
  • escape or loss of control
  • property damage
  • behavioural incidents
  • injury to third parties or animals
  • veterinary emergencies

The Adopter irrevocably waives any claim against Hope4Paws UK & Spain arising from such risks, except where such waiver is prohibited by law.

  1. Ownership

From the moment of collection or handover (“the Adoption Date”), the Adopter assumes full, sole, and exclusive responsibility for the Dog.

This includes responsibility for:

  • welfare, supervision, and control
  • training and behaviour management
  • veterinary care and all associated costs
  • insurance and legal compliance
  • public safety obligations
  • any loss, damage, injury, or claim arising from the Dog

 

  1. Restrictions on Transfer, Rehoming, Disposal and End-of-Life Decisions

The Adopter acknowledges and agrees that the Dog is placed into their permanent care on a rehoming basis and shall not be transferred, rehomed, disposed of, or otherwise relinquished without the prior written knowledge and consent of Hope4Paws UK & Spain.

Accordingly, the Adopter shall not, without the prior written notification to Hope4Paws UK & Spain:

  • rehome, transfer, loan, or place the Dog with any third party, whether temporarily or permanently, including but not limited to family members, friends, associates, or any other individual;
  • advertise, list, or otherwise offer the Dog for sale, rehoming, transfer, or relinquishment by any means, including online platforms, social media, printed media, or informal networks;
  • sell, gift, exchange, or otherwise dispose of the Dog in any manner whatsoever;
  • surrender the Dog to any rescue organisation, kennel, shelter, veterinary practice, or similar facility;

The Adopter further agrees that the Dog shall not be euthanised except where:

  • a qualified veterinary surgeon determines that euthanasia is clinically necessary in the Dog’s best interests; and
  • where reasonably practicable, Hope4Paws UK & Spain has been notified in advance.

The Adopter acknowledges that full procedures relating to welfare concerns, bite incidents, and return protocols are set out in Policy 5 – Rehoming & Dog Bite Policy, which forms an integral part of this Agreement.

Any breach of this clause shall constitute a material breach of contract.

  1. Recovery, Repossession and Right of Retrieval

The Adopter expressly acknowledges and agrees that Hope4Paws UK & Spain retains a continuing legal and equitable interest in safeguarding the welfare of all Dogs rehomed through the organisation.

Without prejudice to any other rights or remedies, Hope4Paws UK & Spain shall be entitled, at its sole discretion, to require the immediate return and/or arrange the recovery of the Dog where there are reasonable grounds to believe that:

  • the Dog is at risk of neglect, cruelty, abandonment, or inadequate welfare provision;
  • the Adopter is in breach of this Agreement or any associated policy;
  • the Dog has been, or is intended to be, transferred contrary to Clause 9A;
  • the Dog’s welfare, safety, or wellbeing is reasonably considered to be compromised;
  • there is failure to cooperate with reasonable welfare checks or requests for information;

In such circumstances, the Adopter agrees:

  • to surrender the Dog immediately upon written request from Hope4Paws UK & Spain;
  • to permit lawful recovery of the Dog from any premises or third-party location where the Dog is held;
  • not to obstruct, delay, conceal, or interfere with recovery efforts;

Where necessary and lawful, Hope4Paws UK & Spain may seek assistance from third parties, including foster carers, rescue partners, veterinary professionals, local authorities, or law enforcement, to facilitate recovery of the Dog.

The Adopter agrees that time is of the essence in relation to any recovery request and that failure to comply may result in legal proceedings, including applications for injunctive relief and recovery of costs.

  1. Injunctive Relief and Enforcement

The Adopter acknowledges and agrees that any breach of these conditions may cause irreparable harm to the welfare of the Dog and to Hope4Paws UK & Spain.

Accordingly, the Adopter agrees that Hope4Paws UK & Spain shall be entitled to seek urgent injunctive relief, specific performance, and/or any other equitable remedy available under English law to enforce compliance with this Agreement, in addition to any claim for damages or costs.

  1. Costs of Recovery

The Adopter agrees that any reasonable costs incurred by Hope4Paws UK & Spain in connection with recovery, repossession, transport, boarding, veterinary assessment, legal action, or enforcement of this clause shall be recoverable in full of the Adopter on an indemnity basis.

 

  1. Limitation of Liability

To the fullest extent permitted by law, Hope4Paws UK & Spain, including its trustees, officers, volunteers, employees, foster carers, transporters, partners, and agents, shall not be liable for any:

  • direct, indirect, or consequential loss
  • personal injury or death
  • property damage
  • veterinary or medical costs
  • behavioural or training costs
  • financial loss or loss of earnings
  • emotional distress or inconvenience
  • loss arising from incompatibility or unsuitability
  • future health or behavioural issues

Nothing in this Agreement shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any liability which cannot legally be excluded under the Consumer Rights Act 2015 or other applicable law.

  1. Indemnity (Broad Form)

The Adopter shall fully indemnify, defend, and hold harmless Hope4Paws UK & Spain and its trustees, officers, employees, volunteers, foster carers, transporters, partners, and agents from and against all claims, demands, proceedings, liabilities, damages, losses, costs, and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

  • ownership or control of the Dog
  • acts, omissions, or behaviour of the Dog
  • injury or damage caused by the Dog
  • breach of this Agreement or policies
  • failure to comply with applicable statutory or regulatory obligations

This indemnity shall survive termination and continue for the lifetime of the Dog.

  1. Rehoming, Return and No Boarding Obligation

The Adopter acknowledges that Hope4Paws UK & Spain is solely a rescue and rehoming organisation.

It is expressly not:

  • a boarding kennel
  • a daycare provider
  • a holiday care service
  • an emergency accommodation provider
  • a sanctuary or long-term housing facility

Accordingly, Hope4Paws UK & Spain shall have no legal or contractual obligation to:

  • provide boarding or accommodation
  • provide foster placement
  • provide emergency housing or care

Any assistance provided shall be entirely discretionary and subject to availability.

Please see our Re-Homing Policy Five for additional information.

  1. Fees and non-Refundability

All fees, including adoption fees, transport contributions, deposits, and administrative charges, are contributions towards rescue operations and shall be non-refundable once processing or transport arrangements have commenced.

No refund shall be due in the event of surrender, return, behavioural issues, medical issues, or change of circumstances. An administration charge of £100 will be charged for surrender of any dog and transport costs where applicable.

  1. Data Protection, Media Rights & Consent

Hope4Paws UK & Spain processes personal data in accordance with UK GDPR and the Data Protection Act 2018.

The Adopter acknowledges that personal data may be collected, stored, processed, and retained for legitimate purposes including adoption assessment, administration, welfare monitoring, legal compliance, and safeguarding.

Personal data may be shared with third parties where reasonably necessary for rescue, veterinary care, transport, or rehoming purposes.

The Adopter further acknowledges and agrees that Hope4Paws UK & Spain may collect, use, store, and publish photographs, video recordings, and related media of the Dog and/or adoption process.

The Adopter grants Hope4Paws UK & Spain a perpetual, worldwide, irrevocable, royalty-free licence to use such media for legitimate organisational purposes including:

  • rescue promotion and rehoming
  • fundraising and marketing
  • social media and public awareness
  • website publication
  • internal documentation

The Adopter waives any right to compensation in respect of such use.

Where identifiable personal data or imagery is involved, the Adopter may request restriction of future use; however, processing may continue where a lawful basis exists including legitimate interests, legal obligation, or safeguarding.

  1. Severability

If any provision of this Agreement is held to be invalid, unlawful, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

  1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Policy Acknowledgement

This Cats, Dogs & Small Animals Introduction Policy forms an essential part of the Hope4Paws UK & Spain Adoption Agreement and Re-Homing Policy.

By signing the Adoption Agreement, you agree that you have read, understood, and agreed to comply with the requirements set out within this policy.