This Agreement is executed effective on the date specified in the "Today's Date" section above, by whose full name is specified in the "Indemnor's Full Name" section above, and address is also specified in the "Indemnor's Full Address" section above, hereinafter referred to as the "INDEMNOR," in favor of and for the benefit of SPCA of Tennessee, a Tennessee Not-for-Profit Corporation located at PO Box 1014, Brentwood, TN 37024-1014, and all of its officers, directors, employees, volunteers, and agents, individually and collectively without limitation hereinafter collectively referred to as the "SPCA of Tennessee." For good and valuable consideration, the receipt and sufficiency of which is being acknowledged for it and its officers, employees, agents, and members, the INDEMNOR does hereby agree irrevocably, as follows:
1. Indemnification:
The INDEMNOR shall indemnify and hold harmless SPCA of Tennessee from and against any and all liability, claims, suits, proceedings, demands, losses, injuries, damages, or expenses of any name or nature, including administrative orders and proceedings and arbitration, which SPCA of Tennessee sustains or incurs. This indemnity covers all claims regarding property loss, personal injury, or death, resulting in any way or in any manner connected with INDEMNOR’s adoption of an animal, hereinafter referred to as the "PET," identified by SPCA of Tennessee with the name specified in the "Name of Pet" section above and Microchip Number specified in the "Pet's Microchip Number" section above (if available).
2. Assumption of Risk:
The INDEMNOR assumes full risk of any loss, injury, or damages whatsoever occurring, caused by, or related directly or indirectly to the PET upon or after transfer of PET to the INDEMNOR.
3. Legal Costs:
This right of indemnity shall include attorney’s fees and any and all civil or administrative defense costs as incurred.
4. Covenant Not to Sue:
This Agreement is also a covenant not to sue SPCA of Tennessee for any cause or matter referred to herein, and INDEMNOR agrees that the provisions contained herein are intended to be as broad and inclusive as permitted by the laws of the State of Tennessee. If any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and legal effect.
5. Acknowledgment of Pet's Behavior Issues:
The INDEMNOR acknowledges that SPCA of Tennessee has informed INDEMNOR that, in SPCA of Tennessee’s professional opinion, PET needs a guardian experienced with rehabilitating animals with behavior issues, including aggression toward people and/or other animals. INDEMNOR further acknowledges that SPCA of Tennessee is transferring ownership of PET to INDEMNOR solely and exclusively because INDEMNOR has identified him or herself as qualified and willing to take on such PET.
IN WITNESS WHEREOF, INDEMNOR has executed this document, with full and complete knowledge of its effects, as of the day and date first above specified.
