VOSD Surrender Agreement

I accept that this Agreement is between the VOSD Sanctuary & Hospital and between The Voice of Stray Dogs, a trust registered & incorporated under the provisions of the Societies Act of India and having its registered office at the TWB Building, 1062, 19th Main, HAL II Stage Bangalore 560008, and hereinafter referred to as “VOSD” which term shall, unless repugnant to the meaning or context thereof, be deemed to mean and include its successors, affiliates and permitted assigns)

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I accept that I, on my own accord, wish to surrender a stray or a pet dog to VOSD. I accept that this dog is in my possession and is not encumbered or with any other claims to its ownership (hereinafter surrenderer or second part)

DEFINITIONS

• “Agreement” means the entire content of this document, together with other Supplements, Exhibits, or additional Schedules as may be attached hereto and incorporated herein by reference.
• “Surrender” will mean giving an un-encumbered dog to VOSD for it to permanently live at the VOSD Sanctuary & Hospital under one or many provisions for surrendering dogs listed on the VOSD website from time to time.
• “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Copyright Law.
• “Trademarks” means trade names, words, symbols, designs, logos, or other devices or designs used to designate the origin or source of goods or services.

CONFIDENTIAL INFORMATION

• I accept that all the exchange of information between me and VOSD will be considered “Confidential Information”. This may include all exchange of information including that is proprietary, technical and business information and materials including VOSD’s operating procedures, finances, details of dogs, medical procedures etc.
• I accept that I shall hold and maintain in the strictest confidence all Confidential Information, and shall not disclose Confidential Information to any third party directly or indirectly on social sites etc.

INDEMNIFICATION

• I accept that I shall defend, indemnify, protect from liability, and hold harmless VOSD and its trustees, officers, and employees from all claims, suits, actions, demands, damages, liabilities, expenses (including fees and disbursements of counsel), judgments, settlements, and penalties of every kind, including but not limited to any claims by any guardians of the surrendered dog as a result of, or arising out of the surrender of the dog the VOSD Sanctuary.
• I accept that VOSD shall not be liable for any third-party claims and any losses including any indirect consequential losses and further that I indemnify and keep VOSD, its, trustees, volunteers, officers, agents and employees, duly indemnified against any such claims & losses.
• I accept that I shall notify VOSD in writing of any suits, claims, or demands covered by this indemnity. Promptly after receipt of such notice, I shall assume the defence of such a claim or claims with counsel reasonably satisfactory to VOSD.
• I accept that if I fail, within a reasonable time after receipt of such notice, to assume the defence with counsel reasonably satisfactory to VOSD, or if, in the reasonable judgment of VOSD, a direct or indirect conflict of interest exists between the parties with respect to the claim, or if in the sole judgment of VOSD the assumption and conduct of the defence would materially and adversely affect VOSD in any manner or prejudice its ability to conduct a successful defence, then VOSD shall have the right to undertake the defence at my expense.
• I accept that, notwithstanding the above, if VOSD in its sole discretion so elects, VOSD may also participate in the defence of such actions by employing counsel at its expense, without waiving my obligations to indemnify or defend.
• I accept that I shall not settle or compromise any claim or consent to the entry of any judgment without the prior written consent of VOSD and without an unconditional release of all liability to VOSD.

TERM AND TERMINATION

I agree that this Agreement shall commence upon my acceptance and shall continue for a period of 5 years from the date of acceptance.

I FURTHER ACCEPT

• That, all notices to be given hereunder shall be transmitted in writing either by electronic mail with return confirmation of receipt or by certified or registered mail, return receipt requested and shall be sent to the addresses identified in the signature execution section below unless notification of change of address is given in writing. Notice shall be effective upon receipt or in the case of fax or email, upon confirmation of receipt.
• That I shall not assign, whether in writing or orally, my obligations under this Agreement or permit the same to be transferred, assigned, or encumbered by operation of law or otherwise, without the prior written consent of VOSD.
• That the formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the Republic of India in the jurisdiction of Bangalore, Karnataka.
• That whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
• That the numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
• That this Agreement comprises the entire understanding of the Parties hereto on the subject matter herein contained and supersedes and merges all prior and contemporaneous agreements, understandings, and discussions between the Parties relating to the subject matter of this Agreement.

By their execution, I have agreed to all of the terms and conditions of this Agreement effective as of the last date of acceptance of this agreement and online submission of the accompanying form confirming acceptance of this agreement, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective Party to all of the terms and conditions herein.