Added: 2010-08-19
For the reception of ESF animals by privates the ESF use a model contract. Divergency in special cases is possible.
Contract for the reception of ESF animals
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Concerning ........................ (...............), from ................................, 2010.
The European Studbook Foundation (to be called ESF hereafter) established in Schiedam, the Netherlands by license of the executive committee of the ESF legally represented in this transaction by the secretary .....................,
on the one hand,
and
Mr. /Mrs. : ........................................
Living at : ........................................ Postal code: ..........
At : ........................................ No.: ......
Telephone : 0.......................................
Email : ....................@...................
(to be called: the keeper hereafter),
on the other hand,
considering that
- the ESF is the owner of the present animals and keeps the ownership of them also for the rest of their lives,
- the ESF wants to enable private persons or zoos to keep, care for and possibly breed with these animals if they meet the conditions mentioned below and have signed this contract,
Furthermore that
- the keeper has declared that he will cooperate in this
declare that they have agreed the following:
Article 1.
The ESF has put at the disposal of the keeper on .............., 2010
for an indeterminate period of time:
Species : ............................ (..................)
Number : ......... (.................)
Sex : male/ female/ unknown
Studbook numbers : ............................
CITES-number(s) :.............................
Transponder(s) ID :.............................
Article 2.
The ESF is and stays the owner of the animals. The keeper is obliged to keep hold of the animals. He/she is only authorized to dispose over the animals in any way after an express written consent by the ESF, under penalty of confiscation and the paying of damages to the maximum amount of the current economic value of each animal without the requisite of legal intervention.
Article 3.
The ESF is entitled in case of conditions imposed upon her as owner or upon initiative of their own accord, to impose conditions on keepers concerning the keeping and care for the above mentioned animals (breeding included). The keeper is obliged to follow these conditions on penalty of termination of this contract by the ESF.
In this case, the keeper will be obliged to make the animals (any offspring included) available to the ESF for their own cost or to any other person indicated by her, without any remittance from the ESF. In cases when this is wholly or partially impossible, article 2 of this contract will become applicable.
Article 4.
As compensation for keeping, caring and possibly breeding with the animals, the keeper will pay the costs of the account per animal when the amount is known to the treasurer of the ESF. These costs are based on the transportation, the necessary documents for import, clearance and Customs, and possible other relevant costs. These calculated costs per animal have to be paid by the keeper within a month after receipt of the bill,in failing to do so the executive committee can unilaterally decide to call the contract void without legal intervention.
Article 5.
The animals will be recorded in the studbook for this species,whereby the keeper is obliged to fulfil all obligations which the studbook manager will put to him. Among this will certainly be an annual report to the studbook manager.
Article 6.
The keeper will forward a written change of address within a month after moving,to the ESF.
Article 7.
During a period of one year from the moment of receiving the animals, the keeper will keep the ESF informed about any medical problem the animals will experience. In case this problem has consequences for the other animals that are placed, the ESF will inform all other keepers immediately. An adequate treatment or course of action will be proposed,if possible.
Article 8.
When an animal dies,the keeper is bound to preserve this animal adequately and consult with the studbook manager of this species about conducting a possible autopsy. In case the keeper does not comply with the rules in this article, the current economic value of the animals will reimbursed to the ESF without legal intervention.
Article 9.
When a keeper is not able, for any reason whatsoever,to care for the animal/animals,he or a person designated by him, should consult the studbook manager in order to find a solution.
In case of a permanent inability to care for the animals, the ESF is obliged to place the animals elsewhere as soon as possible but in any case within a month.
When a keeper does not want to care for the animals anymore, the ESF will outplace the animals within 6 months. Up to this moment the keeper is hold to care for the animals in accordance with the articles in this contract.
Article 10.
As special condition the keeper is permitted to breed with the concerning animals. In case these attempts lead to successful breeding results, the keeper will be for ......... % (.................. per cent) owner of these hatchlings and is authorized to have the disposal of them completely free. The remaining hatchlings (maximum ......... per year) become property of the ESF and will be considered to fall under the operation of this contract.
The ESF can only differ of the above mentioned percentage in favour of the keeper.
Article 11.
In all cases not covered by this contract, the committee of the ESF will decide. This goes for any difference of opinion on any article.
Article 12.
Dutch law is applicable to this contract. The qualified judge is the judge of The Hague district in the Netherlands
Date: ..........................., 2010
Signed at : ....................., ............ ..........................., the Netherlands
Keeper, On behalf of the ESF,
...................................... ......................................
...................................... .......................secretary