MODEL ESF CONTRACT for the reception of ESF animals

For the reception of ESF animals by privates the ESF use a model contract.
In connection with the ESF categories (A,B, or C) difference in conditions is possible. The conditions for ESF Category A animals are the most extensively and the conditions for ESF Category C animals are the most simple.

Contract for the reception of ESF animals

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Concerning confiscated  ........................(Latin scientific name......... (.........English name.........) from ......
…………………………………………….………………………………………………….
………………………………………………………………………………………………..

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                 :  ..............................................................
Domicile / Country   :  ........................................., ........................... Postal code: ..............
At                          :  ..............................................................         No.: .......
Telephone               :  +.................................................
Email                      :  ...................................................
(to be called: the keeper hereafter),
on the other hand,

Considering that
-          the ESF is the legal 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 and 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 fully cooperate with the ESF in order to assure the health of the animal(s) and to achieve the goals of the concerning studbook and the ESF,

declare that they have agreed the following:

Article 1.

The ESF has put at the disposal of the keeper in ………. 20... for an indeterminate period of time:
Species                     : ............Latin scientific name............ (......English name.......)
Number                     : ........ (.........)
Sex                           : male/ female/ unknown
Studbooknumber(s)    : ...................................................   ID =  …........................
CITES-number(s)        : ............................................................................................
Micro transponder number(s) : ............................................................................................
…………………………………...............................................................................…………………………

Article 2.

The ESF is and remains the owner of the animals. The keeper is allowed to keep and care for 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.

1. Concerning confiscated animals, which become ESF animals applies the following provision:
As compensation for the possibility of keeping, caring and possibly breeding with the animals, the keeper pays to the ESF a contribution per animal to the costs of the posting.
These costs are based on – if applicable- the transportation, any import costs, the medicines which had to be administered, customs, CITES permits or any other necessary costs.

Note: These contribution have to be paid by the interested party no later than upon the receipt of the ESF animals, in failing to do so the executive committee decides unilaterally to cancel the participation of the interested party.

2. Concerning the transfer of offspring of ESF animals, which stay ESF animals for the rest of their lives, applies the following provision:
The ESF and the interested party agree on any contribution to the ESF.

3. In all other cases all concerned parties make mutually an agreement on any contribution.

Article 5.

The animals will be recorded in the studbook or separate registration for this species, whereby the keeper is obliged to fulfil all special obligations which the studbook manager will ask him. Among this will certainly be an annual report of the well-being of the animals to the studbook keeper.

Article 6.

The keeper will forward a written change of address within a month after moving, to the ESF administration.

Article 7.

Concerning confiscated animals, which become ESF animals applies the following provision:
During a period of  one year from the moment of receiving the animals, the keeper will keep the ESF informed about any medical problem of the animals. 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.

Artile 8.

When an animal dies, the keeper is bound to preserve this animal adequately and consult with the studbook manager of this species (or the Board in case of a special registration) about conducting in special cases 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.

Note: This article applies in any case not for ESF categories B and C animals.

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 (or the Board in case of a special registration) 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.
When a keeper does not want to care for the animals anymore, the ESF will outplace the animals also as soon as possible. Up to this moment the keeper is hold to care for the animals in accordance with the articles in this contract.

Article 10.

The keeper is permitted to breed with the concerning animals. In case these attempts lead to successful breeding results, the keeper becomes owner of ......... % (..................... per cent) of these offspring and has absolutely full disposition of them.
When below 100% the remaining hatchlings become property of the ESF and will be considered to fall under the operation of this contract.
The ESF may be differ from the above-mentioned percentage only in favor 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:  .......................,  20....
Signed at ............................, ..........................                 ………………………., the Netherlands

Keeper,                                                                           On behalf of the ESF ,
 
......................................................................                  ................................................................
......................................................................                  .............................................…., ESF

  

 

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Last Updated on Monday, September 11 2017