This agreement is between The Dog Patch, Inc. (hereinafter referred to as “Facility”) and the pet owner whose signature appears below (hereinafter referred to as “Pet Owner”.
1) Pet Owner certifies the accuracy of all information conveyed to the Facility about the Owner’s pet.
2) Pet Owner specifically represents to the Facility pet has not been exposed to rabies, distemper or any other contagious or communicable disease within a thirty-day period prior to being left for boarding, daycare, or grooming. Pet Owner agrees to notify Facility of exposure to any virus, infection or other transferable illness. Pet Owner will not bring pet to Facility until pet is symptom free for a reasonable period to be determined by pet’s veterinarian or until written approval is obtained from a veterinarian. Pet Owner agrees not to bring pet to Facility if pet is exhibiting any signs of illness that may be harmful to other dogs in attendance, such as: vomiting, diarrhea, extreme lethargy, etc. without first obtaining approval from the Facility.
3) Pet Owner represents credit card information provided to the Facility is accurate.
4) Pet Owner further represents all information provided to the Facility about Pet Owner is accurate, and that Pet Owner is over 21 years of age.
5) Pet Owner specifically represents that he or she is the sole owner of the pet delivered to the Facility pursuant to this Contract, free and clear of all liens and encumbrances.
6) Pet Owner agrees to pay the current Facility rate for daycare and/or boarding in effect on the date Owner checks pet into the Facility.
7) Pet Owner agrees that if pet becomes ill, if the state of the pet’s health declines, or if emergency veterinary care is needed, the Facility and its employees, in their sole discretion, acting in the Pet Owner’s behalf, may engage the services of a veterinarian, administer medicine or give other requisite attention to the pet. All related expenses will be paid by the Pet Owner. Pet Owner agrees to indemnify and holds the Facility and its employees harmless from said expenses.
8) Pet Owner agrees to pay all charges for special services requested for pet during the time said pet is in the care of the Facility.
9) Pet Owner agrees the Facility may collect amounts owed due to Pet Owner’s failure to comply with the Facility’s Cancellation Policy by charging such amounts to Pet Owner’s credit card provided to the Facility. All other charges incurred by Pet Owner shall be payable upon pick-up of Pet Owner’s pet. Pet Owner further agrees the Facility shall have the right to refuse to release pet to Pet Owner until Pet Owner has paid all charges due to the Facility. A lien will be placed on Pet Owner for any and all unpaid charges resulting from boarding, daycare, or any other service provided by the Facility.
10) Pet Owner assumes any and all expenses or liability for injuries that Pet Owner’s pet may inflict upon any human or other pet while in the Facility. Pet Owner agrees to indemnify and hold the Facility and its employees harmless from any and all expenses and liability incurred as a result of injuries Pet Owner’s pet inflicts upon any human or other pet while in the Facility.
11) Pet Owner grants the Facility the right to take photographs of the Pet Owner’s pet while the facility is caring for Pet Owner’s pet, and to post or reproduce any and all photographs taken (as well as Pet Owner’s pet’s name) on or in, without limitation, the Facility’s web site, promotional materials and merchandise, without becoming liable to the Pet Owner (or the Pet Owner’s pet) for royalty payment of any kind. Owner hereby releases covenants not to sue, and forever discharges the facility of and from any and all claims, demands, rights, and causes of action of whatever kind and nature including, but not limited to, appropriation of the picture or name of pet owner’s pet for commercial advantage, publication of facts placing the pet owner and/or pet owner’s pet in a false light, and public disclosure of private facts about the pet owner and/or pet owner’s pet, arising out of or relating to any photographing of or use of photographs of pet owner’s pet pursuant to the authority owner has granted the facility in the sentence immediately preceding this sentence.
12) The Facility shall exercise reasonable care for the Pet Owner’s pet while pet is in the Facility’s custody. The Pet Owner recognizes the potential risks involved with group play/dog daycare, boarding, and grooming due to the unpredictable nature of dogs.
13) Facility reserves the right to change the level or type of daycare/boarding or remove the pet from group play, if in its sole discretion it is believed necessary to ensure the safety of the pet, other dogs, or its employees.
14) Pet owner expressly agrees that facility’s liability shall in no event exceed the current chattel value of a pet of the same species as the pet delivered by pet owner to the facility pursuant to this Agreement.
15) This Contract contains the entire agreement between the parties. All terms and conditions of the Contract shall be binding on the heirs, administrators, personal representatives and assigns of the Owner and the Facility.
16) Any controversy or claim arising out of, or relating to the Agreement, or the breach thereof, or as the result of any claim or controversy involving the alleged negligence by any party to this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by an arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall, as part of his/her award, determine an award to the prevailing party of the costs of such arbitration and reasonable attorney’s fees of the prevailing party.