5.8 Intact. The Dog does not have to be neutered or spayed in order to be accepted at the Kennel but if a female dog becomes “in heat” during her stay, the Kennel reserves the right to charge additional fees and the Owner agrees to pay any and all additional fees. The Kennel will not be liable if the Dog becomes pregnant during the Dog’s stay and the Owner will be responsible for any and all costs associated with the pregnancy.
5.9 Personal Property. The Kennel shall not be responsible or liable for any lost, stolen, or damaged personal property belonging to the Owner and left with or for the Dog.
5.10 Authorized Contact. The Owner shall not hold the Kennel responsible for releasing the Dog to any person the Kennel has been advised by the Owner as authorized to pick-up the Dog.
5.11 Breach. The Owner accepts all responsibility for their actions which are in breach of the terms and conditions of this Agreement.
5.12 Release. The Owner agrees to release, indemnify and hold harmless the Kennel from any and all manner of damages, claims, loss, liabilities, costs, or expenses arising out of or related to the services provided by the Kennel.
5.13 Photography. The Owner consents to the Kennel taking, keeping, and posting photographs of the Dog during its stay. These photographs may be used for promotional purposes on the Kennel's website, social media, and other marketing materials, as well as to provide updates to the Owner about the Dog's stay.
5.14 Bite Risk Dogs: If the Dog is booked as, or is deemed by the Kennel to be, a Bite Risk dog at the Kennel's sole discretion, the following conditions apply:
(a) Handling. The Owner acknowledges and agrees that due to the nature of a Bite Risk dog, direct human contact with the Dog may be limited or entirely absent during the Dog's stay. The Kennel reserves the right, at its sole discretion, to determine the level of handling, if any, that staff will provide to the Dog at any time during its stay. The Owner acknowledges that the Kennel will provide food, water, and a clean environment to the Dog throughout its stay, however such care will be administered in a manner that prevents or minimizes direct contact with the Dog, as determined by the Kennel at its sole discretion. The Owner further acknowledges that routine grooming and physical maintenance of the Dog, including but not limited to coat care and skin inspections, may not be possible during the Dog's stay due to the Dog's temperament, and that the Kennel shall bear no liability for any deterioration in the Dog's physical condition arising from the Kennel's inability to perform such care safely. The Owner further acknowledges that in circumstances where the Dog has soiled itself, the Kennel's ability to clean the Dog directly may be limited or entirely prevented by the Dog's temperament, and that the Kennel shall bear no liability for any discomfort, skin irritation, infection, or other condition arising from the Dog's contact with its own waste where direct cleaning of the Dog cannot be safely performed.
(b) Emergency Procedures. The Owner acknowledges and agrees that in the event of any emergency, regardless of its nature or severity, the safety of Kennel staff and the public shall take precedence over the safety and welfare of the Dog. The Owner specifically acknowledges that under no circumstances will the Kennel's staff physically interact with, move, or evacuate the Dog from its indoor or outdoor enclosure. The Owner accepts that in emergency situations, the Dog will be entirely without human assistance and that this may result in serious injury or death of the Dog. The Owner accepts full responsibility for all outcomes arising from such circumstances and agrees that the Kennel, its employees, and agents shall bear no liability whatsoever for any injury, suffering, or death of the Dog resulting from any emergency situation.
(c) Injury and Veterinary Care. The Owner acknowledges that due to the nature of a Bite Risk dog, the Kennel's ability to assess, treat, or transport the Dog in the event of illness or injury may be limited or entirely prevented by the Dog's temperament. The Owner acknowledges that the Kennel's standard injury assessment and veterinary care procedures, as described in Article 4.9, may not be possible for a Bite Risk dog. The Kennel will make reasonable efforts to contact the Owner in the event of an observed illness or injury, however the Owner acknowledges that the Kennel's ability to act upon the Owner's instructions may be constrained by the Dog's temperament and the safety of Kennel staff and the public. The Owner accepts full responsibility for all outcomes arising from the Kennel's inability to assess, treat, or transport the Dog due to its temperament, and agrees that the Kennel, its employees, and agents shall bear no liability for any deterioration in the Dog's condition arising from such circumstances.
(d) Release of Liability. The Owner acknowledges that the Dog's temperament constitutes the primary risk in any incident involving the Dog during its stay. The Owner further acknowledges that the Kennel, its employees, and agents are human and that inadvertent errors, including but not limited to equipment malfunctions or procedural lapses, may occur notwithstanding the Kennel's policies and procedures for Bite Risk dogs. Accordingly, the Owner agrees to release, indemnify, and hold harmless the Kennel, its employees, and agents from any and all claims, damages, losses, costs, or liabilities of any kind arising out of or in connection with the Dog's stay, including those arising from the ordinary negligence of the Kennel, its employees, or agents. This release does not apply to gross negligence or wilful misconduct on the part of the Kennel.
(e) Escape. The Owner acknowledges that in the event the Dog escapes from its enclosure for any reason, including equipment malfunction or procedural lapse, the Dog's temperament creates a heightened risk to staff, other animals, and the public. The Owner acknowledges that the Kennel's ability to safely recapture or contain the Dog may be limited or entirely prevented by the Dog's temperament, and that staff shall not be required to place themselves in danger in order to do so. The Owner accepts full responsibility for any and all consequences arising from the Dog's escape, including any injury to persons, other animals, or property, and agrees that the Kennel, its employees, and agents shall bear no liability for any such consequences, including those arising from the ordinary negligence of the Kennel. This release does not apply to gross negligence or wilful misconduct on the part of the Kennel.
(f) Third Party Claims. The Owner acknowledges that due to the Dog's designation as a Bite Risk dog, any bite or attack by the Dog during its stay may result in claims, damages, or legal proceedings by third parties, including but not limited to staff, other dog owners, visitors, or members of the public. The Owner agrees to indemnify and hold harmless the Kennel, its employees, and agents from any and all third party claims, legal costs, damages, and expenses arising from any such incident. The Owner further acknowledges and accepts full responsibility for any regulatory, municipal, or legal consequences arising from the Dog's actions during its stay, including but not limited to any destruction order, quarantine requirement, or regulatory proceeding initiated as a result of the Dog's behaviour.
(g) Continued Responsibility. Notwithstanding any other provision of this Agreement, the Owner remains solely responsible for any and all acts of the Dog during its stay, including any injury to persons, other animals, or property, regardless of the circumstances giving rise to such incident.
(h) Acceptance of Bite Risk Designation. The Owner acknowledges and agrees that the Kennel's determination that the Dog is or has been designated as a Bite Risk dog is made at the Kennel's sole and final discretion. The Owner agrees that such designation is non-negotiable and that the Owner has no recourse against the Kennel arising from or related to such designation. The Owner further agrees that the conditions set out in this clause 5.14 apply in full from the moment such designation is made, regardless of whether the designation occurs prior to or during the Dog's stay.
The Owner further acknowledges that a Bite Risk designation, once made, is permanent and applies to all future stays of the Dog at the Kennel, regardless of how any subsequent booking is categorized or whether the Bite Risk designation is reflected in any individual booking. The Owner accepts that it is their sole responsibility to ensure all bookings accurately reflect the Dog's Bite Risk designation and that the conditions of this clause apply in full to every stay of the Dog at the Kennel following such designation.
(i) Additional Fees. The Owner acknowledges and agrees that the designation of the Dog as a Bite Risk dog may result in additional fees above the standard rate for the applicable service. The Kennel reserves the right to determine and apply such additional fees at its sole discretion, with or without prior notice to the Owner. The Owner agrees to pay any and all such additional fees in accordance with the payment terms set out in Article 2 of this Agreement.