I represent to Barkside Detroit LLC, Barkside OC LLC, and any and all other current or future Barkside entities, affiliates, or successors (collectively, “Barkside”) that I am aware of no physical or mental restrictions that would prevent me from safely using the Barkside or enter into this agreement. I acknowledge that use of the Barkside is potentially dangerous and involves the risk for injury, death, or property damage, including but not limited to dog bites, scratches, collisions, broken or sprained limbs, and any other injury or harm. I assume full responsibility for the risks associated with use of the Barkside and hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns to: (A) Waive, Release, and Discharge, to the maximum extent permitted by law, the following entities or persons from any and all past, present and/or future claims liability for my death, disability, personal injury, property damage, property theft, or actions of any kind, whether based on tort, contract, property damage, common law, statute, or any other theory of recovery, which I now have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen claims, expenses and damages, including but not limited to compensatory damages for and/or punitive damages, arising out of any claims resulting or relating to use of the Barkside, their respective past, present or future administrators, affiliates, agents, associates, associations, assigns, attorneys, beneficiaries, corporations, directors, divisions, employees, executors, firms, grantees, heirs, independent contractors, insurers and reinsurers, joint venturers, landlords, managers, members, officers, parents, partners, partnerships, predecessors, representatives, servants, shareholders, successors, subsidiaries, transferees, trustees, vendees, volunteers, legal and equitable owners and all persons and legal entities acting by, through, under, or in concert with them, as well as all persons and legal entities who could suffer or sustain liability by, through, or under any of them; and to the maximum extent permitted by law (B) Indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims mentioned in this paragraph made by other individuals or entities as a result of or relating to my use of the Barkside. The waiver and indemnification provisions in this paragraph shall include, without limitation, all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this document, and the cost of pursuing any insurance providers, incurred by or awarded against Barkside or any other releasees in a final judgment.

I acknowledge and agree that I will, upon entering and continuously thereafter, inspect the area where I will be permitted with my dog, monitor my dog, and determine that it is safe and suitable for my dog's presence and further agree that if, at any time, I feel anything to be unsafe, including the threat from other dogs, I will immediately advise a Barkside employee of such unsafe condition(s) and will leave the area with my dog.

 I further warrant and represent that my dog has received its annual vaccinations, including Rabies, Distemper (DHPP, DHLPP, DA2PP), and Bordetella vaccinations, is in good health and proper physical condition and is able to tolerate the presence of crowds and other dogs and does not demonstrate dangerous or aggressive behavior towards persons or other dogs. For reasons of safety and convenience, I agree to abide by all rules, regulations, instructions, and directions given by any Barkside employee, without limitation, and to promptly leave Barkside with my dog if asked to do so for any reason whatsoever.

I hereby consent to receive medical treatment for myself or my dog, which may be deemed appropriate in the event of injury, accident, and/or illness.

I accept full responsibility for any and all injury to any person, or damage to any property, in connection with the use of the Barkside by myself or by any dogs which I bring to the Barkside.

I acknowledge that I have had a full and fair opportunity to review this agreement and relied entirely on my own judgment. I agree not to challenge this agreement as illegal, invalid and/or unenforceable.

Notwithstanding any membership agreement by and between Barkside and me, this document constitutes the sole and entire agreement of Barkside and me with respect to the subject matter contained herein. If any term or provision of this document is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this document or invalidate or render unenforceable such term or provision in any other jurisdiction. This document is binding on and shall inure to the benefit of Barkside and me and our respective successors and assigns. 

I agree that if I bring any persons under 21, I am fully responsible for any and all injuries to said persons.

I agree to abide by the Dog Entry Requirements and General Rules of Barkside. 

I certify that I have read the Dog Entry Requirements & General Rules, and further certify that I agree to its content.

 

Dog Entry Requirements & General Rules

1. Dogs must have a valid day pass, monthly membership, or annual membership.
2. Dogs must be at least six (6) months old.
3. Dogs one (1) year or older must be spayed or neutered.
4. Dogs must be up to date on Rabies, DHLPP/Da2PP, and Bordetella vaccines.
5. Dog owners must upload valid vaccine records for their dog(s) by going to www.BarksideDogBar.com prior to visiting Barkside.
6. All dogs must wear a harness or collar while on the premise; training collars are not permitted.
7. Dogs must have suitable social skills for group play and not show aggression towards other dogs and/or humans.
8. Dogs must be in good health.
9. Currently, foster dogs are not allowed.
10. Dogs displaying excessive barking, bullying, or aggression are not permitted.
11. A maximum of two (2) dogs per person is allowed. Dogs can enter Barkside only with the primary or secondary owner listed on their profile.
12. Dogs must remain off-leash in designated areas and on-leash in designated areas. Please refer to the posted signage.
13. Smoking, external food, drinks, and/or glass containers are prohibited.
14. Any form of rudeness or discrimination is unacceptable.
15. No weapons are allowed.
16. External dog toys and treats are not permitted due to potential aggression issues.
17. Dogs will undergo a temperament assessment on their first visit. Dogs that do not pass the test will be prohibited from obtaining a day pass or membership.
18. Barkside is not a daycare facility; owners are fully responsible and liable for their dogs' safety and behavior.
19. If aggressive behavior or an escalated situation is observed, Barkside team members reserve the right to reposition involved dogs and may ask owners and their dogs to leave the premise.
20. In the event of an escalated situation or dog fight, owners are responsible for separating and removing their dog(s) from the situation.
21. Owners consent to being photographed or recorded for any purpose while on Barkside's premises, and Barkside Detroit LLC will retain sole ownership of all said photographs or recordings.
22. All persons under the age of 21 must be accompanied by an adult and must be under strict adult supervision at all times. To help keep everyone safe, children may not run in the park, or roam without the accompaniment of an adult.

 

MEMBERSHIP AGREEMENT

Membership fees are non-refundable, except in the event that Barkside is unable to provide the services promised at the time of this Agreement's signing. In such cases, the Buyer will receive a prorated refund. The Buyer understands that memberships are non-transferable.

Monthly and Annual membership fees are prepaid and automatically debited from the Buyer's chosen payment method (credit card or debit card) on the anniversary of their membership activation.

By enrolling in an auto-debit arrangement, the Buyer grants Barkside permission to automatically charge the designated payment method for monthly or annual payments on the scheduled billing due date.

The Buyer has the freedom to terminate their Membership at any time. Cancellation requests must be communicated via phone, email, or in-person contact, prior to their next billing payment due date. Failure to provide timely notice will result in a charge for the full upcoming billing payment, and the cancellation will take effect in the subsequent month.

Barkside retains the authority to deny entry to the facility or access to membership within the facility for any reason and may, at its sole discretion, terminate a membership or expel an individual and/or their dog from the facility. In cases of membership termination, Barkside holds the right to either retain or refund prorated fees as deemed appropriate.

 

Electronic Signature Consent and Agreement

By signing this document electronically, you agree and consent to the following terms:
1. Legal Binding Effect. You acknowledge that your electronic signature is the legal equivalent of your handwritten signature under the Michigan Uniform Electronic Transactions Act (MCL § 450.831 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.). Your electronic signature constitutes your agreement to be bound by the terms and conditions of this document.
2. Intent to Sign. You confirm that you intend to sign this document electronically and that your electronic signature carries the same legal weight as a traditional handwritten signature.
3. Consent to Electronic Transactions. You consent to conducting this transaction electronically, including the use of electronic signatures, in lieu of paper-based documents and handwritten signatures.
4. Authority to Sign. You represent and warrant that you have the legal authority to sign this document and to bind the party on whose behalf you are signing.
5. Compliance with Michigan Law. This electronic signature process complies with the Michigan Uniform Electronic Transactions Act (UETA) and other applicable laws governing electronic signatures in the state of Michigan.
6. Retention of Records. You acknowledge that a copy of this electronically signed document will be retained and made available to you upon request.
7. Withdrawal of Consent. You understand that you have the right to withdraw your consent to use electronic signatures at any time by providing written notice to the other party. However, any transactions completed before your withdrawal of consent will remain valid and enforceable.
8. Technical Requirements. You confirm that you have the necessary hardware, software, and internet access to review, sign, and retain electronic documents.

By electronically signing or similar prompts, you acknowledge that you have read, understood, and agreed to the terms outlined above and that your electronic signature is legally binding under Michigan law.