Lakota Creek Kennels

This Contract is entered into by and between Lakota Creek Kennels LLC (referred to herein as “LCKs”) and:

1. Board & Train Summary

A. General Training Information: 

Owner has requested that LCKs provide Board and Train services for the Owner’s dog. The Owner represents that he/she is the lawful owner of the dog and has the sole right to enter into this Contract. LCKs will work daily with Owner’s dog on training items. Board and train focuses on assisting the Owner with various training areas which may include any one or more of the following: 

(a) beginner and puppy foundation training; 

(b) leash pressure; 

(c) off-leash training; 

(d) behavior modification; 

(e) dog/human aggression; 

(f) fear and anxiety; 

(g) eliminating bad habits and behaviors;

(h) hunting training

However, the specific items of what will be focused on during this board and train will be set forth in detail below.

B. No Guarantees: 

This Contract in no way guarantees or promises that all items discussed by the Owner will be resolved or that all items addressed in the Board and Train will be successful. LCKs will, however, discuss with the Owner which training areas will be needed and worked on. By initialing where indicated at the end of this paragraph, the Owner expressly acknowledges that there are no guarantees as to what is accomplished in training since there are so many factors for each dog when it comes to training successes including the length of time the dog is in the board and train program, whether the dog has any prior training, genetics, prior bad experiences, age and health of the dog. The Board & Train costs cover the boarding and the trainer’s time. It does not cover a guaranteed outcome as there are no guaranteed outcomes.

C. Owner Must Continue Training at Home: 

**Even more important is the Owner’s understanding that continued training MUST REGULARLY HAPPEN AT HOME BETWEEN DOG AND OWNER after the Board & Train has been completed. Homework will be given at the start of training and that MUST be completed while your dog is in training. Following the Board & Train, it is the Owner’s responsibility to contact LCKs to discuss and schedule follow up training sessions, as needed. The specific commands, training style and recommended tools used and recommended by LCKs must be carried over in the Owner’s training and the Owner acknowledges the importance of this by intialing here:

D. Dog Socialization. 

Depending on the needs of the dog, Owner understands that the dog will enjoy individual attention and, if permitted by LCKs, socialization with other dogs. Like children on a playground, dogs can get scratches, nicks or bites as they interact with other dogs. Owner acknowledges that animals are unpredictable and there is possibility of injury to his or her dog, or another dog during such controlled socialized activities. In fact, while the dogs are carefully monitored by LCKs trainers, to prevent injury, it is still possible that during the course of normal socialization, the Owner’s dog may get injured. If choosing the option of socialization, the Owner, however, agrees that the benefits of socialization outweigh the risks and accepts the risks.

 

Initial here, if you specifically do NOT want your dog to engage in any socialization with other dogs:

 E. Pick-Up of Dog and Exit Training Session:

i. Upon the scheduled and confirmed pickup of the dog, the Owner will be provided with a one-on-one, private training session to ensure that the Owner is educated on the training methods used by LCKs and so that the Owner can begin to learn the proper techniques and knowledge to continue the dog’s training success at home. It is acknowledged that the Owner is responsible for attending the scheduled pickup and training session. LCKs shall, in its sole discretion, determine how long the training session will take place.

ii. If the Owner is 20-60 minutes late for the pick-up/exit training session, the Owner will be charged $45.00 due immediately and LCKs has the sole option of rescheduling the exit training session. If the Owner is more than one hour late to the scheduled pick-up/training session, the Owner will be charged $75.00 for every hour he/she is late. Such late fee is due at the pick-up and LCKs has the sole option of rescheduling the exit training session.

iii. The Owner acknowledges that following the paid Board & Train program, the Owner may schedule free training sessions to clean up and refresh the training skills specifically worked on during the Board & Train. It is the Owner’s responsibility to reach out to LCKs and schedule these sessions. Once LCKs receives a call from the Owner to schedule a refresher session, the Owner will be advised of the available dates. The Owner understands that there may be a waiting period to get back in for a refresher, depending on how far out LCKs is scheduled. The Owner also understands that the free sessions only pertain to refresher training on the behaviors worked on in the Board & Train. If there are other issues that the Owner wants addressed, this will be discussed with the Owner and the Owner will be charged a training fee. The Owner acknowledges that if he/she schedules one of these follow-up refresher sessions, there will be no charge to the Owner UNLESS the Owner cancels with less than 24 hours’ notice or fails to show at all. In that case, the Owner will be charged $50.00 for the session.

2. Schedule & Payment

A. Full Payment due at Drop Off. LCKs acknowledges that a non-refundable 50% deposit was paid by the Owner as deposit for the Board & Train. Full payment for board and train services is required at drop off. All board and train prices are subject to Iowa State sales tax unless cash payment is made. LCKs accepts cash, check, major credit cards or Venmo. The Owner acknowledges that there are no refunds. Owner agrees to pay in full for any and all services rendered by LCKs and that remaining balances for board and train services must be paid before the dog is taken home. 

 
B. Late Fees for Failing to Pick up Dog on Scheduled Pick-Up Date. In addition, the Owner acknowledges that for each day that the dog remains at LCKs past the scheduled pickup date shown above (or any other date mutually agreed upon by LCKs), there will be an additional $50.00 per day charge due when the dog is picked up, plus any other fees for dog food or other services required by the dog. If agreed to by LCKs and the Owner, the Owner may seek additional time at Board & Train. In that event, the Owner will be charged the difference between what he/she has already paid and the additional time. This additional cost will be paid immediately at the time the dog is picked up.

 
C. No Refunds and No Equipment Provided After Training. Owner understands that LCKs does not give refunds for services rendered or services purchased and not used. The prices agreed to herein do not include training collars, e-collars, special leashes, toys etc. Should such equipment be recommended, the Owner can purchase them directly from LCKs should the Owner choose to. Please again refer to paragraph 1 above and note that payment of the Board & Train program will not be refunded.

 
D. New Issues and/or a Failure to Pay for Services Nullifies Free Future Training. As set forth above in paragraph 1(E)(iii) above, continued, free training, following the Board & Train program is offered for those issues addressed in Board & Train, but will not extend to new and different issues which may arise. If there is any failure to pay, in full or in part, for services provided pursuant to this contract, the promise of free continued training is null and void.

3. Dog Food & Other Items for the Dog

Owner acknowledges that the dog’s food and any needed medication for the duration of the stay is the Owner’s responsibility and should be dropped off with the dog. The Owner acknowledges that he/she may also drop off toys, a dog bed or blankets from home to assist in making the dog as comfortable as possible. However, the Owner acknowledges that there is a chance these items can be damaged or lost. As such, the Owner agrees that LCKs will not be held responsible or liable for any lost, stolen or damaged personal property belonging to Owner or his or her dog. In addition, if the Dog runs out of dog food during its stay at LCKs, the Owner acknowledges that he/she is responsible for reimbursing LCKs for the dog food and said reimbursement is due, in full, at the time the dog is picked up by the Owner.

 

 

4. Owner’s Release & Indemnification to LCKs

Owner agrees to release, indemnify, and hold harmless LCKs from any and all manner of damages, claims, loss, liabilities, costs or expenses, including reasonable attorney’s fees and related costs, arising out of or related to LCKs services, except which may arise from the gross negligence or intentional and willful misconduct of LCKs, including, without limitation, 

     (i) any inaccuracy in any statement made by the Owner or information provided                   by the Owner to LCKs; 

     (ii) the Owner’s dog, including but not limited to destruction of property, dog bites, injury, and transmission of disease, and 

     (iii) any action by the Owner which is in breach of the terms and conditions of this contract. LCKs reserves the right to immediately change his or her dog’s boarding or doggie daycare schedule if LCKs believes it is necessary to protect the health and well-being of the Owner’s dog, other dogs or LCKs staff.

 

 
5. Vaccinations & Documentation

Owner is aware that kennel cough (a/k/a “Bordetella) is a common problem in facilities where there are groups of dogs that intermingle. All of the dogs at LCKs are vaccinated against Bordetella, however there are a number of viruses that can cause the cough and no vaccination will prevent all cases. Owner confirms his/her dog is current on all vaccinations as required by LCKs and understands that complete documentation confirming such vaccination requirements including, but not limited to, Bordetella, rabies and distemper vaccinations shall be required prior to entry at the LCKs facility. In the event that the Owner does not wish to have his/her dog vaccinated against Bordetella, the Owner must complete a waiver provided by LCKs. There will be no other exceptions regarding the other required vaccinations.

 

 6. Flea & Tick Preventative 

Owner confirms his/her dog is free of fleas, ticks, worms and other insects and parasites and that his/her dog is on a flea and tick preventative. LCKs reserves the right to reschedule the board and train if it determines, at its sole discretion, that the dog is not free of fleas, ticks, worms or other parasites since this poses significant risks to other dogs and LCKs staff.

 

7. Emergency Care of Dog 

LCKs will make every attempt to call and contact the Owner and/or Emergency Contact (as previously provided by the Owner) in the event of an emergency situation. The Owner authorizes LCKs to take actions they deem reasonably necessary to ensure the health, well-being, and safety of the Owner’s dog and to take reasonable action to resolve any medical problems that may arise while the dog is in its care. The Owner agrees to assume full financial responsibility for any and all expenses incurred as a result of LCKs actions. The Owner understands that LCKs staff is expected to make a reasonable attempt to contact the Owner and/or the emergency contact before incurring such expenses, that they may need to incur such expenses if they can't reach me, and that an emergency could arise where it would not be feasible for them to contact me before the expense is incurred. In all scenarios, the Owner agrees to take full financial responsibility of the expenses incurred on its dog’s behalf.

 

8. LCK’s Limit of Liability 

It is expressly agreed by Owner and LCKs that LCKs liability shall not exceed the lesser of the current chattel value of the dog of the same species or the sum of $200.00, whichever is less.

 

9. Dog’s Picture, Name and Other Likeness

Owner acknowledges that pictures and videos may be taken of the Owner’s dog for media, marketing and advertising purposes. Owner agrees to allow LCKs to use the Owner’s dog’s name and any images, in any form or format, for use, at any time, in any form of media, marketing, print or advertising without providing the Owner prior notice or fees for same.

 

 

10. Training Techniques Used by LCKs

By participating in our board and train program Owner acknowledges and fully understands that LCKs will employ training tools and techniques that are used to train and modify the behavior of dogs. Furthermore, Owner is aware that dog training at the Upstate Canine Academy can include training tools such as prong collars and e-collars. Owner engages LCKs to provide services for his/her dog as is deemed necessary in the sole discretion of LCKs. It is the Owner’s responsibility to purchase the appropriate training tools recommended by LCKs. If the Owner chooses not to purchase certain tools, LCKs is not responsible for the lack of success in the overall training and may decline to provide free follow-up training at LCKs sole discretion.

 

11. Natural Disaster/Emergency Policy

In the event of a natural disaster including, but not limited to tornado, flooding, earthquake, etc., or other emergency that makes the LCKs facility unusable (i.e., fire, flooding), the Owner understands it is his/her responsibility to pick up the dog (or make arrangements for pick up) in a timely manner and in accordance with any mandatory evacuations, etc. The Owner understands that LCKs will do everything reasonably possible to secure the safety of the dog during a natural disaster and the Owner agrees to indemnify, release, and hold LCKs harmless of any and all liability related to any natural disaster of any sort.

 

12. Governing Law

This Contract is governed by the laws of the State of Iowa without regard to conflicts of law principles. LCKs and the Owner agree that all actions or proceedings arising directly, indirectly or otherwise in connection with, out of, or related to or from this Contract shall be litigated only in courts located in Warren County, Iowa.

 

13. Severability

If any provision of this Contract is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Contract will continue in full force and effect. LCKs will be deemed to have accepted this Contract, without execution, upon the acceptance of a reservation or payment for services to be provided hereunder or the commencement of the services.

 

14. Abandoned Dog

Owner understands and agrees that if his/her dog is not picked up on the scheduled pick-up date, in accordance with the law, LCKs shall provide the Owner with a notice by registered mail, pursuant to IA Agriculture Law. Following the notice, as set forth herein, should the dog still not be picked up by the 10th day, the notice shall be deemed a waiver of any lien on the dog for the treatment, board or care of the animal, but it shall not relieve the Owner of his contractual liability for such treatment, board or care. Failing to pick up the dog by the 10th day, the dog shall be deemed to be abandoned and LCKs shall gain legal custody and ownership of the pet and retain the right to keep the pet or place the pet in a shelter or with animal control, or place the pet in a new home with a new owner, with no recourse by Owner against LCKs or its employees, agents, and affiliates. OWNER FULLY UNDERSTANDS AND AGREES THAT IF OWNER ABANDONS HIS/HER DOG AT THE LCKs FACILITY, OWNER MAY BE UNABLE TO RETRIEVE POSSESSION OF HIS/HER DOG AND WILL HAVE NO RECOURSE AGAINST ANY LCKs EMPLOYEE, OFFICER, OWNER, AFFILIATE OR AGENTS.

Owner agrees to all terms and conditions of this Contract, which shall be binding between Owner and LCKs.

DOG OWNER AGREES AND ACKNOWLEDGES THE ABOVE: