THIS PET SERVICES AGREEMENT (herein, “Agreement”) is effective on the date signed by the parties hereto and is entered into by and between Murphys Way Canine Care LLC, d/b/a Murphy’s Way Pet Care, a Florida limited liability company (herein, “Company”) and {petOwner18}, (herein, “Pet Owner”) and is applicable in all respects to the Services (defined below) provided to the pet or pets named: {namesOf} (herein, “Pet”). In consideration of the Services to be provided by Company from time to time to or for Pet Owner or Pet, Pet Owner and Company agree as follows:

I. Authorization to Provide Services

Pet Owner hereby authorizes the Company to provide one or more of the following services to care for Pet Owner’s Pet(s) (collectively, “Services”): Pet & Farm Sitting in the Pet Owner’s home, Boarding, Doggy Daycare, Training, Transport - Pick up/Drop off, Pet Walker, Grooming, Bath, and Nail Trims.

a) Dog Training. In the event Training services are ordered by the Pet Owner, Pet Owner acknowledges, agrees, and affirms that: (i) there is always risk of injury to the Pet and anyone present during training, including when dealing with pets with behavioral issues; (ii) pets can be inherently difficult to control and/or may not be in control of the trainer which can result in injury to the Pet and anyone present; (iii) the Pet Owner has inquired and discussed, to Pet Owner’s satisfaction, all such risks and any other concerns with the trainer and Company; (iv) Pet Owner has examined and is satisfied with the training area and all other Company facilities and training aids. This Agreement applies regardless of where Training occurs.

b) Pet & Farm Sitting. Company has been granted permission to use the keys, security codes, and other access tools necessary to enter and secure the property. 

II. Pet Owner's Warranties and Representations. Pet Owner warrants and represents to the Company that:

a) Pet Owner is the sole Pet Owner of the Pet, free and clear of any claim, lien or encumbrance and has full power and authority to enter into this Agreement.

b) All information provided by Pet Owner regarding the Pet is accurate and complete, and Pet Owner has fully disclosed to Company any pre-existing illnesses, injuries and behavioral problems or conditions regarding the Pet.

c) The Pet has not been exposed to rabies, distemper, parvovirus, Bordetella, influenza, upper respiratory infection or any other contagious disease within the thirty (30) days immediately prior to each stay at a facility.

d) Pet Owner will deliver the Pet to Company clean and groomed with vaccines up-to-date, including the Bordetella vaccine, and be current on flea/tick prevention. In the event that the Pet is found to have external parasites, Pet Owner authorizes the Company to bathe the Pet and administer and single dose of preventative, at Pet Owner’s expense; provided however, that Company shall be under no obligation to do so and reserves the right to refuse Services if Company, in its sole discretion, deems the Pet not to be in conformance with this section.

e) Pet Owner is not aware of any violent or aggressive tendencies that the Pet has exhibited toward people or animals.

f) Pet Owner shall notify Company of any injuries, illnesses, allergies, medical aliments, physical limitations and pre-existing conditions before the start of any Services.

g) Each of Pet Owner’s warranties and representations will be true and correct during all current and future visits by the Pet to any facility.

III. Pet Health Services

a) In the event that the Company determines that the Pet is ill or injured while in its care, the Company will attempt to contact the Pet Owner prior to engaging in Veterinary Services (defined below). If the Pet Owner cannot be reached, Company will also attempt to contact the alternate emergency contact. In any event, if the Company, in its sole and absolute discretion, determines that the Pet requires any veterinary medical treatment (including surgery or anesthesia), hospitalization, care or attention (“Veterinary Services”) while in its care, Company is authorized to engage any veterinarian to provide, and to transport the Pet if necessary to obtain, such Veterinary Services. Pet Owner will pay all Charges for such Veterinary Services and transportation immediately upon the request of Company, but in any event not later than the end of the Pet’s visit. Pet Owner also authorizes Company to immediately charge any credit card of Pet Owner on file with it for any Charges for such Veterinary Services and transportation.

b) If Company determines that the Pet was brought to Company infested with fleas, ticks or other parasites, Company may, in addition to any rights or remedies reserved by Company in this Agreement, provide to the Pet any medication, bath or other necessary treatment and Pet Owner will pay all Charges regarding such medication, baths or treatment.

IV. Payment for Services & Cancellation Policy.

a) Pet Owner will pay in full all charges for all Services provided to or for Pet by Company, or provided by others at the request of Company (collectively, the “Charges”), not later than the end of each visit. Company will also have the right to require that Pet Owner provide a deposit or pay in advance for any Services.

b) If Pet Owner fails to pick up the Pet on its scheduled checkout date, Company may, at its option, continue to provide to the Pet any or all of the Services and Pet Owner will be obligated for the payment of those Services at the then-current rates of Company.

c) Pet Owner authorizes Company to charge any credit card of Pet Owner on file with Company for any Charges not paid by Pet Owner when due.

d) If Pet Owner cancels at least seven (7) days prior to service date, Pet Owner will receive a full refund of sums paid. If Pet Owner Cancels less than seven (7) days prior to service date, Pet Owner shall receive a 50% refund of sums paid.

V. Photographic and Video Release.

Pet Owner irrevocably grants to Company, its agents, and licensees, and any press or news agencies authorized by Company, the right and license, without payment of any royalty or other compensation, to photograph, videotape or record, by any means and in any medium, the Pet’s image, likeness, sound and voice, and to publish, copyright, use or alter any images, likenesses or recordings of the Pet (with or without the name of the Pet or any fictitious name), for any commercial, educational, charitable or other lawful purposes.

VI. Dog Playgroups.

The Company strives to keep our areas clean and sanitary and use all reasonable precautions to prevent injury, illness, and/or escape. Under no circumstances shall the Company be held responsible for the actions of the Pet or other pets in a playgroup that may cause injury, illness, or escape. The Company will take reasonable steps to promote the Pet's safety, well-being, and happiness in the playgroups. The Pet Owner understands there will be certain risks associated with allowing dogs to interact freely with one another and even with constant supervision, nips, scratches, muscle soreness, dog fights, or contagious disease may occur.

VII. Right to Refuse to Provide Services

Notwithstanding any other provision of this Agreement, Company may refuse to provide, or refuse to continue to provide, any Services to or for Pet Owner or Pet, at any time, for any reason or no reason, in its sole and absolute discretion.

VIII. Emergency Situations

In the event of a storm, flood, other natural disaster or other emergency situation that affects the ability of Company to fully and safely operate a facility, Company will attempt to contact Pet Owner to pick up its Pet from the facility. If (a) Company contacts Pet Owner and Pet Owner fails to immediately pick up the Pet, (b) Company attempts to but is unable to contact Pet Owner, or (c) Company determines, in its sole and absolute discretion, that due to the emergency nature of the situation, there is not sufficient time to contact Pet Owner or provide Pet Owner an opportunity to pick up the Pet, the Company will have the right, but not the obligation, to relocate the Pet to another facility or other location. In such event, Pet Owner will be obligated to pay Company for all Charges associated with the transportation of the Pet and the Services provided to the Pet at the other facility or location.

In the event of a storm, flood, other natural disaster, or other emergency situation that affects the ability of the Company to fully and safely provide pet sitting services, the Company will make reasonable efforts to maintain service during these conditions but reserves the right to adjust the schedule of service based on the sole discretion of the Company. The Company is not responsible for any damages beyond their control.

IX. Abandoned Pets

a)If Pet Owner has not picked up the Pet within two (2) days of its scheduled checkout date, Company may send to Pet Owner a written notice, by regular United States Mail to the most current address of Pet Owner on file with Company, requiring that Pet Owner pick up the Pet from the facility within five (5) days of the date of such notice and pay all outstanding Charges owed to Company.

b)If Pet Owner fails to pick up the Pet and pay all outstanding charges as required in the Notice, the Pet will be deemed to be an "Abandoned Pet," and Pet Owner will, to the fullest extent permitted by applicable law, be deemed to have relinquished to Company all Pet ownership right or claim regarding the Pet.

c)Company may, at its option, place any Abandoned Pet with any humane society, animal shelter or animal rescue group, or permit any person selected by Company, in its sole discretion, to adopt the Abandoned Pet.

d)To the extent permitted under applicable law, Company will have a lien upon the Pet in the full amount of all outstanding Charges.

e)Pet Owner hereby waives any statutory right to notice or other rights of Pet Owner regarding any Abandoned Pet provided under applicable law. Notwithstanding the foregoing, Company may, at its option, exercise any rights and remedies regarding any Abandoned Pet provided under applicable law in addition to or in lieu of its rights and remedies under this Agreement.

f)No actions of Company regarding any Abandoned Pet will relieve Pet Owner of any liability for any outstanding Charges owed to Company regarding the Abandoned Pet.

X. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

Pet Owner acknowledges and understands that interactions with dogs is a DANGEROUS ACTIVITY and there are inherent and potential risks (collectively, "Risks") associated with (a) interactions between pets (including during group play), (b) interactions between pets and humans, (c) pets being housed in a group or unfamiliar environment, and (d) other known and unknown and foreseeable and unforeseeable risks arising out of or related to the Pet's presence at a facility or use of Services.

PET OWNER HEREBY KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS (INCLUDING THE RISKS DESCRIBED HEREIN), WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, FORSEEABLE OR UNFORSEEABLE, OR CAUSED BY THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF COMPANY OR ANY OTHER PERSON OR ENTITY.

Risks include, but are not limited to:

Exposure of the Pet to contagious diseases, viruses or infections, including Bordetella ("kennel cough"), canine influenza, respiratory viruses or infections, gastrointestinal conditions or skin conditions;

Worsening of underlying health conditions due to the stress of boarding;

Exposure of the Pet to fleas, ticks, mites, roundworms, hookworms, tapeworms, heartworms or other external or internal parasites;

Exposure of Pet to substances that may cause allergic reactions; "Bloat," GDV or similar gastric events;

Heat exhaustion, heat stroke and other heat-related illnesses.

Exposure to other dogs;

Bites, abrasions, lacerations, sprains, fractures or other injuries;

Premises and equipment defects and conditions;

Risks associated with transporting the Pet;

Property damage or loss, illness, physical or emotional injury, and death of or to the Pet, Pet Owner or any other pet or person;

Bites to people and to and from other pets;

Claims, demands, liability, damages, costs, expenses, attorney's fees and court costs arising from or related to any of the foregoing.

XI. WAIVER AND RELEASE OF CLAIMS; AGREEMENT NOT TO SUE

PET OWNER HEREBY WAIVES AND RELEASES COMPANY AND DAWN BEAZILE, AND COMPANY MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, INVITEES, AGENTS, REPRESENTATIVES, CONTRACTORS, LANDLORDS, TENANTS AND INSURERS, AND THE HEIRS, SUCCESSORS AND ASSIGNS OF EACH OF THEM (EACH, A "RELEASED PARTY" AND, COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, ACTIONS, LAWSUITS, DAMAGES, JUDGMENTS, ATTORNEY'S FEES, COSTS, LIABILITIES, LOSSES OR EXPENSES (COLLECTIVELY, "CLAIMS"), WHETHER KNOWN OR UNKNOWN, ACCRUED OR UNACCRUED, OR CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE, INCLUDING CLAIMS FOR PROPERTY DAMAGE OR LOSS, ILLNESS, OR INJURY TO OR DEATH OF PET OWNER'S PET OR PET OWNER, ARISING OUT OF OR RELATED TO (A) THE SERVICES, (B) PET OWNER'S PET'S PRESENCE AT THE FACILITY OR OTHER LOCATION IN CONNECTION WITH THE SERVICES, (C) THE DISPOSITION OF ANY ABANDONED PET, (D) THE ACTIONS OF THE PET, (E) THE FALISITY OF ANY REPRESENTATION OR WARRATY BY PET OWNER; AND, OR (F) ANY OTHER ACT OR OMISSION OF ANY OF THE RELEASED PARTIES. PET OWNER ALSO AGREES NOT TO SUE ANY RELEASED PARTY REGARDING ANY SUCH CLAIMS, AND WAIVES ITS INSURERS' RIGHTS TO BRING ANY CLAIMS AGAINST COMPANY OR ANY OTHER RELEASED PARTY BASED ON ANY PAYMENTS MADE TO OR ON BEHALF OF PET OWNER REGARDING SUCH CLAIMS.

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY LOST PROFITS OR REVENUE OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES REGARDING ANY CLAIMS.

The waivers and releases contained in this section (collectively, the "Releases") constitute the sole and entire agreement of the Company and Pet Owner with respect to the Releases and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of the Releases is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Releases or invalidate or render unenforceable such term or provision in any other jurisdiction. The Releases are binding on and shall inure to the benefit of the Company and Pet Owner and their respective successors and assigns. All matters arising out of or relating to the Releases shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under the Releases may be brought only in the federal and state courts located in Volusia County, Florida and the parties to this Agreement hereby consent to the exclusive jurisdiction of such courts.

XII. BEHAVIOR AND ACTIONS OF PET; INDEMNIFICATION.

a)Pet Owner will be solely responsible for all behavior and actions of the Pet while at any facility or other location in connection with the Services or pursuant to this Agreement.

b)PET OWNER HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND COMPANY, DAWN BEAZILIE, AND ANY OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, ACCRUED OR UNACCRUED, OR CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE, INCLUDING CLAIMS FOR PROPERTY DAMAGE OR LOSS, ILLNESS, INJURY OR DEATH OF OR TO THE PET, ANY OTHER PET, PET OWNER OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR RELATED TO (A) THE BEHAVIOR AND ACTIONS OF THE PET WHILE AT ANY FACILITY OR OTHER LOCATION (INCLUDING PET OWNER’S PROPERTY) IN CONNECTION WITH THE SERVICES OR PURSUANT TO THIS AGREEMENT; (B) ANY INJURIES TO THE PET, ANY OTHER PETS OR ANY PERSON, OR DAMAGE TO ANY FACILITY OR OTHER PROPERTY (INCLUDING PET OWNER’S PROPERTY), CAUSED IN WHOLE OR IN PART BY THE PET; (C) ANY BREACH BY PET OWNER OF ANY TERM OR CONDITION OF THIS AGREEMENT; OR (D) THE FALSITY OF ANY REPRESENTATION OR WARRANTY MADE BY PET OWNER TO COMPANY.

c) If the Pet bites or otherwise injures any person or pet while at any facility or other location (including Pet Owner’s property) in connection with the Services or pursuant to this Agreement., Pet Owner authorizes Company to report such bite or injury, and provide Pet Owner’s name and contact information, to (a) any appropriate authorities, (b) any veterinarian or medical provider treating the bitten or injured person or pet, or (c) the bitten or injured person or the Pet Owner of the bitten or injured pet.

XIII. Miscellaneous

a) This Agreement contains the entire agreement between Company and Pet Owner and supersedes any prior agreement between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, the rights and remedies in favor of Company and the representations, warranties and covenants of Pet Owner provided under this Agreement, are in addition to, and not in limitation of, the rights and remedies in favor of Company, and the representations, warranties and covenants of Pet Owner provided under, any other consents, authorizations or agreements regarding any other services executed and delivered by Pet Owner to Company.

b) All terms and conditions of this Agreement will bind and benefit Company, Pet Owner, any other Pet Owner of the Pet, and the heirs, administrators, personal representatives, successors and assigns of each of them.

c) This Agreement will be applicable to all Services provided by Company to the Pet at any facility or other location (including Pet Owner’s property) on or after the date of this Agreement.

d) Pet Owner will pay all collection costs, including attorneys’ fees and court costs, regarding any Charges owed to Company that are not paid when due.

e) If any provision of this Agreement is held to be invalid or unenforceable, the balance of this Agreement will continue in full force and effect, to the fullest extent permitted by law or equity.

f) This Agreement will be governed by the laws of the State of Florida, without any reference to principles of conflicts of laws.

g) Execution and/or delivery of this Agreement by electronic signature, facsimile, electronic mail or other electronic device or means shall constitute good and valid execution and delivery of this Agreement. An executed facsimile, photocopy or electronic copy of this Agreement will have the same force and effect as the original for all purposes and will be admissible in evidence as the original itself in any judicial or administrative proceeding.

PET OWNER HAS READ THIS AGREEMENT AND UNDERSTAND THAT IT INCLUDES ASSUMPTION OF RISKS, WAIVER AND RELEASE OF CLAIMS, AGREEMENT NOT TO SUE AND INDEMNIFICATION PROVISIONS. PET OWNER IS KNOWINGLY AND VOLUNTARILY ENTERING INTO THIS AGREEMENT.