CANINE LAKE LODGE DOG BOARDING AGREEMENT
PET BOARDING AND/OR DOG DAY CARE AGREEMENT ("Agreement") is made and entered into as of the last date set forth below, by and between CANINE LAKE LODGE (the “Company”) and the undersigned Pet Parent set forth below ("Pet Parent").
1. SERVICES; ENGAGEMENT. Company provides dog boarding and limited dog training services. Pet Parent hereby engages Company to provide the services for his or her pet(s) (as set forth on the information sheet provided by Pet Parent) on the terms and conditions set forth in this Agreement and in any supplemental pet information or reservation forms provided in connection with this Agreement by Company.
2. PET PARENT REPRESENTATIONS; DUTY TO DISCLOSE. Pet Parent represents and warrants to Company that:
a. Pet Parent is the rightful owner or caretaker of the pet, and his or her signature
below is sufficient to enter into this Agreement for and on behalf of any other owner or representative of the pet, and
Pet Parent is executing this Agreement for the pet, himself or herself and his or her heirs, successors, representatives or assigns;
b. The pet is current on all required vaccinations and such other vaccinations as is required by Company. Pet Parent agrees to provide documents confirming such vaccinations as requested by Company, and shall provide proof of vaccinations for rabies, bordetella and parvo prior to any entry at the Company facilities or evaluation made by Company;
c. Unless otherwise disclosed to Company, the pet is housebroken and the pet is not prone to chewing, scratching, digging or other destructive behavior;
d. The pet is free of fleas, ticks, worms and other insects and parasites;
e. The pet has no current illness or injury, except as has been disclosed to Company;
f. The pet has not bitten, or exhibited other aggressive behavior, towards any person or animal, except as has been
previously disclosed to Company; and
g. Pet Parent has disclosed and shall continue to disclose on an on-going basis, any and all medical or other conditions,
including but not limited to personality concerns or behaviors that may affect, limit or prevent the pet’s ability to participate in play time or otherwise attend the Company’s facilities.
3. ACCEPTANCE OF RISK. Unless Pet Parent has otherwise instructed to the contrary, Pet Parent acknowledges and agrees
that his or her pet may encounter and be permitted to interact and play with other dogs and with Company staff members. Pet Parent acknowledges that when dogs play in groups that nicks, bites or scratches may occur, and Company may or may not notify Pet Parent immediately if the pet sustains any nicks, bites or scratches. Pet Parent further acknowledges that animals are unpredictable and that there is a
possibility of injury or death to the
pet or to another animal or person.
Therefore, as consideration of the
services rendered by Company, Pet
Parent (A) hereby waives and
releases Company, and its invitees,
sponsors, members, managers,
advertisers, owners, officers,
directors, employees, volunteers,
invitees, agents, lessors, and any
parties owning, controlling or having
any interest in the property where
the Company facility is located, and
all other representatives or agents of Company (collectively, “Company Parties”) from any and all claims, actions, damages or liability for injury, sickness or illness suffered by his or her pet while in the care of Company or otherwise relating to the care, control, health and/or safety of the pet arising from pick up, transport, drop off and/or stay at the Company facilities, except to the extent such illness or injury is the result of Company’s gross negligence or intentional misconduct, and (B) agrees not to initiate any legal proceedings against Company or any Company Parties with respect to such released claims. “Sickness and illness” shall be defined to include any illness, including, without limitation, bordetella (kennel cough) or any other form of contagious illness.
4. INDEMNIFICATION; LIABILITY. AS CONSIDERATION FOR THE SERVICES RENDERED BY COMPANY, PET PARENT WILL INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND VETERINARY COSTS AND EXPENSES) ARISING FROM OR RESULTING FROM ANY BREACH OF THE REPRESENTATIONS, WARRANTIES OR COVENANTS CONTAINED IN THIS AGREEMENT (INCLUDING ABANDONMENT OF THE PET AT THE COMPANY FACILITY), OR OTHERWISE RELATED TO ANY AND ALL ACTS OF BEHAVIOR
OF THEIR PET(S), WHICH MAY INCLUDE, WITHOUT LIMITATION, INJURY OR DEATH TO A PET OR ANIMAL AT THE FACILITY
5. EVALUATION; PARTICIPATION. Company may require an evaluation or assessment of Pet Parent’s pet(s) prior to engaging in dog boarding or joining the dog day care program. Proof of current vaccinations, including rabies, bordatella, and parvo are required prior to evaluation. Company reserves all rights to refuse to provide pet care services for any reason in their sole and absolute discretion. Further, Pet Parent understands participation in play time is at the sole discretion of the Company, and the pets may be separated from other pets or asked to leave for any reason in Company’s sole discretion.
6. PAYMENT. Pet Parent agrees to pay all fees for boarding, day care services, veterinary services and grooming or other services owed on the day of pick up for any scheduled reservation under this Agreement.
7. VETERINARIAN LIABILITY AND CARE. In the event that Pet Parent’s pet should need veterinary services while in the care of the Company, Pet Parent request that the following conditions be adhered to (provide initials):
______Save my pet regardless of the cost of any. necessary treatment ,medication, or surgical procedures.
______ Use any and all reasonable and customary treatments, medications, or surgical procedures necessary to treat my pet, not to exceed $__________________.
______ Pet Parent does not want my pet treated by a veterinarian under any circumstances, even in a life-threatening situation.
8. PERSONAL PROPERTY. Pet Parent agrees that no Company Party shall be responsible or liable for any lost, stolen or damaged personal property belonging either to Pet Parent or the pet. Pet Parent also understands and agrees that the pet’s collar may be removed in the play area to prevent injury to any dog.
9. PHOTOS AND VIDEO RELEASE. Pet Parent agrees to allow Company to use his or her pet’s name and any images or likeness of his or her pet taken while the pet is at the Company facility, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional materials. 10. OTHER DOCUMENTATION. The terms of this Agreement will govern any reservation form or other document relating to services to be provided by Company.
11. GOVERNING LAW; VENUE. This Agreement is governed by the laws of the State of Kansas, without regard to conflicts of law principles. Company and Pet Parent agree that all actions or proceedings arising directly, indirectly or
otherwise in connection with, out of, or related to or from this Agreement shall be litigated only in courts located in Linn County, Kansas, and each of them hereby consents and submits to the nonexclusive jurisdiction of any local, state or federal court located within said county and state and waives any claim that any of said courts constitute an inconvenient forum.
12. SEVERABILITY. If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect. Company will be deemed to have accepted this Agreement, without execution, upon the acceptance of a reservation or payment for services to be provided hereunder or the commencement of the services.
13. ABANDONED PETS. Pet Parent understands and agrees that if his or her pet is not picked up within seven (7) calendar days after the scheduled pick up date, the pet shall be deemed to be abandoned and additional boarding charges shall apply, and in such event, Company 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 Pet Parent against Company or any Company Party.
Total Due Upon Pick Up excluding late pick up charges or emergency vet services