THIS 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 CLEVER CANINE DOG TRAINING (the “Company”) and the undersigned Pet Parent set forth below (“Pet Parent”).
1. SERVICES; ENGAGEMENT. Company provides dog day care, day training, and other training services, and boarding. Pet Parent hereby engages Company to provide the services for his or her pet(s) (as set forth on the information sheet provided by the Pet Parent) on the terms and conditions set forth in this Agreement and in any supplement 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 representation 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, and shall provide proof of vaccinations for rabies and distemper, 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 behaviors;
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, 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 invites, 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 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 to not 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. Pet Parent acknowledges that Company is a training facility and will use corrective tools to correct bad behavior during their time at Company Facility.
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 OR INJURY OR DEATH TO A STAFF MEMBER OF COMPANY OR ANY OTHER MEMBER OF THE PUBLIC. IN NO EVENT WILL COMPANY OR ANY COMPANY PARTY BE HELD LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBLE EXISTENCE.
5. EVALUATION; PARTICIPATION. Company may require an evaluation or assessment of Pet Parent(s) prior to engaging in dog boarding or joining the dog day care program. Proof of current vaccination, including rabies and distemper are required prior to evaluation. Pet Parent is not permitted to attend this evaluation. After evaluation is complete, Company reserves all rights to refuse to provide pet care services for any reason in their sole and absolute discretion. Further, Pet Parent understand 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, grooming, or other services owed on the day of pick up for any scheduled reservation under this agreement.
7. VETERINARY LIABILITY AND CARE. In the event that Pet Parent’s pet should need veterinary services while in the care of the Company, Pet Parent requests that the following conditions be adhered to (provide initials on A, B, or C below):