This agreement (hereinafter “Agreement”) is by and between Small Pack LLC, doing business as Staycation Club for Dogs (hereinafter “Staycation Club for Dogs") and the pet owner whose signature appears below (hereinafter “Owner”).
By executing this Agreement, Owner acknowledges that they are knowingly and voluntarily utilizing Staycation Club for Dogs’ services and represents that they are the legal owner of the pet(s) named below (hereinafter "Pet"). Owner hereby acknowledges and agrees there are risks associated with any off-leash, cage-free, socialization environment and willingly accepts these risks. Without limiting the foregoing, Owner understands and expressly agrees to the following:
Owner and Staycation Club for Dogs understand and expressly agree that this Agreement shall remain in effect and be binding upon the parties hereto until terminated by one of the parties according to the terms herein.
Owner hereby knowingly releases Staycation Club for Dogs, and any of its members, managers, agents, employees, and staff (collectively “Staycation Club for Dogs”) from any and all injuries, damages and liability arising from the Owner's and/or Pet's entrance into Staycation Club for Dogs and/or use of the Staycation Club for Dogs services (including, but not limited to, boarding, daycare, meet and greet), or trips to and from Staycation Club for dogs for adventures (including, but not limited to, walks, and car rides). The Staycation Club for Dogs services and activities outlined herein shall be collectively referred to herein as the "Activities".
Owner fully accepts and assumes any and all reasonable risks of illness, injury, escape and/or death that may be suffered by the Pet during or as a result of the Activities. Such risks include, but are not limited to: cuts, scrapes, bites, and other injuries resulting from participation in Activities and rough play; and possible contagious illnesses such as upper respiratory infections (of which one, “Bordetella”, currently has a vaccination available).
Staycation Club for Dogs agrees to exercise due and reasonable care in the handling of pets and in keeping the facility properly enclosed and sanitary. Notwithstanding the foregoing, Owner understands and expressly holds Staycation Club for Dogs harmless for loss or damage resulting from disease, theft, fire, death, escape, injury, or harm to Owner, other pet owners, other pets, property, or for other damages and injuries that occur through no fault or negligence of Staycation Club for Dogs.
Owner acknowledges that their Pets must pass a general behavior assessment in order to participate in Activities at Staycation Club for Dogs. Owner acknowledges that no Pet may be admitted who shows any signs of any type of aggression, and any Pet demonstrating aggression or other behavior deemed unacceptable by Staycation Club for Dogs, in Staycation Club for Dogs’ sole discretion, will be denied entry, or participation in the Activities, or will be required to leave boarding. Owner understands and expressly agrees that upon admitting their Pet, Staycation Club for Dogs has relied on representation that the Pet is in good health and has not harmed or shown aggressive or threatening behavior towards any person or any other pet. In the event that Owner’s Pet is not in good health or has exhibited aggressive or threatening behavior and such is not disclosed by Owner, it will be considered a material breach of this Agreement.
Although Staycation Club for Dogs provides pre-screening for pets, Staycation Club for Dogs does not guarantee the safety of you or your Pet while on the premises and/or while participating in the Activities. Owner understands and expressly agrees that Owner is solely responsible for any harm caused by the Pet while the Pet is participating in the Activities.
Owner understands that while their Pet participates in Activities at Staycation Club for Dogs the Pet must be current on required vaccinations: DHPP (Distemper, Hepatitis, Parainfluenza, Parvovirus), Bordetella, and Rabies. Staycation Club for Dogs reserves the right to require additional vaccination in Staycation Club for Dogs’ sole discretion at any time.
Owner certifies that the Pet is healthy and will, at all times, while participating in the Activities, have current required vaccinations. Owner shall not enroll any Pet that has any condition that could potentially harm the health of other pets or people. Owner further understands that if Pet is vaccinated for Bordetella, there is still a chance the Pet can contract Kennel Cough. Owner understands this risk and as such, expressly agrees not to hold Staycation Club for Dogs responsible if the Pet contracts Kennel Cough or other dog-dog transmitted ailments.
Owner further understands that any Pet entering Staycation Club for Dogs must be neutered and females must not be in heat. If Owner’s Pet has not been neutered and/or is in heat, Owner understands and expressly agrees to release and hold Staycation Club for Dogs harmless from and against any liability arising as a result thereof.
Owner shall indemnify Staycation Club for Dogs against any claims and any losses, injuries, or damages of any kind suffered by Staycation Club for Dogs because of Owner's failure to inform Staycation Club for Dogs of any pre-existing conditions their Pet may have (including, but not limited to, an illness or aggression problems). Any such failure to notify Staycation Club for Dogs of pre-existing conditions, aggressive behavior, or other required disclosures according to the terms hereof shall be a material breach of this Agreement and Owner shall be required to indemnify and hold Staycation Club for Dogs harmless from and against any liability arising as a result thereof.
Owner agrees to keep Pet on a monthly flea treatment and to take precautions against contagious illness and parasite exposure by consulting with a veterinarian prior to the Pet attending Staycation Club for Dogs.
Owner agrees that should the Pet become ill or in need of emergency medical attention, Staycation Club for Dogs will immediately contact the Owner and/or the Owner's emergency contacts. Owner agrees Staycation Club for Dogs reserves the right and sole discretion to administer aid and/or to use any available veterinarians without liability, and owner agrees to promptly pay for all medical treatments received. Owner understands and expressly agrees that should Owner or Owner’s emergency contacts be unavailable and as a result Staycation Club for Dogs takes emergency medical action that results in injury or death to the Pet(s) that Staycation Club for Dogs shall be expressly released from liability for said injuries or death suffered by the Pets as a result of the emergency medical care.
Owner understands that the Pet will only be released to the Owner(s) or authorized representative(s) on file, unless prior authorization has been made, in writing, with Staycation Club for Dogs.
Owner understands that if Pet is left at Staycation Club for Dogs for a period of 48 hours or more without contact from Owner, emergency contacts, or authorized representative(s), that the Pet will be considered abandoned, and all necessary steps will be taken to turn the Pet over to the proper authorities and/or animal rescue agency. All boarding expenses within the initial 48 hours and any rehoming fees will be the Owner's responsibility and Staycation Club for Dogs reserves the right to pursue legal action against the Owner for such fees and breach of this Agreement.
Owner agrees to indemnify, and hold harmless, Staycation Club for Dogs for any third-party claims caused, or contributed to, by the Pet.
Owner understands that special-needs and senior dogs naturally have a higher risk of injury, stress-related illnesses, weakened immune system, or exacerbation of any pre-existing condition. As such, by utilizing Staycation Club for Dogs and the Activities, Owner understands and expressly agrees to waive any claim for injury or illness experienced by the Pet while in the care of Staycation Club for Dogs.
Owner agrees to allow Staycation Club for Dogs to use Pet's name and any images and videos of the Pet taken while the Pet is at Staycation Club for Dogs in any form, for use at any time, in any media, marketing, advertising, illustration, or promotional materials, without any compensation to Owner.
Owner understands that cancellations must be made at least 72-hours prior to the Pet's reservation in order to receive a refund. In the event that a cancellation is not made at least 72-hours in advance of a reservation, no refund shall be issued.
Owner understands that if Pet is not picked up by 12:00 pm, a $25 late checkout fee will apply for pick up between 12:00-4:00 pm and a $50 late checkout fee will apply for pick up between 4:00-8:00 pm. If Owner does not pick up Pet by the closing time of 8:15 p.m. Owner hereby authorizes an additional overnight charge. For the sake of clarity, Owner understands and expressly acknowledges and agrees to these additional fees for late pickup.
Owner understands and agrees that Staycation Club for Dogs reserves the right to refuse service to any Pet that does not meet or maintain the health, temperament, or other Staycation Club for Dogs standards, in Staycation Club for Dogs’ sole discretion and whether such standards included in this Agreement or not.
Owner further understands and expressly agrees that each and every of the foregoing provisions contained within this Agreement shall be in full force and effect and shall apply to each and every occasion on which the Owner's Pet participates in Staycation Club for Dogs Activities. This Agreement shall remain in full force and effect as between the parties until and unless otherwise canceled or superseded by a writing signed by the parties.
Staycation Club for Dogs may employ the services of other independent contractors or service providers without the permission of Owner in order to complete the services and provide the Activities. Staycation Club for Dogs shall be responsible for supervision and control of any employees or independent contractors who perform services pursuant to this Agreement. All such persons shall be employees and/or contractors of Staycation Club for Dogs and not of Owner. The responsibility for specification of the work to be performed and the specific services hereunder shall be exclusively that of Staycation Club for Dogs.
Owner agrees that they currently hold, and shall maintain through the term of this Agreement, appropriate and suitable insurance in order to address and indemnify Staycation Club for Dogs from any injury to Staycation Club for Dogs’ agents or employees due to the actions of the Pet or the condition of the Pet.
The obligation of Owner to make payment to Staycation Club for Dogs according to the terms of this Agreement is not conditioned on Owner’s satisfaction with the performance of any Services or Activities under this Agreement. Owner understands and expressly agrees that providing the services and/or Activities under this Agreement shall obligate Owner to make payment and payment shall not be withheld due to subjective dissatisfaction.
Staycation Club for Dogs reserves the right to terminate this Agreement at any time and for any reason before or during the term. In the event that Owner terminates this Agreement for any reason, it shall be in the sole discretion of Staycation Club for Dogs whether to issue a refund if payment has already been made. In the event of a material breach by Owner, Staycation Club for Dogs shall be entitled to keep any payment received as a result of such material breach. Lastly, all payment due from Owner at the time of termination shall be due and payable to Staycation Club for Dogs immediately.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by either party to require the other party’s performance of any provision in this Agreement shall not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Staycation Club for Dogs shall not be deemed in breach of this Agreement if Staycation Club for Dogs is unable to complete the services or any portion thereof by reason of fire, earthquake, labor dispute, act of a public enemy, death, illness, or incapacity of Staycation Club for Dogs or any local, state, federal, national or international law, governmental order or regulation, or any other event beyond Staycation Club for Dogs’ control (collectively “Force Majeure Events”).
This Agreement, and all exhibits attached hereto, will constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of these terms will be binding unless in writing and signed, or agreed upon electronically, by both parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
This Agreement will be governed by the laws of the State of California. Owner and Staycation Club for Dogs agree that any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the courts of the County of San Diego, and the Parties consent to the jurisdiction of such courts. If any claim or dispute arising out of, or relating to, this Agreement is not settled promptly in the ordinary course of business, the parties shall seek to resolve such dispute between them, first, by negotiating promptly in good faith. If a legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
Owner hereby certifies that they have read and understand the Release of Liability set forth above. By signing this agreement, Owner agrees to be bound by these terms and conditions.