RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE OWNER(S) OF THE DOG'S MEOW PET RESORT OR RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTAND IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
In consideration for your dog(s) being permitted to come to The Dog's Meow Pet Resort or use any The Dog's Meow Pet Resort services, you agree to all of the policies, procedures, release, terms and conditions set forth below.
1. All dogs must: be current on Rabies, Distemper, Parvo, Bordetella, and any other required vaccinations. All dogs must be at least 14 weeks of age. All dogs must be spayed or neutered if 6 months of age or older unless authorized by a veterinarian. All dogs must be in general good health and free of ticks and fleas. All dogs must meet all municipal and state licensure and other requirements. All dogs must have a quick release collar that contains an identification tag bearing the dog's name be leashed when entering and exiting the resort.
2. Food: All dogs will be fed in accordance with the instructions provided in the Dog Boarding and Daycare Application or instructions you later provide. We feed all dog's once daily in the evening unless he/she is taking AM medication that requires food. If you want your dog to eat morning and evening meals, you must provide a container/bag marked with your dog's name and feeding.
3. Picture and Video Release: By using the services offered by The Dog's Meow Pet Resort, you agree to allow The Dog's Meow Pet Resort and any of their affiliates to use your dog's name and any image or likeness of your dog taken while in our care, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional material. This provision is binding on you, and all of your successors, heirs, legal representatives and assigns.
4. Personal Property: We recommend against bringing any personal items from home for the following reasons: They may cause, not reduce, separation anxiety for your pet. There is likelihood they may be damaged. Because of our heavy emphasis on hygiene and sanitation, we require all items to be laundered daily, including bedding and toys. Since these items don't fare well in laundry and the disinfection process, they often suffer damage. If you insist on leaving property, it remains The Dog's Meow's prerogative to place any and all items in a property bin, and not with your pet. The Dog's Meow will not be liable for any lost, stole, or damaged personal property belonging to you or your dog. If your dog causes any personal property damage to The Dog's Meow, you will be liable for the full cost of repairs and replacements as The Dog's Meow deems fit.
5. Fees: All payment is due at the time you pick up your dog from The Dog's Meow Pet Resort unless previous arrangements have been made with the owner. You give your permission for The Dog's Meow to charge any credit card you provided for unpaid services or products upon the date services were supposed to have been completed. You further agree to pay any collections costs and the cost of any returned or challenged check or debit charges.
6. Reservation, Cancellation, and Refund Policy: Reservation, cancellation, and refund policies vary. Please inquire within for applicable information.
7. Aggressive Dogs: Your dog may be separated from others or asked not to return to The Dog's Meow if he/she exhibits aggressive or other unacceptable behavior in The Dog's Meow's sole discretion.
8. Abandoned Dogs: You may not leave your dog at The Dog's Meow Pet Resort after the scheduled pickup time without prior communication with staff. If you leave your dog(s) at the resort without any contact, instruction, or notification regarding pick up, your dog will be deemed "Abandoned" at 7 P.M. on the seventh (7th) day after the scheduled pick up date. If your dog is Abandoned at the resort, The Dog's Meow Pet Resort will become its legal owner and guardian. The Dog's Meow will, in its sole discretion, determine whether to re-home the dog or relinquish it to a shelter or rescue of their choice. YOU FULLY UNDERSTAND AND AGREE THAT IF YOU ABANDON YOUR DOG AT The Dog's Meow, YOU MAY BE UNABLE TO RETRIEVE POSSESSION OF YOUR DOG AND WILL HAVE NO RECOURSE AGAINST The Dog's Meow.
9. Duty to Disclose: You must disclose on a continuing basis, any and all medical or other conditions, including but not limited to personality concerns or behavioral incidents that may affect, limit or prevent your dog's ability to participate in any of The Dog's Meow's services. In the event of a material change to the information you provided in this Application; you agree to submit a new Application within 7 days.
10. Acceptance and Acknowledgment of Risk: You fully understand that: (a) there are inherent and potential risks involved with interactions between humans and dogs, as well as between dogs and other dogs, which may result in property damage or bodily injury, including but not limited to, permanent disability, sickness or death to human or dog; and (b) there may be other risks not known to you or the dogs meow, nor readily foreseeable at this time (collectively, "risks" you fully accept and assume all risks and responsibility for all risks, including, without limitation, all losses, costs and damages incurred as a result of your dog's participation at the dog's meow pet resort, including any veterinarian expenses listed in section 11, below. "Sickness" includes any illness including but not limited to bordetella (kennel cough), parvo, distemper, bloat, canine flu, or any other form of contagious disease.
11. Veterinary Care: The Dog's Meow Pet Resort will have the right to obtain medical treatment for your dog if it appears that your dog may be ill, injured, or exhibits any other behavior that would reasonably suggest that your dog may need medical treatment. Reasonable efforts will be made to contact you when The Dog's Meow Pet Resort determines that medical treatment is necessary, but if The Dog's Meow is unable to contact you or your emergency contact, The Dog's Meow Pet Resort and the veterinarian may rely on this Section 11 as your consent to treat your dog. You hereby grant the veterinarian and The Dog's Meow Pet Resort the right to make medically necessary decisions for your dog's treatment and release the veterinarian and The Dog's Meow Pet Resort from all liability for the same. If you are unable to be reached but your emergency contact is reached, you hereby grant your emergency contact the right to make medically necessary decisions for your dog's treatment. The Dog's Meow Pet Resort will first attempt to seek treatment from the veterinarian provided in the Application ("Designated Veterinarian") but will have the right to seek veterinary treatment from an alternative veterinarian if: (i) the dog needs urgent care and another veterinarian is closer, (ii) The Dog's Meow Pet Resort is unable to reach the Designated Veterinarian, or (iii) The Dog's Meow Pet Resort is unable to transport the dog to Designated Veterinarian. If a dog passes away at the resort, it will be brought to its nearest veterinarian or the vet of The Dog's Meow Pet Resort's choice. In the event your dog is injured during routine play, we presume that no dog is at fault, and you agree to be fully responsible for all costs related to any medical treatment for your dog(s), including without limitation, the cost of any transportation for the purposes of such treatment. If The Dog's Meow staff determines, in their sole discretion, that your dog caused the injury or death of another animal outside of routine play, you will be fully responsible for all costs related to any medical treatment for the injured animal(s). You agree that The Dog's Meow Pet Resort may release your name and phone number to the injured animal(s) parents to arrange payment for the same.
12. Immunization Records: You agree to provide veterinary records to The Dog's Meow Pet Resort upon request, and you hereby grant The Dog's Meow Pet Resort permission to request and obtain veterinary records directly from your Designated Veterinarian, if The Dog's Meow is unable to obtain necessary record from you. By signing below, you expressly authorize your Designated Veterinarian to release health and treatment information and immunization records to staff upon request. You may revoke this authorization at any time upon written notice to your Designated Veterinarian and The Dog's Meow Pet Resort.
13. Parasites: If any guest is found to have parasites (i.e., fleas, ticks, giardia, coccidia, worms), they will be treated at the owner's expense. An additional fee will be added if our facility or yards need to be treated.
14. HB 2063: By signing this agreement I affirm I have been notified that my dog may be left unattended at any given time during the day or night during their stay and I was informed the facility is not equipped with a fire prevention sprinkler system. By signing I consent to my dog being left unattended as necessary by the facility.
15. Waiver, Release, and Indemnification: You hereby agree to expressly and forever generally waive, discharge claims, indemnify, release from liability, save, hold, harmless and defend The Dog's Meow Pet Resort, their invitees, owners, officers, directors, employees, contractors, volunteers, agents, representatives, lessors, and all others having an interest in any The Dog's Meow Pet Resort party (collectively, the "Releasees") from and against any and all injury, liability, claims, litigation, actions, suits, costs, losses, damages, attorney's fees, expenses, or demands of every character whatsoever on account of, arising out of, resulting from or relating in any way to (i) any act or omission of the Releasees, (ii) your dog(s)' participation at our resort. You agree that this release is binding on you and your successors, heirs, legal representatives and assigns. You also expressly and forever release The Dog's Meow Pet Resort from any duty to protect you or your dog from injury of any kind and agree that any implementation of safety precautions by The Dog's Meow Pet Resort will not waive their right to be indemnified as provided hereunder, and such precautions will not alter this release. You agree that this constitutes a complete and unconditional release of all liability of The Dog's Meow Pet Resort to the greatest extent permitted by law, and that if any portion of this agreement is held to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect.