This is a contract between The WAG-A-LOT Company and/or
WAG-A-LOT Ventures (hereinafter referred to as "Facility") and the
pet owner whose signature appears above (hereinafter referred to as "Owner").
1. Owner certifies the accuracy of all information
Owner has conveyed about Owner's pet to the Facility.
2. Owner specifically represents to the Facility
that Owner's pet has not been exposed to rabies, distemper or any other
contagious or communicable disease within a thirty day period prior to being
left for boarding, day care or grooming. Owner agrees to notify Facility
of any exposure to any virus, infection or other transferable illness and
will not bring pet to Facility until pet is symptom free for a reasonable
period to be determined by pet's veterinarian or until written approval
is obtained from a veterinarian. Owner further agrees not to bring pet to
Facility if pet is exhibiting any signs of illness that may be harmful to
the other dogs in attendance, such as: vomiting, diarrhea, extreme lethargy,
etc. without first obtaining approval from the Facility.
3. Owner represents to the Facility that all credit
card information Owner has provided to the Facility is accurate. Owner further
represents that all information Owner has provided to the Facility about Owner
is accurate, and that Owner is over 21 years of age.
4. Owner specifically represents that he or she is
the sole owner of the pet (which Owner is delivering to the Facility pursuant
to this Contract), free and clear of all liens and encumbrances.
5. Owner agrees to pay the rate for day care and/or
boarding in effect on the date Owner checks Owner's pet into the Facility
as listed in the Facility.
6. Owner agrees that if Owner's pet becomes ill or
if the state of the pet's health otherwise requires professional attention,
the Facility, in its sole discretion, may engage the services of a veterinarian
or administer medicine or give other requisite attention to the pet and
the expenses thereof shall be paid by the Owner. Owner gives consent to
the Facility to act in the Owner's behalf in obtaining emergency veterinary
care at Owner's expense if deemed necessary by the Facility or any of its
employees. Owner agrees to indemnify and holds the Facility and its employees
harmless from said expenses.
7. Owner agrees to pay all charges for special services
requested, all veterinary costs for pet during the time said pet is in the
care of the Facility, and all fees incurred by Owner through Owner's failure
to comply with the Facility's Cancellation
Policy.
8. Owner agrees that the Facility may collect amounts
owed by Owner due to Owner's failure to comply with the Facility's Cancellation
Policy by charging such amounts to Owner's credit card (data concerning
which Owner has supplied to the Facility). All other charges incurred by
Owner shall be payable upon pick-up of Owner's pet, or when billed by Facility
at address of Owner listed in this Contract. Owner further agrees that the
Facility shall have the right to refuse to release Owner's pet to Owner
until Owner has paid all charges due from Owner to the Facility.
9. Owner hereby grants the Facility a lien on Owner's
pet for any and all unpaid charges resulting from boarding, day care or any
other service provided by the Facility.
10. Owner assumes any and all expenses or liability
for injuries that Owner's pet may inflict upon any human or other pet while
in the Facility. Owner agrees to indemnify and holds the Facility and its
employees harmless from any and all expenses and liability incurred as a result
of injuries Owner's pet inflicts upon any human or other pet while in the
Facility.
11. Owner hereby grants the Facility the right to
take photographs of Owner's pet while the Facility is caring for Owner's
pet, and to post or reproduce any and all photographs taken (as well as
Owner's pet's name) on or in, without limitation, the Facility's web site,
promotional materials and merchandise, without becoming liable to the Owner
(or the Owner's pet) for any royalty payment of any kind. OWNER HEREBY RELEASES,
COVENANTS NOT TO SUE, AND FOREVER DISCHARGES THE FACILITY OF AND FROM ANY
AND ALL CLAIMS, DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER KIND OR
NATURE INCLUDING, BUT NOT LIMITED TO, APPROPRIATION OF THE PICTURE OR NAME
OF OWNER'S PET FOR COMMERCIAL ADVANTAGE, PUBLICATION OF FACTS PLACING THE
OWNER AND/OR OWNER'S PET IN A FALSE LIGHT, AND PUBLIC DISCLOSURE OF PRIVATE
FACTS ABOUT THE OWNER AND/OR OWNER'S PET, ARISING OUT OF OR RELATING TO
ANY PHOTOGRAPHING OF OR USE OF PHOTOGRAPHS OF OWNER'S PET PURSUANT TO THE
AUTHORORITY OWNER HAS GRANTED THE FACILITY IN THE SENTENCE IMMEDIATELY PRECEDING
THIS SENTENCE.
12. The Facility shall exercise reasonable care for
Owner's pet while Owner's pet is in the Facility's custody. The owner recognizes
the potential risks involved with group play/dog day care, boarding, and
grooming due to the unpredictable nature of dogs.
13. Facility reserves the right to change the level
or type of daycare/boarding or remove the pet from group play, if in its
sole discretion it is believed necessary to ensure the safety of the pet,
other dogs or its employees.
14. OWNER EXPRESSLY AGREES THAT FACILITY'S LIABILITY
SHALL IN NO EVENT EXCEED THE CURRENT CHATTEL VALUE OF A PET OF THE SAME
SPECIES AS THE PET DELIVERED BY OWNER TO THE FACILITY PURSUANT TO THIS CONTRACT.
15. This Contract contains the entire agreement between
the parties. All terms and conditions of this Contract shall be binding
on the heirs, administrators, personal representatives and assigns of the
Owner and the Facility.
16. Any controversy or claim arising out of or relating
to this Contract, or the breach thereof, or as the result of any claim or
controversy involving the alleged negligence by any party to this Contract,
shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by an arbitrator
may be entered in any court having jurisdiction thereof. The arbitrator
shall, as part of his/her award, determine an award to the prevailing party
of the costs of such arbitration and reasonable attorney's fees of the prevailing
party.
* Owner may, at Owner's option, enter into a non-electronic
contract with the Facility. If Owner desires to enter into a non-electronic
version of this contract with the Facility, Owner should notify the Facility
of such desire and Owner should not attach Owner's "electronic"
signature to this Contract.
