PLEASE READ THE FOLLOWING INFORMATION
TERMS AND CONDITIONS FOR SERVICES PROVIDED BY THE WAG RESORT
If my dog becomes ill or injured for any reason while in the care of the Company, I give permission to the Company to take all reasonable actions to obtain medical treatment for my dog, including the use of a veterinarian. I understand that the Company will bring my dog to my veterinarian if it is reasonably convenient for the Company to do so; otherwise, the Company will bring my dog to a veterinarian that the Company chooses. I agree to pay for all costs of such treatment immediately upon demand by the Company.
I shall provide the Company with enough food to feed my dog during his/her entire boarding period with the Company. If the Company needs to replace this food during my dog’s boarding period, I authorize the Company to purchase replacement food of the same type, if it is reasonably available for purchase, or it is not reasonably available, the Company may purchase a similar type of food. I agree to reimburse the Company for all costs of such food immediately upon demand by the Company.
I understand that there are certain risks inherent in leaving my dog in the custody of the Company, including illness, injury, pregnancy, or even death. Furthermore, I understand that the Company has a chain link and vinyl fences that are six feet tall, and certain dogs can jump over or climb over a fence of this type. I agree that if my dog becomes ill, injured, or pregnant, or if my dog escapes or dies while in the custody and care of the Company, the Company shall not be liable for such illness, injury, pregnancy, or death unless caused by the Company’s willful misconduct or gross negligent acts or omissions.
The Wag Resort will not be held responsible for clipper-burn and/or minor nicks resulting from grooming of matted, neglected coats or for irritation caused by removing coat from pets possessing mild to severe skin allergy, nor will we be held responsible for stressful effects grooming may have upon an elderly pet.
We reserve the right to charge additional fees for services we consider over and above the norm covered by our standard rates. We also reserve the right to refuse service to customers whose pet may pose a threat to us or to the other pets left in our care, whether it be an aggression problem, health problem, or parasite problem.
I shall reimburse the Company immediately upon demand by it for any costs that it incurs as a result of the behavior of my dog. Furthermore, I agree to indemnify the Company and its shareholders, officers, directors, employees, successors, assigns, and heirs, and hold them harmless as to any costs, damages or legal expenses incurred in the defense of any and all personal injury or other claims, including claims for negligence, brought by a third party arising from or related to my actions or the actions of my dog while on the premises of, or in the custody of, the Company. I hereby represent that I have Insurance coverage and/or financial resources adequate to pay for any injury or damage which could be caused by my dog while it is in the care and custody of the Company.
The Company is not responsible for any loss of or damage to personal property that I leave with the Company.
If my dog dies while in the custody of the Company, the Company will use reasonable efforts to notify me as soon as possible. If I cannot pick up my dog’s body within a reasonable period of time, the Company will take my dog’s body to my veterinarian if it is reasonably convenient for the Company to do so; otherwise, the Company may take my dog’s body to a veterinarian that it chooses. The Company may decide whether or not an autopsy should be conducted. I shall pay such veterinarian expenses immediately upon demand.
If I abandon my dog with the Company, the Company may bring it to a dog shelter of its choice.
The Company shall exercise reasonable care for my dog while my dog is in the Company’s custody. I recognize the potential risks involved with group play, dog daycare, boarding, training, and other events. I understand that the way dogs interact with one another can be unpredictable, and recognize injury can occur to my dog while co-mingling with other dogs in the Company’s facility. I understand the risks of injury include but are not limited to, scratches, minor cuts, bite marks, open wounds, major injury or even death. I have determined that the benefits of these activities outweigh the risks. The Company reserves the right to refuse to provide daycare, boarding and/or training services to my dog for any reason or no reason at all.
I represent to the Company that my dog has not been exposed to rabies, distemper or any other contagious or communicable disease in the thirty (30) day period prior to being left for boarding, daycare, training, or any event hosted by the Company. I agree to notify the Company if my dog is exposed to any virus, infection or other transferable illness. I further agree that I will not bring my dog to the Company unless and until my dog is free of any symptoms of illness for a reasonable period determined by a licensed veterinarian. I further agree not to bring my dog to the Company if my dog is exhibiting any signs of illness that may be harmful to other dogs. Such signs of illness include, but are not limited to vomiting, diarrhea, extreme lethargy, and red eyes.
I represent that I am the sole owner of my dog, free and clear of all liens and encumbrances.
All charges incurred by me shall be paid upon pick-up of my dog or immediately upon receipt when billed by the Company to my current address. I further agree that the Company shall have the right to refuse to release my dog to me until I have paid all charges due. I hereby grant the Company a lien on my dog for any and all unpaid charges resulting from boarding, daycare or any other service provided by the Company.
I hereby grant the Company the right to take photographs of my dog and to post or reproduce any and all photographs taken without limitation, on the Company’s website and in the Company’s promotional materials and merchandise. I expressly waive the right to receive any royalty or other payments of any kind related to the use of the photographs. I agree not to sue the Company and releases it from any and all claims, demands, rights, causes of action of any kind related to the use of photographs.
RELEASE AND WAIVER OF LIABILITY AGREEMENT
Please read this carefully and understand all of the Terms and Conditions stated hereinbefore signing it. Your signature indicates that you fully understand all of the contents of the Terms and Conditions stated above and of this Release and Waiver of Liability Agreement and agree to all of the terms stated herein.
- I understand the inherent risks associated with leaving my dog in the Company’s care and with allowing my dog to mingle with other dogs at the Company’s facility. I have carefully considered these risks as more fully described in the Terms and Conditions above. I have determined the benefits outweigh any risks.
- I voluntarily assume all risks and dangers inherent to utilizing the services of the Company and with allowing my dog to co-mingle and play with other dogs at the Company’s facility.
- I forever release, discharge and promise not to sue or take any other legal action, of any kind whatsoever, including any claim of negligence, against the Company, its owners, employees or agents for any loss, damage or injury (including death) related to the care, control, health, and/or safety of my dog arising out of my dog’s participation in any activity or stay at the Company’s facility or arising out of any service provided by the Company to my dog.
- I agree to indemnify, defend, save and hold harmless the Company, its owners, employees, and agents from and against any and all claims, demands, losses, damages, judgments or other expenses, including attorneys’ fees, arising out of or related to my dog’s participation in any activity or service at the Company’s facility.
- I agree that the Company’s liability to me for any reason whatsoever shall in no event exceed the lesser of: (1) what I paid to purchase my dog; or (2) the fair market value of my dog.
- I agree that any dispute related to or arising out of this Release and Waiver of Liability Agreement or my dog’s participation in any activity or service at the Company’s facility shall be resolved by final, binding arbitration, pursuant to the American Arbitration Association rules for commercial arbitration. There shall be a single arbitrator, jointly selected by the parties. If the parties are unable to agree, the arbitrator shall be appointed by the Chief Judge of the Mesa County District Court. I consent to Mesa County, Colorado, as the exclusive venue for any arbitration or legal action between me and the Company. Any such arbitration shall be governed by the laws of the State of Colorado and the Federal Arbitration Act. The prevailing party shall be entitled to recover its reasonable costs and attorneys’ fees.
I represent that all information I have conveyed about my dog to the Company is fully accurate to the best of my knowledge.
The Company may rely on the accuracy of the information that I have provided to it.