Superdogs Doggy Daycar - Disclaimer and Terms & Conditions
READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND PROVIDES AN INDEMNITY IN FAVOUR OF SUPERDOGS DOGGY DAYCARE (“SDD”)AND DEPRIVES YOU OF THE RIGHT TO INSTITUTE ANY LEGAL ACTION AGAINST SDD AND/OR ANY RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTOOD IT IN ITS ENTIRETY. PLEASE SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT. ONCE YOU SIGN IN THIS SPACE PROVIDED ON THE LAST PAGE, THIS DOCUMENTS BECOMES A LEGALLY BINDING AGREEMENT.
SUPERDOGS DOGGY DAYCARE POLICIES, PROCEDURES AND DAYCARE RELEASE
WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration for your dog being permitted to attend SDD for Daycare, You agree to all of the following policies, procedure, terms and conditions:
I confirm that my dog:
- is spayed/neutered (if over 6 months of age). If not yet over the age of 6 months at the time of signing this agreement, I undertake, if my dog is still in the care of SDD upon reaching 6 months, to spay or neuter my dog.
- is up to date on all vaccines and that I will, when I return this signed agreement, provide SDD with a copy of my dog’s veterinarian records.
- is in good health and free of fleas, ticks and parasites.
- is not aggressive or protective of toys
- meets all other municipal or state licensure and other requirements
- their belongings are all labeled with the dog’s name.
- I have completed the Doggy Daycare Enrolment Application.
ACCEPTANCE AND ACKNOWLEDGMENT OF DAYCARE PARTICIPATION RISK
I 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 permanent disability, sickness or death to human or dog; and
(b) there may be other risks not known to the owner or staff nor readily foreseeable at this time (Collectively “Risks”). While SDD will take all reasonable steps to ensure that any risks are limited, I fully accept and assume all responsibility and liability for all risks, including, without limitation, all losses, costs and damages incurred as a result of me or my dog’s participation inSDD’s programme.
VETERINARIAN LIABILITY AND CARE
If your dog requires urgent medical attention, SDD will first contact you by telephone as per the contact number stipulated in your enrolment form in order to make the necessary arrangements. If you cannot be reached and the medical attention is required urgently, you authorize SDD, by signing this agreement, to obtain medical treatment for your dog, if, in its sole discretion it appears that he/she is ill, injury or exhibits any other behavior that would reasonably suggest that my dog may need medical attention. I AGREE THAT I AM FULLY RESPONSIBLE FOR THE COST OF ANY SUCH MEDICAL TREATMENT, PROVIDED TO MY DOG.
No Dog may be abandoned at SDD. I agree that I will not neglect to pick up my dog from SDD by the time he/she is scheduled to be picked up without providing notification prior to my delay. I understand that if I abandon my dog at SDD, that SDD will, by default, become the legal owner and guardian of the dog. I understand that I am responsible for any boarding charges incurred during this process.
SDD will, in their sole discretion, determine whether to try to re-home and adopt the dog from SDD or will relinquish the dog to a shelter of their choice.
I FULLY UNDERSTAND AND AGREE THAT IF I ABANDON MY DOG AT SDD, I MAY BE UNABLE TO RETRIEVE POSSESSION OF MY DOG AND WILL HAVE NO RECOURSE WHATSOEVER AGAINST SDD AS PROVIDED BELOW.
DUTY OF DISCLOSURE
I confirm that I have disclosed any and all medical or other conditions, included but not limited to personality concerns or behaviors that may affect limit or prevent my dog’s ability to participate in the Daycare or otherwise attend SDD.
I understand that dog participation in Daycare is at the sole discretion of SDD and that dogs may be separated from other dogs or asked to leave for reasons in sole discretion ofSDD.
Although SDD loves all dogs, I understand that aggressive dogs are not permitted to attend the Daycare facility. I also understand if my dog acts or exhibits unacceptable behavior he/she will be separated from the Daycare group. SDD will use reasonable efforts to consult parent/s about aggression and ways to address it, however aggressive dogs may be asked not to return to SDD. Such determinations shall be made at the sole discretion of SDD.
MY DOG’S FOOD
I understand that SDD provides treats (and water) throughout the day and a light lunch. If you have a specific diet your for dog, the food must be in an airtight container with a lid and your dog’s name.
PHOTO & VIDEO RELEASE
I allow SDD, the owner, employees, directors and agents to use my dog’s name, images and video taken while at Daycare in any form, format, for use, at any time, in any media, marketing, advertising, illustration, and trade or promotion materials. I agree that this provision shall be bound on me and all my successors, heirs, legal
representatives and assignees.
I agree that SDD shall not be responsible or liable for any lost, stolen or damaged personal property belonging to either me or my dog. I also understand and agree that my dog’s collar may be removed in the Daycare area to prevent injury to any dogs. If my dog causes any damage to SDD Facility or Equipment, I agree to be fully responsible for the full cost of any repair or replacement, depending on what is needed.
Monthly rates are due in advance, by the first day of the month. I give my full permission for SDD to charge any of the credit card numbers I provided for any unpaid fees, services or products. I further agree to pay the cost of any cheque or debit charges returned or challenges for to any reason.
We offer no refunds on any packages. If you have a change of plans, or need to cancel, your account will be credited. All credits will stay on the account to be used at a future date.
WAIVER AND INDEMNIFICATION
I HEREBY EXPRESSLY AND FOREVER GENERALLY WAIVE, DISCHARGE CLAIMS, INDEMNIFY, RELEASE FROM LIABILITY, SAVE, HOLD HARMLESS AND SDD, ADVERTISERS, OWNERS, EMPLOYEES ANDVOLUNTEERS AGAINST ANY AND ALL INJURY, LIABILITY, CLAIMS, LITIGATION, ACTIONS, SUITS, COST, LOSSES, DAMAGES, EXPENSES OR DEMANDS (INCLUDING REASONABLE ATTORNEY’S FEES)OF EVERY CHARACTER WHATSOEVER ON ACCOUNT OF , ARISING OUT OF, RESULTING FROM OR RELATING IN ANY WAY TO (a) ANY ACT OR OMISSION OF THE RELEASE, INCLUDING NEGLIGENCE, AND/OR (b) MY OR MY DOG’S PARTICIPATION IN ACTIVITIES AT SDD, OR OTHERWISE. I ALSO EXPRESSLY AND FOREVER RELEASE SDD FROM ANY DUTY TO PROTECT ME OR MY DOG(S) FROM INJURY OF ANY KIND, AND AGREE THAT EVEN IF SDD CHOOSES TO IMPLEMENT REASONABLE SAFETY PRECAUTIONS, SUCH PRECAUTIONS SHALL NOT ALTER THE FACT THAT I HAVE RELEASED SDD FROM ANY DUTY TO PROTECT ME OR MY DOG(S) AND THAT OUR ENTRY ONTO THE DAYCARE FACILITY IS AT OUR OWN RISK.
I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS DAYCARE’S POLICIES,PROCEDURES AND DAYCARE RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THAT THE REMAINDER OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECTIVE. I AGREE THAT IT IS INTENDED THAT ALL TERMS OF THIS AGREEMENT CONTROL DESPITE ANY
PARTICULAR STATUTE OR LAW THAT WOULD OTHERWISE PROTECT ME OR MY DOG(S).
I, the undersigned, hereby acknowledge and agree all the information provided in this Daycare Application is complete and accurate to the best of my knowledge. I further acknowledge and agree that I have read and agree to all the terms and conditions in the Daycare Policies, Procedures, Daycare Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement, as they may be
amended from time to time, which are included and fully incorporated into this application. I hereby execute this agreement for my dog, myself, my heirs, successors, representatives, assigns and authorized persons. I further attest that if I am not the sole owner or representative of the dog subject to this application, which my signature is sufficient to enter into this agreement for and on behalf of any other owner or representative.