FOR YOUR REVIEW, YOU WILL SIGN THIS ON THE BOARDING APPLICATION
PAWSITIVELY K9 BOARDING, DAYCARE OR BOARD AND TRAIN SERVICE AGREEMENT/LIABILITY WAIVER
- By signing this Agreement/waiver and leaving your pet with PawsitivelyK9, Owner/Guardian certifies to the accuracy of all information provided to PawsitivelyK9 in writing or orally about the Pet. PawsitivelyK9 reserves the right to deny admittance to the Pet or any pet for any reason at any time.
- Owner/Guardian specifically represents that he or she is the sole Owner/Guardian of the Pet, free and clear of all liens or encumbrances.
- Owner/Guardian specifically represents to PawsitivelyK9 that, to Owner/Guardian’s knowledge, the Pet has not been exposed to any contagious diseases within the 30 day period prior to check-in. Owner/Guardian understands that each time Pet is brought to PawsitivelyK9, Owner/Guardian is recertifying that the Pet is in good health and has not had any communicable illness of any kind for 30 days prior to check-in. Owner/Guardian further agrees to provide PawsitivelyK9 with proof of required vaccinations upon request and prior to check-in. Owner has read, understood and agreed to our vaccination policy. In addition, Owner/Guardian agrees that if any fleas or ticks are discovered on the Pet during check-in or at any time during the Pet’s stay, PawsitivelyK9 will administer Frontline Plus topical to the Pet at Owner/Guardians’ expense.
- While PawsitivelyK9 makes every effort to ensure that pets staying with us are healthy by requiring their Owner/Guardians to affirmatively represent that all vaccines for their pet are current and that they do not believe that their pet has a communicable illness, Owner/Guardian acknowledges and is aware that the employees of PawsitivelyK9 are not veterinarians and do not have backgrounds in animal medicine and are not expected to diagnose or detect illnesses in the pets that are staying at PawsitivelyK9. In addition, Owner/Guardian acknowledges and is aware that vaccines do not protect against all communicable illnesses that may affect a pet
- OWNER/GUARDIAN ACKNOWLEDGES AND AGREES THAT THEY ARE ASSUMING ALL RISK OF ILLNESS, DISEASE, HARM OR OTHERWISE TO THEIR PET BY ALLOWING THEIR PET TO STAY AT PAWSITIVELYK9. PAWSITIVELYK9 AGREES TO EXERCISE REASONABLE CARE OF THE PET DURING ITS STAY AND, IF APPLICABLE, DURING TRANSPORT. IF A PET IS TRANSPORTED TO OR FROM PAWSITIVELYK9 BY PAWSITIVELYK9 STAFF, OWNER/GUARDIAN HOLDS PAWSITIVELYK9 HARMLESS IN THE EVENT OF INJURY OR ACCIDENT DURING TRANSPORTATION. IT IS EXPRESSLY AGREED BY OWNER/GUARDIAN AND PAWSITIVELYK9 THAT PAWSITIVELYK9's LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF THE CURRENT CHATTEL VALUE OF A PET OF THE SAME BREED OR THE SUM OF $200.00 PER ANIMAL ADMITTED.
- Owner/Guardian agrees to be solely responsible for any and all acts or behavior of the Pet while in the care PawsitivelyK9, including payment of costs of injury to self (pet inflicts own injury to self) , staff or other animals or damage to facilities caused
by the Pet. Owner/Guardian further agrees to indemnify PawsitivelyK9 and its agents against any claims made against PawsitivelyK9 or its employees or members or other agents or losses or damages of any kind suffered by PawsitivelyK9 or its agents as a result of Owner/Guardian’s failure to inform PawsitivelyK9 of any preexisting condition the Pet may have ( such as illness or aggression problems ) or which were otherwise caused by the Pet. Owner/Guardian understands that a five foot fence is in place and that a K9 prone to climbing or digging to escape should not stay with us. Owner/Guardian understands that the premises do not have an artificial turf, the premises will have grass, trees, plant matter, rocks, gravel and other natural elements that their K9 will be exposed to as well as K9 toys and kiddie swimming pool or sprinkler, if the K9 has previous issues ingesting foreign objects then this environment will not be the best or safest for the K9 and PawsitivelyK9 will not be held responsible for any issues from environmental injury or illness.
- Owner/Guardian understands that PawsitivelyK9 utilizes playgroups where dogs interact and co-mingle with other pets. Owner/Guardian also understands that squirt water bottles or sound devices may be used to correct unwanted behaviors. If your dog displays aggressive behaviors he or she may be muzzled for their protection or the protection of other dogs or staff. Owner/Guardian agrees that the Pet may be removed from a playgroup at PawsitivelyK9'S discretion and not permitted to interact further with the dogs during current or any subsequent stays. Owner/Guardian further understands that when dogs play in groups that nicks and scratches may occur. PawsitivelyK9 staff may or may not notify Owner/Guardian immediately if the Pet sustains any minor nicks or scratches, PawsitivelyK9 staff may wait and notify Owner/Guardian when the Pet is picked up by or delivered to the Owner/Guardian. IF your pet is seriously injured or falls ill we will do everything we can to contact the owner/guardian immediately.
- All charges incurred by Owner/Guardian and not previously paid shall be payable upon pickup or delivery of Pet. PawsitivelyK9 shall have, and is hereby granted, a lien on the Pet for any and all unpaid charges resulting from service provided by PawsitivelyK9. The Owner/Guardian hereby agrees that in the event charges are not paid when due in accordance with this contract, PawsitivelyK9 may exercise its lien right within ten days after written notice has been given by PawsitivelyK9 to Owner/Guardian by certified mail to the address shown on the contract. PawsitivelyK9 may dispose of the Pet for any and all unpaid charges, at a private or public sale or surrender to rescue of choice, at the sole discretion of PawsitivelyK9, and Owner/Guardian specifically waives all statutory or legal rights to the contrary. If such sale shall not secure a price adequate to pay such costs of pet care or other charges which are still due and outstanding from the Owner/Guardian, plus costs of sale, then Owner/Guardian shall be liable to PawsitivelyK9 for the difference. All monies realized by PawsitivelyK9 at such sale, over and above the charges due and costs of sale, shall be paid to the Owner/Guardian.
- Owner/Guardian agrees to pay the pet care service and daily rate in effect on the date Pet is checked into PawsitivelyK9 and to pay for any additional services requested when Owner/Guardian picks up Pet.
- Owner/Guardian further agrees that the Pet shall not leave the facility until all charges due are paid by Owner/Guardian or proper payment arrangement are agreed upon by both parties.
- In an emergency PawsitivelyK9 will attempt to contact the Pet’s personal veterinarian as well as the emergency contact provided to PawsitivelyK9 by Owner/Guardian; however, such an emergency might not provide the time to do so prior to the administration of care. Owner/Guardian authorizes PawsitivelyK9 to obtain medical attention for the Pet from any qualified veterinarian and to transport the Pet to and from such veterinarian when PawsitivelyK9 deems such medical care is important to the Pet’s health. Owner/Guardian grants PawsitivelyK9 and its employees or agent full authority to make decisions involving the medical treatment of Pet and agrees to pay for all related costs. This applies to any claims for injuries or damages related to such medical care or that arise due to the transport of the Pet. In the event of a Pet’s death the Owner/Guardian or the Owner/Guardian’s emergency contact will be notified immediately.
- CANCELLATION POLICY: WE REQUIRE A 24 HOUR NOTICE PRIOR TO CANCELLATION.
- I hereby grant full permission to PawsitivelyK9 and all of the forgoing, their parent companies, clients, and successors to utilize: photos or videos taken by PawsitivelyK9 of my pet, biography, appearances, name, voice, likeness, and other information I furnish, as well as photos, videos, biography, appearance, name, voice, and likeness of any of my dogs, in connection with PawsitivelyK9 and future promotion of PawsitivelyK9 in any and all manner and form of media.
- This Agreement contains the entire agreement between the parties. All terms and conditions of this Agreement shall be binding on the heirs, administrators, personal representatives and assignees of the Owner/Guardian and PawsitivelyK9.
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or as the result of any claim or controversy involving the alleged negligence by any party to this Agreement, shall be settled 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 the award, determine an award to the prevailing party of the costs of such arbitration and reasonable attorney’s fees of the prevailing party. The arbitrator(s) shall apply Tennessee law to the merits of any dispute or claim, without reference to conflicts of law rules. The parties hereby consent to the personal jurisdiction of the state and federal courts located in Tennessee and agree that such courts shall have the sole and exclusive jurisdiction for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants.
THE PARTIES HAVE READ AND UNDERSTAND THIS CLAUSE 15, WHICH DISCUSSES ARBITRATION. THE PARTIES UNDERSTAND THAT BY SIGNING THIS AGREEMENT THAT THEY WILL SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF, TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF THE PARTY’S RIGHT TO A JURY TRIAL AND RELATED TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE RELATIONSHIPS BETWEEN THE PARTIES.