1. Bay Area Family K-9 Training LLC and its authorized representatives (hereinafter referred to as "Kennel") agree to board and/or train, as applicable, the Dog for Owner under the terms and conditions set forth in this Overnight Boarding & Training Agreement (this “Agreement”).
2. Owner represents and warrants that Owner is the sole owner of the Dog and has the authorization to consent to the services of Kennel.
3. Owner understands that all fees are payable in advance. This assures a spot in Kennel’s calendar for Owner’s Dog and other dogs are passed up once spots are taken. For this reason, Owner understands and agrees that there are absolutely NO REFUNDS.
4. The Owner guarantees payment for any charges arising under this Agreement, including additional boarding fees if the Dog is not picked up from Kennel at the predetermined time and date and any veterinary fees paid by Kennel on behalf of Owner. If for any reason Owner does not pay for any charges when a bill is presented, and the bill placed in the hands of a collection agency, the Owner agrees that a reasonable fee may be added for collection fees, and other such costs as a court may allow. Interest charged on overdue bill shall the lesser of the maximum rate allowed by law or 1.5% per month, compounded daily.
5. The Kennel shall have, and is hereby granted, a lien on the Dog for any and all unpaid boarding and/or other charges resulting from the boarding of the Dog with the Kennel. Owner hereby agrees that in the event the boarding charges are not paid immediately, the Kennel may exercise its lien rights, and ten days after notice to Owner, may dispose of the Dog for any and all unpaid charges, at private or public sale, and Owner specifically agrees that if such sale does not secure a price adequate to pay such charges plus costs of sale, then Owner shall pay to Kennel the difference. Any monies actually received by the Kennel at such a sale, over and above the charges due and cost of sale, shall be paid to the Owner. Notice shall be deemed to have been given pursuant to this paragraph if notice in writing of such intended sale shall be mailed by registered mail to Owner at the address given above, and no further notice shall be required.
6. If the Dog becomes ill or Kennel suspects the Dog is ill, Owner shall be notified at the e-mail addresses or phone numbers given above if reasonably possible. If owner does not immediately inform the Kennel regarding measures to be taken or if the state of the Dog’s health requires prompt action, Kennel shall have the right to call a veterinarian or to administer medicine or to give advisable attention within the discretion of the Kennel, and such expenses being reasonable in amount shall be promptly paid by Owner. If the Dog is to be groomed, the Owner shall deposit payment with the Kennel for the same and include written grooming instructions.
7. The Dog may to be taken off Kennel’s premises by the Kennel at Kennel’s discretion.
8. OWNER REPRESENTS AND WARRANTS THAT THE DOG IS NON-AGGRESSIVE. SHOULD THE DOG SHOW
AGGRESSIVE TENDENCIES TOWARDS ANY PERSON OR ANIMAL, OR SHOULD THE DOG’S BEHAVIOR BECOME UNCONTROLLABLE OR A NUISANCE BEYOND REASONABLE ACCEPTANCE, OWNER AGREES THAT THE DOG MAY BE MUZZLED. OWNER ALSO AGREES THAT THE KENNEL MAY USE APPROPRIATE EQUIPMENT (SUCH AS CRATE, PINCH COLLAR, E-COLLAR, HALTI, LONG LINE ETC.) ON THE DOG. Please remember the Dog will be spending time with other dogs and people, and the safety, health and enjoyment of all is Kennel’s primary concern. Owner represents and warrants that (a) the Dog has not harmed or shown any aggressive or threatening behavior towards any person and/or another dog, (b) the Dog is in good health and has not been ill with a communicable disease, including distemper or rabies, within the last 30 days and is free from any condition that could potentially jeopardize the health or safely of other animals or people, (c) there is no lien or mortgage against the Dog, and (d) the required annual license for the Dog has been obtained by Owner. Any Dog that has been ill with a communicable disease in the last 30 days will require a veterinarian’s certification of health to be admitted or re-admitted.
9. The Kennel does not assume and shall not be held responsible for any liability with respect to the Dog, of any kind, character, or nature whatsoever, arising out of or from the boarding of the Dog, or any damages which may accrue from any other cause whatsoever, including loss by fire, theft, running away, injury to persons, animals or property, unavoidable causes, or death or injury to any other animal during the term of this Agreement, whether this Dog be on the premises of the Kennel or not, and the Owner agrees to be and is solely responsible for any and all acts of behavior of the Dog at any time within the term of this Agreement. Owner agrees to indemnify, defend and hold harmless Kennel, its employees, officers, members and agents, from any claim, demand, lawsuit, losses, costs or expenses, including attorneys’ fees, arising from any action of any dog, including your own. In no case shall the Kennel be in any way liable or responsible. The responsibility and/or liability of the Kennel, in no event shall exceed the sum of One Hundred Dollars ($100.00) and Owner agrees to limit the responsibility of Kennel to the sum of One Hundred Dollars ($100.00) and no more, and agrees not to claim any damages against said Kennel of any nature whatsoever, either by way of contract, equity, negligence or otherwise, in excess of said sum.
10. Unless Owner files with Kennel, within thirty days from the date the Dog was removed from boarding at Kennel, a written demand for any claimed injury or damages resulting from such boarding of said Dog, Owner shall and does hereby waive any and all rights which he may have against the Kennel for any liability arising under this Agreement, for damages, or otherwise.
11. In any court action at law or equity that is brought by the parties to this Agreement to enforce or interpret the provisions of this Agreement, the Kennel will be entitled to reasonable attorneys’ fees if Kennel prevails, in addition to any other relief to which that Kennel may be entitled.
12. Owner gives permission to Kennel and its authorized representatives to use any photos, images or audio or video recordings of Owner, Owner’s representative and the Dog for any purpose. Owner also gives Kennel permission to use any testimonial, story or reference by Owner or Owner’s representative, including emails, for any purpose.
13. Kennel’s powers and authority enumerated herein shall be effective during the period when my Dog(s) are boarded with Kennel.
14. This Agreement will be effective upon the date signed below and shall terminate if (a) the Dog exhibits dangerous or vicious behavior or interferes with another dog, each at Kennel’s sole judgment, (b) Owner, Owner’s family members or Owner’s agent breach any term or condition of this Agreement, or (c) Kennel terminates this Agreement. Upon termination, Kennel’s duties shall terminate but all other provisions of this Agreement shall survive.
15. The singular, as herein used, means also the plural. If more than one dog may be listed above, this Agreement shall apply to all dogs listed. If a court or other body of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. The remedies hereunder are cumulative to Kennel and not alternative.
16. This Agreement and any reservation forms regarding overnight boarding and training with Kennel constitute the entire agreement between the parties and supersede any other document and/or oral representations and/or agreements. This Agreement may not be changed or modified except by a writing signed by Kennel. All terms and conditions of this Agreement shall be binding on the heirs, administrators, and assigns of the Owner.
Kennel may act for Owner and in Owner’s name in any way that Owner could as if Owner were personally present and exercising such power with respect to the Dog’s daily care such as feeding, watering, bathing, housing, social interaction, and administration of medication, and emergency medical care, including authorizing, withholding, or withdrawing any type of medical treatment or procedure, even though the Dog’s death may ensue, provided a licensed veterinarian is in agreement with the procedures being authorized, withheld, or withdrawn.
IF YOU ACCEPT, PLEASE INITIAL:
Owner gives permission to Kennel and its representatives to contact and have veterinary services performed on the Dog by the veterinarian named herein, or any veterinarian recommended by such named veterinarian or such named veterinarian’s office. Owner agrees to pay for any services rendered by such named veterinarian or recommended veterinarian. Kennel shall have the same access to the Dog’s medical records that Owner has, including the right to disclose the contents of those records to third parties. No procedure may be authorized exceeding $_______ without my specific consent obtained by phone or email. Owner waives any claim against Kennel and the care giver, including any veterinarians, and/or other agents or representatives thereof, for damages arising from the acts or omissions of any person or persons which is in any manner whatsoever related to the care of the Dog, including but not limited to those arising from any kind of injury, illness to or the death of the Dog, on or about Kennel’s property and related property, or from any illness, disease or injury that may arise.
IF YOU ACCEPT, PLEASE INITIAL: