Pet Services Agreement
Pet Services Agreement This Agreement is between Happy Mailman Midtown LLC dba Midtown Groom & Board (“Midtown”) and the pet owner (hereinafter called “Owner”). This Agreement provides the terms of service applicable to overnight boarding, daycare, grooming, training, dog walking, transportation, and any other related services (collectively “Services”) provided by Midtown to Owner’s pet(s) (“Pet”) .
1. By entering into this Agreement, Owner attests to the accuracy of all information provided (both in writing and orally), about the Pet. Owner acknowledges that Midtown takes reasonable precautions to ensure the safety and comfort of all dogs serviced by Midtown. Accordingly, Midtown reserves the right to deny service or to remove any pet for any reason, and at any time. Owner specifically represents that he or she is the sole owner of the Pet, free and clear of all liens and encumbrances.
2. Owner specifically represents to Midtown that: (a) to Owner’s knowledge, the Pet has not been exposed to any contagious diseases within a 30 day period prior to check-in; and (b) Pet is current on its vaccinations and is either (1) altered (spayed or neutered), or (2) less than 7 months of age if using boarding or daycare services. Owner agrees to provide Midtown with proof of required vaccinations upon request and prior to check in.
3. Midtown agrees to exercise reasonable care for the Pet during provision of Services. Owner nevertheless releases and holds Midtown harmless from any and all liability, including without limitation claims for indirect, consequential or emotional damages, arising from or in connection with Midtown's provision of services to Pet. Moreover, Owner indemnifies Midtown from claims of third parties for injury (including death) or damages to the person or property of such third party arising from the Pet, except in the event of gross negligence of Midtown. This indemnification shall include all costs and expenses incurred by Midtown, including attorneys' fees, and shall survive this Agreement. Without limitation to the foregoing, it is further expressly agreed by Owner that Midtown’s liability in connection with the provision of Services shall in no event exceed the lesser of the current chattel value of a Pet of the same breed or the sum of $500.00 per animal admitted. Owner further releases Midtown from any/all liability that may occur as the result of the Pet jumping over or digging under a fence or enclosure, or injury caused by the Pet in its crate. Owner acknowledges that personal item(s) left at Midtown may not be returned in original condition, and leave such items at Owner’s own risk.
4. Owner agrees to be solely responsible for any and all acts or behavior of the Pet while in the care of Midtown, to include payment of costs for injury to staff or other animals or damage to facilities caused by the Pet. Owner further indemnifies Midtown against any claims made against Midtown or its employees or members or other agents or losses or damages of any kind suffered by Midtown as a result of Owner’s failure to inform Midtown of any condition or predisposition the Pet may have (such as illness or aggression problems), or which were otherwise caused by the Pet.
5. Owner understands that Midtown utilizes playgroups where dogs interact, and that playgroups may not be supervised at all times. Owner knowingly accepts the risks associated with allowing Pets to play communally with other animals while on the premises, and that dog behavior is unpredictable and may change at any time without warning. Owner understands that when dogs play in groups there is a known and assumed risk that nicks and scratches may occur. Staff may or may not notify Owner immediately if the Pet sustains nicks or scratches. Midtown will attempt to contact and notify the Owner or Emergency Contact if a Pet is seriously injured.
6. All charges incurred by Owner for Services rendered by Midtown shall be payable upon pickup or delivery of Pet. Midtown shall have, and is hereby granted, a lien on the Pet for any and all unpaid charges resulting from Services provided by Midtown. Owner agrees to pay service rates in effect on the date Pet is checked into Midtown and to pay for any additional services requested. Owner agrees that the Pet shall not leave the facility until all charges due are paid by Owner. Any and all additional collection fees, including legal expenses, incurred by Midtown will be paid for by Owner.
7. Owner agrees that if he/she is a “no-show” to any reservation, Midtown reserves the right to charge the Owner according to current cancellation policies set by Midtown, and that if he/she is a “no-show” during a peak or holiday period and has not cancelled at least seven (7) days prior to check in for a boarding reservation, he/she may be charged for a four (4) night stay.
8. Owner agrees to notify Midtown if the Pet’s stay will exceed the scheduled checkout date. If the Pet is left in the care of Midtown for (7) or more days past the scheduled pickup date without notification from Owner, the Owner agrees that Midtown may contact appropriate authorities and/or make any arrangements necessary to remove the Pet from Midtown premises. In the event of such situation, the Owner waives all rights to the Pet and waives all statutory or legal rights with respect to the Pet.
9. In an emergency, Midtown may attempt to contact the Owner and/or the Pet’s personal veterinarian as well as the emergency contact provided by Owner; however, such an emergency might not provide the time to do so prior to the administration of care. Owner authorizes Midtown to obtain medical attention for Pet from any qualified veterinarian and to transport Pet to and from that veterinarian when Midtown deems such medical care is important to Pet’s health. Owner grants Midtown or its employees or agent’s full power of decision making and power of attorney involving the medical treatment of Pet and agrees to pay for all costs. Payment of any costs by Midtown does not expressly or impliedly admit to liability for those costs. This applies to any claims for injuries or damages related to such medical care or transport.
10. 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 and Midtown. If any term of this Agreement, in whole or in part, shall be judicially determined to be invalid or unenforceable, such determination shall have no effect on the validity or enforceability of those terms which are otherwise valid and enforceable and this Agreement shall otherwise remain in full force and effect. Unless necessarily universal in character, any determination of invalidity or unenforceability shall have application only to the extent relevant to the facts and circumstances which give rise to the determination.
11. 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 submitted to binding arbitration according to 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 the law of the state and locality where the Services were provided to the merits of any dispute or claim. The parties hereby consent to the personal jurisdiction of the state and federal courts located where the Services were provided 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, however nothing herein shall diminish the express intent of the parties that arbitration shall serve as the sole and exclusive forum for resolution of all disputes by and between the parties to this Agreement to the maximum extent allowed by law. THE PARTIES HAVE READ AND UNDERSTAND THIS CLAUSE 11, 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 RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE RELATIONSHIP BETWEEN THE PARTIES.
Note: Required immunizations for dogs are Rabies, Bordatella (kennel cough), and DHLPP (Distemper, Hepatitis, Leptospira, Parvovirus, Parainfluenza).