THIS AGREEMENT is entered into by and between SIT STAY & PLAY LLC, and “Dog Owner” as defined below:
OWNER REPRESENTS, WARRANTS, UNDERSTANDS AND AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
1) Owner is the legal owner of the above-named dog(s) and/or is an authorized agent, is over the age of 18 (eighteen) years old, of sound mind, and has the full authority to enter into this Agreement.
2) Owner’s Dog(s) are healthy and will at all times while associated with STAY SIT & PLAY have current vaccinations for rabies, distemper and Bordetella, and any other communicable condition which may be required by SIT STAY & PLAY from time to time. Owner is not enrolling any dog that has any condition that could potentially jeopardize the health of other dogs or people. Owner’s dog(s) have/has not had any potentially communicable condition within 45 (forty five) days prior to beginning Care with STAY SIT & PLAY. Further, even if Owner’s Dog(s) is/are vaccinated for any of the above, Owner’s dog may still possibly contract same. Owner will not hold SIT STAY & PLAY responsible if Owner’s dog(s) contracts same and/or other ailment(s).
3) Owner’s dog(s) are free from fleas, ticks, and/or parasite(s). In the event that Owner’s dog(s) is observed to have fleas, ticks, and/or parasite(s), a flea/tick bath treatment will be applied and charged to the owner at a rate of up to $95.00 (ninety-five dollars), which is subject to vary based upon severity and the size of the dog(s) affected.
4) Owner’s dog(s) has/have a good temperament, having never harmed, demonstrated or demonstrated any signs of aggression, or any threatening behavior towards anyone, including any person and other dog(s). SIT STAY & PLAY may determine that a dog(s) behavior is unacceptable, and SIT STAY & PLAY may terminate care for Dog(s) for this reason and/or for any other reason.
5) In the event that SIT STAY & PLAY determines that the Dog(s) care is terminated, Owner will have 4 (four) hours to see that Owner’s Dog(s) are removed from the location where Owner’s Dog(s) are receiving care from SIT STAY & PLAY,(if applicable) unless a different location is agreed upon by SIT STAY & PLAY. Any time over 4 (fours) hours that Owner’s Dog(s) remains under the Care of SIT STAY & PLAY will result in additional fees, represented by $20.00 per hour that Owner is late.
6) Dog(s) by their nature may be subject to injury and may injure others, including other dogs and/or people and/or property. Owner namely represents, warrants, understands and agrees that by signing this Release of Liability, Owner assumes all risks, dangers, and responsibility for injuries which may occur to and/or by Owner’s Dog(s); Owner is solely responsible for any harm incurred while Owner’s Dog(s) is/are under the care of SIT STAY & PLAY, including to any other pet(s), to the employees, volunteers, other customers and/or invitees of SIT STAY & PLAY and to the equipment, facilities, and/or other property of SIT STAY & PLAY, caused by Owner’s Dog(s). SIT STAY & PLAY nor any of its employees,staff, or volunteers will be liable for any illness, injury, death, and/or escape of Owner’s dog(s) provided that reasonable care and precautions are followed, and Owner hereby releases SIT STAY & PLAY, including staff and volunteers of any liability of any kind whatsoever arising from or as a result of Owner’s dog(s)’s Care with SIT STAY & PLAY.
7) Owner authorizes that Owner’s Dog(s) may be walked and/or cared for by SIT STAY & PLAY along with other dogs. Nothing contained in this Agreement shall be construed to obligate SIT STAY & PLAY to provide care for Owner’s Dog(s) on an exclusive basis.
8) Dog(s) must have secure collars or harnesses to wear with an identification tag attached while receiving care from SIT STAY & PLAY. SIT STAY & PLAY shall not be responsible or liable for any lost or damaged personal property belonging to Owner or Owner’s Dog(s).
9) It is Owner’s responsibility to leave adequate supply of food, medications, and written instructions with Dog(s) name(s) thereon for Owner’s Dog(s) during the entire time Owner’s dog is under the care of SIT STAY & PLAY. Should Owner’s Dog(s)’s food and / or medication supply need replacement, Owner authorizes SIT STAY & PLAY to purchase replacement and Owner will reimburse SIT STAY & PLAY for the actual food and / or medication(s) costs plus up to a $25.00 (twenty-five dollars) trip fee (per occurrence) for time and travel.
10) Notwithstanding, SIT STAY & PLAY is hereby authorized to provide treats to Owner’s Dog(s), subject to the Owner’s instructions provided herein.: Yes ___or No ___ (noted by Owner in online reservation form).
11) SIT STAY & PLAY is hereby authorized to obtain medical treatment for Owner’s Dog(s) if he/she appears ill, injured, or exhibits any other behavior that would reasonably suggest that Dog(s) may need medical treatment. Owner agrees to be fully responsible for the cost of any such medical treatment and for the cost of any transportation for the purposes of such treatment. Owner expressly represents, warrants, understands and agrees that SIT STAY & PLAY is permitted to use Owner’s veterinarian(s) or nearest 24-hour veterinarian hospital for required treatment. Yes _or No __ . If Yes, Owner shall reimburse SIT STAY & PLAY for the actual cost of same plus up to a $25.00 (twenty-five dollars) trip fee (per occurrence) for time and travel. (noted by Owner in online reservation form)
12) Owner, especially Owner of elderly Dog(s) represents, warrants, understands and agrees that in the event that Owner’s Dog(s) pass(es) on while under the care of SIT STAY & PLAY, SIT STAY & PLAY stall transport Owner’s Dog(s) to Owner(s)’s veterinarian (within 15 miles) where Dog(s) will be held until Owner can be reached by the veterinarian for further instructions. If Owner’s veterinarian is closed or outside of our transport distance, then SIT STAY & PLAY will transport Dog(s) to nearest 24-hour facility. Owner shall reimburse SIT STAY & PLAY for the actual cost of same plus up to a $25.00 (twenty-five dollars) trip fee (per occurrence) for time and travel.
13) Owner represents, warrants, understands and agrees that in the event that Dog(s)’s nails are too long, and may/do cause deep scratches and/ or breaking of skin to staff, volunteers, and/or other dogs, at SIT STAY & PLAY’s sole discretion, SIT STAY & PLAY may require that Dog(s) receive a nail trim. Owner expressly agreed to reimburse SIT STAY & PLAY for Dog(s)’s nail trim at a cost of up to $25.00 (twenty-five dollars).
14) Owner represents, warrants, understands and agrees that in the event that Dog(s) fur is soiled, SIT STAY & PLAY will bathe Dog(s) a cost of up to $40.00 (forty dollars).
15) The base cost for Care is detailed in Appendix A, attached hereto. Care is subject to change by mutual agreement between SIT STAY & PLAY and Owner.
16) Payments are due and payable at the end of each visit. Payment may be made in cash, check, Vemno, and / or money order. In the event that check is returned for insufficient funds or stop payment, Owner shall be charged and pay a $35.00 returned check fee.
17) Cancellations must be made at least 24-hours (twenty-four hours) prior to reservation date. If cancellation is made less than 24-hours prior to reservation time, Owner will be charged for the full amount of the Care.
18) Nothing contained in this Waiver of Liability obligates SIT STAY & PLAY to provide and/or to continue Care to Owner’s Dog(s). SIT STAY & PLAY reserves the right to refuse admittance to any dog or dismiss any dog that does not meet or maintain the health, temperament or other of SIT STAY & PLAY’s standards.
19) SIT STAY & PLAY may utilize Owner’s Dog(s)’s name(s) and any images or likeness of Owner’s pet taken while he/she is receiving Care from SIT STAY & PLAY, in any form, for use at any time, in any media, marketing, advertising, illustration, trade or promotional materials, or the like, without compensation, and Owner releases to SIT STAY & PLAY all rights that Owner may possess or claim to such image, likeness, recording, or the like.
20) This Waiver and Release of Liability will take effect when SIT STAY & PLAY has administered Care, but its effective date will be retroactive to the date SIT STAY & PLAY first provided care, if earlier.
21) Each and every term contained herein shall be in full force and effect and shall apply to each and every occasion on which Owner’s Dog(s) is/are provided care by SIT STAY & PLAY; until and unless otherwise cancelled or superseded by a writing signed by the parties hereto.
22) This Agreement shall be binding upon the Parties and their successors and/or permitted assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. Consent shall not be unreasonably withheld or delayed. No assignment shall relieve the assigning party of any of its obligations hereunder.
23) Each Party acknowledges and agrees that any controversy which may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, each Party irrevocably and unconditionally waives any right if any to a trial by jury in respect to any legal action which may arise out of or relating to This Waiver And Release of Liability.
24) This Waiver And Release of Liability may be executed in counterparts, including in facsimile(s) and/or any other means of electronic transmission, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same, and deemed to have the same legal effect as delivery of an original signed copy of this Amendment.
25) This Waiver and Release of Liability is entered into in accordance with the law of the State of New Jersey, and New Jersey law will apply to any questions relating to the meaning of any provision herein.
26) Each provision of the Waiver and Release of Liability is severable. This means that if any term or provision of this Waiver And Release of Liability is determined by a Court of Law to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision herein or invalidate or render unenforceable such term or provision in any other jurisdiction.
27) This Agreement is a formal legal contract for SIT STAY & PLAY’s Care, intended to prevent misunderstandings, and it may vary the law otherwise applicable to same. Owner has an absolute right to discuss this Agreement with independent counsel (or any other advisor) before entering into this Agreement. This Agreement contains all terms in effect between the Parties. BY SIGNING THIS WAIVER AND RELEASE OF LIABILITY OWNER REPRESENTS, WARRANTS, UNDERSTANDS AND AGREES THAT OWNER HAS READ IT THOROUGHLY AND UNDERSTANDS AND AGREES TO BE BOUND TO ALL OF ITS TERMS AND CONDITIONS.