Last Updated: January 18, 2013
This is an Agreement between K9 Loft, Inc., a California corporation (“K9 Loft”) and Pet Owner (hereinafter called “Owner”). Following are the terms of service for the stay of the OWNER’S pet(s) as a guest of K9 Loft:
1. By agreeing to this Agreement and leaving your pet with K9 Loft, Owner certifies to the accuracy of all information provided to K9 Loft in writing or orally about the Pet. K9 Loft reserves the right to deny admittance to the Pet or any pet for any reason at any time.
2. Owner specifically represents that he or she is the sole owner of the Pet, free and clear of all liens and encumbrances.
3. Owner specifically represents to K9 Loft that, to Owner’s knowledge, the Pet has not been exposed to any contagious diseases within a 30 day period prior to check-in. Owner represents that each time Pet is brought to K9 Loft, Owner 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 further agrees to provide K9 Loft with proof of required vaccinations upon request and prior to check in. In addition, Owner agrees that if any fleas or ticks are discovered on the Pet during check in or at any time during the Pet’s stay, K9 Loft will administer a flea bath to the Pet at Owner’s expense. K9 Loft will administer a spot flea and/or tick treatment to all Pets checking into the hotel.
4. While K9 Loft makes every effort to ensure the pets staying at a K9 Loft’s location are healthy by requiring their owners to affirmatively represent that all vaccines for their pet are current, Owner acknowledges and is aware that the employees of K9 Loft 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 a K9 Loft’s location. In addition, Owner acknowledges and is aware that vaccines do not protect against all communicable illnesses that may affect a pet. Owner 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 K9 Loft.
5. K9 Loft agrees to exercise reasonable care for the pet during its stay and, if applicable, during transport. If pet is transported to or from K9 Loft by K9 Loft’s staff, owner holds K9 Loft harmless in the event of injury or accident during transportation. It is expressly agreed by owner and K9 Loft that K9 Loft’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.
6. Owner agrees to be solely responsible for any and all acts or behavior of the Pet while in the care of K9 Loft, to include payment of costs for injury to staff or other animals or damage to facilities caused by the Pet. Owner further indemnifies K9 Loft against any claims made against K9 Loft or its employees or members or other agents or losses or damages of any kind suffered by K9 Loft as a result of Owner’s failure to inform K9 Loft of any pre-existing condition the Pet may have (such as illness or aggression problems) or which were otherwise caused by the Pet.
7. Owner understands that K9 Loft utilizes playgroups where dogs interact and co-mingle. Squirt water bottles, citronella spray, and citronella bark collars may be used for correction. In extreme cases dogs may be muzzled for their protection or the protection of other dogs or staff or for excessive barking. Owner agrees that the Pet may be removed from a playgroup at K9 Loft’s discretion and not permitted to interact further with other dogs during current or any subsequent stays. Owner further understands that when dogs play in groups that nicks and scratches may occur. Staff may or may not notify Owner immediately if the Pet sustains any nicks or scratches and even if the Pet is seriously injured, K9 Loft’s staff may wait and notify Owner when the pet is picked up by or delivered to the Owner.
8. Owner agrees to pay the pet care service rate in effect on the date Pet is checked into K9 Loft and to pay for any additional services requested when Owner picks up Pet. Owner further agrees that the Pet shall not leave the facility until all charges due are paid by Owner or proper payment arrangements are agreed upon by both parties.
9. All charges incurred by Owner and not previously paid shall be payable upon pickup or delivery of Pet, or when billed by K9 Loft at the address listed on this contract. K9 Loft shall have, and is hereby granted, a lien on the Pet for any and all unpaid charges resulting from services provided by K9 Loft. Owner hereby agrees that in the event the charges are not paid when due in accordance with this contract, K9 Loft may exercise its lien rights within ten days after written notice has been given by K9 Loft to Owner by certified mail to address shown on contract. K9 Loft may dispose of Pet for any and all unpaid charges, at private or public sale, at the sole discretion of K9 Loft, and Owner 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 delinquent, plus costs of sale, then Owner shall be liable to K9 Loft for the difference. All monies realized by K9 Loft at such sale, over and above the charges due and costs of sale, shall be paid to Owner.
10. In an emergency, K9 Loft will attempt to contact 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 K9 Loft to obtain medical attention for Pet from any qualified veterinarian and to transport Pet to and from that veterinarian when K9 Loft deems such medical care is important to Pet’s health. Owner grants K9 Loft or its employees or agent’s full decision making power involving medical treatment of Pet and agrees to pay for all costs. This applies to any claims for injuries or damages related to such medical care or transport. In the event of a Pet’s death the Owner’s emergency contact will be notified immediately.
11. 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 K9 Loft.
12. 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(s) shall apply California 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 California 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 12, 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.