DOGS OF DORR SERVICES AGREEMENT 

 

BY USING DOGS OF DORR’S SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THE BELOW TERMS AND CONDITIONS AND ARE ACCEPTING THIS AGREEMENT. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE DOGS OF DORR.  

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This is an agreement between Dogs of Dorr LLC (“Dogs of Dorr”, “We”, “Us”) and the pet owner executing the Agreement (“Owner” or “You”). You agree to all of Our policies, procedures, terms and conditions set forth below and as part of registration.

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T E R M S AND CONDITIONS

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1.              Dogs of Dorr’s Services.  We will provide the services you identify as part of your reservation (the “Services”) on the dates you have reserved for your dog. Each dog will have its own cabin with both indoor and outdoor space, but We reserve the right to restrict dogs to indoor space (e.g., in the event of severe weather, behavioral conditions, etc.) and isolate dogs in our sole discretion. Unless you specify otherwise during registration, Your dog will be allowed play time with other dogs. If you do not want your dog to commingle and socialize with other dogs, you must let us know in writing. We will exercise due and reasonable care to keep Our premises sanitary and properly enclosed and to take precautions against sickness, injury, escape, loss, accidents or death, but we make no guarantee that accidents will not happen. We will not be providing 24 x 7 supervision of dogs, but we do use security measures to monitor Our premises and all dogs to whom we are providing Services. 

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2.              Reservations and Cancellations.  We require reservations for all Services. Reservations will only be confirmed upon receipt of Your acceptance of this agreement and proof of the required veterinary records. Dogs of Dorr reserves the right to refuse to accept the reservation of a dog at any time, for any reason. Specific drop off and pick up dates and times will be scheduled as part of the reservation process. We request that you provide at least 7 days’ advance notice for any changes to your reservation, and You will be charged fifty percent (50%) of the current rate for the full reservation if this notice is not timely provided. This cancellation policy applies where You pick up your dog earlier than scheduled. These cancellation policies may not apply in the event of certain emergency situations beyond Our reasonable control, for example, where Services are impossible or impracticable due to natural disaster, war, riot, or similar disaster (“Force Majeure Event”). In the event that We must cancel a reservation due to a Force Majeure Event, We will refund the fees you have prepaid for the cancelled Services.  We may waive fees in our sole discretion if You cancel due to Force Majeure.

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3.              Late Pickups and Abandoned Dogs. You may not leave Your dog at Our premises after the scheduled pickup time without prior communication with and approval by Us. If You arrive to pick up your dog after the scheduled pick up time, You will be charged for an additional day of boarding. If You fail to pick up Your dog on the scheduled pickup date, You will be charged double the daily rate for each day after the scheduled pickup. If you leave Your dog without any contact, instruction, or notification regarding pick up, Your dog shall be deemed abandoned by You on the third business day after the scheduled pickup date, and We shall become the dog’s legal owner, and We may, in Our sole discretion, either surrender the dog to the appropriate animal control authority as a stray, provide the dog to a rescue, or rehome Your dog.   YOU UNDERSTAND AND AGREE THAT IF YOU ABANDON YOUR DOG YOU WILL BE UNABLE TO RETRIEVE POSSESSION OF YOUR DOG AND WILL HAVE NO RECOURSE AGAINST US.

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4.              Fees. You agree to pay all costs and charges for services and products requested. Fees for boarding Services are charged per day. You agree to pay the rate in effect on the date Your reservation is accepted, and that You will be charged for Your pet’s date of arrival, regardless of what time You check in. You further agree to pay all costs and charges for special services, products, and expenses, as set forth on our website and further described in this Agreement.  Fees for boarding Services are due no later than at the time you drop off your dog. If you elect to purchase products (such as treats and toys) as part of the Services, You agree to pay for such products at the time of purchase. Fees accrued during stay (for food, veterinary care, etc.) will be due when You pick up your dog. You agree that Your dog will not be allowed to leave until all charges are paid in full.

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5.              Dog Safety Policies. You represent that you are the lawful and valid owner of the dog that will receive Services from Us. In order to receive Services, your dog must meet the following requirements:

·      Be current on Rabies, Distemper, Parvovirus, Parainfluenza, Bordetella, and other required vaccinations;

·      Be at least 4 months of age;

·      Be in general good health and free of ticks and fleas, and without exposure to rabies, parvovirus, or distemper within 30 days prior to boarding;

·      Limit play and comfort items brought from home for Your dog to those on Our list of pre-approved items;

·      Arrive wearing a soft flat collar (no choke or prong collars) that contains an identification tag bearing the dog’s name and Your current contact information;

·      Be leashed when entering or leaving Our premises on a leash that can be left with the dog.

We reserve the right in Our sole discretion to refuse to accept a dog at check-in if it appears that the dog is sick, injured, or in pain, or if its behavior could jeopardize the health or safety of other dogs or Our staff.

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6.              Medical and Behavioral Issues.  You agree to be solely responsible for any and all acts or behavior of Your dog while it in in Our care. You agree to provide all veterinary and immunization records upon registration and as may be requested by Us.  We require all immunization records be signed and dated by Your veterinarian. You further grant Us permission to request and obtain veterinary records directly from your dog’s veterinarian if We are not able to obtain the records from You.  By executing this Agreement, you expressly authorize Your veterinarian to release health, treatment, and immunization records to Dogs of Dorr upon request. You must disclose any and all medical or behavioral conditions relating to Your dog, and promptly update this disclosure so that We have current information prior to the provision of Services. Without limiting the foregoing, You agree to disclose all signs of aggression previously shown by Your dog towards other animals or people. In the event of undesirable behaviors such as aggression, destruction, excessive barking, You agree that We may isolate your dog, and We may place the dog into a kennel for its safety. Unless You indicate otherwise at registration, We may also give Your dog calming chews. You will be held solely responsible for any and all acts of aggressive behavior that takes place during the Services. If Your dog requires medications, including injections, You must provide such medication and all relevant instructions to Us at registration. You must notify Us during registration if your female dog is in heat. Although all dogs receiving Services are required to be vaccinated, it is still possible for a pet to become ill with a contagious condition. You understand and acknowledge this risk and agree that We are not liable for any expense related to illness suffered by Your dog during or after its stay, including, but not limited to kennel cough, parvovirus, distemper, giardia, or canine influenza.

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7.              Food. Dogs will be fed in accordance with instructions You provide. You must provide Us with individually-packaged and pre-portioned food in containers marked with Your dog’s name, Your name, and feeding instructions. If You fail to provide food meeting these requirements, Your dog will be fed food of our choosing, and You will be charged an additional fee for such food.

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8.              Video and Images of Dogs.  You agree that We may use Your dog’s name and any image or likeness of your dog taken by us in Our promotional and advertising material, at any time and in any media. Without limiting the foregoing, You authorize Us to use photographs and videos of Your dog on our website, social media, and marketing materials. To the extent that We use video and audio surveillance of Our premises and dogs on Our premises, You acknowledge and consent to same. If We launch a video feed that enables you to view Your dog during its stay, Your use of and access to such video feed is conditioned on Your agreement not to screenshot, copy, reproduce, alter, modify, or create derivative works from such video without Our prior consent. 

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9.              Personal Property.  Do not bring or leave items with Your dog that are valuable or irreplaceable. We will not be liable for any lost, stolen, or damaged personal property belonging to You or Your dog.  If Your dog causes any damages to Our premises, You will be liable for the full cost of repairs and replacements.

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10.           Training.  You consent to Our use of Your dog for staff training while Your dog is in our care.  

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11.           Communications.  You consent to receive electronic communications from us regarding your dog and the Services, and you further consent to receive administrative and legal notices and marketing messages electronically.  If you wish to stop receiving electronic marketing messages, you may notify us and request that change. 

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12.           Veterinary Care.  You acknowledge that, despite Our effort to avoid accidents and illness, such things sometimes occur.  If it appears that Your dog may need medical attention, reasonable efforts will be made to contact You for further direction. You agree that the individual(s) whom you have identified as emergency contacts shall have the authority to make medical decisions for Your dog.  In the event that We cannot communicate with You or your emergency contact, We will follow the directives you provided to Us upon registration, including any cap on veterinary services You have provided. Unless You have specifically restricted Us from providing emergency medical treatment for your pet, We and our veterinarian of choice shall make medical decisions for Your dog’s treatment, and You understand that You will be charged for all transport to/from and expenses relating to all veterinary care. In the unfortunate event that Your dog passes away while in our care, We will have your pet held at a veterinary facility until You or Your representative are able to pick up Your pet, or, if You wish, and at Your sole expense, We will arrange to have Your dog cremated.  If We cannot reach You or Your emergency contact in a timely manner, You authorize Us to engage the services of a veterinarian to cremate your pet. YOU AGREE TO BE FULLY RESPONSIBLE FOR ALL RESULTING COSTS RELATED TO ANY MEDICAL TREATMENT FOR YOUR DOG, INCLUDING WITHOUT LIMITATION THE COST OF ANY TRANSPORTATION FOR THE PURPOSE OF SUCH TREATMENT. YOU HEREBY RELEASE DOGS OF DORR AND THE TREATING VETERINARIAN FROM ALL LIABILITY FOR ALL COSTS, EXPENSE, AND LIABILITY RELATING TO SAME AND WAIVE ALL CLAIMS AGAINST DOGS OF DORR RELATING TO MEDICAL ISSUES RELATING TO YOUR PET EVEN IF SUCH ISSUES AROSE DURING THE PERFORMANCE OF THE SERVICES.

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13.           Waiver, Release, and Indemnification.  You understand and explicitly agree that You are solely responsible for any and all acts or behavior of Your dog occurring during the term of this Agreement or through the Services. YOU HEREBY WAIVE AND RELEASE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS,  DOGS OF DORR AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SERVICE PROVIDERS, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LITIGATION, ACTIONS, SUITS, COSTS, LOSSES, DAMAGES, FEES, EXPENSES OR DEMANDS (INCLUDING REASONABLE ATTORNEYS FEES) RELATING TO, ARISING OUT OF OR RELATING TO OUR SERVICES, INCLUDING, WITHOUT LIMITATION, (A) ANY INACCURACY IN ANY STATEMENT YOU HAVE MADE TO US OR INFORMATION PROVIDED BY YOU TO US; (B) LIABILITY AND EXPENSE RELATING TO YOUR DOG, INCLUDING BUT NOT LIMITED TO DESTRUCTION OF PROPERTY, DOG BITES, INJURY, AND TRANSMISSION OF DISEASE, OR (C) ANY ACTION BY YOURSELF WHICH IS IN BREACH OF THE TERMS OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO INDEMNIFY AND HOLD DOGS OF DORR HARMLESS FOR ANY AND ALL DAMAGES THAT YOUR DOG MAY CAUSE TO DOGS OF DORR’S STAFF, OTHER ANIMALS, OR GUESTS, AND FOR ANY AND ALL COSTS, EXPENSE, AND LIABILITY RELATING TO MEDICAL OR VETERINARY CARE RELATING TO YOUR DOG.

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14.           Limitation of Liability.  YOU AGREE THAT DOGS OF DORR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER RELATING FROM THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU AGREE DOGS OF DORR’S TOTAL LIABILITY WILL NOT EXCEED THE LESSER OF THE CURRENT CHATTEL VALUE OF A PET DOG OR THE AMOUNT PAID BY OWNER TO DOGS OF DORR FOR SERVICES PERFORMED PURSUANT TO THIS AGREEMENT, WHICHEVER IS LESS.

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15.           Survival. The provisions of this Agreement relating to Video and Images of Dogs, Limitations of Liability, and Indemnification shall survive termination or completion of this Agreement.

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16.           Successors and Assigns.  This Agreement shall bind Dogs of Dorr and its successors and assigns and You, Your heirs, Your successors, and Your assigns.

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17.           Severability.  If any word, phrase, clause, sentence or provision of the Agreement, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, such finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not affect the remaining portions of the Agreement, this being the intent of the parties in entering unto this Agreement; and all provisions of this instrument are declared to be severable for this purpose.

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18.           Construction of Agreement.  This Agreement is to be construed in accordance with the laws of the State of Michigan.  Although the Agreement is substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other.  There are not third-party beneficiaries to this Agreement.

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19.           Full and Final Agreement.  This Agreement, in combination with the registration form, constitutes the entire agreement of the parties concerning the subject matter hereof and may only be amended by a written document signed by both parties.  All prior or contemporaneous understandings, whether written or oral, are merged herein.

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20.           Venue.  The parties agree that venue and jurisdiction of any suit, right, or cause of action arising under or in connection with this Agreement shall lie exclusively in Courts of competent jurisdiction in Allegan County, Michigan or if suit cannot be filed or maintained in such courts, then in Federal Courts in the Western District of Michigan.

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21.           Electronic Signature.  By completing registration for Services, You agree and acknowledge that your electronic signature is the legal equivalent of a written or manual signature and that you are authorized to sign this document.