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THE LUCKY DOG RETREAT, INC. CONTRACT
Lucky Dog Retreat, Inc. (“LDR”) agrees to provide daycare and/or boarding services to the dog below subject to LDR’s space limitations, operating hours, then-current fee schedule, and the provisions of this Lucky Dog Retreat, Inc. Contract (the “Contract”). Fee schedules are available upon request and at www.luckydogretreat.com and are subject to change in the sole discretion of LDR.
LDR will not accept dogs who are or who appear to be aggressive, destructive or uncontrollable. Due to the manner in which dogs play and interact, there is a risk inherent in leaving a dog in a daycare setting.
LDR DOES NOT ASSUME AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGES THAT MAY ARISE OUT OF THE CARE OF YOUR DOG WHETHER SUCH DAMAGES ARISE FROM ACCIDENT, NEGLIGENCE, OR OTHER CAUSE OF LOSS OR INJURY TO YOUR DOG, ANOTHER DOG, A PERSON OR PROPERTY. THIS INCLUDES -- BUT IS NOT LIMITED TO -- DAMAGE AND/OR INJURY CAUSED BY FIRE, THEFT, RUNNING AWAY, FIGHTING OR OTHER ACTIVITY, ACTION, OR INACTION. IN ANY EVENT, THE UNDERSIGNED OWNER AGREES NOT TO CLAIM ANY DAMAGES AGAINST LDR OF ANY NATURE WHATSOEVER, INCLUDING DAMAGES BASED UPON NEGLIGENCE, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, AND BREACH OF CONTRACT OR OTHER THEORY IN EXCESS OF $100.00. UNLESS THE OWNER OF THE BELOW NAMED DOG FILES A COMPLAINT OR SUIT OR OTHER ACTION AGAINST LDR WITHIN THIRTY DAYS FROM THE DATE OF THE INCIDENT WHICH FORMS THE BASIS OF THE CLAIM FOR DAMAGES, THE UNDERSIGNED OWNER SHALL AND DOES HEREBY WAIVE ANY AND ALL RIGHTS WHICH SAID OWNER MAY HAVE AGAINST LDR. THE UNDERSIGNED OWNER AND LDR AGREE THAT THIS CONTRACT WILL BE GOVERNED BY THE LAWS OF THE STATE OF INDIANA AND THAT ANY AND ALL SUITS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE COURTS LOCATED IN MARION COUNTY, INDIANA.
AS THE UNDERSIGNED OWNER OF THE BELOW NAMED DOG, I AGREE TO BE SOLELY RESPONSIBLE AND INDEMNIFY LDR AND HOLD LDR HARMLESS FROM ANY CLAIMS ARISING FROM OR RELATED TO ANY AND ALL ACTS OF MY DOG AND ANY DAMAGES OR INJURY TO OTHER DOGS, PERSONS OR PROPERTY PROXIMATELY CAUSED BY THE ACTS OF MY DOG AT ALL TIMES THE DOG IS AT LDR.
I agree that LDR reserves the right to refuse to accept my dog in its sole discretion. I further agree that if my dog becomes ill or displays behavior LDR deems dangerous, aggressive, or uncontrollable, LDR may take any action it deems necessary to protect LDR, its property, its customers, and the other dogs under the care of LDR.
I agree that my dog must be in good health and remain current on Rabies, DHLPP, Bordetella vaccinations and must be spayed or neutered by six months of age. I agree to provide proof of all required vaccinations prior to my dog’s first visit at LDR and to provide proof of updated vaccinations upon expiration of those vaccinations and prior to my dogs return to LDR. All dogs must be on a scheduled flea and heartworm program.
Should LDR determine that the below named dog has become seriously ill or injured while in the care of LDR, LDR will attempt to effect treatment of said dog in a manner it deems reasonable and necessary. Upon LDR’s determination that said dog is seriously ill or injured, LDR will make an attempt to contact the undersigned owner, any designated emergency contact, any designated veterinarian, and LDR’s veterinarian, in that order, in its effort to seek treatment of said dog. AS THE UNDERSIGNED OWNER, YOU WILL BE SOLELY RESPONSIBLE FOR, AND AGREE TO INDEMNIFY LDR FROM ANY EXPENSES, INCLUDING VETERINARIAN EXPENSES, INCURRED IN THE TREATMENT OF YOUR DOG.
I agree that my dog will only be released to the undersigned owner unless prior arrangements have been made, in writing, with a LDR staff member
I agree that my dog may be photographed or videotaped. LDR shall be the exclusive owner of the videotape or photographs or other recordings. LDR retains all rights to copyright and to use and license said images in any manner. I further agree and understand that my dog may be used in any and all media in the promotion and advertising for LDR.
Additional charges, reservation changes, and cancellation fees
LDR’s hours are from 7:00 a.m. to 7:00 p.m. I agree that payment is required prior to or at the time the owner retrieves the dog from LDR.
• Late Charges: If my dog is not picked up by 7:00 p.m., I agree that I will be charged a late fee in accordance with LDR’s then-current fee schedule. If my dog is not picked up by 7:45 p.m., s/he will be kept overnight and I agree that I will be charged a late fee, kennel reset fee, and an overnight boarding fee in accordance with LDR’s then-current fee schedule.
• Cancellations: 48 hour cancellation notice is required for all boarding reservations and 24 hour notice for all daycare reservations. Any failure to provide notice of cancellation in accordance with this provision will result in charges to the undersigned owner’s account in the amount of the originally scheduled reservation.
• Reservation changes: Dogs can be dropped off and picked up any time between 7:00am and 7:00 p.m. except on Christmas and Thanksgiving days. Early pickups and late drop offs are permitted but are still subject to the original reservation’s charges and fees.
• Memberships: Daycare memberships are available for clients that have a standing weekly reservation. Members will receive a $2.00 discount. Members have a guaranteed weekly reservation and a bin to store their dog’s belongings. 24 hour notice is required and memberships can be revoked for no-shows, late cancellations or excessive cancellations / changes at sole the discretion of the LDR.
I agree that if my dog is not picked up within fifteen days of its originally scheduled pick-up, unless prior arrangements have been made and after LDR attempts to notify me of said unauthorized stay, my dog will be deemed abandoned and I do hereby transfer all right, title, and interest to my dog to LDR. AS THE UNDERSIGNED OWNER, I AGREE TO BE SOLELY RESPONSIBLE FOR AND AGREE TO INDEMNIFY LDR FROM ALL EXPENSES ASSOCIATED WITH THE UNAUTHORIZED STAY OF MY DOG AND THE ULTIMATE DISPOSITION OF MY DOG SHOULD IT BE CONSIDERED ABANDONED.
Any modifications of this Contract must be in writing and signed by the undersigned owner and a member of LDR staff. LDR reserves the right to terminate this Contract at any time upon written notice to the undersigned owner.
All terms and conditions of this Contract shall be binding on the heirs, administrators and assigns of the undersigned owner and any future additional owners of the below named dog If any term or provision of this Contract is deemed illegal, invalid, or unenforceable, for any reason, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the remainder of the Contract.
This Contract is the entire agreement between the parties and supersedes any other document and/or oral representation and/or agreements.
At all times throughout this Contract, the term “owner” references the undersigned owner and should be considered plural when multiple owners are party to this Contract.
At all times throughout this Contract, the term “dog” references the dog listed at the bottom of this Contract and should be considered plural when multiple dogs are listed at the bottom of this Contract.
At all times throughout the Contract, the term LDR refers to the Lucky Dog Retreat, Inc. and the entirety of the corporate entity including its employees, owners, and physical corporate and operating locations.
EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THIS CONTRACT, LDR MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS CONTRACT.