Barks n’ Rec INC. Client Guardian CONTRACT, RELEASE AND AGREEMENT
RELEASE OF LIABILITY AGREEMENT, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY AGREEING TO THE TERMS OF THIS DOCUMENT YOU WILL WAIVE
CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY!
Barks n’ Rec agrees to exercise due diligence and reasonable care, and to keep the premises sanitary and properly enclosed. All dogs are handled or cared for by Barks n’ Rec staff without liability on the part of Barks n’ Rec for loss or damage from disease, fire, theft, escape, injury, death, or harm to persons, other dogs or property by my dog(s), or from other unavoidable causes, due diligence having been exercised. In the event of an emergency involving my Dog, or if the state of my Dog’s health requires professional attention, Barks n’ Rec, based on its sole discretion and acting reasonably, has the right to administer aid and/or engage the services of any veterinarian on my behalf. I agree to pay all expenses and applicable fees related to any aid given or services engaged. Furthermore, I hereby release Barks n’ Rec from responsibility for any damages or injuries whatsoever stemming in any way from such an incident of emergency.
*I have read the fee schedule and agree to pay all charges. I understand that prices are subject to change. I further understand that no refunds will be given once payment is received by the daycare.
*Pick up for daycare Mon – Wed – Fri 6pm, Tues & Thurs 7pm - late pick up fee of $15.00, will be applied each ½ hour. Should my Dog not be picked up by the pre arranged times, I authorize Barks n’ Rec to take whatever actions the daycare deems necessary including boarding to care for my Dog, and I will pay all resulting costs and charges.
*No shows fee is $25.00 (for dogs that have booked with us and did not come, with zero cancelation, email phone)
*Late Cancelation fee is $15.00 (cancelations made after 6pm the day before your scheduled visit.)
*Last minute Booking $10 fee ( if and when we can accommodate late requests )
*Administration of Medications for your dog – a $10.00 per day charge will be applied
*Daycare reservations are required at least 24 hours in advance to ensure Barks n’ Rec has an adequate number of staff on hand to care for all dogs.
*I agree to pay any and all attorney fees incurred by Barks n’ Rec in the collection of all dog services, or other charges accrued by the owner of the Dog.
*I confirm that my Dog is in good health, has not been exposed to rabies, parvovirus, or distemper within the 30-day period prior to the date of this agreement, and has not harmed or exhibited aggressive or threatening behaviour toward any person or any other dog. I allow Barks n’ Rec to contact my veterinarian to confirm my Dog’s health and vaccinations, and I hereby authorize my veterinarian to release those records to Barks n’ Rec. I must provide valid proof of current DHPP and Bortadella vaccinations before my Dog can be left at Barks n’ Rec. I agree to maintain vaccinations and inform Barks n’ Rec staff of any changes or updates. Dogs must be on a veterinarian-approved flea prevention program.
*Barks n’ Rec staff will enforce rules of “clubhouse etiquette” to ensure that the clubhouse remains a safe, healthy environment for all guests. In a firm but fair manner, staff will ensure that dogs do not bark, jump and or mount excessively. Fighting and bullying are strictly discouraged. Verbal commands, physical intervention, “time-outs,” water bottles and citronella collars are among the techniques Barks n’ Rec may employ. If unwanted behaviour persists, Barks n’ Rec reserves the right to expel problematic dogs. Barks n’ Rec reserves the right to refuse any dog.
Despite all dogs appearing mentally and physically sound and being treated with the utmost care and foresight, dogs are unpredictable and have the potential of displaying unwanted behaviours without warning. I understand that participation in dog daycare – including transportation to and from Barks n’ Rec premises – is not without some risk to guardians, family members, guests, other people, dogs and possessions. These risks can include – but are not limited to – illnesses and injuries to persons or dogs, such as bites, cuts, scrapes and abrasions to pads.
I hereby declare that I am responsible for personal injury, injury or damage to other dogs, or damage to property caused by my dog(s) while under the care and control of Barks n’ Rec and its agents, or any time my dog(s) is on Barks n’ Rec premises. I agree to assume full and sole responsibility for any and all costs thereof.
Assumption of Risk
I agree to hold harmless and release from liability Barks n’ Rec, its shareholders, directors, officers, employees, agents and affiliates from any and all claims or suits which arise in any way out of services provided by Barks n’ Rec or affiliates, or as a consequence of my association with Barks n’ Rec, including but not limited to lost or misplaced property, any injury, illness, damage or loss to myself or my dog(s), or from any pre-existing health condition of my dog(s), either known or unknown to Barks n’ Rec.
The undersigned hereby agrees to indemnity, agrees to hold harmless, and to release from liability, for any claim by any person or company against Barks n’ Rec and/or its principals and affiliates, including the legal costs to defend any such claim, whether or not the damages are caused in whole or in part by the negligence, actions or inaction of any of these parties.
Limitation of Liability
Notwithstanding this full and unlimited release, if in the event Barks n’ Rec is held liable by legal judgment, arbitration, or any authority for any damage suffered by Guardian(s) or dog(s), the scope of its liability will be limited to the total amount paid to Barks n’ Rec by the Guardian under the Contract over the 12-month period preceding the judgment.
My dog(s) may be videotaped, photographed, and recorded when on Barks n’ Rec premises, and Barks n’ Rec shall be the exclusive owner of the results and proceeds of such taping, photography and recordings, with the rights of unlimited use throughout the world, and to copyright, use and license in any manner.
I certify that my dog(s) has not shown aggression or threatening behaviour towards any person, other dogs, toys, or food.
I grant Barks n’ Rec full and complete authority to care for my dog in any situation in the best manner the company sees fit, which could include engaging the services of outside professionals. I agree that I will without question pay for any extra expenses incurred in the reasonable and appropriate care of my dog, as determined by Barks n’ Rec, regardless of the situation. I hold Barks n’ Rec blameless and free of legal, financial and all other liability for any costs, damages or distress of any nature caused to or by my dog(s) against myself, staff, visitors, other dogs, Barks n’ Rec property, or private property. I furthermore agree to compensate Barks n’ Rec, outside staff, and/or other Guardians in full for any such damage.
Release from Liability
Signing below indicates your acknowledgement, understanding, and voluntary and unconditional agreement to all of the terms contained within this Release. This Care Contract applies to the current relationship between Barks n’ Rec and me. Each time I bring my Dog to Barks n’ Rec, I implicitly affirm the terms of this Contract.