THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE OWNER(S) OF BARK PET RESORT (“BARK”) OR RELATED PARTIES. DO NOT AGREE TO THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTAND IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
In consideration for your dog(s) (“Pets”) being permitted to come to BARK, you agree to all of the policies, procedures, release, terms and conditions set forth below. The following Agreement will apply at the BARK location, a ******Delaware**** corporation, and its affiliates, employees, owners, agents and representatives (BARK, shall hereinafter be referred to as “BPR, LLC”).
1. All Pets must:
• be current on Rabies, Distemper, Parvo and Bordetella vaccinations;
• be at least 4 months of age;
• be spayed or neutered if 6 months of age or older;
• be in general good health and free of ticks and fleas;
• be non-aggressive towards other dogs and people;
• not be protective of toys;
• complete the BARK PET RESORT free evaluation to BPR, LLC’s satisfaction in its sole discretion;
• meet all municipal and state licensure and other requirements;
• have a quick release collar that contains an identification tag bearing the Pet's name and guardian or owner’s current contact information; and,
• be leashed when entering and exiting BARK.
2. Food. Pets will be fed in accordance with the instructions provided in the Pets Application or instructions you later provide. While at BARK, Pets do not get fed lunch. If you want your Pets to eat lunch, you must provide the BARK a container marked with your Pet’s name and feeding instructions.
3. Personal Property. BPR, LLC WILL NOT BE LIABLE FOR ANY LOST, STOLEN OR DAMAGED PERSONAL PROPERTY BELONGING EITHER TO YOU OR YOUR Pets. IF YOUR Pet CAUSES ANY PERSONAL PROPERTY DAMAGE TO BARK, THE SITE WHERE SERVICES ARE PROVIDED, ANOTHER Pet OR OTHERWISE, YOU WILL BE LIABLE FOR THE FULL COST OF ALL TREATMENT, REPAIRS AND REPLACEMENTS.
4. Fees. You must pay for all services and products by credit card, cash or check. All payment is due at the time you pick up your Pets from BARK. You give your express permission for BPR, LLC to charge any credit card you provided for unpaid services or products upon the date services were supposed to have been completed. You further agree to pay any collections costs and the cost of any returned or challenged check or debit charges.
5. Training and Interviews. You hereby consent to the BARK’s use of your Pets for staff training, dog training, and new Pet interviews while your Pet is in our care. You acknowledge that dogs in BARK for training or interview purposes may not meet all Pet qualifications.
6. Cancellation and Refund Policy. You will be charged the equivalent of one (1) full day of doggy day care, if you fail to cancel a reservation for doggy day care twenty four (24) hours in advance of drop off time. You will be charged one (1) full day of boarding, if you fail to cancel your boarding reservation at least forty eight (48) hours in advance of drop off time. Notwithstanding the above, if your boarding reservation is within three (3) days of a nationally recognized holiday, you must cancel your reservation within seventy two (72) hours or you will be charged a no-show fee equal to two (2) nights of boarding.
7. Aggressive Dogs. Although BPR, LLC loves all dogs, to come to BARK, your Pets may not be aggressive and must pass BPR, LLC’s interview process in BPR, LLC’s sole discretion. Your Pets may be separated from other Pets or asked not to return to BARK if he/she exhibits aggressive or other unacceptable behavior. Such determinations will be made at the sole discretion of BPR, LLC.
8. Abandoned dogs. No Pets may be left at BARK after the scheduled pick up time without communication from you. If your Pet is left at BARK without any contact, instruction or notification regarding its pick up from you or your authorized representative, your Pet will be deemed “Abandoned” at 7 P.M. on the seventh (7th) day after the scheduled pick up date. If your Pets is Abandoned at BARK, BPR, LLC will become its legal owner and guardian. BPR, LLC will, in its sole discretion, determine whether to re-home the dog or relinquish it to a shelter or rescue of BPR, LLC’s choice. YOU FULLY UNDERSTAND AND AGREE THAT IF YOU ABANDON YOUR DOG AT BARK, YOU MAY BE UNABLE TO RETRIEVE POSSESSION OF YOUR DOG AND WILL HAVE NO RECOURSE AGAINST BPR, LLC.
9. Duty to Disclose. You must disclose on a continuing basis, any and all medical or other conditions, including but not limited to personality concerns or behavioral incidents that in BPR, LLC’s sole discretion, may affect, limit or prevent your Pet's ability to participate in any BARK activity or service.
10. ACCEPTANCE AND ACKNOWLEDGMENT OF RISK. YOU FULLY UNDERSTAND THAT: (a) THERE ARE INHERENT AND POTENTIAL RISKS INVOLVED WITH INTERACTIONS BETWEEN HUMANS AND DOGS, AS WELL AS BETWEEN DOGS AND OTHER DOGS, WHICH MAY RESULT IN PROPERTY DAMAGE OR BODILY INJURY, INCLUDING BUT NOT LIMITED TO, PERMANENT DISABILITY, SICKNESS OR DEATH TO HUMAN OR DOG; AND (b) THERE MAY BE OTHER RISKS NOT KNOWN TO YOU OR BPR, LLC, NOR READILY FORESEEABLE AT THIS TIME (COLLECTIVELY, “RISKS”). YOU FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR ALL RISKS, INCLUDING, WITHOUT LIMITATION, ALL LOSSES, COSTS AND DAMAGES INCURRED AS A RESULT OF YOUR Pet's PARTICIPATION AT ANY BARK, INCLUDING ANY VETERINARIAN EXPENSES INCURRED ON BEHALF OF OR CAUSED BY YOUR Pets. “SICKNESS” INCLUDES ANY ILLNESS NOT LIMITED TO BORDETELLA (KENNEL COUGH), BLOAT, OR ANY OTHER FORM OF CONTAGIOUS DISEASE.
11. Veterinarian Liability and Care. BPR, LLC will have the right to obtain medical treatment for your Pets, if, in BPR, LLC’s sole discretion, it appears that your Pet may be ill, injured or exhibits any other behavior that would reasonably suggest that your Pets may need medical treatment. Reasonable efforts will be made to contact you when BPR, LLC determines that medical treatment is necessary, but if BPR, LLC is unable to contact you or your emergency contact, BPR, LLC and the veterinarian may rely on this Section 11 as your consent to treat your Pets. You hereby grant the veterinarian and BPR, LLC the right to make medically necessary decisions for your Pet's treatment, and release the veterinarian and BPR, LLC from all liability for the same. If you are unable to be reached but your emergency contact is reached, you hereby grant your emergency contact the right to make medically necessary decisions for your Pet's treatment. BPR, LLC will first attempt to seek treatment from the veterinarian provided in the Pets Application (“Designated Veterinarian”), but will have the right to seek veterinary treatment from an alternative veterinarian if: (i) the Pets needs urgent care and another veterinarian is closer, (ii) BPR, LLC is unable to reach the Designated Veterinarian, or (iii) BPR, LLC is unable to transport the Pets to Designated Veterinarian. If a Pets passes away at BARK, it will be brought to its or the nearest veterinarian. YOU WILL BE FULLY RESPONSIBLE FOR ALL COSTS RELATED TO ANY MEDICAL TREATMENT, INCLUDING WITHOUT LIMITATION, THE COST OF ANY TRANSPORTATION FOR THE PURPOSE OF SUCH TREATMENT. You must also provide veterinary records to BPR, LLC upon request, and you hereby grant BPR, LLC permission to request and obtain veterinary records directly from your Designated Veterinarian, if BPR, LLC is unable to obtain necessary records from you.
12. WAIVER, RELEASE AND INDEMNIFICATION. YOU HEREBY AGREE TO EXPRESSLY AND FOREVER GENERALLY WAIVE, DISCHARGE CLAIMS, INDEMNIFY, RELEASE FROM LIABILITY, SAVE, HOLD HARMLESS AND DEFEND BPR, LLC, their invitees, owners, officers, directors, employees, contractors, volunteers, agents, representatives, lessors, and all others having an interest in any BPR, LLC party (collectively, the “Releasees”) from and against ANY AND ALL INJURY, LIABILITY, CLAIMS, LITIGATION, ACTIONS, SUITS, COSTS, LOSSES, DAMAGES, ATTORNEY’S FEES, EXPENSES OR DEMANDS OF EVERY CHARACTER WHATSOEVER on account of, arising out of, resulting from or relating in any way to (i) any act or omission of the Releasees, (ii) your Pet's participation at any BARK or services provided thereof, or otherwise. YOU AGREE THAT THIS RELEASE IS BINDING ON YOU AND YOUR SUCCESSORS, HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS. YOU ALSO EXPRESSLY AND FOREVER RELEASE BPR, LLC FROM ANY DUTY TO PROTECT YOU OR YOUR Pets FROM INJURY OF ANY KIND, AND AGREE THAT ANY IMPLEMENTATION OF SAFETY PRECAUTIONS BY BPR, LLC WILL NOT WAIVE BPR, LLC’S RIGHT TO BE INDEMNIFIED AS PROVIDED HEREUNDER, AND SUCH PRECAUTIONS WILL NOT ALTER THIS RELEASE. I INTEND FOR THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF BPR, LLC TO THE GREATEST EXTENT PERMITTED BY LAW; I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.