This is an Agreement between Spot Pet Care LLC, a California Limited Liability Company doing business as Spot Pet Care ("Spot Pet Care") and the Owner whose name is _______________________________________ and whose signature appears on this Agreement (hereinafter called "Owner/Guardian"). Following are the terms for all pets owned by the Owner/Guardian that receive service at Spot Pet Care.
Services
Spot Pet Care agrees to provide specific services as documented in Spot Pet Care services collateral that are subject to
change from time to time without notification to Owner/Guardian. Spot Pet Care may not be able to conduct all Owner/Guardian
requested services if Spot Pet Care assesses performing such services may cause harm to the pet or employee. Spot Pet Care
reserves the right to charge the Owner/Guardian for the time required to attempt to perform such services.
Privacy
We do not rent, trade or share your email or address with any other company for their marketing purposes, with the
exception of vaccination reminders that may be from both Spot Pet Care and your veterinarian. By entering your email
address online or providing it to Spot Pet Care, you are opting in to receive email communication from Spot Pet Care.
If you do not wish to receive promotional emails from Spot Pet Care, click the "Unsubscribe" link at the bottom of any
email you receive or email Spot Pet Care to inform us you wish to unsubscribe to marketing email communication.
If services are scheduled, you may continue to receive emails containing pertinent communication about your pet(s)'
scheduled service, even after you unsubscribe from email communication.
Right to Refuse Service
Owner/Guardian understands that Spot Pet Care reserves the right to refuse admittance and service to any pet any time and for any reason including, without limitation, pets that lack proof of proper vaccination, display indications of not being healthy, as determined by Spot Pet Care at check-in, having untreated or potentially contagious conditions, or demonstrate aggressive behavior or behavior that could jeopardize the health or safety of other pets or staff.
Payment for Services
At the time Owner/Guardian picks up their pet(s), Owner/Guardian agrees to pay the pet care service rate in effect on the date service performed, unless Owner/Guardian qualifies for a lower rate as determined by the date the reservation was booked. Prices are set forth on Spot Pet Care website or can be obtained through direct inquiry, and are subject to change without notice.
Reservation
Reservations will be accepted but not guaranteed without verification by Owner/Guardian of its requirements including, without limitation, proof of current vaccinations for pet(s).
Cancellations
If Owner/Guardian needs to cancel a reservation, we appreciate a prompt notice to Spot Pet Care no later than 24 hours prior to the arrival date. At this time, there is no cancellation fee, but Spot Pet Care reserves the right to change the cancellation policy in the future without notice to Owner/Guardian.
Owner/Guardian Representations
Owner/Guardian represents to Spot Pet Care that:
Safety
Owner/Guardian acknowledges and agrees that Spot Pet Care is not responsible for allergic reactions resulting from
the manufacturer-recommended usage of any products used in administering a flea bath or other services to Owner/Guardian's pet(s). Owner/Guardian acknowledges that in the normal course of grooming live animals, injuries can occur. For example, the process of de-matting or coat removal on matted pets as part of the grooming process may present certain post-grooming risks such as itchy skin, discolored skin, burns or sores. Owner/Guardian agrees not to hold Spot Pet Care responsible for such damages unless Owner/Guardian can demonstrate that Spot Pet Care has engaged in willful misconduct and has been grossly negligent. Owner/Guardian acknowledges and agrees that while Spot Pet Care maintains strict guidelines for pet safety and health, Spot Pet Care employees and staff are not veterinarians and do not have backgrounds in animal medicine and are not expected to detect illnesses in pets.
Health
Owner/Guardian acknowledges that their pet(s) are healthy and meets Spot Pet Care published health and vaccination
standards, as demonstrated to Spot Pet Care pursuant to confirmation from a licensed veterinarian that all required
vaccinations meet Spot Pet Care requirements. To the Owner/Guardian's best knowledge, the pet(s) have at the time of service, or within the thirty (30) day period prior to the date of service, exposed to rabies, distemper, or any contagious illnesses or communicable diseases. Owner/Guardian agrees that if any fleas or ticks are discovered on the pet(s) during check-in or at any time during a grooming service, Owner/Guardian authorizes Spot pet Care administration of a flea bath or other removal of such fleas and/or ticks from the pet(s) at Owner/Guardian additional expense.
Behavior
Owner/Guardian pet(s) do not have any behavior problems such as aggressive behavior or biting, and has not harmed or
shown aggression towards any person(s) or other animal(s0 that has not been disclosed to Spot Pet Care. Owner/Guardian
agrees to inform Spot Pet Care in writing of any adverse changes in their pet(s)' health, vaccination status or
behavior prior to Spot Pet Care providing any additional services for the pet(s).
Indemnification by Owner/Guardian
Owner/Guardian agrees to be solely responsible for any and all acts or behavior of their pet(s) while in the care
of Spot Pet Care, including payment of costs of injury to staff or other agents of Spot Pet Care, other animals, or
damage to facilities caused by their pet(s). Owner/Guardian further agrees to fully and completely indemnify and
hold harmless Spot Pet Care, its agents and attorneys from and against any and all loss, damage or expense, including
attorney's fees, or claims of any kind made against Spot Pet Care, its employees, members or other agents of losses or
damages of any kind suffered by Spot Pet Care or its agents as a result of (i) misrepresentations by Owner/Guardian
or its representatives, (ii) Owner/Guardian's pet(s) stay including, without limitation, any person claiming injury
or damage caused by your pet(s), (iii) Owner/Guardian failure to inform Spot Pet Care of any pre-existing condition pet(s)
may have or (iv) which were otherwise caused by Owner/Guardian's pet(s).
Contact with Other Pet(s)
Owner/Guardian understands that while their pet(s) are with Spot Pet Care, they may come into contact with other pets.
All pets using services at Spot Pet Care are required to be vaccinated in accordance with Spot Pet Care's published standards. Nevertheless, it is possible for a pet to become ill, even if vaccinated. Owner/Guardian acknowledges and is aware that vaccines do not protect against all communicable illnesses that may affect a pet. Owner/Guardian further acknowledges and agrees that it will not hold Spot Pet Care or its employees or members or other agents responsible for any such damages, injuries or other conditions or problems that result from services provided by Spot Pet Care, provided that Spot Pet Care has not engaged in willful misconduct or been grossly negligent, as proven beyond a reasonable doubt by Owner/Guardian.
Emergency
In an emergency, Spot Pet Care will use reasonable efforts to attempt to contact the Owner/Guardian, the pet's personal
veterinarian or the emergency contact provided to Spot Pet Care by the Owner/Guardian. You hereby authorize,
acknowledge and agree that the pet's personal veterinarian or Owner/Guardian's emergency contact person has your
full and complete authority to make all decisions, including expenditure of funds, for and on behalf of Owner/Guardian
and their pet(s). In certain situations an emergency might not provide the time for Spot Pet Care to contact
Owner/Guardian, the pet's personal veterinarian or Owner/Guardian's emergency contact person prior to the administration of care.
Owner/Guardian therefore authorizes Spot Pet Care to obtain medical attention for their pet(s) from any qualified veterinarian
and to transport their pet(s) to and from such veterinarian when Spot Pet Care, at its sole discretion, deems such medical
attention to be important to the pet's health. Owner/Guardian grants Spot Pet Care and its employees or agents full authority,
at its sole discretion, to make decisions involving the medical treatment of their pet(s) and agrees to pay for all related costs.
Assumption of Risk
OWNER/GUARDIAN ACKNOWLEDGES AND AGREES THAT THEY ARE ASSUMING ALL RISK OF ILLNESS, DISEASE, HARM OR OTHERWISE
TO THEIR PET(S) BY ALLOWING THEIR PET(S) TO OBTAIN SERVICES OFFERED BY SPOT PET CARE. SPOT PET CARE WILL EXERCISE
REASONABLE CARE OF PET DURING PROVISION OF SERVICES AND, IF APPLICABLE, DURING TRANSPORT. IF PET(S) ARE INJURED OR
OTHERWISE HARMED OR DIES, WHETHER DURING THE PROVISION OF SERVICES BY SPOT PET CARE, OR DURING TRANSPORTATION TO OR
FROM SPOT PET CARE BY SPOT PET CARE'S STAFF OR AGENTS, OWNER/GUARDIAN HOLDS SPOT PET CARE AND ITS AGENTS HARMLESS
IN THE EVENT OF ANY SUCH INJURY OR ACCIDENT. IT IS EXPRESSLY AGREED BY OWNER AND SPOT PET CARE THAT SPOT PET CARE'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 ADMITTED.
Personal Items
Spot Pet Care is not responsible for any loss or damages caused to any personal items that occur on its premises.
Pets Not Timely Picked Up at Scheduled End of Service Time
Spot Pet Care will use reasonable efforts to attempt to contact Owner/Guardian or the Owner/Guardians
emergency contact, using the contact information provided to Spot Pet Care, within 90 minutes after the
scheduled pick-up time. Additional fees may apply to pet(s) that are not picked up by the Owner/Guardian within
90 miutes after the scheduled pick-up time, including costs for pet walking by affiliate agents if deemed necessary
at the sole discretion of Spot Pet Care. If Owner/Guardian's pet(s) are left overnight, Spot Pet Care will
transport the pet to an available boarding facility. Owner/Guardian acknowledges to be responsible for any
costs involved in transporting and boarding of their pet(s) overnight. Unless otherwise required by applicable
law, if Owner/Guardian's pet(s) are deemed abandoned in Spot Pet Care's discretion, Spot Pet Care will follow
applicable abandoned pet procedures which may include delivery of pet(s) to a third party adoption partner,
animal control or other similar government agency. In no event will Spot Pet Care have any further responsibility
or liability for the pet(s). Owner/Guardian will remain liable to Spot Pet Care for all unpaid charges, fees and
expenses including, without limitation, additional reasonable service fees accruing after the scheduled end of service
time, fees involved in delivering the pet(s) to a third party adoption partner, animal control, or other similar
government agency, court costs and reasonable attorney's fees incurred in the collection of such fees and expenses.
Dispute Resolution
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL
BY JURY IN ANY LEGAL PROCEEDING (WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO THIS
AGREEMENT. Any unresolved controversy or claim arising out of or relating to this Agreement, except as otherwise provided
in this Agreement, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement
can be reached within 30 days after names of potential arbitrators have been proposed by the American Arbitration Association
(the "AAA"), then by one arbitrator having reasonable experience in transactions of the type provided for in this Agreement and who
is chosen by the AAA. The prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary
THE PARTIES HAVE READ AND UNDERSTAND THIS ARBITRATION CLAUSE. 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 RELATED TO THE RESOLUTION OF ALL DISPUTES RELATING
TO ALL ASPECTS OF THE RELATIONSHIPS BETWEEN THE PARTIES.
Miscellaneous
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/Guardian and Spot Pet Care. The titles of the paragraphs and subparagraphs of this Agreement are for convenience of reference only and are not to be considered in construing or interpreting this Agreement. This Agreement shall be governed in all respects by the internal laws of the State of California as applied to agreements entered into among California residents to be performed entirely within California, without regard to principles of conflicts of law. If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this Agreement, and such court will replace such illegal, void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of this Agreement shall be enforceable in accordance with its terms. This Agreement may be executed in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument.
Owner/Guardian Signature ________________________________________________________________
Date ________________________________________________________________
| 9 E Blithedale Ave. Mill Valley, CA 94941 | (415) 389-1064 | All rights reserved © Spot Pet Care™ |
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