Agreement and Release of Liability
I, the undersigned (“I” or “Owner” or “You”), hereby acknowledge and agree that all the information provided in this application is complete and accurate to the best of my knowledge. I further acknowledge and agree I have read, understand, and agree to all terms and conditions by Paw Central LLC and its affiliates (“we,” “us,” or “Paw Central”) contained in the Paw Central release and waiver of liability, assumption of risk, and indemnification agreement. Paw Central warrants that it and its agents will abide by all applicable laws and regulations and that the same will meet or exceed industry standards in their provision of services related to your pet-related to this agreement. I hereby execute the agreement for my pet. I further attest that if I am not the sole owner or representative of the subject of this application, my signature is sufficient to enter into this agreement for and on behalf of any other owner or representative. Any modification to this agreement must be signed by both Paw Central and I.
WARNING, PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES THE RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE PAW CENTRAL AND RELATED PARTIES DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNCIL IF YOU ARE UNSURE OF ITS EFFECT. WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT FOR ALL SERVICES PROCURED.
In consideration of my pet and I being permitted to be a client of Paw Central, I make the following representations and agree to all of the following policies, procedures, and terms and conditions:
I. OWNER DECLARATIONS
I hereby declare to Paw Central that:
I am the legal owner of my pet,
my pet is in good health,
my pet has not been exposed to any infectious illnesses within the last thirty (30)
days,
my pet has been properly vaccinated with the following: Rabies, Distemper,
Parvovirus, Leptospirosis, and Bordetella, as well as a negative fecal exam within
the last year,
my pet is on a flea and tick prevention treatment,
my pet has NOT exhibited aggressive behavior towards humans or other non-humans.
II. ASSUMPTION OF THE RISK
I understand any activities that my pet may participate in (e.g. daycare, boarding, one-on-one play, and exposure to persons and non-humans) involve risk and possible injury, illnesses, or death resulting from external forces such as rough play, fights, stress, and contagious disease.
Knowing these inherent risks, I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify Paw Central and its agents, successors, heirs, from any and all liability, claims, demands, actions, or right of actions, which my pet’s participated in activities under Paw Central’s care, including those allegedly attributable to the negligent acts or omissions of Paw Central or their staff. I agree to accept full liability for my pet in the event of circumstances resulting in the possible damages, injury, illnesses, or death of any persons, non-humans, or property caused by my pet. Further, I understand that I may be exposed to certain risks when bringing my pet to participate in activities under the care of Paw Central or when picking up my pet from participating in activities under the care of Paw Central. Such risks may include property damage and/or physical injury inside or outside the facility.
III. NATURAL DISASTER POLICY
In the event of a natural disaster (hurricane, tornado, flooding, earthquake, etc.), I understand it is my responsibility to retrieve my pet or make arrangements to have my pet retrieved in a timely manner, and in accordance with any mandatory evacuations, etc. I understand that Paw Central will do everything reasonably possible to secure the safety of my pet during a natural disaster and I agree to indemnify, release and hold Paw Central harmless of any and all liability resulting solely from such a natural disaster of any sort.
IV. EMERGENCY MEDICAL CARE
If, in our judgment, your pet requires immediate medical care and we are unable to reach you, Paw Central will use reasonable prudence and discretion in taking your pet to a veterinarian or animal hospital. I agree to be solely responsible for the payment of all medical bills for my pet and release Paw Central and its affiliates, officers, directors, agents, volunteers, and employees of and from any and all responsibility for, or claims, damages, debts, arising out of or related to including, but not limited to transportation to/from the veterinary clinic and choice of veterinarian and animal hospital. If your pet is exhibiting any symptoms that may suggest illness, such as sneezing, coughing, wheezing, runny eyes or nose, vomiting, lethargy, or diarrhea, please do not bring your pet to Paw Central.
V. ABANDONMENT OF PETS
If, your pet is lodging with us, you may extend your pet’s stay by calling Paw Central and making any payment required to extend the stay in full if we are able to accommodate. Extending the stay without providing appropriate payment will be considered abandonment. If your pet is deemed abandoned under local, state, or federal laws or regulations, you understand that Paw Central will, by default, become the legal owner and guardian of the pet. Paw Central will then, in its sole discretion, determine whether to find another home for the pet or to relinquish the pet to a local shelter of its choice. You understand and agree that if you abandon your pet under the care of Paw Central, you release Paw Central from all further liability and responsibility for your pet. It is important for you to leave an emergency contact number so that in the event you are unable to contact us, Paw Central have someone to contact about your pet’s stay. If you abandon your pet, you will still be responsible for the full boarding stay and any reasonable expenses incurred, including but not limited to any reasonable attorney’s fees or court costs.
VI. LOSS OR DAMAGE
Paw Central is not responsible for the loss, theft, destruction of, or damage to any item thereof (herein "Loss or Damage") from any cause whatsoever. No Loss or Damage shall force Paw Central the obligation to reimburse any item or release the Owner of any other obligation under this agreement.
VII. MEDICAL CONDITIONS
Your pet’s safety and comfort is our primary concern. Please advise us of any allergies, sensitivities, or pre-existing medical conditions. We want to avoid the repetition of any poor or unpleasant experiences or situations. If fleas are found on your pet, Paw Central will administer a flea bath to eradicate the fleas in order to maintain sanitation. The flea bath will be at the Owner’s reasonable expense, provided that the origination of such fleas is not attributable or related to the pet’s participation in activities provided by Paw Central.
VIII. ADVERTISEMENT AND PRIVACY
The Owner grants permission to Paw Central to take pictures and videos of the pet while under the care of Paw Central or in our care. The Owner also grants Paw Central permission to post this footage on social media, website, and any other related sites. The Owner may revoke this consent at any time by contacting Paw Central at legal@pawcentralpet.net and asking for any content relating to the Owner to be taken down.
Any controversy or claim arising out of or related to this agreement, of the breach thereof, and/or as a result of any claim or controversy involving alleged negligence by any party to this agreement, and/or any representations which in any way relates to the pet or Paw Central or the services provided by same, and/or any other claim or controversy that in any way relates to the Owner’s pet or Paw Central shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), and judgment upon the award rendered by any arbitrator may be entered in any court having jurisdiction thereof.
If the Owner or Paw Central fails to comply with all aspects of the award within thirty (30) days following issuance of the award, unless appealed, the other party may seek enforcement of the award and shall be entitled to recover reasonable attorney’s fees and costs expended in seeking enforcement of the award.
I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS POLICY, PROCEDURES, RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT AND RELEASE OF LIABILITY”) AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT PERMITTED BY THE LAW. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. I AGREE THAT IT IS INTENDED THAT ALL TERMS OF THIS AGREEMENT CONTROL DESPITE ANY PARTICULAR STATUTE OR LAW THAT WOULD OTHERWISE PROTECT ME OR MY PET.