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Animal Resorts hereinafter referred to as
the “Kennel”, agrees to exercise due and reasonable care to keep its
premises sanitary and properly enclosed. The animal is not to be taken
off premises except by consent of the Owner.
The Kennel does not assume and
shall not be held responsible for any liability with respect to the
animal listed in this agreement, of any kind, character, or nature
whatsoever, arising out of or from the boarding, training, or grooming
of this animal, or any damages which may accrue from any other cause
whatsoever, including loss by fire, theft, running away, death, injury
to persons, animals, or property, or death or injury to any other animal
caused by the within named animal during the term of this contract,
whether this animal be on the premises of the Kennel or not, and the
Owner of said animal agrees hereby to be and is solely responsible for
any and all acts of behavior of said animal at anytime within the term
and the time of the contract. In no case shall the Kennel be in any way
liable or responsible. Responsibility and/or liability of the Kennel,
in no event shall exceed the sum of ONE HUNDRED DOLLARS ($100.00) and
the undersigned agrees to limit the responsibility against Kennel for
any and all damages sustained or suffered by reason of the boarding,
training, grooming of this animal with said Kennel to the sum of ONE
HUNDRED DOLLARS ($100.00) and no more, and agrees not to claim any
damages against said Kennel of any nature whatsoever, either by way of
contract, equity, negligence or otherwise, in excess of said sum.
If training is included, the animal
will be trained in accordance with the selected program. Owners
understand and agree that, should the owner fail to make an effort to
cooperate and complete the training in full, Kennel will not accept
responsibility for the animals performance. If Owner does cooperate and
completes the training in full, Kennel will provide, without cost,
within the six (6) month period following such training, additional
training sessions or consultation.
If Play Pals is included, Owner gives
Kennel permission to let my pet(s) have playtime with another pet(s)
while she/he is boarding at the kennel. This Play-Pal entails
supervised and unsupervised exercise within our fenced in play area with
other pets. If at any point a problem with this play-pal occurs, Kennel
will discontinue the session immediately. Owner will not hold Kennel
responsible or liable in any way if my pet(s) is injured or hurt in any
way. Kennel makes no guarantees on pet's social skills training and
excludes Play Pals from all training policies.
The Owner of within named animal
specifically represents that he is the sole Owner of said animal and
that there is not now any lien or mortgage against said animal and that
the within named animal has not been exposed to distemper, parvo, or
rabies within the last thirty (30) days, and that the required annual
license has been obtained.
The Kennel shall have, and is hereby
granted, a lien on the aforesaid animal for any and all unpaid boarding
and/or other charges resulting from the boarding of said animal with the
Kennel. The Owner hereby agrees that in the event that the monthly or
weekly boarding charges are not paid within thirty (30) days after they
become due and payable in accordance with the terms of this contract,
the Kennel may exercise its lien rights, in ten (10) days after notice
to Owner may dispose of said animal for any and all unpaid charges, at
private or public sale, and if such sale does not secure a price
adequate to pay such costs of board and/or other charges delinquent plus
cost of sale, then Owner shall and must pay to Kennel the difference.
Any moneys realized by the Kennel at such a sale, over and above charges
due and cost of sale shall be returned to Owner. Notice shall be
conclusively deemed to have been given pursuant to this paragraph if
notice in writing of such intended sale shall be mailed by registered
mail to the Owner of the within named animal at the address given
herein, and no further notice shall be required.
If the animal becomes ill, the Owner
shall be notified at once, if possible, or such attempt shall be made to
so notify the Owner, and if Owner does not immediately inform the Kennel
regarding measures to be taken or if the state of the animals health
requires quick action, the right to call a Veterinarian or to administer
medicine or to give advisable attention within, the discretion shall be
taken for granted by Kennel, and such expenses being reasonable in
amount shall be promptly paid by Owner.
If the animal becomes a nuisance or
excessive barker, the Kennel will use necessary measures to remedy the
situation. If Kennel’s measures to remedy the situation has not worked
or the animal is suffering from severe separation anxiety, Kennel will
notify Owner of dog’s distress, and if Owner does not immediately inform
the Kennel regarding measures to be taken or if the state of the animals
health requires quick action, the right to call a Veterinarian or to
administer medicine or to give advisable attention within, the
discretion shall be taken for granted by Kennel, and such expenses being
reasonable in amount shall be promptly paid by Owner.
Unless Owner files with Kennel within
thirty (30) days from the date the animal is removed from the Kennel, a
written demand for any claimed injury or damages resulting from the
boarding, training, grooming of said animal under this contract, said
Owner shall and does hereby waive any and all rights which he may have
against the Kennel for any liability arising under this contract for
damages, or otherwise.
The singular, as herein used, means also
the plural, the masculine gender means also feminine gender. If any
word, sentence, or section of this agreement be declared invalid, such
ruling shall nevertheless not affect any other word, sentence or
section. The remedies hereunder are cumulative to Kennel and not
alternative. No person is authorized by Kennel to change or waive any
of the terms or conditions of this contract and Kennel will not be bound
by any changes therein, whether oral or written. All terms and
conditions of this agreement shall be binding on the heirs,
administrators, and assigns of the Owner of the within named animal.
Time is of the essence hereof.
If action be instituted by Kennel
in order to enforce this contract, Owner promises to pay such sum as the
court may fix as Attorney’s fees.
The Owner guarantees payment of
this bill. If for any reason this bill is not paid when presented, and
is placed in the hands of an attorney for collection, the Owner agrees
that a reasonable fee may be added for attorney’s fees, and other such
costs as the court may allow. Interest charged on over due bills are at
the rate of 15%.
This agreement will automatically
renew yearly until either party in writing cancels this agreement.
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