Off The Leash Doggie Daycare, Inc. Policies & Release of Liability Agreement
OFF THE LEASH DOGGIE DAYCARE, INC. (OTL) RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT (THE “AGREEMENT”). THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND REMOVES YOUR RIGHT TO SUE OFF THE LEASH DOGGIE DAY CARE OR RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTAND IT IN ITS ENTIRETY. PLEASE SEEK LEGAL ADVICE IF YOU ARE UNSURE OF ITS CONTENTS AND THE EFFECTS ON YOUR LEGAL RIGHTS.
For your pet(s) to participate in the services offered by OTL, you agree to all the policies, procedures, release, terms and conditions set forth below. The following Agreement will apply to all services offered by OTL, as well as to OTL’s affiliates, employees, agents and representatives.
- All pet(s) must:
- be current on Rabies, Distemper, Parvo, Bordetella, Canine Influenza and any other required vaccinations;
- be at least 4 months of age;
- be spayed or neutered if 6 months of age or older; unless enrolled in Petey’s Pals or Daycare Plus Program
- be in general good health and currently use a form of flea and tick control;
- be non-aggressive toward other dogs and people;
- pass evaluation requirements for each program, service and activity;
- meet all municipal and state licensure and other requirements;
- have a quick release collar that contains an identification tag bearing the dog(s)’s name and guardian or owner’s current contact information; and,
- be leashed when entering and exiting OTL.
- Hours of Operation: Please respect the posted business hours for all services. Arrangements can be made for pick up and drop off outside of normal business hours. This is handled on a case-by-case basis and times are agreed upon based on available staffing.
- Grooming: I understand that if my dog(s) has/have spa or grooming services, my dog(s) is/are at inherent risk for skin irritation, shampoo in eyes, risk of cuts, nicks, scratches, cutting of the nail quick, etc. Occasionally, grooming can expose a hidden medical problem or aggravate a current one. This can occur during or after grooming. I understand that senior pets (age 7 or higher) may have a greater chance of injury. If my dog is severely tangled and/or matted, it is a greater risk of injury, stress and trauma. All precautions will be taken. However, problems occasionally arise, during or after grooming, such as nicks, clipper irritation, and mental or physical stress. I release OTL from any liability should any problem/medical issues occur during a grooming visit, including death.
- Boarding Services: When boarding overnight, pet parents agree to leave adequate supply of food and medications for their pet. Should the food/medication supply need replacement, the pet parent authorizes OTL to replace it. For each overnight, OTL requires a local emergency contact. Pets that are away from home are often stressed and may develop some stress related illnesses (stress colitis, anxiety, for example). OTL will work to ensure each pet is as comfortable as possible. However, in the event OTL deems that our environment is too stressful for your pet, we may require the pet be picked up by pet parent or emergency contact. Pet parents understand that no one is present at the facility overnight. While there are certain risks attributed to this, OTL does utilize a centrally monitored fire, carbon dioxide, and burglar alarm system, as well as cameras on the premises. If a pet has medical conditions, is considered a senior pet, or has any other issue that requires overnight supervision by a human, OTL reserves the right refuse service. We will try to recommend other options that might be a better fit for your pet. I release OTL from any liability should any problem/medical issues occur during boarding stay, including death.
- Training: OTL will exercise all necessary and proper care and precautions to keep all participants/staff and dogs safe during group or solo training sessions, held both inside and outside of our facility, to prevent injury to any person, property, or other dog. However, because dogs are animals and may be unpredictable, OTL cannot protect against every potential injury, risk or accident. I am aware of the risks involved for my dog participating in any training services or classes offered by OTL and I agree that any injuries, loss or damage incurred by me or my dog while participating in such classes or otherwise is my full responsibility. I understand that the degree to which a dog is successfully trained is a function of the interest, commitment and cooperation of the owner. I acknowledge and agree that there is no guarantee that my dog will achieve the desired level of training despite the best efforts of the trainers.
- Add on services – Nature walks, enrichment activities, fetch, birthday parties: OTL and its staff will exercise due diligence and reasonable care while conducting any add on services including walks outside the facility, enrichment activities, fetch, birthday parties or other add on services and will not be liable for any problems that may arise. I hereby release OTL for any liability of any kind whatsoever arising from my dog/dogs participation in daily outside walks or other add on services. I further understand and agree that dogs can sometimes get dirty, receive minor cuts and scratches during walks; that dogs may come in contact with bacteria, viruses, or other illnesses from being outside.
- Food. The goal of OTL is to always keep the pet’s food consistent during daycare activities and overnight boarding. Food is provided based on specific instructions given by the pet parent(s). Dogs are not fed unless a request is received from the pet parent(s). The Pet Parent(s) may provide pet food or purchase from OTL. Food provided by the pet parent(s) must be in marked containers with the dog’s name and feeding instructions.
- Senior Pets and/or Medical Concerns: I understand that if my dog(s) have medical condition(s) and/or is/are senior(s), they might have a harder time utilizing any of our services. I understand there are mental and behavioral changes in senior dogs or dogs with medical conditions. I release OTL from any liability should any problem/medical issues occur, including death. OTL reserves the right to deny dogs service that might not be the right fit for our programs.
- Reservations & Cancellations: Reservations are required for dogs attending daycare or any special daycare programs, being boarded or groomed at OTL. Reservations may be made through the app, text, email or phone. While OTL prefers that daycare reservations be made as far in advance as possible, OTL understands that this may not always be possible and will do our best to work to accommodate you and your dog. Please note that OTL often reaches capacity for daycare as well as during busy boarding times including holidays and long weekends. OTL understands that plans change and that cancellations are sometimes necessary. Should a cancellation occur less than 24 hours before boarding is scheduled to occur, a fee of one night’s boarding will be charged. Cancellations for daycare or special daycare programs that occur less than 24 hours before the reservation will incur a charge of the full cost of the booking – the same occurs for no-show reservations. If a pet parent has a daycare package, the appropriate credits will come from the package. Should the pet parent not have a package, the credit card on file will be charged. Cancellations for grooming that occur less than 24 hours before the appointment, a 50% fee will be charged to the card on file.
- Payment is expected at the time that services are rendered. Pet Parents with outstanding charges will not be permitted to attend daycare or boarding or make reservations for either until their outstanding balance is paid in full. In the event that a pet parent is frequently delinquent, prepayment will be required for all services.
- Packages and refund policy: Daycare and special program daycare packages must be used within 6 months and are non-refundable. In order to qualify for package rates, packages must be pre-paid.
- Personal Property. OTL will not be liable for any lost, stolen or damaged personal property belonging either to you or your pet(s). If your pet(s ) cause(s) any personal property damage you will be liable for the full cost of all repairs and replacements.
- Aggressive Dogs and Behavioral Issues. Your dog(s) may not be aggressive and must pass OTL’s interview process in OTL’s sole discretion. Your dog(s) may be separated from other dogs or asked not to return if he/she exhibits aggressive or other unacceptable behavior in OTL’s sole discretion. If your dog(s) is/are aggressive and/or develops adverse behaviors that we can’t manage in our facility, OTL reserves the right to discontinue service. Dogs enrolled in OTL’s special programs – Petey’s Pals or Daycare Plus program – will be given a special handling plan as necessary. However, if their behavior changes or becomes unmanageable, we reserve the right to discontinue service.
- Abandoned dogs. You may not leave your dog(s) at the OTL facility after the scheduled pickup time without prior communication with OTL If you leave your dog(s) at OTL without any contact, instruction, or notification regarding pick up, your dog(s)will be deemed “Abandoned” after 24 hours. If your dog(s) is/are abandoned, OTL will become its legal owner and guardian. OTL will, in its sole discretion, determine whether to re-home the dog or relinquish it to a shelter or rescue of OTL’s choice. You fully understand and agree that if you abandon your dog at OTL, you may be unable to retrieve possession of your dog and will have no recourse against OTL.
- 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 may affect, limit or prevent your dog’s ability to participate in any OTL activity or services.
- Staff Training and Evaluations. Your dog may be used for staff training and new dog interviews/evaluations. You acknowledge that dogs getting an evaluation may not meet all OTL qualifications and could pose a risk to your dog.
- Photography Release. Photographs or other graphic, sound, or other image, likeness, recording, etc., may be made of my dog(s) by OTL and that such may be used for any purpose without compensation, and I release to OTL all rights that I may possess or claim to such image, likeness, recording, etc.
- 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 OTL, 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)’S PARTICIPATION IN ANY ACTIVITIES OR SERVICES AT OTL, INCLUDING ANY VETERINARIAN EXPENSES LISTED IN SECTION 19, BELOW. “SICKNESS” INCLUDES ANY ILLNESS INCLUDING BUT NOT LIMITED TO CIRDC (CANINE INFECTIOUS RESPRIATORY DISEASE COMPLEX), BORDETELLA (KENNEL COUGH), BLOAT, CANINE FLU, OR ANY OTHER FORM OF ILLNESS OR CONTAGIOUS DISEASE.
- Veterinary Care. OTL will have the right to obtain medical treatment for your dog(s), if, in OTL’s sole discretion, it appears that your dog(s) may be ill, injured or exhibit any other behavior that would reasonably suggest that your dog(s)may need medical treatment. Reasonable efforts will be made to contact you when OTL determines that medical treatment is necessary, but if OTL is unable to contact you or your emergency contact, OTL and the veterinarian may rely on this ‘Veterinary Care’ section as your consent to treat your dog(s). You hereby grant the veterinarian and OTL the right to make medically necessary decisions for your dog(s)’s treatment and release the veterinarian and OTL 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 dog(s)’s treatment. OTL will first attempt to seek treatment from the veterinarian provided in your file information (“Designated Veterinarian”), but will have the right to seek veterinary treatment from an alternative veterinarian if: (i) your dog(s)needs urgent care and another veterinarian is closer, (ii) OTL is unable to reach the Designated Veterinarian, or (iii) OTL is unable to transport your dog(s)to the Designated Veterinarian. If your dog(s)passes away at OTL, we will notify you or your emergency contact immediately. If we are unable to reach you, we will reach out to a local cremation service so that they can hold your dog until a plan can be made. In the event your dog(s) is/are injured during routine play, we presume that no other dog is at fault, and YOU AGREE TO BE FULLY RESPONSIBLE FOR ALL RESULTING COSTS RELATED TO ANY MEDICAL TREATMENT FOR YOUR DOG(S), INCLUDING WITHOUT LIMITATION, THE COST OF ANY TRANSPORTATION FOR THE PURPOSE OF SUCH TREATMENT. If OTL staff determines, in their sole discretion, that your dog(s) caused the injury or death of another dog, YOU WILL BE FULLY RESPONSIBLE FOR ALL COSTS RELATED TO ANY MEDICAL TREATMENT FOR THE INJURED DOG, INCLUDING WITHOUT LIMITATION, THE COST OF ANY TRANSPORTATION FOR THE PURPOSE OF SUCH TREATMENT. You agree that OTL may release your name and phone number to the injured dog’s pet parent(s) to arrange payment for the same. OTL reserves the right to provide your pets information, including vaccination history and contact information, to veterinarians if requested.
- Immunization Records. You agree to provide veterinary records to OTL upon request, and you hereby grant OTL permission to request and obtain veterinary records directly from your Designated Veterinarian, if OTL is unable to obtain necessary record from you. By signing below, you expressly authorize your Designated Veterinarian to release health and treatment information and immunization records to OTL staff upon request. You may revoke this authorization at any time upon written notice to your Designated Veterinarian and OTL.
- WAIVER, RELEASE AND INDEMNIFICATION. YOU HEREBY AGREE TO EXPRESSLY AND FOREVER GENERALLY WAIVE, DISCHARGE CLAIMS, INDEMNIFY, RELEASE FROM LIABILITY, SAVE, HOLD HARMLESS AND DEFEND OTL, their invitees, owners, officers, directors, employees, contractors, volunteers, agents, representatives, lessors, and all others having an interest in any OTL 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 dog’(s) participation in any service at OTL 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 OTL FROM ANY DUTY TO PROTECT YOU OR YOUR DOG(S) FROM INJURY OF ANY KIND AND AGREE THAT ANY IMPLEMENTATION OF SAFETY PRECAUTIONS BY OTL WILL NOT WAIVE OTL’S RIGHT TO BE INDEMNIFIED AS PROVIDED HEREUNDER, AND SUCH PRECAUTIONS WILL NOT ALTER THIS RELEASE. YOU AGREE THAT THIS CONSTITUTES A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF OTL TO THE GREATEST EXTENT PERMITTED BY LAW, AND 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.
- Operative Law: This Agreement shall be interpreted pursuant to Massachusetts law. All activities, services, and actions related to this Agreement are deemed performed in Bristol County, Massachusetts.
- Definitions. As used in this Agreement, Off The Leash Doggie Daycare or “OTL” shall mean together with its past, present, and future related entities, successors, owners, members, directors, officers, (specifically including Emily McHugh), shareholders, members, agents, employees, instructors, contractors, trainers, assigns, investors, insurers, legal representatives, and all individuals or entities involved in the operation of Off The Leash Doggie Daycare.
” Pet Parent(s)” shall mean and include any individual Pet Parent participating in the Activities and Services, together with each of their respective representatives, guardians, successors, assigns, heirs, children, and next of kin.
“I”/”You”/ “My”/”Your”/”We” shall mean and include one or more Pet Parents participating in the Activities and Services, together with each of their respective representatives, guardians, successors, assigns, heirs, children, and next of kin.
“Activities” and “Services” shall mean and include all training, boarding, grooming, practice, events, open use of Off The Leash Doggie Daycare facilities, instructions, guidance, or advice provided by Off The Leash Doggie Daycare, and includes interaction with any animal, whether owned by a Pet Parent(s) or any other person or entity.
“Activity Area” shall mean and include Off The Leash Doggie Daycare Premises, as well as any other private or public space where Activities occur, or any area designated for such Activity.
By signing below, you represent and warrant that all the information provided to OTL is complete and accurate to the best of your knowledge. You consent to OTL’s use of such information for all lawful business purposes which includes, but is not limited to, providing OTL’s services to you, operating the OTL business, marketing to you, communicating with you regarding your dog(s), and using data that includes information about you and your dog(s)for marketing or other purposes. You further acknowledge and agree that you have read, understand and agree to all the terms and conditions contained in the Agreement above, as they may be amended from time to time. You hereby execute this Agreement for your dog(s), yourself and your heirs, successors, representatives and assigns. You further attest that if you are not the owner or sole owner of the dog(s) for whom this Waiver and Release has been completed, your signature is sufficient to enter into this Agreement for and on behalf of any other owner or representative. No amendments, modifications, or supplements to this Waiver and Release Agreement shall be valid unless in writing and signed by both parties.
Pet Parent(s)
I/We have carefully read this Policies and Release of Liability Agreement in its entirety, and I/we fully understand its contents. I/We am/are aware that this is a release, waiver of liability and assumption of risk, and Indemnification Agreement and a legal contract between me/us and OTL and that it affects my/our legal rights, as well as the legal rights of the minors in my/our care or custody. I/We also have the authority to sign this Agreement on behalf of the minors in my/our care or custody, and I/we am/are signing this document of my/our own free will. A copy of this document is authentic and as effective as the original. I release OTL from any liability should any problem/medical issues arise when utilizing any of our services, including death.
