THIS PET AGREEMENT or BOARDING AGREEMENT ("Agreement") is made and entered into as of the date the Pet Owner registers a pet or creates an account, by and between Tabernacle Farm (the “Company”) and the Pet Owner set forth below ("Pet Owner").
Under Alabama law, Tabernacle Farm, an agritourism professional, is not liable for injury, sickness, or damage to, or the death of, a participant in an agritourism activity at this location if the injury, sickness, damage, or death results from the inherent risks of the agritourism activity. Inherent risks of an agritourism activity include risks of injury, sickness, damage, or death inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury, sickness, damage, or death, or for another participant to act in a manner that may cause your injury, sickness, damage or death.
1. SERVICES; ENGAGEMENT. Company provides dog boarding services. Pet Owner hereby engages Company to provide the services for his or her pet(s) (as set forth on the information sheet provided by Pet Owner) on the terms and conditions set forth in this Agreement and in any supplemental pet information or reservation forms provided in connection with this Agreement by Company.
2. PET OWNER REPRESENTATIONS; DUTY TO DISCLOSE. Pet Owner represents and warrants to Company that: a. Pet Owner is the rightful owner or caretaker of the pet, and his or her use of the Company's website, or by calling the Company is sufficient to enter into this Agreement for and on behalf of any other owner or representative of the pet, and Pet Owner is executing this Agreement for the pet, himself or herself and his or her heirs, successors, representatives or assigns; b. The pet is current on all required vaccinations and such other vaccinations as is required by Company. Pet Owner agrees to provide documents confirming such vaccinations as requested by Company, and shall provide proof of vaccinations for rabies, kennel cough and parvo prior to any entry at the Company facilities or evaluation made by Company; c. The pet is free of fleas, ticks, worms and other insects and parasites; d. The pet has no current illness or injury, except as has been disclosed to Company; f. The pet has not bitten, or exhibited other aggressive behavior, towards any person or animal, except as has been previously disclosed to Company; and g. Pet Owner has disclosed and shall continue to disclose on an on-going basis, any and all medical or other conditions, including but not limited to personality concerns or behaviors that may affect, limit or prevent the pet’s ability to participate in play time or otherwise attend the Company’s facilities.
3. ACCEPTANCE OF RISK. Unless Pet Owner has otherwise instructed to the contrary, Pet Owner acknowledges and agrees that his or her pet may encounter and be permitted to interact and play with other dogs and with Company staff members. Pet Owner acknowledges that when dogs play in groups that nicks, bites or scratches may occur, and Company may or may not notify Pet Owner immediately if the pet sustains any nicks, bites or scratches. Pet Owner further acknowledges that animals are unpredictable and that there is a possibility of injury or death to the pet or to another animal or person. Therefore, as consideration of the services rendered by Company, Pet Owner (A) hereby waives and releases Company, and its invitees, sponsors, members, managers, advertisers, owners, officers, directors, employees, volunteers, agents, lessors, and any parties owning, controlling or having any interest in the property where the Company facility is located, and all other representatives or agents of Company (collectively, “Company Parties”) from any and all claims, actions, damages or liability for injury, sickness or illness suffered by his or her pet while in the care of Company or otherwise relating to the care, control, health and/or safety of the pet arising from pick up, transport, drop off and/or stay at the Company facilities, except to the extent such illness or injury is the result of Company’s gross negligence or intentional misconduct, and (B) agrees not to initiate any legal proceedings against Company or any Company Parties with respect to such released claims. If Pet Owner or their assigns do initiate legal proceedings against the Company, Pet Owner agrees to pay for all Company legal fees and other expenses necessary to defend against the proceedings. “Sickness and illness” shall be defined to include any illness, including, without limitation, canine infectious tracheobronchitis (kennel cough) or any other form of contagious illness.
4. INDEMNIFICATION; LIABILITY. AS CONSIDERATION FOR THE SERVICES RENDERED BY COMPANY, PET OWNER WILL INDEMNIFY, DEFEND AND HOLD COMPANY AND COMPANY PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND VETERINARY COSTS AND EXPENSES) ARISING FROM OR RESULTING FROM ANY BREACH OF THE REPRESENTATIONS, WARRANTIES OR COVENANTS CONTAINED IN THIS AGREEMENT (INCLUDING ABANDONMENT OF THE PET AT THE COMPANY FACILITY), OR OTHERWISE RELATED TO ANY AND ALL ACTS OF BEHAVIOR OF THEIR PET(S), WHICH MAY INCLUDE, WITHOUT LIMITATION, INJURY OR DEATH TO A PET OR ANIMAL AT THE FACILITY OR INJURY OR DEATH TO A STAFF MEMBER OF COMPANY OR ANY OTHER MEMBER OF THE PUBLIC. IN NO EVENT WILL COMPANY OR ANY COMPANY PARTY BE HELD LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBLE EXISTENCE.
5. EVALUATION; PARTICIPATION. Company may require an evaluation or assessment of Pet Owner’s pet(s) prior to engaging in dog boarding. Proof of current vaccinations, including rabies, kennel cough, and parvo are required prior to evaluation. Pet Owner understands that if a full evaluation day is requested, payment for this evaluation is due prior to the evaluation and there will be no refunds of this charge regardless of admission decision for Pet Owner’s pet(s). Pet Owner is not permitted to attend this evaluation. After evaluation is complete, Company reserves all rights to refuse to provide pet care services for any reason in their sole and absolute discretion. Further, Pet Owner understands participation in play time is at the sole discretion of the Company, and the pets may be separated from other pets or asked to leave for any reason in Company’s sole discretion. Each time a pet is dropped off at our facility and the pet is found to have 1 or more fleas, Pet Owner agrees to pay $5 for a Nitenpyram flea pill or provide one themselves.
6. PICK UP: In the event that Pet Owner does not pick up their pet on the scheduled day of pick up, Pet Owner authorizes The Company to continue services for boarding at pet owner’s expense. If Pet Owner places their pet in daycare and does not pick up before the end of the business hours, Pet Owner authorizes The Company to board the pet at the owner’s expense. If after 2 days the pet has not been picked up, the pet will be considered abandoned (see section 15).
7. PAYMENT. Pet Owner agrees to pay all fees for boarding, veterinary services and other services owed on the day of pick up under this Agreement. The pet will not be released until all monies owed by the Pet Owner have been paid.
8. VETERINARIAN LIABILITY AND CARE. In the event that Pet Owner’s pet should need veterinary services while in the care of the Company, Pet Owner requests that the following conditions be adhered to:
______ Save my pet regardless of the cost of any necessary treatment, medication, or surgical procedures.
______ Use any and all reasonable and customary treatments, medications, or surgical procedures necessary to treat my pet, not to exceed $__________________.
______ Pet Owner does not want their pet treated by a veterinarian under any circumstances, even in a life-threatening situation. If a pet dies at the Company’s facility, it will be brought to the nearest veterinarian if the owner cannot immediately come get it. PET OWNER AGREES THAT PET OWNER IS FULLY RESPONSIBLE FOR THE COST OF ANY SUCH MEDICAL TREATMENT, AND FOR THE COST OF ANY TRANSPORTATION FOR THE PURPOSES OF SUCH TREATMENT PROVIDED TO THE PET.
9. PERSONAL PROPERTY. Pet Owner agrees that no Company Party shall be responsible or liable for any lost, stolen or damaged personal property belonging either to Pet Owner or the pet. Pet Owner also understands and agrees that the pet’s collar may be removed in the play area to prevent injury to any dog.
10. PHOTOS AND VIDEO RELEASE. Pet Owner agrees to allow Company to use his or her pet’s name and any images or likeness of his or her pet taken while the pet is at the Company facility, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional materials.
11. CANCELLATIONS: All Cancellations for dog boarding must be made 48 hours in advance. If Pet Owner fails to cancel in this time frame, it is The Company’s sole discretion to charge one night of boarding. All cancellations for major holidays must be canceled within 48 hours in advance to avoid one night fee.
12. OTHER DOCUMENTATION. The terms of this Agreement will govern any reservation form, pet information sheet, instructions from Pet Owner or other document relating to services to be provided by Company.
13. GOVERNING LAW; VENUE. This Agreement is governed by the laws of the State of Alabama, without regard to conflicts of law principles. Company and Pet Owner agree that all actions or proceedings arising directly, indirectly or otherwise in connection with, out of, or related to or from this Agreement shall be litigated only in courts located in Bibb County, Alabama, and each of them hereby consents and submits to the nonexclusive jurisdiction of any local, state or federal court located within said county and state and waives any claim that any of said courts constitute an inconvenient forum.
14. SEVERABILITY. If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect. Company will be deemed to have accepted this Agreement, without execution, upon the acceptance of a reservation or payment for services to be provided hereunder or the commencement of the services.
15. ABANDONED PETS. Pet Owner understands and agrees that if his or her pet is not picked up within two (2) calendar days after the scheduled pick up date, the pet shall be deemed to be abandoned and additional boarding charges shall apply, and in such event, Company shall gain legal custody and ownership of the pet and retain the right to keep the pet, or place the pet in a shelter or with animal control, or place the pet in a new home with a new owner, with no recourse by Pet Owner against Company or any Company Party. PET OWNER FULLY UNDERSTANDS AND AGREES THAT IF PET OWNER ABANDONS HIS OR HER PET AT THE COMPANY FACILITY, PET OWNER MAY BE UNABLE TO RETRIEVE POSSESSION OF HIS OR HER PET AND WILL HAVE NO RECOURSE AGAINST ANY COMPANY PARTY. PET OWNER HAS READ AND FULLY UNDERSTANDS THE TERMS OF THIS AGREEMENT, INCLUDING THE RELEASES, WAIVERS OF LIABILITY, ACCEPTANCE OF RISK AND INDEMNITY PROVISIONS AND UNDERSTANDS THAT PET OWNER HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAS SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE AND INTENDS IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW. PET OWNER AGREES THAT IT IS INTENDED THAT ALL TERMS OF THIS AGREEMENT CONTROL DESPITE ANY PARTICULAR STATUTE OR LAW THAT WOULD OTHERWISE PROTECT PET OWNER OR HIS OR HER DOG(S). PET OWNER IS ADVISED TO SEEK LEGAL COUNSEL IF PET OWNER IS UNSURE OF THE EFFECTS OF THE FOREGOING AGREEMENT.