PET 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 DEPRIVES YOU OF THE RIGHT TO SUE THE OWNER(S) OF UPTOWN VETERINARY HOSPITAL LLC, ITS FRANCHISOR OR RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTAND IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
In consideration for your dog(s) being permitted to come to Uptown Play Day at Uptown Veterinary Hospital, LLC, you agree to all of the policies, procedures, release, terms and conditions set forth below. The following will apply to Uptown Veterinary Hospital, LLC regardless of ownership, as well as its affiliates, employees, owners, agents, and representatives.
1. All pets participating in Uptown Play Day must:
· be current on Rabies, Bordetella, DHLPP and Influenza vaccinations;
· be current on a fecal flotation examination;
· be at least 4 months of age;
· be spayed or neutered if 6 months of age or older;
· be in general good health and free of ticks and fleas;
· be non-aggressive towards people and other dogs;
· not be protective over toys;
· complete the Uptown Veterinary Hospital, LLC interview process to satisfaction in its sole discretion;
· meet all municipal and state licensure and other requirements; and,
· be leashed when entering and exhibiting the Uptown Veterinary Hospital, LLC premises.
2. Food. Pets will be fed in accordance with the instructions provided in the Application or instructions you later provide. While at Uptown Play Day, pets do not get fed lunch. If you want your pet to each lunch, you must provide Uptown Veterinary Hospital, LLC a container marked with your pet’s name and feeding instructions.
3. Photograph and Video Release. By using the services offered by Uptown Veterinary Hospital, LLC you agree to allow Uptown Veterinary Hospital, LLC and any of their affiliates to use your pet’s name and any image or likeness of your pet while taken at Uptown Play Day, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional material. This provision is binding on you, and all of your successors, heirs, legal representatives and assigns.
4. Personal Property. UPTOWN VETERINARY HOSPITAL, LLC WILL NOT BE LIABLE FOR ANY LOST, STOLEN OR DAMAGED PERSONAL PROPERTY BELONGING EITHER TO YOU OR TO YOUR PET, IF YOUR PET CAUSES ANY PERSONAL PROPERTY DAMAGE TO THE FACILITY, ANOTHER PET OR OTHERWISE, YOU WILL BE LIABLE FOR THE FULL COST OF ALL TREATMENT, REPAIRS AND REPLACEMENTS.
5. Fees. You must pay for all services and products by credit card, cash or check. All payment is due at the time you pick up your pet from Uptown Play Day. You give your express permission to Uptown Veterinary Hospital, LLC to charge any credit card you provided for unpaid services or products upon the date services were supposed to have been completed. You further agree to pay any collections costs and the cost of any returned or challenged check or debit charges.
6. Training and Interviews. You hereby consent to Uptown Veterinary Hospital, LLC’s use of your pet for staff training, dog training, and new pet interviews while your pet is in our care. You acknowledge that dogs at Uptown Play Day for training or interview purposes may not meet all qualifications for participation in Uptown Play Day.
7. Cancellation and Refund Policy. You will be charged the equivalent of one (1) full day of doggy day care, if you fail to cancel a reservation for doggy day care twenty four (24) hours in advance of drop-off time. You will be charged one (1) full day of boarding, if you fail to cancel your boarding reservation twenty four (24) hours in advance of drop-off time.
8. Aggressive Dogs. Although Uptown Veterinary Hospital, LLC loves all dogs, to come to Uptown Play Day, your pet may not be aggressive and must pass Uptown Veterinary Hospital, LLC’s interview process in Uptown Veterinary Hospital, LLC’s sole discretion. Your pet may be separated from other pets or asked not to return to Uptown Play Day if he/she exhibits aggressive or otherwise unacceptable behavior. Such determinations will be made at the sole discretion of Uptown Veterinary Hospital, LLC.
9. Abandoned Dogs. No pet may be left at Uptown Play Day after the scheduled pick-up time without communication from you. If your pet is left at Uptown Play Day without any contact, instruction or notification regarding its pick-up from you or your authorized representative, your pet will be deemed “Abandoned” at 5 p.m. on the seventh (7th) day after the scheduled pick up date. If your pet is abandoned at Uptown Play Day, Uptown Veterinary Hospital, LLC will become its legal owner and guardian. Uptown Veterinary Hospital, LLC will, in its sole discretion, determine whether to re-home the dog or relinquish it to a shelter or rescue of Uptown Veterinary Hospital, LLC’s choice. YOU FULLY UNDERSTAND AND AGREE THAT IF YOU ABANDON YOUR DOG AT UPTOWN PLAY DAY, YOU MAY BE UNABLE TO RETRIEVE POSSESSION OF YOUR DOG AND WILL HAVE NO RECOURSE AGAINST UPTOWN VETERINARY HOSPITAL, LLC.
10. 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 in Uptown Veterinary Hospital, LLC’s sole discretion, may affect, limit, or prevent your pet’s ability to participate in Uptown Play Day.
11. ACCEPTANCE AND ACKNOWLEDGEMENT 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 RISKS NOT KNOWN TO YOU OR UPTOWN PLAY DAY, NOT 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 PARTICIPATION AT UPTOWN PLAY DAY, INCLUDING ANY VETERINARIAN EXPENSES INCURRED ON BEHALF OR CAUSED BY YOUR PET. “SICKNESS” INCLUDES ANY ILLNESS NOT LIMITED TO BORDETELLA (KENNEL COUGH), BLOAT, OR ANY OTHER FORM OF CONTAGIOUS DISEASE.
12. Veterinarian Liability and Care. Uptown Veterinary Hospital, LLC will have the right to obtain medical treatment for your pet, if, in Uptown Veterinary Hospital, LLC’s discretion, it appears that your pet may be ill, injured, or exhibits any other behavior that would reasonably suggest that your pet may need medical treatment. Reasonable efforts will be made to contact you when Uptown Veterinary Hospital, LLC determines that medical treatment is necessary, but if Uptown Veterinary Hospital, LLC is unable to contact you or your emergency contact, Uptown Veterinary Hospital, LLC and the veterinarian may rely on this Section 11 as your consent to treat your pet. You hereby grant the veterinarian and Uptown Veterinary Hospital, LLC the right to make medically necessary decisions for your pet’s treatment, and release the veterinarian and Uptown Veterinary Hospital, LLC 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 pet’s treatment. Uptown Veterinary Hospital, LLC will first attempt to seek treatment from the veterinarian provided in the Uptown Play Day Application (“Designated Veterinarian”), but will have the right to see veterinary treatment from an alternative veterinarian if: (i) the pet needs urgent care and another veterinarian is closer, (ii) Uptown Veterinary Hospital, LLC is unable to reach the Designated Veterinarian , or (iii) Uptown Veterinary Hospital, LLC is unable to transport the pet to the Designated Veterinarian. If a pet passes away while at Uptown Play Day, it will be brought to its or the closest veterinarian. YOU WILL BE FULLY RESPONSIBLE FOR ALL COSTS RELATED TO ANY MEDICAL TREATMENT, INCLUDING WITHOUT LIMITATION, THE COST OF ANY TRANSPORTATION FOR THE PURPOSE OF SUCH TREATMENT. You must also provide veterinary records to Uptown Veterinary Hospital, LLC upon request, and you hereby grant Uptown Veterinary Hospital, LLC permission to request and obtain veterinary records directly from your Designated Veterinarian, if Uptown Veterinary Hospital, LLC is unable to obtain necessary records from you.
13. Trade Secrets. I understand the during my tour of the Uptown Play Day facility, I may see confidential information, intellectual property, and trade secrets (collectively, “Proprietary Information”) that are the unique and exclusive property of Uptown Veterinary Hospital, LLC. I acknowledge that Uptown Veterinary Hospital, LLC has spent considerable money and effort developing and guarding the Proprietary Information and that any unauthorized disclosure or use of this Proprietary Information would be wrongful and could cause irreparable injury and harm to Uptown Veterinary Hospital, LLC and its affiliates. By signing this form, I agree that I will not, at any time, publish, disclose, divulge, or in any manner communicate the Proprietary Information to any person or entity or use such Proprietary Information, directly or indirectly, for my own benefit or for the benefit of any other person or entity. I recognize that my participation in this tour does not grant me any property rights, by license or otherwise, to any Proprietary Information. This constitutes my entire agreement with Uptown Veterinary Hospital, LLC with respect to the subject matter hereof.
14. WAIVER, RELEASE, AND INDEMNIFICATION. YOU HEREBY AGREE TO EXPRESSLY AND FOREVER GENERALLY WAIVE, DISCHARGE CLAIMS, INDEMNIFY, RELEASE FROM LIABILITY, SAVE, HOLD HARMLESS, AND DEFEND UPTOWN VETERINARY HOSPITAL, LLC, their invitees, owners, officers, directors, employees, volunteers, agents, representatives, lessors, and all others having an interest in any Uptown Veterinary Hospital, LLC 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 pet’s participation in Uptown Play Day, services provided by Uptown Veterinary Hospital, LLC, 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 UPTOWN VETERINARY HOSPITAL, LLC FROM ANY DUTY TO PROTECT YOU OR YOUR PET FROM INJURY OF ANY KIND, AND AGREE THAT ANY IMPLEMENTATION OF SAFETY PRECAUTIONS BY UPTOWN VETERINARY HOSPITAL, LLC WILL NOT WAIVE UPTOWN VETERINARY HOSPITAL, LLC’s RIGHT TO BE INDEMNIFIED AS PROVIDED HEREUNDER, AND SUCH PRECAUTIONS WILL NOT ALTER THIS RELEASE. I INTEND FOR THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELASE OF LIABILTIY OF UPTOWN VETERINARY HOSPITAL, LLC TO THE GREATEST EXTENT PERMITTED BY LAW; I AGREE 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.
For emergencies or