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WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE HOME BUDDIES BY CAMP BOW WOW AND RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
HOME BUDDIES POLICIES, PROCEDURES AND RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration for my pet(s) obtaining at home pet care (“Pet Care Services” or “Services”) from Home Buddies by Camp Bow Wow (“Home Buddies” or “HB”), I (the “Client”), understand, acknowledge and make the following representations and agree to all of the following policies, procedures, releases, waivers, risks, liabilities, indemnifications, terms and conditions (the “Agreement”):
1. HOME BUDDIES BY CAMP BOW WOW IS AN INDEPENDENTLY OWNED AND OPERATED FRANCHISE BUSINESS.
2. Reservations, Payment and Cancellation Policy. Home Buddies shall make reasonable attempts to accommodate reservation requests. For reservations made more than three days in advance of Service, HB will confirm the reservation by contacting the Client three to five days prior to the date Pet Care Services are to begin. If the Client does not receive such confirmation call, it should assume that no reservation exists and MUST immediately contact Home Buddies to schedule service. Client must notify Home Buddies either upon its return home, or if a third party is to take over the provision of Client’s pet’s care, Client shall cause such third party to provide notification to HB on the date that assumes such responsibility (“Care Notice”). Home Buddies will continue providing Services if it does not receive Care Notice. Client will be charged for any Services or attempts to provide Service, until such Care Notice is provided, regardless of whether Services are necessary. At the time of booking, HB requires a credit card or other form of deposit be provided for fifty percent (50%) of the total expected cost of the Services (excluding any emergency or incidental fees which will be due at the time Services are completed). Reservations must be canceled at least 3 days (72 hours) in advance of services, or Client will be charged $25 plus fifty percent (50%) of the total estimated cost for the reservation. If Client cancels any multi-night overnight Pet Care Service two or more days prior to the completion date during the term of any reservation period, they will be charged a cancellation fee equal to $25 plus two (2) nights of service, or one night, if only one day or night remains. Payment for all Services performed and any incidental charges are due in full upon completion of Pet Care Services. Client authorizes Home Buddies to charge the credit card on file for unpaid balances for Services or products. Any balances unpaid after 30 days, will be charged a fourteen (14%) annual interest rate if not paid within thirty (30) days. Client shall pay the cost of any return check or debit charges and any collection costs, including but not limited to attorney’s fees.
3. Home Buddies Care Giver. While Home Buddies will make reasonable attempts to use the same Home Buddies employee for the provision of the Services during the term of a reservation period, Home Buddies reserves the right to use multiple care givers. If for reasons beyond Home Buddies’ control, HB is unable to complete the provision of Services, or if this agreement is terminated prior to the end of a reservation period term and Client cannot provide alternate care, HB will use reasonable efforts to place Client’s pet(s) in a kennel or make other arrangements for alternative care. Client shall be solely responsible for the cost of such alternative care.
4. Keys; Access to the Home; House Care. Client will provide HB with at least one set of keys and instructions on access to the place where Pet Care Services are to be rendered (the “Home”), including but not limited to any gate or security codes. Prior to the commencement of Services, Client will also notify Home Buddies of any third party who has access to their Home, or who is expected to arrive at or enter the Home during the period Services are to be rendered, and when such persons are to be expected. If requested by Client, HB, at its sole discretion, may provide certain services related to Client’s Home. Such services may include the alternation of lights or curtain openings, plant care, receipt of packages or deliveries, and access for workmen. HB will not provide any supervision of workmen and shall not be liable for any such work in accordance with Section 9 and 10.
5. Camper Cam, Photos and Video Release. Client agrees that if video service (“Camper Cam”) is provided as part of the Services, it agrees to allow Home Buddies and D.O.G. Development LLC, a Colorado limited liability company (“D.O.G.”), their owners, employees, officers, directors, franchisees, agents and representatives to use its pet’s name and any images or likeness in any form or format, at any time, in any media, marketing, advertising, illustration, trade or promotional materials.
6. Pet Requirements; Supplies. Each pet must be up to date on all vaccinations typical for its species; meet all municipal or state licensing and other requirements; and wear an identification tag bearing the pet’s name, and current owner contact or emergency information. If the pet is a dog, it must be fitted with a quick release collar. Client must provide Home Buddies with any special walking devices such as gentle leaders, choke chains or other such tools, if it intends to have Home Buddies use any such devices for dog walking purposes. Client will provide enough food, litter, medication and other supplies (collectively, “Supplies”) for each pet for the entire reservation period. If Client fails to provide sufficient Supplies, Client shall be charged an errand fee (See HB list of services under Pet Food and Supplies Delivery) and the cost of any replacement Supplies purchased during the provision of Services. HB strongly recommends that every pet be neutered and will not be liable to Client for any unwanted pregnancy of Client’s unneutered animal. Client shall disclose any and all past aggressive incidents, characteristics, triggers and behaviors of their pet(s). Client shall disclose, and shall continue to disclose on an ongoing basis, any and all medical or other conditions, including but not limited to personality concerns or behaviors that may affect, limit or prevent Client’s pet(s) from participating in any typical HB activity, including but not limited to walking, dog park attendance, hikes or other adventures.
7. Administration of Medication; Veterinary Care. Client expressly authorizes Home Buddies to administer any medication or supplement to its pet(s) as directed by Client or veterinarian. HB shall not be liable for any complications in administering medication or for the medication itself, including but not limited to effectiveness or side effects. In the event of an emergency, Home Buddies will make a reasonable attempt to contact Client for veterinary care direction. If Home Buddies cannot reasonably reach Client, it shall determine, in its sole discretion, whether Client’s pet needs medical attention. If veterinary care is desired or necessary, Home Buddies shall make a reasonable attempt to admit Client’s pet to its veterinary hospital of choice or one of HB’s choice if such hospital is unavailable. In the event Client is not reasonably reachable, HB will make decisions for treatment considering both its determination of what is reasonably in the best interest of the pet and veterinarian advice. If Client has set a limit for veterinary expense in the Application, it must provide instructions to Home Buddies as to its wishes for its pet in the event the estimated cost for veterinary care exceeds the limit provided, including but not limited to euthanasia. Except in extreme circumstances where there is no reasonable possibility for recovery or humane existence of Client’s pet, or if Client unequivocally states that Home Buddies may not authorize euthanasia, HB will not make a decision to euthanize. Unless other arrangements are made by Client, HB will submit payment at the time of veterinary service and Client shall reimburse Home Buddies for the same along with any medication and transportation charges at the time Pet Care Service ends regardless of whether such charges exceed the limit provided by Client. Client shall be solely responsible for seeking reimbursement from any insurer.
8. Abandoned pets. Client will not abandon its pet(s) with Home Buddies. Client agrees to return home upon the scheduled date, extend the reservation period or provide alternative care. If during the provision of Services by HB, Client determines that it wishes to relinquish ownership, or can no longer provide ongoing care for its pet(s), it shall provide alternate arrangements for its pet’s care or directions on placement for the pet(s). If, seven (7) days after the scheduled end date of the Services, it is reasonably evident to Home Buddies that Client has abandoned its pet(s) with HB, and Client has not provided notification of delay in its return and/or alternate means for care, the pet(s) will be deemed abandoned. Client understands that if it abandons its pet(s), Home Buddies will automatically, become the legal owner and guardian of such pet(s). HB will, in its sole discretion, determine whether to try to rehome or adopt out the pet(s) or will relinquish the pet(s) to an unrelated shelter of its choice. I FULLY UNDERSTAND AND AGREE THAT IF I ABANDON MY PET(S), I MAY BE UNABLE TO RETRIEVE POSSESSION OF MY PET(S) AND WILL HAVE NO RECOURSE AGAINST HOME BUDDIES OR D.O.G. AS PROVIDED FOR BELOW.
9. ACCEPTANCE AND ACKNOWLEDGMENT OF RISK AND LIABILITY. I FULLY UNDERSTAND THAT: (a) THERE ARE INHERENT AND POTENTIAL RISKS INVOLVED WITH INTERACTIONS BETWEEN HUMANS AND ANIMALS, AS WELL AS BETWEEN ANIMALS AND OTHER ANIMALS, WHICH MAY RESULT IN PROPERTY DAMAGE OR BODILY INJURY, INCLUDING BUT NOT LIMITED TO, PERMANENT DISABILITY, SICKNESS OR DEATH TO HUMAN OR ANIMAL; (b) THERE MAY BE OTHER RISKS NOT KNOWN TO ME, NOR READILY FORESEEABLE AT THIS TIME (COLLECTIVELY, “RISKS”). EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY HB, I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR ALL RISKS, INCLUDING, WITHOUT LIMITATION, ALL LIABILITY FOR INJURY, SICKNESS, LOSS, COSTS, DAMAGES OR DEATH INCURRED ON ACCOUNT OF, ARISING OUT OF, RESULTING FROM OR RELATING IN ANY WAY TO ANY: (i) ACT OR OMISSION BY MY PET(S) TO (A) ANY PROPERTY, REAL OR PERSONAL, OR (B) ANY PERSON, INCLUDING AN HB EMPLOYEE; (ii) ACT OR OMISSION BY A THIRD PARTY AGAINST (A) AN HB EMPLOYEE, (B) MY PET(S) OR (C) ANY PROPERTY, REAL OR PERSONAL; (iii) THEFT CAUSED BY A THIRD PARTY, IF ANY THIRD PARTY HAS ACCESS TO MY HOME, OR IF A KEY IS STORED IN AN UNSECURE PLACE; (iv) THE UNWANTED PREGNANCY OF MY UNNEUTERED PET(S); (v) THE LOSS OR DISAPPEARANCE OF MY PET(S) IF SUCH PET(S) HAS UNSUPERVISED ACCESS TO THE OUTDOORS; (vi) RESULT OF WORK OF A LOCKSMITH IN PROVIDING HB ACCESS TO THE HOME IN THE CASE OF A FAULTY LOCK OR OTHER FAILURE OF CLIENT TO PROVIDE ACCESS; OR (vii) MEDICAL TREATMENT FOR MY PET(S), OTHER ANIMAL OR PERSON INJURED AS A RESULT OF ANY ACT OR OMISSION SPECIFIED IN THIS SECTION 9. SICKNESS SHALL BE DEFINED TO INCLUDE ANY ILLNESS INCLUDING BUT NOT LIMITED TO BORDETELLA (KENNEL COUGH), RABIES, GIARDIA, LIMES DISEASE, OR ANY OTHER FORM OF CONTAGIOUS ILLNESS. HB SHALL USE ITS BEST EFFORTS TO PROVIDE THE SERVICES, HOWEVER SHALL NOT BE LIABLE TO CLIENT FOR LOSS, INJURY, DAMAGE OR DEATH TO PROPERTY OR PET(S) DUE TO ITS INABILITY TO PROVIDE PET CARE SERVICES IN THE EVENT OF SEVERE WEATHER, NATURAL DISASTER, ACTS OF GOD, STRIKES, LOCKOUTS, RIOTS, ACTS OF WAR, EPIDEMICS, FIRE, FLOODING, EARTHQUAKES OR OTHER DISASTERS.
10. WAIVER, RELEASE AND INDEMNIFICATION. I HEREBY AGREE TO EXPRESSLY AND FOREVER GENERALLY WAIVE, DISCHARGE CLAIMS, INDEMNIFY, RELEASE FROM LIABILITY, SAVE, HOLD HARMLESS AND DEFEND HOME BUDDIES AND D.O.G., THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, AND ALL OTHERS HAVING AN INTEREST IN HOME BUDDIES OR D.O.G. (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 ANY: (i) ACT OR OMISSION BY MY PET(S) TO (A) ANY PROPERTY, REAL OR PERSONAL, OR (B) ANY PERSON, INCLUDING AN HB EMPLOYEE; (ii) ACT OR OMISSION BY A THIRD PARTY AGAINST (A) AN HB EMPLOYEE, (B) MY PET(S) OR (C) ANY PROPERTY, REAL OR PERSONAL; OR (iii) THEFT CAUSED BY A THIRD PARTY, IF ANY THIRD PARTY HAS ACCESS TO MY HOME, OR IF A KEY IS STORED IN AN UNSECURE PLACE; (iv) THE UNWANTED PREGNANCY OF MY UNNEUTERED PET(S); (v) THE LOSS OR DISAPPEARANCE OF MY PET(S) IF SUCH PET(S) HAVE UNSUPERVISED ACCESS TO THE OUTDOORS; OR (vi) MEDICAL TREATMENT FOR MY PET(S), OTHER ANIMAL OR PERSON INJURED AS A RESULT OF ANY ACT OR OMISSION SPECIFIED IN THIS SECTION 10. Notwithstanding the above, this Section 10 shall not apply to Home Buddies, in the case Home Buddies acted with gross negligence or willful misconduct. I AGREE THAT THIS RELEASE SHALL BE BINDING ON ME AND MY SUCCESSORS, HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.
I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS “HOME BUDDIES POLICIES, PROCEDURES AND RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT” AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THAT 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(S). THIS AGREEMENT AND ALL ITS TERMS AND CONDITIONS SHALL BE BINDING ON CLIENT AND HIS/HER SUCCESSORS, HEIRS, ASSIGNS AND LEGAL REPRESENTATIVES.