In consideration and as a condition of Silkwood Kennel providing the Services described in the Standard Customer Contract, Owner hereby agrees as follows:
1. Informed Consent: Silkwood Kennel is both a contained and an open play environment and because of this there are inherent risks to your dog, which, even when closely monitored, may result in the following: i) transfer of communicable illness to your dog such as, but not limited to, coughs, colds, worms, internal parasites, and ii) superficial injuries to your dog such as, but not limited to, broken nails, sore pads, minor abrasions and/or cuts. Owner also understands that his or her dog(s) could sustain serious injuries, illness, or even death as a consequence of not only the open play environment or Silkwood Kennel’s actions or inactions), but also due to the actions, inactions, negligence or fault of other persons or dogs, conditions of equipment used, facility conditions, weather conditions, negligent first aid operations and procedures and that there may be other risks not known to Owner or not reasonably foreseeable at this time. Owner further understands and agrees that any injury, illness, property damage, disability, or death that his or her dog(s) may sustain by any means is Owner’s sole responsibility.
2. Release and Waiver of Liability: Owner on behalf of himself or herself, his or her personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Silkwood Kennel, including its members, officers, employees, and agents (hereinafter referred to as "Releasees") for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, property damage or death that Owner or his or her dog(s) may suffer as a result of the Services provided by Silkwood Kennel under this Agreement, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES, AND REGARDLESS OF WHETHER THE INJURY DAMAGE OR DEATH OCCURS WHILE IN, ON, UPON, OR IN TRANSIT TO OR FROM THE Silkwood Kennel FACILITY. Owner further agrees that the Releasees are not in any way responsible for any injury or damage that Owner or his/her dog(s) sustain as a result of Owners own negligent acts.
3. Assumption of Risk: Owner understands that there are potential dangers incidental to using the Services provided by Silkwood Kennel including his or her dog(s) participation in the open play environment. Owner understands that these potential risks are incidental to the Services provided.
Furthermore, Owner acknowledges that there are other potential dangers incidental to Services provided due to weather conditions, facility conditions, equipment conditions, negligent first aid operations or procedures of Releasees, and other risks that are unknown at this time.
OWNER KNOWINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS IF THE RELEASEES, and assume full responsibility for his/her dog(s) participation in the open play environment and the receipt of Services from Silkwood Kennel.
4. Indemnification: Owner, on behalf of himself/herself, his/her personal representatives, heirs, executors, administrators, agents, and assigns, agrees to hold harmless, defend and indemnify the Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, property damage or death as a result of Owner’s or Owner’s dog(s) actions, REGARDLESS OF
WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES OR OTHERWISE.
5. Veterinary Care: I understand and agree that Releasees may not have veterinary personnel available at its facility. In the event of any medical emergency, Owner authorizes and consents to medical or veterinary treatment that Silkwood Kennel personnel deem necessary for his/her dog(s) safety and protection, whether or not Silkwood Kennel can reach Owner or Owner’s emergency contact. Owner assumes full financial responsibility for any and all veterinary expenses incurred, in addition to other fees incurred for services provided at or by Silkwood Kennel.
6. Payment Obligations: Owner agrees to pay the rate for services in effect on the date Owner’s dog(s) attend(s) Silkwood Kennel. Prices are subject to change at any time. No dog will be released until all charges are paid in full. Cancellation fees may be applied for boarding reservations cancelled less than 24 hours prior to a scheduled boarding reservation. Owner further hereby grants Silkwood Kennel a lien pursuant to 9 V.S.A. § 2075 on his/her dog(s) for any and all unpaid charges resulting from services provided by, at, or through Silkwood Kennel. Costs for repairs to property damaged by Owner’s dog(s) will be Owner’s sole responsibility.
7. Termination: Silkwood Kennel reserves the right to terminate this Agreement at any time for any reason and refuse services or admittance to any dog.
8. Hours of Operations: Owner acknowledges that the hours of operation are by appointment. Owner agrees that dogs not picked up by 7:30pm will be subject to an additional day boarding charge of $10 and will be released the next business day, unless arrangements with Silkwood Kennel are made to contrary.
9. Abandonment: Should Owner or his/her pre-approved agent fail to contact Silkwood Kennel within 24 hours of the arranged pick up time; Owner’s dog will be considered to be abandoned. Any expenses incurred for the transport, overnight care, and/or placement or adoption of said pet shall be paid by Owner in addition to other fees incurred for services provided by, at, or through Silkwood Kennel.
10. Use of Images: Owner agrees that his/her dog(s) may be videotaped, photographed and/or recorded by Silkwood Kennel and that Silkwood Kennel may use any such recordings for its own marketing purposes and for no other purpose.
11. Choice of Law: Owner hereby agrees that this Agreement shall be construed in accordance with the laws of the State of Vermont.
12. Severability: Owner also agrees that the Agreement is intended to be as broad as is permitted by the law of the State of Vermont, and that if any portion of this agreement is held invalid, void or unenforceable, Owner agrees that the remainder shall nonetheless continue in full legal force and effect.