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General Liability Waiver

This AGREEMENT (Agreement”) is made by and between Fur-Get Me Not Pet Care, LLC ( "FGMN") and pet owner (hereinafter known as “CLIENT”). WHEREAS, FGMN wishes to provide dog daycare, boarding, dog training, dog walking, pet sitting, bathing, and/or pet taxi services (“Services”) which is hereby incorporated into the terms of this Agreement, and CLIENT wishes to accept such Services on the terms and under the conditions recited below; the Parties, intending to be legally bound, hereby agree as follows:

PAYMENTS AND REFUND POLICY

  • Prices for Services are detailed on our website. Payment for all services is required when services are rendered.
  • Reservations are required at all times. Last minute cancellations will not be refunded. If CLIENT determines that any Services for the time period(s) as requested by CLIENT are no longer required, CLIENT must notify FGMN promptly, and in no event less than the period of time specified in our cancellation policy to avoid being charged for any such Services. Please refer to FGMN cancellation notice on our website.
  • Dog Training enrollment is confirmed once payment has been received. If you did not pay when you registered, please do so in our online store. There are no partial refunds. Enrollment is limited to a maxiumum number of students.
  • Holidays and business closings have already been factored into our service rates. Please check our website for holiday schedule.
  • Client shall promptly pay all invoices from FGMN and may be required to pay certain fees in advance as determined by FGMN. Late fees, handling fees for returned checks and other fees shall be payable as set forth in the Service rates as listed on our website. CLIENT shall pay interest charges at the lesser rate of one and one- half percent (1.5%) per month or the maximum rate permitted by law on past due invoices. CLIENT will be responsible for all costs and fees associated with collection proceedings, including attorneys’ fees, for all amounts more than forty-five (45) days past due.

GENERAL TERMS

  • CLIENT certifies that he/she is the actual owner of the pet, or is the duly authorized agent of the actual owner.
  • FGMN reserves the right to not accept a pet into our Services for any reason. All rules of the center are subject to change at the sole discretion of FGMN.
  • FGMN shall provide the Services for CLIENT’s dog with reasonable care and diligence comparable to that of any other professional within the relevant industry; however, FGMN makes no representation or guarantee regarding the result or outcome in its provision of such Services, including specifically training. CLIENT hereby acknowledges that no promise or guarantee has been made regarding such result or outcome.
  • FGMN provides its training services through designated and Certified Dog Trainers, and CLIENT hereby acknowledges and agrees that only FGMN Certified Dog Trainers are authorized to provide CLIENT any training instruction. Other FGMN personnel may offer suggestions or advice based on their professional experience, which the CLIENT acknowledges are not training instructions. Regardless of any advice or training instruction provided, CLIENT is responsible for the care, training, control and actions of its dog.
  • For on-site Services, CLIENT acknowledges that the FGMN center is a staffed, cageless daycare and training facility by day and caged, unattended kennel by night. CLIENT acknowledges that no matter what level of care is taken by FGMN, there is an inherent risk of behavioral change, illness, injury or death to a dog as a result of participating in and receiving the Services provided under this Agreement. CLIENT expressly assumes such risk.
  • For at home Services, CLIENT acknowledges that in the event of an emergency (e.g., injured pets, severe weather, broken pipes, natural disaster, fire, etc.), FGMN is hereby authorized to take all measures deemed necessary or advisable by FGMN in its sole and absolute discretion in caring for Pets and CLIENT’s property (including without limitation emergency veterinary care for Pets and emergency repair services for CLIENT’s home) and CLIENT agrees to defend, indemnify and hold harmless FGMN, its respective employees, members, agents and affiliates from all liabilities, claims and expenses, including reasonable attorneys fees, that arise from or
    relate to such decisions. In the event of such an emergency, CLIENT shall immediately reimburse FGMN for expenses incurred, plus any additional fees or expenses for attending to such an emergency. Furthermore, CLIENT is responsible for providing keys to access their home or building. Any locksmith fees incurred as a result of providing faulty keys is the financial responsibility of the CLIENT.
  • Except as otherwise provided in this Agreement, CLIENT is solely responsible for any harm or injury caused by CLIENT’s dog or by CLIENT’s dog’s attendance and participation in the Services, including but not limited to harm or injury caused by a dog bite, to any person or other dog(s), or harm or injury to the employees or invitees of FGMN, or to the property of FGMN.

HEALTH AFFIRMATION

  • CLIENT certifies their pet is in good health, has not exposed to nor been found to have any infectious disease in the past 30 days and are currently vaccinated in accordance with all local and state laws.
  • For on-site Services, specifically daycare and boarding, CLIENT certifies their dog is vaccinated for DHPP (Distemper, Hepatitis, Parainfluenza, Parvo), Bordatella, and Rabies.
  • CLIENT certifies their pet has not exposed to nor been found to have any contagious parasitic problems, whether internal or external (including fleas & ticks) or contagious skin disorder in the past 30 days.
  • In the event that FGMN discovers any contagious condition, at its discretion, FGMN may send CLIENT’s dog home, treat the condition or quarantine CLIENT’s dog

PHOTO/ VIDEO RELEASE

  • CLIENT authorizes FGMN to take and to use photographs or other graphics, sound, or other images, likenesses, recordings, etc. (“Media”), of CLIENT’s pet, and FGMN may use those Media for any purpose without compensation.
  • CLIENT releases to FGMN all rights that she/he may possess or claim to such Media.

INDEMNIFICATION

  • CLIENT agrees to hold FGMN, its members, owners, directors, officers, agents, employees and lessor of the premises, harmless from any and all claims for loss or injury (including legal fees) which may be alleged to have been caused directly or indirectly to any person or thing by the act of the pet, and CLIENT personally assumes all responsibility and liability for any such claim. CLIENT further agrees to hold aforementioned parties harmless from any claim (including legal fees) from any claim or damage or injury to the dog whether such damage or injury be caused or alleged to be caused by the negligence of FGMN or any of the parties aforementioned. CLIENT assumes sole responsibility for and agrees to indemnify and save the aforementioned parties harmless from any and all loss and expense (including legal fees) by reason of liability imposed by law upon any of the aforementioned parties for damage because of bodily injuries, including death at any time resulting wherefrom, or sustained by any person or persons, including CLIENT howsoever such injuries, death or damage to property may he caused, and whether or not the same may have been caused or alleged to have been caused by the negligence of the aforementioned parties or any of their employees, agents, trainers or any other persons.
  • In the event that your pet is ill or injured while in the care of FGMN, we will first attempt to contact you and/or your designated veterinarian. If neither CLIENT nor CLIENT’s designated veterinarian can be reached, FGMN will, at it's sole discretion, take dog to an Emergency Veterinary Clinic, or a veterinarian of FGMN’s choice and Client authorizes FGMN or its selected agent to make any needed decision concerning medical treatment.
  • It is understood that all expenses incurred due to your pet’s illness or injury are the sole responsibility of CLIENT, subject to any exclusions in this Agreement. Any expenses due FGMN are to be paid in full within 7 days. In addition, CLIENT may incur additional charges for pet taxi services to the vet's office and employee wait time while pet is seeking veterinary care.

NOTICE

  • For on-site services, the boarding of animals is subject to Virginia Code § 3.2-6518 et seq, which provides that if your animal becomes ill or injured while in the custody of FGMN, FGMN is required to provide the animal with necessary emergency veterinary treatment for the illness or injury. CLIENT shall bear the reasonable and necessary costs of emergency veterinary treatment for any illness or injury occurring while the animal is in the custody of FGMN. FGMN shall bear the expenses of veterinary treatment for any injury the animal sustains while at FGMN if the injury resulted from FGMN’s failure, whether accidental or intentional, to provide adequate care as required by § 3.2-6503 or if CLIENT’s dog is injured as a result of FGMN’s actions. FGMN shall not be required to bear the cost of veterinary treatment for injuries resulting from the animal's self-mutilation.

RESOLUTION OF DISPUTES

  • This Agreement sets forth the entire agreement between the Parties with regard to the subject matter hereof. This agreement may be modified, superseded, or voided only upon the written and signed agreement of all the Parties.
  • The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement of the invalid provision.
  • The provisions of this Agreement shall survive termination of this Agreement.
  • This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard for its rules for conflicts of laws or where this Agreement or related documents are signed. In the event of any dispute or claim arising out of or related to this Agreement, or any related documents, the parties agree to submit to the jurisdiction of the courts of Virginia and to litigate in the Smalls Claims Court, the General District Court or the Circuit Court in the City of Alexandria, Arlington County or Fairfax County. The parties agree that, should either party violate this Agreement, the other party is entitled to seek all legal remedies available, including but not limited to the non-breaching party’s reasonable attorney’s fees and costs associated with enforcing this Agreement. A faxed, scanned or other electronic copy of this Agreement shall be deemed as an original. CLIENT’s damages for any claim related to injury or harm to CLIENT’s pet, if any, shall be limited to the monetary value of said pet; for any breach of this Agreement, CLIENT’s damages, if any, shall be limited to the monetary value of the Services provided pursuant to this Agreement.