Pet Services Agreement

THIS PET SERVICES AGREEMENT (the “Agreement”) is executed and delivered by “Owner” to “Pet Paradise” regarding the “Pet” (as each of those terms are defined herein).  In consideration of the boarding, daycare, grooming, training, veterinary or other services or goods (the “Services”) to be provided by Pet Paradise from time to time to or for Owner or Pet, Owner agrees as follows:  

Right to Refuse to Provide Services.

Notwithstanding any other provision of this Agreement, Pet Paradise may refuse to provide, or refuse to continue to provide, any Services to or for Owner or Pet, at any time, for any reason or no reason, in its sole and absolute discretion.   

Payment for Services.

1. Owner will pay in full all charges for all Services provided to or for Owner or Pet by Pet Paradise, or provided by others at the request of Pet Paradise (collectively, the “Charges”), not later than the end of each visit.  Pet Paradise will also have the right to require that Owner provide a deposit or pay in advance for any Services. 
2. If Owner fails to pick up the Pet on its scheduled checkout date, Pet Paradise may, at its option, continue to provide to the Pet any or all of the Services and Owner will be obligated for the payment of those Services at the then-current rates of Pet Paradise.  
3. Owner authorizes Pet Paradise to charge any credit card of Owner on file with Pet Paradise for any Charges not paid by Owner when due.

Owner’s Warranties and Representations.  

Owner warrants and represents to Pet Paradise that: 

1. Owner is the sole owner of the Pet, free and clear of any claim, lien or encumbrance and has full power and authority to enter into this Agreement.
2. All information provided by Owner regarding the Pet is accurate and complete, and Owner has fully disclosed to Pet Paradise any pre-existing illnesses, injuries and behavioral problems or conditions regarding the Pet.
3. The Pet has not been exposed to rabies, distemper, parvovirus, bordetella, influenza, upper respiratory infection or any other contagious disease within the thirty (30) days immediately prior to each stay at a Facility.
4. Each of Owner’s warranties and representations will be true and correct during all current and future visits by the Pet to any Facility.

Pet Health Services.

1. If Pet Paradise, in its sole and absolute discretion, determines that the Pet requires any veterinary medical treatment (including surgery or anesthesia), hospitalization, care or attention (“Veterinary Services”) while in its care, Pet Paradise will be authorized to provide, or engage any veterinarian to provide, and to transport the Pet if necessary to obtain, such Veterinary Services.  Owner will pay all Charges for such Veterinary Services and transportation immediately upon the request of Pet Paradise, but in any event not later than the end of the Pet’s visit.  Owner also authorizes Pet Paradise to immediately charge any credit card of Owner on file with it for any Charges for such Veterinary Services and transportation.
2. If Pet Paradise determines that the Pet was brought to a Facility infested with fleas, ticks or other parasites, Pet Paradise may provide to the Pet any medication, bath or other necessary treatment and Owner will pay all Charges regarding such medication, baths or treatment.

Emergency Situations.

In the event of a storm, flood, other natural disaster or other emergency situation that affects the ability of Pet Paradise to fully and safely operate a Facility, Pet Paradise will attempt to contact Owner to pick up its Pet from the Facility.  If (a) Pet Paradise contacts Owner and Owner fails to immediately pick up the Pet, (b) Pet Paradise attempts to but is unable to contact Owner, or (c) Pet Paradise determines, in its sole and absolute discretion, that due to the emergency nature of the situation, there is not sufficient time to contact Owner or provide Owner an opportunity to pick up the Pet, Pet Paradise will have the right, but not the obligation, to relocate the Pet to another Facility or other location.  In such event, Owner will be obligated to pay Pet Paradise for all Charges associated with the transportation of the Pet and the Services provided to the Pet at the other Facility or location.

Abandoned Pets.

1.  If Owner has not picked up the Pet within five (5) days of its scheduled checkout date, Pet Paradise may send to Owner a written notice, by regular United States Mail to the most current address of Owner on file with Pet Paradise, requiring that Owner pick up the Pet from the Facility within ten (10) days of the date of such notice and pay all outstanding Charges owed to Pet Paradise.
2. If Owner fails to pick up the Pet and pay all outstanding charges as required in the Notice, the Pet will be deemed to be an “Abandoned Pet,” and Owner will, to the fullest extent permitted by applicable law, be deemed to have relinquished to Pet Paradise all ownership right or claim regarding the Pet.
3. Pet Paradise may, at its option, place any Abandoned Pet with any humane society, animal shelter or animal rescue group, or permit any person selected by Pet Paradise, in its sole discretion, to adopt the Abandoned Pet.
4. To the extent permitted under applicable law, Pet Paradise will have a lien upon the Pet in the full amount of all outstanding Charges.
5. Owner hereby waives any statutory right to notice or other rights of Owner regarding any Abandoned Pet provided under applicable law. Notwithstanding the foregoing, Pet Paradise may, at its option, exercise any rights and remedies regarding any Abandoned Pet provided under applicable law in addition to or in lieu of its rights and remedies under this Agreement. 
6. No actions of Pet Paradise regarding any Abandoned Pet will relieve Owner of any liability for any outstanding Charges owed to Pet Paradise regarding the Abandoned Pet.

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. 

Owner acknowledges and understands that there are inherent and potential risks (collectively, “Risks”) associated with (a) interactions between pets (including during group play), (b) interactions between pets and humans,  (c) pets being housed in a group or unfamiliar environment, and (d) other known and unknown and foreseeable and unforeseeable risks arising out of or related to the Pet’s presence at a Facility or use of Services.  Risks include:  

• Exposure of the Pet to contagious diseases, viruses or infections, including bordetella (“kennel cough”), canine influenza, respiratory viruses or infections, gastrointestinal conditions or skin conditions;
• Worsening of underlying health conditions due to the stress of boarding;
• Exposure of the Pet to fleas, ticks, mites, roundworms, hookworms, tapeworms, heartworms or other external or internal parasites;
• Exposure of Pet to substances that may cause allergic reactions;
• “Bloat,” GDV or similar gastric events;
• Heat exhaustion, heat stroke and other heat-related illnesses.          
• Bites, abrasions, lacerations, sprains, fractures or other injuries;
• Premises and equipment defects and conditions;
• Risks associated with transporting the Pet;
• Property damage or loss, illness, physical or emotional injury, and death of or to the Pet, Owner or any other pet or person; and
• Claims, demands, liability, damages, costs, expenses, attorney’s fees and court costs arising from or related to any of the foregoing. 

I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS (INCLUDING THE RISKS DESCRIBED ABOVE), WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, FORSEEABLE OR UNFORSEEABLE, OR CAUSED BY THE NEGLIGENCE OF PET PARADISE OR ANY OTHER PERSON OR ENTITY.

WAIVER AND RELEASE OF CLAIMS; AGREEMENT NOT TO SUE.

I WAIVE AND RELEASE PET PARADISE, ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, INVITEES, AGENTS, REPRESENTATIVES, CONTRACTORS, LANDLORDS, TENANTS AND INSURERS, AND THE HEIRS, SUCCESSORS AND ASSIGNS OF EACH OF THEM (EACH, A “RELEASED PARTY” AND, COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, ACTIONS, LAWSUITS, DAMAGES, JUDGMENTS, ATTORNEY’S FEES, COSTS, LIABILITIES, LOSSES OR EXPENSES (COLLECTIVELY, “CLAIMS”), WHETHER KNOWN OR UNKNOWN, ACCRUED OR UNACCRUED, OR CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE, INCLUDING CLAIMS FOR PROPERTY DAMAGE OR LOSS, ILLNESS, OR INJURY TO OR DEATH OF MY PET OR ME, ARISING OUT OF OR RELATED TO (A) THE SERVICES, (B) MY PET’S PRESENCE AT ANY FACILITY OR OTHER LOCATION IN CONNECTION WITH THE SERVICES, (C) THE DISPOSITION OF ANY ABANDONED PET, OR (D) ANY OTHER ACT OR OMISSION OF ANY RELEASED PARTY. In no event will the Released Parties be liable for any lost profits or revenue, nor any consequential, incidental, indirect, economic, special, punitive or exemplary damages regarding any Claims.  I ALSO AGREE NOT TO SUE ANY RELEASED PARTY REGARDING ANY SUCH CLAIMS, AND WAIVE MY INSURERS' RIGHTS TO BRING ANY CLAIMS AGAINST PET PARADISE OR ANY OTHER RELEASED PARTY BASED ON ANY PAYMENTS MADE TO OR ON BEHALF OF ME REGARDING SUCH CLAIMS.

BEHAVIOR AND ACTIONS OF PET; INDEMNIFICATION. 

1. Owner will be solely responsible for all behavior and actions of the Pet while at any Facility or other location in connection with the Services or pursuant to this Agreement.
2. I HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND, IF REQUESTED BY PET PARADISE, DEFEND PET PARADISE AND ANY OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, ACCRUED OR UNACCRUED,  OR CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE, INCLUDING CLAIMS FOR PROPERTY DAMAGE OR LOSS, ILLNESS, INJURY OR DEATH OF OR TO MY PET, ANY OTHER PET, ME OR ANY OTHER PERSON OR ENTITY, ARISING OUT OF OR RELATED TO (A) THE BEHAVIOR AND ACTIONS OF THE PET WHILE AT ANY FACILITY OR OTHER LOCATION IN CONNECTION WITH THE SERVICES OR PURSUANT TO THIS AGREEMENT; (B) ANY INJURIES TO THE PET, ANY OTHER PETS OR ANY PERSON, OR DAMAGE TO ANY FACILITY OR OTHER PROPERTY, CAUSED IN WHOLE OR IN PART BY THE PET; (C) ANY BREACH BY OWNER OF ANY TERM OR CONDITION OF THIS AGREEMENT; OR (D) THE FALSITY OF ANY REPRESENTATION OR WARRANTY MADE BY OWNER TO PET PARADISE.
3. If the Pet bites or otherwise injures any person or pet while at any Facility or other location in connection with the Services or pursuant to this Agreement., Owner authorizes Pet Paradise to report such bite or injury, and provide Owner’s name and contact information, to (a) any appropriate authorities, (b) any veterinarian or medical provider treating the bitten or injured person or pet, or (c) the bitten or injured person or the owner of the bitten or injured pet.

ARBITRATION; WAIVER OF JURY TRIAL.

1. Any claim or dispute between Owner and Pet Paradise regarding this Agreement or its subject matter which has not been resolved through negotiation between the parties will be settled and determined through arbitration in accordance with the Rules of Commercial Arbitration of the American Arbitration Association.  Such arbitration will be conducted by a single arbitrator to be agreed upon by the parties, or if the parties cannot agree upon a single arbitrator, each party shall select an arbitrator who shall then select a single arbitrator who shall conduct the arbitration. Any arbitration conducted pursuant to this Agreement will be conducted in Jacksonville, Florida, unless prohibited by applicable law. The written decision of the arbitrator shall be binding, final and conclusive on the parties and shall be the exclusive final remedy of the parties under this Agreement.  The arbitrator shall determine the costs and fees of the prevailing party, including reasonable attorney’s fees, and such costs and fees shall be included in the arbitration award. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 
2. IF FOR ANY REASON THE FOREGOING ARBITRATION PROVISIONS ARE FOUND TO BE UNENFORCEABLE, OWNER KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHTS IT MAY HAVE TO A JURY TRIAL REGARDING ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER, AND CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY STATE COURT OR FEDERAL COURT SITTING IN JACKSONVILLE, FLORIDA REGARDING ANY LITIGATION, LEGAL PROCEEDING OR DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER.

Photographic and Video Release.

Owner irrevocably grants to Pet Paradise, its agents, and licensees, and any press or news agencies authorized by Pet Paradise, the right and license, without payment of any royalty or other compensation, to photograph, videotape or record, by any means and in any medium, the Pet’s image, likeness, sound and voice, and to publish, copyright, use or alter any images, likenesses or recordings of the Pet (with or without the name of the Pet or any fictitious name), for any commercial, educational, charitable or other lawful purposes, without any consent or approval of Owner.    

Miscellaneous.

1. This Agreement contains the entire agreement between Pet Paradise and Owner and supersedes any prior agreement between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, the rights and remedies in favor of Pet Paradise and the representations, warranties and covenants of Owner provided under this Agreement, are in addition to, and not in limitation of, the rights and remedies in favor of Pet Paradise, and the representations, warranties and covenants of Owner provided under, any consents, authorizations or agreements regarding veterinary or training services executed and delivered by Owner to Pet Paradise.
2. All terms and conditions of this Agreement will bind and benefit Pet Paradise, Owner, any other owner of the Pet, and the heirs, administrators, personal representatives, successors and assigns of each of them.
3. This Agreement will be applicable to all Services provided by Pet Paradise to the Pet at any Facility or other location on or after the date of this Agreement.
4. Owner will pay all collection costs, including attorneys’ fees and court costs, regarding any Charges owed to Pet Paradise that are not paid when due.
5. If any provision of this Agreement is held to be invalid or unenforceable, the balance of this Agreement will continue in full force and effect, to the fullest extent permitted by law or equity.
6. This Agreement will be governed by the laws of the State of Florida, without any reference to principles of conflicts of laws.
7. Execution and/or delivery of this Agreement by electronic signature, facsimile, electronic mail or other electronic device or means shall constitute good and valid execution and delivery of this Agreement.  An executed facsimile, photocopy or electronic copy of this Agreement will have the same force and effect as the original for all purposes and will be admissible in evidence as the original itself in any judicial or administrative proceeding.

 Definitions and Interpretation.

For purposes of this Agreement:

• “Owner,” “I,” “me,” “my,” “you,” and “your” mean and refer to, the Owner(s) named below, both individually and collectively.
• “Pet Paradise” means American Pet Resort, LLC, a Florida limited liability company, Alabama Crimson Veterinary Services, PC, an Alabama professional corporation, Carolina Blue Veterinary Services, PC, a North Carolina professional corporation and Texas Orange Veterinary Services, PC, a Texas professional corporation, together with their respective past, present and future parents, subsidiaries and affiliates, both individually and collectively.
• “Pet” means, individually and collectively, each pet now or hereafter owned by Owner that receives any Services from and after the date Owner has executed this Agreement.
• “Facility” means any pet boarding daycare, grooming, training or veterinary care facility, clinic or hospital owned, operated or managed by Pet Paradise.
• “Including” or variations of that word shall be deemed to be followed by the words “without limitation.”
• "Or" has, except where otherwise indicated, the inclusive meaning represented by the phrase "and/or."
• Any headings used in this Agreement are for convenience only and shall not affect the construction or interpretation of this Agreement.

ADDITIONAL STATE AND LOCAL LAW PROVISIONS

North Carolina

PURSUANT SUBCHAPTER 52J .0209, NORTH CAROLINA ADMINISTRATIVE CODE, BY SIGNING BELOW, I ACKNOWLEDGE AND AGREE THAT MY PET MAY HAVE CONTACT WITH PETS OF OTHER OWNERS; PROVIDED, HOWEVER, THAT THE FOREGOING CONSENT SHALL NOT PRECLUDE ME FROM REQUESTING THAT MY PET NOT PARTICIPATE IN GROUP PLAY OR OTHER GROUP ACTIVITIES WITH PETS OF OTHER OWNERS.

Texas

PURSUANT TO CHAPTER 824 OF THE TEXAS HEALTH AND SAFETY CODE, YOU ARE HEREBY ADVISED THAT:

1. YOUR PET MAY BE LEFT UNATTENDED AT A FACILITY DURING THE HOURS OF 7:00 PM TO 6:30 AM THE FOLLOWING MORING ON MONDAYS THROUGH FRIDAYS, AND DURING THE HOURS OF 6:00 PM TO 7:00 AM THE FOLLOWING MORNING, ON SATURDAYS AND SUNDAYS.
2. OUR FOLLOWING FACILITIES DO NOT HAVE FIRE PROTECTION SPRINKLER SYSTEMS:

• HOUSTON IAH SOUTH - 14500 JOHN F. KENNEDY BLVD., HOUSTON, TEXAS
• HOUSTON HOBBY – 7511 MONROE RD., HOUSTON, TEXAS
• HOUSTON IAH NORTH – 7117 WILL CLAYTON PKWY, HUMBLE, TEXAS
• LAS COLINAS – 550 PADDOCK WAY, IRVING, TEXAS

BY SIGNING THIS AGREEMENT, YOU CONSENT TO YOUR PET BEING LEFT UNATTENDED AT A FACILITY AS PROVIDED ABOVE, AND SUCH CONSENT SHALL APPLY TO EACH PET LEFT BY YOU AT ANY FACILITY OF PET PARADISE AT ANY TIME ON OR AFTER THE DATE YOU HAVE SIGNED THIS AGREEMENT. 

I HAVE READ THIS AGREEMENT AND UNDERSTAND THAT IT INCLUDES ASSUMPTION OF RISKS, WAIVER AND RELEASE OF CLAIMS, AGREEMENT NOT TO SUE AND INDEMNIFICATION PROVISIONS.  I AM KNOWINGLY  AND VOLUNTARILY ENTERING INTO THIS AGREEMENT.