Terms and Conditions
1. Applicability of Terms and Conditions. This Customer Agreement (the “Agreement”) constitutes a binding legal agreement between Kiwidog LLC, a Pennsylvania limited liability company (hereinafter, “KIWIdogz”), and the Customer (the “Customer”) signing the Agreement. This Agreement applies to (1) all services provided and events sponsored by KIWIdogz, including boarding, daycare, grooming, training and use of the play areas and (2) each and every time you visit KIWIdogz or attend an event sponsored by KIWIdogz facility after the date hereof whether or not you are asked to sign this Agreement at another future time. The Customer has the right to terminate this Agreement with respect to any future visit or participation in KIWIdogz’s events by providing written notice of such termination to KIWIdogz prior to such future visit participation. KIWIdogz reserves the right to refuse service or participation to any person at any time. This Agreement shall supersede any previous communications, agreements, or understandings between KIWIdogz and the Customer.
2. Vaccination and Health Policy. To prevent the spread of disease while pets are at KIWIdogz facility, all pets must be current on Rabies, Bordetella and Distemper vaccinations. It is the Customer’s responsibility to provide proof of vaccination and health history for each pet upon entering the KIWIdogz facility. If the Customer’s pet is male, the Customer certifies to KIWIdogz that such male pet is neutered, defined as having had a surgical procedure to prevent the male pet from being able to impregnate a female pet by removal of both testicles and their associated structures, and if the Customer’s pet is female, the Customer certifies to KIWIdogz that such pet is spayed, defined as having had a surgical procedure to prevent the female pet from being impregnated by removing both the ovaries and the uterus. The Customer further agrees that their pet(s) is/are in good health, defined as not being or having been ill with any communicable disease, parasite, fleas, ticks, or worms within the last thirty (30) days.
3. Acceptance of Risk. Unless the Customer has otherwise instructed to the contrary, the Customer acknowledges and agrees that their pet may encounter and be permitted to interact and play with other pets and with KIWIdogz staff members. The Customer agrees and understands that there are inherent risks when dealing with animals and humans in group situations. Such risks include, but are not limited to, problems associated with rough play, such as bite wounds and scratches, puncture wounds, injuries to paw pads, the aggravation of existing medical conditions, escape, contraction of contagious diseases and/or parasites, tracheobronchitis (kennel cough), stress, loss of appetite, behavioral issues, diarrhea, sprains, fractures, broken bones, insect bites, allergic reactions, weight loss, eye injuries, hot spots, bloat, and in rare instances death. Female pets that are “in season” or “in heat,” defined as when the female pet becomes receptive to mating, also run the risk of unintended pregnancy. The Customer further agrees to pay any medical/veterinary expenses incurred as a result of any injury or illness involving his or her pet and occurring at the KIWIdogz facility. KIWIdogz is under no obligation to immediately notify the Customer of any such illness, injury, or death. Therefore, as consideration of the services rendered by KIWIdogz, the Customer (1) hereby waives and releases KIWIdogz, and its invitees, sponsors, members, managers, advertisers, owners, officers, directors, employees, volunteers, invitees, agents, lessors, and any parties owning, controlling or having any interest in the property where KIWIdogz facility is located, and all other representatives or agents of KIWIdogz (collectively, “KIWIdogz Parties”) from any and all claims, actions, damages or liability for injury, sickness or illness suffered by his or her pet while in the care of KIWIdogz or otherwise relating to the care, control, health and/or safety of the pet arising from pick up, transport, drop off and/or stay at KIWIdogz facilities, except to the extent such illness or injury is the result of KIWIdogz's gross negligence or intentional misconduct, and (2) agrees not to initiate any legal proceedings against KIWIdogz or any KIWIdogz Parties with respect to such released claims.
4. Personal Property. Customer agrees that no KIWIdogz Party shall be responsible or liable for any lost, stolen or damaged personal property belonging either to the Customer or their pet.
5. Photo and Video Release. Customer agrees to allow KIWIdogz to use his or her pet's name and any images, video, or likeness of his or her pet taken while the pet is at KIWIdogz facility, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional materials, without compensating the Customer.
6. Abandoned Pets. Customer understands and agrees that if his or her pet is not picked up within seven (7) calendar days after the scheduled pick up date, the pet shall be deemed to be abandoned and additional boarding charges shall apply, and in such event, KIWIdogz shall gain legal custody and ownership of the pet and retain the right to keep the pet, or place the pet in a shelter or with animal control, or place the pet in a new home with a new owner, with no recourse by the Customer against KIWIdogz or any KIWIdogz Party. CUSTOMER FULLY UNDERSTANDS AND AGREES THAT IF THE CUSTOMER ABANDONS HIS OR HER PET AT KIWIDOGZ FACILITY, CUSTOMER MAY BE UNABLE TO RETRIEVE POSSESSION OF HIS OR HER PET AND WILL HAVE NO RECOURSE AGAINST ANY KIWIDOGZ PARTY.
7. Payment. Unless other arrangements have been agreed upon byKIWIdogz, the Customer shall pay all fees and expenses when picking up his or her pet from KIWIdogz facility. Applicable fees for any services are those in effect on the date a pet arrives at KIWIdogz facility, and not those in effect when the appointment or reservation is made (if earlier). Rates are subject to change without prior notice. If any fees or expenses payable by the customer are not paid within ten (10) days after the due date, KIWIdogz reserves the right to exercise any and all remedies available to it at law or in equity. The Customer agrees to promptly notify KIWIdogz of any change in the scheduled pick up date of his or her pet and agrees to be responsible for and pay any additional charges incurred as a result of a change in a scheduled pick up date.
8. Indemnification and Limitation on Liability. AS CONSIDERATION FOR THE SERVICES RENDERED BY KIWIDOGZ, CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD KIWIDOGZ AND KIWIDOGZ PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND VETERINARY COSTS AND EXPENSES) ARISING FROM OR RESULTING FROM ANY BREACH OF THE REPRESENTATIONS, WARRANTIES OR COVENANTS CONTAINED WITHIN THIS AGREEMENT (INCLUDING ABANDONMENT OF THE PET AT KIWIDOGZ FACILITY), OR OTHERWISE RELATED TO ANY AND ALL ACTS OF BEHAVIOR OF THEIR PET(S), WHICH MAY INCLUDE, WITHOUT LIMITATION, INJURY OR DEATH TO A PET OR ANIMAL AT THE FACILITY OR INJURY OR DEATH TO A STAFF MEMBER OF KIWIDOGZ OR ANY OTHER MEMBER OF THE PUBLIC. IN NO EVENT WILL KIWIDOGZ OR ANY KIWIDOGZ PARTY BE HELD LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBLE EXISTENCE.
9. Other Documents. The terms of this Agreement will govern any other document relating to services to be provided by KIWIdogz.
10. Governing Law. This Agreement shall be deemed to have beenmade and accepted in Delaware County, Pennsylvania, and the laws of the Commonwealth of Pennsylvania shall govern any interpretation or construction of this Agreement. Each party consents to the exclusive jurisdiction and venue of the federal courts sitting in the Eastern District of Pennsylvania and the state courts sitting in Delaware County, Pennsylvania.
11. Severability. If any term, covenant or condition of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder of this Agreement and/or the application of such term, covenant or condition to parties or circumstances other than those to which it has been held to be invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law.
12. Attorneys’ Fees. Customer shall be responsible to reimburse KIWIdogz for all reasonable attorney’s fees and costs incurred by KIWIdogz in connection with efforts to collect amounts due hereunder. Should a suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of the costs of suit, and not as damages, reasonable attorneys’ fees and expenses.