NOTICE TO THE PET OWNER: PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE DOG POOL CLUB LLC (REFERRED TO IN THIS AGREEMENT AS “DOG POOL CLUB”), AND RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY AND UNDERSTAND ITS EFFECT, POLICIES, PROCEDURES, PET RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENTS.
In consideration for my pet(s), myself, family and my guests being permitted to be guests at Dog Pool Club, by signing this document, I, Owner, make the following representations, certify the accuracy of all information provided to Dog Pool Club at any time, and agree to all the following policies, procedures, terms and conditions stated below in this Dog Pool Club Services Agreement.
Policies, Procedures, Terms and Conditions
1. Owner. I represent that I am the owner of my pet referred to below / or the parent and legal guardian of my minor child who is the owner of my pet referred to below. If my minor child owns the Pet, I represent and warrant that I have full care and control of the Pet and enter into this Agreement as a direct obligation on my part as well as on behalf of such child (and such pet is referred to herein as my pet). I am fully authorized to enter this agreement.
2. Refusal of Service. I understand Dog Pool Club reserves the right to deny admittance to any pet or person for any reason, at any time.
3. Pet Requirements: I represent that my pet meets all of the following requirements: (1) is four months of age or older, (2) must be spayed or neutered if older than six months, (3) is current on his/her required vaccinations, (4) is on a monthly flea and tick preventative medication, (5) has been in good health for the last 30 days prior to check-in, (6) my pet is not aggressive or toy protective, (7) I have completed the Dog Profile, (8) my dog will enter and exit the Dog Pool Club facility on a leash.
4. Health. I represent that my pet has not had any contagious illnesses of any kind for 30 days prior to check-in. I am aware and understand that Dog Pool Club employees are not veterinarians and do not have backgrounds in animal medicine. Dog Pool Club employees cannot diagnose or detect illnesses in the pets that are guests at Dog Pool Club. I agree to assume all risk associated with the administration of medication by Dog Pool Club during my pet’s daycare stay. In addition, I acknowledge and am aware that vaccines do not protect against all contagious illnesses that may affect my pet. I HEREBY AGREE TO INDEMNIFY DOG POOL CLUB, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY CLAIMS MADE AGAINST DOG POOL CLUB, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS AS A RESULT OF MY FAILURE TO INFORM DOG POOL CLUB OF ANY PRE-EXISTING MEDICAL CONDITIONS THAT MY PET MAY HAVE.
5. Flea and Ticks. I agree that if any fleas or ticks are discovered on my pet during check-in or at any other time while my pet is at Dog Pool Club, that Dog Pool Club may administer a flea bath and flea spot treatment at my expense.
6. Veterinarian Care. I agree to allow Dog Pool Club to obtain veterinarian medical treatment for my pet, if, in its sole discretion, it appears that the pet is ill, injured, or exhibits any other behavior that would reasonably suggest that my pet might need urgent medical treatment. We will make every attempt to contact you with the numbers you provide us. Medical treatment may require transportation of my pet to receive care and I hereby authorize such transportation. I grant Dog Pool Club full authority to make decisions involving the medical treatment of my pet during its stay at Dog Pool Club. I agree that I am fully responsible for the cost of any such medical treatment and transportation.
7. Veterinarian Liability: I agree that I am assuming all risk of illness, disease, harm or otherwise to my pet by allowing my pet to participate in services at Dog Pool Club. Furthermore, I agree that I am assuming all risk of the consequences associated with any decisions made by Dog Pool Club, relating to the medical care and transportation of my pet. I agree to be solely financially responsible for any and all veterinarian care of my pet while in the care of Dog Pool Club, or as a result from time spent at Dog Pool Club. IN ADDITION, I AGREE THAT IF MY PET IS INJURED BY ANOTHER PET, I HEREBY RELEASE DOG POOL CLUB, ITS OWNERS, EMPLOYEES, AND AGENTS FROM ALL LIABILITY AND FINANCIAL RESPONSIBILITY FOR SUCH INJURY. I FURTHER UNDERSTAND THAT IF MY PET BITES A HUMAN OR PET, THAT DOG POOL CLUB MAY CONTACT THE APPROPRIATE AUTHORITIES.
8. Transportation. I agree that if my pet is transported to or from Dog Pool Club by Dog Pool Club, its employees or agents that I AGREE TO HOLD DOG POOL CLUB, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HARMLESS IN THE EVENT OF INJURY OR ACCIDENT DURING TRANSPORTATION.
9. Dog Daycare. I understand that Dog Pool Club is a cage-free facility utilizing playgroups where multiple dogs interact. I understand that dogs play with their mouth and paws, which can result in cuts, nicks and scratches on my pet. While Dog Pool Club endeavors to provides reasonable care and supervision in the playgroups, I understand and agree that Dog Pool Club employees may not notice these cuts, nicks or scratches before my pet’s departure and, therefore, I might not be notified.
10. Aggressive Dogs. I certify that my dog is not aggressive and I understand that aggressive dogs are not permitted to participate in services at Dog Pool Club. If my dog acts aggressively or exhibits unacceptable behavior, he/she may be separated from the other dogs. I authorize Dog Pool Club to use squirt bottles, citronella spray, and in extreme cases, muzzles to control my pet for the protection of other pet guests and humans.
11. Abandonment Notice. I fully understand and agree that if my pet is not picked up by myself or an authorized representative within 14 calendar days after the day my pet is scheduled to depart, my pet shall be deemed “abandoned” in accordance with California Civil Code 1834.5 and any successor statute, Dog Pool Club may undertake any and all action provided for in such statute, and I FULLY UNDERSTAND AND AGREE THAT IF I ABANDON MY PET AT DOG POOL CLUB, I MAY BE UNABLE TO RETRIEVE MY PET AND WILL HAVE NO RECOURSE AGAINST DOG POOL CLUB. In addition, I understand that I will still be responsible for the unpaid charges incurred for my pet’s stay.
12. Photo and Video Release. I agree to allow Dog Pool Club to use my pet’s name and any images or videos taken while he/she is a guest of Dog Pool Club, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional materials.
13. Personal Property. I agree that Dog Pool Club shall not be responsible or liable for any lost, stolen, or damaged personal property belonging either to my dog or me. I also understand and agree that my dog’s collar will be removed in the play area to prevent injury. This includes flea collars.
14. GPS Collars. We strongly recommend that GPS collars are removed prior to entering the facility. Due to playing and exercising, GPS collars may fall off on the premises. Dog Pool Club is not liable for lost property, including GPS collars.
15. Service Fees. I agree to pay for all fees, services, and products with a credit card, cash, or check at the time of my pet’s pickup from each visit at Dog Pool Club. I give express permission to Dog Pool Club to charge any of the credit card numbers provided on my Pet’s Application for any unpaid fees, services, or products. I further agree to pay the cost of any check or debit charges returned or challenged for any reason.
16. Reservations. I understand that confirmed reservations are required for daycare services at Dog Pool Club. Reservations might be required for other services like pool and park access in the sole discretion of Dog Pool Club in order to provide a safe environment for all guests.
17. Cancellations. Subscriptions: Please notify us if you would like to discontinue your club membership before your next renewal date. Daycare policy: I understand that all confirmed reservations must be cancelled at least three 24 hours prior to my pet’s reserved arrival date. I further understand that a cancellation made within 24 hours of my pet’s arrival date or a no-show will result in my credit card on file being charged $45.
18. Daycare Check-in & Check-out. Check-in time is from 9:00 AM. Latest Check-out is 8:00 PM. Any pickup after 8:00 PM will incur a $1 per minute extra fee. I understand not picking up my pet before 09:00 PM will incur a $500 fee per day and that Dog Pool Club may be closed for the evening at such time. Dog Pool Club DOES NOT provide overnight boarding. I authorize Dog Pool Club to place my pet in a crate and leave my pet unattended overnight if I fail to pick up my pet by 09:00 PM. IN ADDITION, I AGREE THAT IF MY PET IS INJURED BY ANOTHER PET, I HEREBY RELEASE DOG POOL CLUB, ITS OWNERS, EMPLOYEES, AND AGENTS FROM ALL LIABILITY AND FINANCIAL RESPONSIBILITY FOR SUCH INJURY. I FURTHER UNDERSTAND THAT IF MY PET BITES A HUMAN OR PET, THAT DOG POOL CLUB MAY CONTACT THE APPROPRIATE AUTHORITIES. To ensure the safety of your dog, owners must provide written authorization for anyone else picking up their dog. The pickup person must present a photo ID prior to your dog being released. If you would like your dog fed during the day, please bring their food in a container labeled with their name and feeding instructions.
19. Refunds. Dog Pool Club will gladly accept returns of new merchandise with packaging purchased from our store within 30 days of purchase with proof of receipt. However, bowls, beds, and bedding cannot be returned and are final sale. Credit and debit card purchases will be credited to the same card within 3-5 business days. Cash purchases will be refunded in cash. No receipt? We're happy to issue an exchange or store credit at the lowest retail price in the last 60 days.
20. Club Rules. I acknowledge that I have received and reviewed a copy of Dog Pool Club’s “Club Rules.” I HEREBY AGREE TO BE FULLY BOUND BY ALL THE TERMS AND CONDITIONS OF DOG POOL CLUB’s “CLUB RULES.” You can find a copy of the Club Rules online at https://www.DogPoolClub.com/rules. I hereby understand that these rules are subject to change without notice. Check https://www.DogPoolClub.com/rules for the most current agreements, or contact our front desk.
21. Pool. Do not feed your dog 3 hours before and one hour after swimming. Ensure that the dog has emptied its bowels prior to arriving. You must monitor your dog at all times. No humans allowed inside the pool - there is no lifeguard on premise. No kids allowed on the pool deck. No glass, alcohol, food or drinks allowed near the pool. Make sure your dog is brushed and clean before entering the pool. We are not responsible for ear infections or possible damage to their coats from pool chemicals. We recommend washing your dog after swimming and drying your dog’s ears. A surcharge of $75 will be made for dogs that defecate in the pool.
22. Duty to Disclose. I represent that I have disclosed and shall continue to disclose, any and all medical conditions or any other conditions, including, but not limited to, personality concerns or behaviors that may affect, limit, or prevent my pet’s ability to participate in services provided by Dog Pool Club. I understand that Dog Pool Club is relying on and will rely on those representations to provide a safe environment for both humans and animals.
23. Arbitration. I agree that any controversy or claim arising out of, or relating to this contract, or breach thereof, or as the result of any claim or controversy including the alleged wrongdoing by any party to this contract, shall be settled by binding arbitration in accordance with Judicial Arbitration and Mediation Services, Inc., San Jose Office (or any successor organization) (herein referred to as “JAMS”) with a request for the appointment of one impartial arbitrator from JAMS, who shall be a retired judge of Santa Clara county and who shall be selected as follows. The arbitrator shall be selected by JAMS from a panel of five arbitrators, two of which may be objected to by each party, in which event such objected to arbitrators shall not act as the arbitrator hereunder. Any arbitrator not objected to by either party may serve as the arbitrator hereunder. Notwithstanding the foregoing, the parties may mutually agree upon a single arbitrator. The arbitration hearing is to be held at the JAMS offices in San Jose, California. Each party to the arbitration shall pay its pro rata share of the fees and expenses of the arbitrator appointed by JAMS, plus its pro rata share of all other expenses of the proceeding (other than the fees and disbursements of attorneys or witnesses for each party). All such fees and costs together with attorneys' fees and costs, including expert witness costs of the parties and attorneys' fees and costs incurred in enforcing any judgment, may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. A demand for arbitration shall be made, if at all, prior to the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations or such earlier date as set forth in this Agreement. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is prohibited by the terms of this Agreement. The arbitrator shall have the power to grant legal and equitable remedies but shall not have the power to award any consequential, special, or punitive damages. I further agree that judgment upon award rendered by an arbitrator may be entered in any Court having jurisdiction thereof and the arbitrator shall, as part of his award to the prevailing party.
24. WAIVER, RELEASE AND INDEMNIFICATION. IN ADDITION TO ALL OTHER RELEASES AND INDEMNITIES SET FORTH IN THIS AGREEMENT, I RELEASE, WAIVE, DISCHARGE, INDEMNIFY AND AGREE TO HOLD DOG POOL CLUB, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS HARMLESS FOR ANY AND ALL MANNER OF DAMAGES, INJURY, CLAIMS, LOSS, LIABILITIES, COSTS OR EXPENSES, ATTORNEY’S FEES, CAUSES OF ACTION OR SUIT, WHATSOEVER IN LAW OR EQUITY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES PROVIDED BY DOG POOL CLUB, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS OR AGENTS; THE CONDITION OF THE DOG POOL CLUB PREMISES; THE ACTS OR OMISSIONS OF DOG POOL CLUB, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS OR AGENTS; ANY ACT OR OMISSION ON THE PART OF ANY OTHER PET OWNER OR PET AT OR ABOUT THE DOG POOL CLUB PREMISES; AND/OR AND OTHER FACT OR CIRCUMSTANCE RELATED TO THIS AGREEMENT; INCLUDING WITHOUT LIMITATION: (1) ANY INACCURACY IN ANY STATEMENT MADE BY MYSELF OR INFORMATION PROVIDED BY ME TO DOG POOL CLUB, (2) MY PET, INCLUDING BUT NOT LIMITED TO DESTRUCTION OF PROPERTY, DOG BITES, INJURY, AND TRANSMISSION OF DISEASE, AND (3) ANY ACT OR OMISSION BY MYSELF AND/OR MY FAMILY MEMBERS, OR GUESTS.
Waiver of California Civil Code Section 1542
The releases set forth in this Agreement, shall be effective as a full and final accord and satisfaction, and as a bar to all actions, causes of action, and obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of whatsoever nature, character, or kind, known or unknown, suspected or unsuspected regardless of California Civil Code Section 1952 which reads:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I have read and understand this provision and expressly waive Section 1542 and any benefit which they may otherwise have derived from it.
Signature of Owner/Parent
25. Indemnity. I hereby agree to defend and indemnity Dog Pool Club, its owners, directors, officers, employees, volunteers and agents from and against all claims and liabilities asserted by any third party, including but not limited to my minor, my adult children, and/or my/their guests in any way related to the services provided by Dog Pool Club, its owners, directors, officers, employees, volunteers or agents; the condition of the Dog Pool Club premises; the acts or omissions of Dog Pool Club, its owners, directors, officers, employees, volunteers or agents; any act or omission on the part of any other pet owner or pet at or about the Dog Pool Club premises; and/or and other fact or circumstance related to this Agreement.
26. Sole Agreement. This writing represents the sole agreement between Dog Pool Club and myself.
(a) Neutral Interpretation. The terms and conditions of this Agreement shall be interpreted neutrally as to each party, regardless of which party or party's counsel drafted the terms of this Agreement.
(b) Counterparts. This Agreement may be executed in multiple counterparts, the signature pages of which, taken together, shall constitute one agreement or duplicate originals of one agreement.
(c) Electronic Signatures. Faxed, e-mailed, photocopied, and/or other electronic signatures hereon shall be deemed originals for all purposes.
(d) Attorney Fees. If any party to this Agreement involuntarily becomes involved in any litigation or other proceeding concerning the enforcement or interpretation of this Agreement, by reason of any act or omission of any other party to this Agreement or its authorized representatives, and not as a result of any act or omission of the party that becomes involved in such litigation or any act or omission of its authorized representatives, the party hereto that causes any other party hereto to become involved in such litigation or other proceeding shall be liable for such party's reasonable attorneys' fees and court costs actually incurred in such litigation or other proceeding.
(e) Time of Essence. Time is of the essence of each provision of this Agreement.
(f) Consent of Parties. Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval.
(g) Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns.
(h) Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
(i) Integrated Agreement; Modification. This instrument contains the entire agreement of the parties and cannot be amended or modified except by a written Agreement, executed by each of the parties hereto.
(j) Waiver. No consent or waiver, express or implied, by either party to this Contract or of any breach or default by the other in the performance of any obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default by such party hereunder. Failure on the part of any party hereto to complain of any act or failure to act of the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder.
(k) Severability. The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal.
26. Affirmation. Each time I bring my pet into Dog Pool Club, I am re-affirming the terms of this agreement, including updated claims and releases, and the truthfulness and accuracy of all the statements I have made in this agreement.
I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT AND UNDERSTAND THAT I WILL GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO DOG POOL CLUB LLC, ITS OWNERS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS TO THE GREATEST EXTENT PERMITTED BY LAW. I FURTHER AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
Date: June 4, 2020