The Ruff House Terms and Conditions, Rules and Policies, Client Agreement and Release. Terms and Conditions

Transcription

1 The Ruff House Terms and Conditions, Rules and Policies, Client Agreement and Release Terms and Conditions 1) ACCEPTANCE. The proposal embodied by this document and any writings incorporated by reference (collectively, the Agreement ) may be accepted by any definite and seasonable expression of acceptance. Acceptance is limited to the terms and conditions of the Agreement; no additional or different terms or conditions contained in any acceptance shall become part of the contract formed as a result of such acceptance. This Agreement may not be modified except by written agreement signed by a duly authorized representative of The Ruff House. Any provision of another document which is inconsistent with the foregoing shall be of no force and effect. 2) FORCE MAJEURE. The Ruff House shall not be liable for any failure of any performance under this Agreement if such failure is occasioned by war, labor shortage, materials shortage, fire, flood, or by any act of God, or by any other cause beyond the control of The Ruff House. Time is not of the essence with respect to The Ruff House's performance here under. 3) PAYMENT AND TERMS. At the time of pick up, Owner agrees to pay the pet care service rate in effect on the date pet is checked into The Ruff House. Time is of the essence with respect to payment. Prices set forth by Ruff House are subject to change without notice and seasonal/peak period rates may apply. Charges begin on the day Owner leaves pet with The Ruff House. Owner acknowledges and agrees that Owner is liable for all charges incurred during pet s stay and The Ruff House reserves the right to collect any unpaid balance. The Ruff House shall have, and is hereby granted, a lien on Owner s pet for any and all unpaid charges resulting from services provided by The Ruff House. Discounted packages are non-refundable and expire 180 days from purchase. An administrative fee of $50.00 will be charged for returned checks or debit problems, such as non-sufficient funds, closed accounts, frozen or declined credit or similar circumstances. Accounts past due shall be charged a late fee at a rate of 1.0% per month or the maximum amount permitted by law, from the date of service. To the extent permitted by applicable law, Owner shall be liable to The Ruff House for all costs of collection, including but not limited to actual reasonable attorney fees, incurred by The Ruff House in connection with actions or efforts to collect any balance owed by Owner. 4) CREDIT CARD AUTHORIZATION. Owner hereby authorizes The Ruff House to maintain Owner s credit card information on file and charge for 1) any and all requested services performed for Owner s pet(s), 2) in the event Owner does not return to claim Owner s pet on the scheduled pick up date, 3) to secure a service reservation with a deposit, 4) if Owner fails to give proper cancellation notice or fails to make proper payment at the time of pick up. Owner also agrees that this card can be used for bank fees in the event that a check is returned for any reason. All charges are final when made. 5) LIMITATION OF WARRANTY. The Ruff House shall not be liable to Owner or anyone claiming by, through, or under Owner for any error of judgment or mistake of law or for any loss, except a loss resulting from willful malfeasance, bad faith or gross negligence on the part of The Ruff House. THE RUFF HOUSE MAKES NO ADDITIONAL WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HERE UNDER. ANY IMPLIED WARRANTY OF MERCHANT-ABILITY, AND 1 P a g e

2 ANY IMPLIED WARRANTY THAT THE GOODS OR SERVICES ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6) LIMITATION OF LIABILITY. Notwithstanding any other provision, the total liability, in the aggregate, of The Ruff House and The Ruff House s officers, directors, employees, and agents to Owner for any and all claims, losses costs or damages whatsoever arising out of, resulting from or in any way related to the goods or services provided by The Ruff House shall not exceed the amounts actually received by Ruff House from Owner. Notwithstanding any other provision, The Ruff House and The Ruff House s officers, directors, employees, and agents shall not be liable to Owner for any special, incidental, indirect or consequential damages whatsoever. 7) EXCLUSIVE REMEDY. Owner s sole and exclusive remedy for breach of any warranty here under shall be the repair or replacement of any defective goods or services, at The Ruff House s expense. The Ruff House shall have no liability under the foregoing warranty unless Owner, at its expense, has provided The Ruff House a clear written statement describing the alleged defect, its consequences and, if applicable, returned the allegedly defective product to Ruff House. 8) GOVERNING LAW; JURISDICTION. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Wisconsin, exclusive of Wisconsin s conflict of laws provisions. Any and all claims, questions or disputes regarding the interpretation performance and enforce ability of this Agreement, the rights and remedies of the parties here under, and all related actions of counterclaims shall be initiated and or prosecuted exclusively in Outagamie County Circuit Court, Appleton, Wisconsin. The parties further agree to submit to the jurisdiction of said courts. 9) ENTIRE AGREEMENT. This Agreement is the entire agreement between the parties with respect to the transaction or series of transactions contemplated herein and supersedes all previous written or oral negotiations, commitments and writings. No promises, agreements, representations or warranties with respect to said transaction(s) have been made by any of the parties except as set forth herein. 10) BINDING EFFECT. This Agreement shall bind and benefit the parties and their respective personal and legal representatives, heirs, successors and permitted assigns. 11) AUTHORITY. Each party warrants to the other party that is has the authority to enter into this Agreement and that all necessary approvals have been or will be obtained. 12) INDEPENDENT CONTRACTOR. Each party acknowledges that it is an independent contractor and is neither an agent, partner, joint venture, nor employee of the other party. A party shall have no authority to bind or otherwise obligate the other party in any manner nor shall a party represent to anyone that it has a right to do so. 13) WAIVER. The failure of either party to insist on strict performance of this Agreement by the other, according to the terms and understanding herein set forth, shall not be construed as a waiver of the right to insist on such performance and no waiver by either party of any breach by the other of any provisions hereof shall be deemed a waiver of any other prior or subsequent breach. 14) SEVER-ABILITY. Each provision of this Agreement shall be considered sever-able, and if for any reason any provision or provisions of this Agreement are determined to be invalid and contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions of this Agreement that are valid, or the application of such provisions in situations in which they are not invalid. 2 P a g e

3 Rules and Policies 1. LOBBY HOURS. Monday Friday: 6:00 am 6:00 pm; Saturday 8:00 am 6:00 pm; Sundays 10:00 am-6:00 pm. Closed holidays. 2. ENROLLMENT. Participation in services is only considered if a complete application has been submitted at least 24 hours prior to the pets first date of requested services. To maintain accurate and current records The Ruff House requires the submittal of a new Enrollment Form and signed Agreement and Client Release if The Ruff House has not seen a pet in six (6) months. Complete applications include: a. Signed Agreement and Client Release b. Proof of required current vaccination from a Veterinarians office. 3. VACCINATIONS. All pets must be up to date on vaccinations. The Ruff House requires a copy of official records of vaccinations from a licensed veterinarian prior to the first date of requested services. The following is required after the initial series of puppy vaccinations. a. Rabies, Distemper, Bordetella, Leptospirosis i. Bordetella which helps protect against certain strains of Canine Cough is recommended every six (6) months and required annually. 4. PREVENTATIVE. Flea and tick preventative and heartworm prevention is required year round. Flea and tick collars are not allowed. Treatment will be applied and a minimum $30 fee will be charged to the owner if any pet is found to have fleas or ticks. 5. HEALTH. All pets must be healthy and free of any communicable diseases and/or parasites. All pets must be in your home away from the breeder or shelter for a minimum of two weeks prior to entering The Ruff House. Special care packages are provided and required at an additional expense for geriatric pets or pets on medications. Pets on injectable medications, diabetic pets, or pets carrying a contagious virus or exhibiting signs of illness and/or parasites will not be accepted. Pets who have been ill with a communicable condition in the last 30 days will require veterinarian certification of health to be admitted or readmitted. 6. MEDICATIONS. Oral and topical medications can be administered for an additional fee. Medications must be provided in their original prescription containers clearly labeled with the pets name, medication name accompanied with written administration instructions. The Ruff House considers vitamins and supplements to be medications. 7. BEHAVIOR CONCERNS. The Ruff House reserves the right to refuse or reject service to any pet that might be a safety hazard to itself, other pets, or staff members. The Ruff House does not accept pets that have a history of separation anxiety, aggression, antisocial, toy or people possessiveness, or those belonging to a bully breed. Pets exhibiting any of the above signs while in our care may be isolated for the duration of its stay and may be subject to additional fees. 8. AGE. Pets must be at least twelve (12) weeks or older to receive services. Pets participating in group play must be spayed/neutered by the age of seven (7) months. 9. DESTRUCTIVE PETS. Owners will be held financially responsible for destruction of Ruff House property over and above normal wear and tear. 3 P a g e

4 10. PERSONAL ITEMS. The Ruff House is not responsible for any loss or damages caused to any personal items. 11. IDENTIFICATION. a. Collars: Quick release or snap buckle collars with attached name tags are required for all pets. Chain, buckle and prong collars are not allowed. A rental collar will be provided at an additional daily fee for any pet without the proper collar. b. Leashes: All pets are required to be leashed when entering/exiting the building. Please refrain from petting/touching pets belonging to other families. 12. NAILS. Pet s nails must be kept short and trimmed. If nails are found to be unreasonably sharp or long they will be trimmed at the owners expense. 13. FOOD. For the digestive health of each pet The Ruff House recommends that they remain on their diet from home. All food brought to The Ruff House must be pre-measured by meals into individual meal bags or small plastic containers marked with your pet s first name. A meal fee will be charged per day if adequate food is not provided for a pets stay and/or meals are not pre-measured into individual servings. 14. TREATS. The Ruff House offers delicious and healthy treats for all pets at an additional fee. Treats sent from home must be clearly labeled with pets name and may be subject to an additional handling fee if given during a time other than routine meal times. 15. PHOTOGRAPHS/VIDEO. Owner acknowledges that all photos and video of their pet taken while at The Ruff House become property thereof. Owner acknowledges and authorizes The Ruff House to use photos of their pet in any legal manner without expectation of compensation. 16. RETAIL. All sales are final unless product is covered under a manufacturer warranty. 17. ABANDONED PETS. Pets failing to check out five (5) days after their scheduled departure date without prior arrangements will be considered abandoned. Abandoned pets will be taken to a local shelter. The Ruff House is not responsible for the care of abandoned pets once at the shelter. Any unpaid balances will be owed to The Ruff House and collected through legal means, if necessary. 18. GROOMING. a. Grooming prices are estimates only and may vary according to: the condition of the pet when brought to The Ruff House, special handling requirements/requests, de-matting, special bathing requests. b. Grooming is accommodated on a reservation only basis. Keep in mind our grooming schedule is often booked days in advance. If a pet is unable to attend a grooming appointment a 24 hour cancellation notice is required so we may fill the time space with another family. i. If a 24 hour cancellation notice is not received and The Ruff House cannot fill the space with another family a minimum cancellation fee of $42 will be charged to the owner s credit card on file and deposits will be required for future appointments. c. If a pet is 10 minutes late for their scheduled grooming appointment they risk losing their appointment without notice. 4 P a g e

5 d. A no-show fee will be assessed to the owner s credit card on file for all pets missing a scheduled appointment. e. Pets are allowed to remain at The Ruff House for up to 120 minutes, in addition to actual grooming time, without additional fees starting at $ DAYCARE/GROUP PLAY. a. Advanced reservations for Daycare are required. Please make reservations in person, via phone or on our website. Walk-ins will be accommodated on a space available basis. b. Dogs should have eaten breakfast at least one hour prior to arriving for daycare. This precaution is to help prevent bloat. c. An additional fee of $1.50 will be charged for all daycare dogs requiring a mid-day meal. d. Dogs are divided daily into multiple play groups by size, age and temperament. We reserve the right to include or exclude specific dogs based on temperament, activity level or stress level. e. Daycare reservations are accommodated by Full Day or Half Day play sessions. A half day of daycare is five hours or less. All dogs participating in daycare must be checked in by 1:00 pm on the day of play. f. All prepaid daycare packages expire between 45 and 180 days from the purchase date depending on the quantity of days pre-purchased. Packages are non-transferable and non-refundable. g. All pets must be picked up by the close of the business day. All pets participating in daycare not picked up by business closing will remain in the custody of The Ruff House and will be eligible for pick up the following day during normal business hours. A minimum $20 late and/or overnight fees will be assessed at the owner s expense. 20. OVERNIGHTS. a. DEPOSIT. Overnight reservations during peak times and holidays may require a deposit during the time of booking. A valid credit card is required when booking an overnight reservation and will be used according to the Ruff House cancellation fee schedule. All balances on client accounts must be paid in full prior to reservation confirmation. b. CANCELLATION FEES. i. Notification of a cancellation must be provided seven (7) days prior to check-in. Reservations not cancelled by the aforementioned time will be charged in full to the credit card on file. ii. The cancellation policy will still apply if any required vaccinations are out of date and affect the requested reservation. c. CHANGES IN RESERVATIONS. i. Pets are welcome to stay longer then their original reservation. Owners are responsible for all additional overnight and activity fees at the time of check out. 5 P a g e

6 ii. A minimum of 48 hours notice is required for pets checking out earlier then their original departure date. Seven (7) days notice is required for reservations over Holidays or peak periods. Early departures without proper notice will be charged in full for the original reservation. d. HOLIDAYS/PEAK TIME. There is an additional $4 fee assessed per pet per day for holiday and peak time reservations. For a current schedule of holiday and peak times please contact a reservation specialist. e. ACTIVITIES. The Ruff House understands that the needs of each pet and family are different. We believe that an active pet enjoys a multitude of health benefits and returns home happier. Some of the popular activities we offer are, daycare, ice cream socials, cuddle time, and story time. The Ruff House can accommodate almost any special request, please speak with a reservation specialist to customize your pet s vacation. Activities and overnight fees are priced per pet per day. Pre-paid daycare packages can NOT be used on overnight stays. f. FEES. Overnight fees are charged per pet, per night, and do not include daycare on the day of departure past 12:00 pm. g CHECK IN. Pets may check in any time during normal business hours. Early check in and late check out requests will not be accommodated. h. CHECK OUT. Pet may check out any time during normal business hours. However, it is strictly enforced that pets not picked up by 12:00 pm will be charged additional fees. The Ruff House reserves the right to change or modify the rules and polices at any time without notice. 6 P a g e

7 Client Agreement and Release I am contracting Ruff Resorts, Inc. (a.k.a. The Ruff House ) to provide ongoing services for my pet(s). This agreement remains in force indefinitely or until replaced by a more current one. I certify that I have read, understand and hereby accept on my own behalf, and on behalf of my agents, representatives, relatives, successors, and assigns to be bound by the Terms and Conditions of this agreement, specifically including those set forth in The Ruff House Terms and Conditions and The Ruff House Rules and Policies. I, the undersigned, understand that, despite the best efforts of Ruff Resorts, Inc. to maintain the safety of every dog and human at The Ruff House facilities, there are certain risks involved in dog daycare, overnight care and grooming services. These risks include but are not limited to my dog contracting fleas, kennel cough or some other communicable illness. I voluntarily accept these risks, and release The Ruff House and its employees, independent contractors, owners and assigns from any and all claims arising out of injury or damage in any way related to or resulting from my association with The Ruff House including but not limited to claims of injuries to my dog, myself or anyone I send to pick up or drop off my dog, or to any property that belongs to me. I understand and agree that dogs can be unpredictable and that if my dog becomes injured while at The Ruff House I may be responsible for my dog s veterinary bills and any other costs incurred due to the injury. I understand and agree that this release applies to future unknown or unsuspected claims. I represent that my dog is currently, and each time my pet attends The Ruff House, in good health and has not had any communicable illness or parasite of any kind for two weeks prior to attending The Ruff House. I will wait ten days before bringing my dog to The Ruff House after any dog kennel overnight, daycare, or grooming visit other than at The Ruff House. I grant The Ruff House and/or its agent s full power of decision concerning the care and well being of my pet(s). Should any medical emergency arise The Ruff House will make every reasonable attempt to contact you to arrange care and/or make medical decisions. It is further agreed that The Ruff House and/or its agents can and will make any needed decision concerning transportation, medical treatment and choice of care giver if necessary and I may be responsible for reimbursing all such costs to The Ruff House. I have read and understand The Ruff House s cancellation policy, including the holiday and peak time policy. I have read and understand The Ruff House s vaccination policy. I represent that my dog does not have a history of aggressive behavior towards other dogs or humans. I warrant that I am at least eighteen (18) years of age and that I have the full, complete and unrestricted right and authority to enter into this release and make decisions on behalf of my pet. 7 P a g e