Client Release, Waiver of Liability, Assumption of Risk and Indemnification Agreement

THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE OWNER(S) AND EMPLOYEES OF THE THE BARKING BARLEY, LLC. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ AND UNDERSTAND IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

In consideration for your pet(s) being permitted to come to The Barking Barley and utilize any amenities of The Barking Barley, you agree to all the policies, procedures, release, terms, and conditions set forth below. The following Agreement applies to The Barking Barley, and its employees, owners, agents, and representatives (collectively shall hereinafter be referred to as “BB”).

  1. REQUIREMENTS.

            I understand my pet must be:

  1. FOOD. 

I understand:

  1. PERSONAL PROPERTY.

I understand:

  1. FEES.  You must pay for all services and products by credit card or cash. Payment is due at the time of reservation or use. You give your express permission for BB to charge any credit card you provided for unpaid services or products upon the date services were supposed to have been completed. You further agree to pay any collections costs and the cost of any returned or challenged debit charges.
  2. AGGRESSIVE PETS.

Although BB loves all dogs, in order to come to BB, your pet may not be aggressive and must pass BB’s evaluation process at BB’s sole discretion. Your pet may be separated from other pets or asked not to return to the facility if he/she exhibits aggressive or other unacceptable behavior in BB’s sole discretion.

  1. ABANDONED PETS.

Client may not leave your pet(s) at BB. If a pet(s) is left at BB, your pet will be deemed “Abandoned” at the close of business on the date on entry. If a pet is “Abandoned”, BB will become it’s legal owner and guardian. BB will, in its sole discretion, determine whether to re-home the dog or relinquish it to a shelter or rescue of BB’s choice. Client fully understands and agrees that if you abandon your dog at BB, you may be unable to retrieve possession of your dog and will have no recourse against BB.

  1. DUTY TO DISCLOSE. 

Client must disclose on a continuing basis, any and all medical or other conditions, including but not limited to personality concerns or behavioral incidents that may affect, limit or prevent your pet’s ability to participate at BB. In the event of a material change to the information you provided previously, you must notify BB prior to reentry to the facility.

  1. ACCEPTANCE AND ACKNOWLEDGEMENT OF RISK. 

Client fully understands that there are adherent and potential risks involved with interactions between humans and dogs, as well as between dogs and other dogs, which may result in property damage or bodily injury, including but not limited to, permanent disability, sickness or death to human or dog. There may be other risks not known to you or BB, nor readily foreseeable at this time. (Collectively, “Risks”). You fully accept and assume all risks and responsibility for all risks, including, without limitation, all costs and damages incurred as a result of your pet’s participation at BB, including any veterinarian expenses listed below. “Sickness” includes any illness including but not limited to Bordetella (kennel cough), Bloat, Canine Flu, or any other form of contagious disease. Additionally, you understand the bordetella vaccine will help create immunity against a few strains of kennel cough. However, the vaccine does not prevent your pet from catching kennel cough.

  1. VETERINARY CARE. 
  1. Immunization Records. 

WAIVER RELEASE & INDEMNIFICATION.

You hereby agree to expressly and forever generally waive, discharge claims indemnify, release from liability, save, hold harmless and defend BB, their invitees, owners, officers, directors, employees, contractors, volunteers, agents, representatives, lessors and all others having an interest in any BB party (collectively, the Releases) from and against any and all injury, liability, claims, litigation, actions, suits, losses, damages, attorney’s fees, expenses or demands of every character whatsoever on account of, arising out of, resulting from or relating in any way to (i) any act or omission of the Releases, (ii) your pet’s participation at daycare or any other services. You agree that this Release is binding on you and your successors, heirs, legal representatives, and assigns. You also expressly and forever release BB from any duty to protect you or your pet from injury of any kind, and agree that any implantation of safety precautions by BB will not waive BB’s right to be indemnified as provided hereunder, and such precautions will not alter this release. You agree that this constitutes a complete and unconditional release of all liability of BB to the greatest extent permitted by law, and that if any portion of this agreement is held to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect.

In signing below or checking approval, you acknowledge and agree that you have read, understand, and agree to all the terms and conditions contained in the Agreement above, as they may be amended from time to time. You hereby execute this Agreement for your pet(s), yourself and your heirs, successors, representatives, and assigns. You further attest that if you are not the owner or sole owner of the pet(s) for whom this Agreement applies to, your signature is sufficient to enter into this Agreement for and on behalf of any other owner or representative. You consent to the use of electronic signatures, and agree that a true and correct copy of this document may be produced in lieu of the original Agreement. Should a copy be produced, you agree that it is legally enforceable and does not affect the terms of the Agreement in any way. You acknowledge and agree that your pet(s) will be playing with pet(s) from other families while in the care of BB. No amendments, modifications, or supplements to this Agreement shall be valid unless in writing and signed by both parties.