Terms and Conditions
TERMS AND CONDITIONS AGREEMENT
THIS DOG SERVICES AGREEMENT is made as of the 1st day that the owner first makes reservations and will remain in effect throughout the relationship between the dogs owner and between D&B Services, LLC, a for-profit corporation incorporated under the laws of the state of South Carolina (“D&B Services LLC”) Doing Business As: Miracle Paws and the dog owner known as (“Client” or “Owner”).
WHEREAS, Miracle Paws provides pet services such as daycare, boarding and obedience training for pet owners.
WHEREAS, Client has successfully completed the application process to obtain pet services from Miracle Paws and once this form has been received and accepted, these terms and conditions will be in effect until Miracle Paws or the client terminates the agreement.
WHEREAS, Client is aware that Miracle Paws Org is a non-profit organization that trains dogs to be working service dogs for people with disabilites.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which as consideration are hereby acknowledged, Miracle Paws and Client covenant and agree as follows:
This Agreement and the Supplements referred to apply to all visits by your Dog to D&B Services, LLC/Camp Miracle Paws. Unless specified, the terms of this Agreement cover D&B Services, LLC/Camp Miracle Paws.
1. D&B Services, LLC is doing business as Camp Miracle Paws and Miracle Paws. D&B Services, LLC is a for-profit entity that provides pet services that includes daycare, boarding and obedience training. Miracle Paws Org is a seperate non-profit organization that trains service Dogs for people with disabilites and accepts donations.
2. Miracle Paws will be referenced throughout these terms and conditions for pet services.
3. Payment for Services: Fees are to be paid by cash, check or money order prior to or upon drop off of your Dog. Check out time is by noon on the scheduled Departure Date and if additional camp and or daycare charges will be due for late checkouts after noon. Fees are to be paid prior to us providing any services by going to our website’s donation page where you can enter your credit card information. We also accept checks that can be provided to us at the time of arrival. If you do not pay your bill in full before check-in, Miracle Paws is not able to accept your Dog at the time of check-in. You understand that if your bank indicates that your checking account does not have sufficient funds to pay for our services that you will remain liable for all Charges incurred during your Dog’s stay, and Miracle Paws reserves the right to request any unpaid balance.
4. Reservations. Reservations are accepted but not guaranteed without verification of Miracle Paws’ requirements.
5. Cancellations. If you need to cancel your reservation, please do so at least two (2) days prior to your arrival date. Miracle Paws reserves the right to charge late cancellation fees.
6. Your Agent. You must provide an adult, over the age of 18, as your Agent. Your Agent must also be someone other than the primary Dog Parent(s) and should not be someone traveling with you if you areleaving town. If we cannot reach you, you authorize us to contact your Agent. You agree that your Agent shall have your full and complete authority to make any and all decisions including those relatedto the health of your Dog and the expenditure of funds for or on behalf of you and your Dog.
7. Emergencies. In an emergency or natural disaster every effort will be made to contact you or your Agent to retrieve your Dog. You agree that Miracle Paws, at its sole discretion, is authorized to transport and/or to make temporary alternative arrangements to house and care for your Dog until you or your Agent can retrieve the Dog. You understand it may not always be possible to safely evacuate your Dog.
8. Check-In and Checkout. Miracle Paws is open for check-in and checkout as agreed at the time your reservation is confirmed. We may require government issued identification before releasing the Dog(s) as we want to be sure we only release your Dog(s) to you, your Agent or such other individual(s) designated by you in writing as authorized to pick up your Dog.
9. Pet Health and Behavior. We reserve the right to refuse to accept a Dog at check-in for any reason, including without limit, if it appears to us the Dog is sick, injured, or in pain, the coat is matted or that its behavior could jeopardize the health or safety of other Dogs or our staff. No Dog can stay with us unless the Dog is healthy and we have confirmation from a licensed veterinarian or approved designee that the Dog has received all vaccinations required by Miracle Paws. If at any time your Dog is found to have fleas or ticks, the Dog will need to be picked up. Make sure your Dog has been on a flea and tick preventative for at least thirty (30) days prior to boarding. We may accept some older Dogs and we may administer routine medication for chronic non-contagious conditions, but we are not equipped to care for acutely sick Dogs or aggressive or biting Dogs. We have no control over nature and if your Dog passes during our care, Miracle Paws will not be held responsible. You represent that to the best of your knowledge your Dog has not been exposed to rabies, distemper, or parvovirus within 30 days prior to beginning its stay with us. If your Dog has been treated for a contagious illness, we cannot accept your Dog for at least two (2) weeks after treatment has been completed and a statement of health is obtained from a licensed veterinarian. You acknowledge that we may contact appropriate authorities if your Dog bites another Dog or any person. You acknowledge and agree that in the unlikely event your Dog becomes ill or injured, or if your Dog has a pre-existing condition which is aggravated by its stay, and requires professional attention, we will attempt to notify you or your Agent at the telephone numbers you provide. If we cannot reach you or your Agent, Miracle Paws at its sole discretion, may engage the services of a licensed veterinarian and/or administer medicine or give other necessary attention to your Dog, and you authorize us to provide any such service at your additional expense. In cases we believe to be critical, we may take your Dog to the veterinarian first before trying to contact you. If you refuse medical treatment for your Dog, Miracle Paws, at its sole discretion, may engage the services of a veterinarian and/or administer medicine to make your Dog as comfortable as possible until picked up by you or your Agent, and you authorize us to provide any such service at your additional expense. If we cannot reach you or your Agent, we will make healthcare decisions for your Dog based on the recommendations of available professionals. In the unfortunate event that your Dog passes away while in our care, we will hold your Dog until you or your Agent are able to pick up your Dog.
10. Contact with Other Dogs. While your Dogs is staying with us he or she will come into contact with other Dogs. Every effort will be made to ensure the safety of our guests by enforcing strict restrictions on Dogs as set forth in Miracle Paw’s guidelines. You acknowledge and agree that in the unlikely eventy our Dog is injured by another Dog, YOU RELEASE MIRACLE PAWS AND ITS AGENTS FROM ANY LIABILITY FOR SUCH INJURY. If your Dog injures another Dog, you will be solely responsible for any injury to the other Dog(s) as well as your own Dog, and YOU RELEASE MIRACLE PAWS AND ITS AGENTS FROM ANY LIABILITY FOR ANY AND ALL SUCH INJURIES. Communicable diseases: all Dogs coming into the Miracle Paws are required to be vaccinated. However, it is still possible for a Dog to become ill, even if vaccinated. You understand this risk and agree that Miracle Paws is not liable for any illness suffered by your Dog during or after its stay, including but not limited to Tracheobronchitis (Canine Cough).
11. Pets not picked up on Departure Date. If you or your Agent do not pick up your Dog at the agreed upon time, you hereby authorize us to continue to provide the Services as set forth in this Agreement at your expense. If Miracle Paws Org determines, at its sole discretion, that an extension of Services is required, payment in full may be required prior to extending such Services. Notwithstanding the foregoing, if your Pet is deemed abandoned under local, state, or federal laws or regulations, or in Miracle Paws discretion as permitted by law, we will follow the Abandoned Pet Procedure.
12. Abandoned Pet Procedure. Unless otherwise required by applicable law, if you fail to pick up your Dog by the designated time: All Services will stop, with the exception of medication administration necessary to ensure Pet health and safety and basic boarding services (food, water, relief time and shelter). Miracle Paws’ guests may be converted to boarding services if the Dog has not been picked upwithin the agreed hours and you shall pay the expense; we will attempt to contact you by telephone and/or in writing using the information that you have provided, advising you that if your Pet is not picked up within a reasonable time period, your Pet will be deemed to be abandoned and that we will deliver the Pet to a third party adoption partner, Animal Control, or other similar government agency. You understand that you may lose ownership of your Pet under these circumstances. If you fail to pick up your Pet for any reason, YOU RELEASE MIRACLE PAWS FROM ALL FURTHER LIABILITY AND RESPONSIBILITY FOR YOUR PET. You shall remain liable to us for all unpaid Charges, including without limit the court costs and reasonable attorneys’ fees incurred in the collection of the Charges.
13. Your representations to us. You represent to us that you are the owner of the Pet and that you are fully authorized to enter into this Agreement. All of the information about you and your Pet in this Agreement is true, accurate and complete. In a custody dispute, we will exercise reasonable judgment based on the known facts and we may, in our sole discretion, require proof of ownership, a written property settlement agreement or court decree. To the best of your knowledge, your Pet has no illness, injury or behavior problem (including aggressive or biting behavior) that has not been disclosed to us. You agree to indemnify and hold us harmless, from and against all loss, damage or expense, including attorneys’ fees, resulting from misrepresentations by you or your representatives, or resulting from yourPet’s stay including, without limitation, any person claiming to be the owner of your Pet and any person claiming damage or injury by your pet.
14. Personal items. Do not bring items with your Pet that are valuable or irreplaceable. Miracle Paws is not responsible for loss or damage to any personal item or toy left with your Pet.
15. No Representations, Warranties, Guarantees. Miracle Paws makes no representations, warranties or guarantees of any kind with respect to the temperament, or behavior of the dog.
16. Release and Indemnification by Client. Client, on behalf of himself or herself and all representatives, agent, successors or assigns, hereby releases Miracle Paws and its affiliates, agents, officer, directors, employees, independent contractors, volunteers and representatives, from any and all liability for personal injury, property damage, legal fees, claims, demands, actions, suits, causes of action, obligations, damages and liabilities or whatever kind or nature which may arise after Client obtains possession of the dog out of any occurrences, acts or omissions in any way connected with Client’s ownership of the dog, possession of the dog or handling of the dog by (b) Client, on behalf of himself or herself and all representatives, agent, successors or assigns, agrees to indemnify, protect and hold harmless Miracle Paws and its affiliates, agents, officer, directors, employees, independent contractors, volunteers and representatives, from any and all liability for personal injury, property damage, legal fees, claims, demands, actions, suits, causes of action, obligations, damages and liabilities or whatever kind or nature which may arise after the date Client obtains possession of the dog out of any occurrences, acts or omissions in any way connected with Client’s ownership of the dog, possession of the dog or handling of the dog by Client or the dog handler.
17. Non-Disparagement. Client agrees not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, including but not limited to any statements made via social media, on websites or blogs, that defame, disparage or in any way criticize the reputation, practices, or conduct of Miracle Paws. Client acknowledges and agrees that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to the news media, competitors, and other clients of Miracle Paws. Client further understands and agrees that Miracle Paws would be irreparably harmed by violation of this provision.
18. Non-Disclosure of Trade Secrets. Client agrees to hold Miracle Paws’ trade secrets in trust and strictest confidence to the fullest extent contemplated and permitted under the South Carolina Trade Secrets Act, S.C. Code Ann. § 39-8-10, et seq., and will in no event take any action causing or fail to take any action necessary in order to prevent any such trade secrets to lose their character or cease to qualify as trade secrets. The parties agree that Miracle Paws has taken reasonable means to control and restrict disclosure of its trade secrets.
19. Photo Release. Client grants to Miracle Paws, its representatives, and employees the right to take photographs of Client and/or Client’s dog in connection with the activities described in this Agreement. Client authorizes Miracle Paws, its assigns and transferees to copyright, use and publish the same in print and electronically. Client agrees that Miracle Paws may use such photographs of Client and/or Client’s dog with or without Client’s name and for any lawful purpose, including but not limited to, publicity, illustration, advertising and web content.
20. Termination. Miracle Paws shall terminate its training services if Miracle Paws determines in Miracle Paws’ sole discretion that Client’s dog is dangerous or vicious to a person or animal. In the event of such termination, all fees paid or funds paid by Client shall remain the sole property of Miracle Paws.
21. Waiver. No waiver by Miracle Paws or Client of any condition or breach of any term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such condition or breach, nor shall it be deemed or construed as a waiver of any other condition or as a waiver of the breach of any other term, covenant, representation or warranty set forth in this Agreement.
22. Entire Agreement. This Agreement sets forth all of the promises, covenants, agreements, conditions and understandings between Miracle Paws and Client with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, with respect thereto, except as contained herein.
23. Breach of Agreement. If either party believes the other party has breached a term of this Agreement, the non-breaching party shall notify the breaching party in writing of the alleged breach within 10 days of discovery of the facts constituting the alleged breach, and the breaching party shall have 10 days to cure such breach. Each party agrees to attempt to settle disputes in a respectful manner. If the parties are unable to settle any dispute between themselves, then either party may bring a claim for breach of the terms of this Agreement, and the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in prosecuting or defending such an action.
24. Governing Law, Jurisdiction, and Venue. This Agreement has been entered into under and shall be governed by the laws of the State of South Carolina without reference to or application of the choice-of-law or conflicts-of-laws principles, policies, or holdings of any jurisdiction. The parties agree that the State Court of Anderson County, South Carolina or the Federal District Court for the District of South Carolina, Anderson Division, shall be the sole and exclusive jurisdiction and venue for all disputes between the parties under this Agreement. Client hereby irrevocably consents to the jurisdiction and venue of these courts for adjudication of all disputes between the parties under this Agreement. Client hereby waives any objections or defenses to jurisdiction or venue in any such proceeding before such court.
25. Assignment. Neither party hereto may assign its rights or obligations under this Agreement without the prior written consent of the other party hereto, and any such prohibited assignment shall be void.
Definitions. The terms used throughout this Agreement, whether capitalized or not, and in either thesingular or plural form, shall mean as follows: “We,” “us,” and “Hotel” mean Miracle Paws and its subsidiaries. “You” and “your” shall mean the Pet Parent(s) signing this Agreement. “Pet” shall mean the Dog(s) and cat(s) staying at Miracle Paws and “your Pet” shall refer to the Pet(s) designated by the Pet Parent in this Agreement. You have read this entire Agreement, you have had the opportunity to discuss it with us to your satisfaction.
Additional terms for clients that are part of our training programs:
I understand and agree that genetics and environmental history (e.g. past experiences, nutrition, health etc.) will affect my dogs behavior. By signing this agreement, I agree to maintain my dogs training after the board and training is completed, following D&B Services, LLCs instructions. I understand and agree that training may not be able to completely cure all problems, and I further understand and assume all risks associated with owning and harboring a dog that may be aggressive. As a condition of my dogs participation in training with D&B Services, LLC, I agree to waive all claims against D&B Services, LLC and Miracle Paws, the staff, board members, employee’s contractors, affiliates, ect and to indemnify and hold D&B Services, LLC, Miracle Paws, its officers, agents, and employees, harmless from any and all liability or claims I may have now or in the future or that any other person or entity may have because of any death, bodily injury, personal injury, or because of any loss to property that may arise out of or in any way be connected with the my dog’s training. The indemnity shall apply during the period of training and after the dog is returned to my care custody and control.
I agree that D&B Services, LLC, Miracle Paws, the staff, board members, employee’s contractors, affiliates, ect does not guarantee that my dog will always do or stop doing any specific behaviors after training; I understand that D&B Services, LLC agrees to offer follow up support and training, whether by telephone or in person, as long as I shall own my dog. I agree that if, by agreement between D&B Services, LLC and myself, my dog needs additional training for a period of more than one day, I shall permit my dog to overnight at D&B Services, LLC’s location, that I will pay a boarding & training fee. I agree that follow up training appointments, if needed, will be conducted at D&B Services, LLCs location. I agree not to hold liable for loss or damage to toys, blankets or any other personal property. I agree that in the event of a medical emergency, D&B Services, LLC may have my dog treated by a veterinarian of his choice, and I will be responsible for the cost of any such medical treatment. I understand and agree that my dog’s training will involve use of training tools selected by D&B Services, LLC, including but not limited to a remote control & prong dog training collars. In the event it is necessary for D&B Services, LLC to institute collection proceedings for monies due, I agree to pay all of his attorney’s fees and costs associated said collection proceedings. I understand that this is a legal binding contract.
Disputes over the outcome of dog training services provided shall be resolved by the use of binding arbitration with an arbitration firm. I shall bear all fees and costs of the arbitration. Prior to entering this agreement, I have read this agreement and understand hat I have the right to have this arbitration agreement reviewed by counsel in order to advise me if it is in my best interest.