Colby’s Dogcare and Spa, LLC. — Petcare Agreement

1. Photo and Video Release: We love to post pictures and videos on social media, our website, and/or in magazine ads. You agree to allow Colby’s Dogcare and Spa, LLC. ("Colby’s") to use your pet’s name and any images or likenesses of your pet taken while he/she is at Colby’s, in any form, for use at any time, in any media, marketing, advertising, illustration, trade or promotional materials without compensation, and you release to Colby’s all rights that you may possess or claim to such image, likeness, recording, etc. 

2. Pet's Health: Safety is Colby’s highest priority, and you will only bring to Colby’s pets who are healthy and who have current vaccinations for Rabies, Distemper, Leptospirosis, Canine Influenza, and Bordetella. You will not enroll any pet that has any condition that could potentially jeopardize the health of other pets or people and has not had any potentially communicable condition within 30 days prior to enrollment. You further understand that even if your dog is vaccinated for Bordetella (Canine Cough), there is a chance that the he or she can still contract Canine Cough. You agree that you will not hold Colby’s responsible if your dog(s) contracts Canine Cough or other dog-dog transmitted ailments.

3. Flea/Tick Free: All pets must be flea/tick free. Should a pet be observed to have fleas or ticks, a flea/tick bath treatment will be applied and charged to the owner at a rate of up to $80.00 depending on severity and size of pet.

4. Group Play: Again, Colby’s loves our pups; and their safety is our highest concern. This means that all dogs must pass a general behavior assessment in order to attend dog-dog group play. Any such behavior assessment or your dog, or anyone else’s dog, may fail to reveal aggressive tendencies. No dog may be admitted to group play who shows any signs of any type of aggression. You understand and agree that in admitting your dog(s) to dog-dog group play, you are representing to Colby’s that your dog(s) is/are in good health and have not harmed, shown aggression, or exhibited any threatening behavior towards any person or other dogs. Colby’s is not right for all pups, and any dog demonstrating aggression or other behavior deemed unacceptable by our staff may be required to leave daycare/boarding.

5. Limitied Liability: You understand and agree that during normal pet play, your pet may sustain injuries. Pet play is monitored by our staff to best avoid injury, but scratches, punctures, torn ligaments, and other injuries may occur despite the best supervision. You further understand and agree that neither Colby’s nor any of our employees, staff, or volunteers will be liable for any illness, injury, death, and/or escape of your pet(s) provided that reasonable care and precautions are followed. Neither Colby’s nor any of its officers, employees, agents or volunteers shall be liable to you for any injury or other loss to your pet except in the case of gross negligence or willful misconduct, and under no circumstances shall our aggregate liability to you exceed the sum of $1,000.

6. Personal Property: You understand that you are solely responsible for any harm, including to any other pet(s), to the employees or invitees of Colby’s or to the equipment, facilities, or other property of Colby’s, caused by your pet(s). You also agree that Colby’s shall not be responsible or liable for any lost or damaged personal property belonging either to you or your pet.

7. Food/Medication: When boarding overnight, you agree that it is your responsibility to leave an adequate supply of food and medications for your pet(s) during the entire time your pet is cared for by Colby’s. Colby’s prepares and serves food, and administers medication without charge. Should the food/medication supply need replacement, you authorize Colby’s to replace and charge medication costs to your account. Food will be charged at $5.00 per meal.

8. Veterinary Liabiity and Care: We love your pet and will care for him or her to the best of our ability. You agree to Colby’s obtaining medical treatment for your pet(s) if he/she appears ill, injured, or exhibits any other behavior that would reasonably suggest that pet(s) may need medical treatment including anesthesia. You agree to be fully responsible for the cost of any such medical treatment and for the cost of any transportation for the purposes of such treatment. You give permission to Colby’s to use your vet, one of our veterinary partners or nearest 24-hour veterinary hospital for required treatment.

9. Weakened Immune System: You understand special-needs dogs, young puppies, and senior pets naturally have a higher risk of injury, stress-related illnesses, weakened immune systems, or exacerbation of any pre-existing conditions. As such, by using our facility for daycare or boarding, you are waiving any claim for injury or illness experienced by any such pet while in our care.

10. Elderly Pets: Owners of elderly pets (approaching the end of life) need to know if in the event their pet passes on while in our care. Our policy is to keep your pet with the nearest 24-hour veterinary hospital, where he/she will be held until you can be reached by the veterinarian for further instructions.

11. Grooming: We love your pup and will step in if we see that your pet is experiencing pain or causing it to others. If your pet’s nails are too long and causing breaking of skin or deep scratches to staff, volunteers, and/or other pets, we will trim them and invoice your account. Nail trims cost up to $15.00. In addition, if your pets happens to soil his or her fur, we will bathe them and charge your account.

12. Prepaid Packages: You understand that prepaid Daycare and Sleepover packages are nonrefundable and expire 12 months from date of purchase. Discounted packages are provided only if they are paid for in advance.

13. Payments: Payments are due and payable in advance of each visit. Payment may be made in U.S. currency, Visa, Discover, or Master Card. There is a $25 NSF charge for returned checks. We do not keep credit card information on file.

14. Cancellation/No-Show Policy: Cancellations must be done not less than 12 hours prior to the reservation date. If cancellation notice is less than 12 hours, your account will be invoiced in full.

15. Closing Time: While we close at 7:00 pm, we are happy to arrange late pickups for a $10.00 fee, until 10:00 pm. You agree that if your pet(s) is/are not picked up by 10:00 p.m. ET, then you authorize overnight boarding appropriate your pets(s) and to pay Colby’s the applicable overnight boarding charge plus any charge for required food and medications.

16. Right of Refusal: Colby’s reserves the right to refuse admittance to any pet or to dismiss any pet that does not meet or maintain Colby’s health, temperament or other daycare/boarding standards. The determination shall be made at Colby’s sole discretion.

17. Abandonment: If you or your Trusted Friend do not pick up your pet(s) within fourteen (14) days after the pet(s) is/are scheduled for check-out, you understand that your pet(s) shall be considered abandoned and Colby’s has the legal right to place your pet(s) with a new owner or turn your pet(s) over to a rescue.

18. Additional Terms: You represent that you are the legal owner of the above-named pet(s). If Colby’s shall commence any proceeding to collect any sum due hereunder, it shall be entitled to recover all of the reasonable costs and expenses of collection, including attorneys’ fees and disbursements. The parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration agreement, shall be resolved by arbitration in accordance with the rules then obtaining of Arbitration Resolution Services, Inc. (ARS), whose rules can be found at www.arbresolutions.com. Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. This paragraph shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, if it can be applied; otherwise, this paragraph shall be governed by the District of Columbia Revised Uniform Arbitration Act, D.C. Code § 16-4401 et seq. By agreeing to arbitration, each of us is giving up the right to a trial (by a judge or jury) of all disputes, including fee disputes and disputes over the quality of pet-care services, including any injuries to or loss of life of your pet(s). This agreement shall be governed in accordance with the substantive law of the District of Columbia without regard to conflict of law principles, except as set forth above with respect to arbitration. This agreement constitutes our entire agreement and may not be modified orally. No oral statements regarding the care of your pet or any particular procedures to be followed with respect to your pet have been made in order to induce you to enter into this agreement or are a part of this agreement.

20. Full Force and Effect: You further understand and expressly agree that every of the foregoing provisions contained in paragraphs 1-18 shall be in force and effect and shall apply to every occasion on which your pet(s) stays with Colby’s for daycare, boarding, or other services. This Agreement shall remain in full force and effect as between the parties until and unless otherwise cancelled or superseded by a writing signed by the parties. You hereby certify that you have read and understand this agreement. By clicking that you have read and agree to this document, you agree to be bound by its terms and conditions.