Smith Rock K9 Liability Release

Smith Rock K9 Liability Release

Please read this form carefully and be aware that in consideration for Smith Rock K9 LLC, you will be expressly assuming the risk and legal liability and waiving and releasing all claims for injuries, damages, or loss your pet might sustain as a result of said services, including boarding, training, socialization, and transport. You are accepting these and other risks as well as the financial responsibility for any emergency medical treatment that might become necessary during your dog’s stay, regardless of negligence. Emergencies are rare, but we highly recommend that you carry pet insurance, just in case.

We recommend pet insurance when placing your dog with us.

Services Provided

I, the undersigned, understand that Smith Rock K9 LLC (hereinafter referred to as "the Company") will provide services for my dog. These services include boarding, training, feeding, exercise, and general care for the duration of the agreed-upon training period.

Owner's Responsibilities

I agree to provide the Company with accurate and complete information regarding my dog’s health, behavior, and any special needs. I understand that failure to disclose any information may result in additional charges or termination of services.

Health and Vaccination Requirements

I certify that my dog is up-to-date on all vaccinations, including but not limited to rabies, distemper, parvovirus, and Bordetella. I will provide proof of these vaccinations prior to boarding. I acknowledge that my dog is in good health, free from any contagious diseases, fleas, ticks, and parasites. I further declare that my dog has not been exposed to distemper, rabies, or parvovirus within the past thirty (30) days.

Emergency Care

In the event of a medical emergency, I authorize the Company to seek veterinary care for my dog. I agree to be responsible for any and all veterinary expenses incurred during the board and train program. The Company will make reasonable efforts to contact me or my emergency contact prior to seeking emergency care.

Behavior and Training Effectiveness

I understand that training results vary depending on the dog’s temperament, previous experiences, and consistency in follow-up training at home. While Smith Rock K9 LLC will make every effort to provide professional training services to the best of their ability, the Company cannot guarantee specific results due to these variables.

Right to Transport

I authorize Smith Rock K9 LLC to transport my dog as needed for training purposes, veterinary care, or any other necessary reasons related to the board and train program. The Company will take precautions to prevent any animal from running away from the vehicles or property but the behavior of animals cannot be perfectly controlled at all times. I will not hold the Company responsible if my animal finds a way to flee their premises during care or automobiles during transportation.

Refusal of Service

I understand that Smith Rock K9 LLC has the right to refuse service to me and/or my dog at any time for any reason. Smith Rock K9 LLC may remove or refuse an animal from transport if the animal shows aggressive or uncooperative behavior, refuses to be loaded into the vehicle, or any condition that an employee deems is not in the best interest of the animal. I understand that if my dog has a history of aggression or biting of humans or animals, or repeatedly demonstrates aggression towards humans or animals, Smith Rock K9 LLC may invoke the right to refuse service at any time. I understand that all bites will be reported to the local authorities as required by law. 

Photo and Video Release

I grant the Company permission to take photographs and videos of my dog during the board and train program for use in promotional materials, including social media, websites, and advertising. I agree that any communication sent may be used as a testimonial for the Company with my first name and last initial.

Payment and Cancellation Policy

I agree to pay all fees for the board and train program as outlined in the service agreement. I agree that my dog will not leave Smith Rock K9 LLC until all charges are paid in full. I further acknowledge that if I fail to pick up my dog from Smith Rock K9 LLC, it will be assumed that I have abandoned my dog and civil action may be taken against me.

Indemnification

I agree to indemnify, defend, and hold harmless Smith Rock K9 LLC and its respective officials, owners, agents, volunteers, and employees from and against any and all claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to my dog’s participation in the board and train program.

Representations and Warranties

I represent and warrant that I am the legal owner of the dog and that I have the authority to enter into this agreement. 

Severability

If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Governing Law

I further agree that this agreement shall be governed by the laws of the State of Oregon.

Arbitration

I understand and agree that any controversy arising out of this Waiver shall be submitted to arbitration before the American Arbitration Association in accordance with its rules and regulations. Arbitration shall be commenced in Oregon at a location mutually agreeable to the parties. I understand that all decisions of the arbitrator shall be final, non-appealable, and binding on all parties. Arbitration as set forth in this section shall constitute the only method of resolving disputes.

Risks and Liability

In consideration of the services rendered by Smith Rock K9 LLC, I waive any and all claims, actions, or demands of any nature, foreseen or unforeseen, that I may have against Smith Rock K9 LLC, relating to the care, control, health, and/or safety of my dog(s) arising as a result of services, including but not limited to boarding, training, socialization, and transport. 

I understand that every animal reacts differently and that animals, by nature, are unpredictable.

I understand that there are risks in having my dog in an environment where the dogs are not kept in cages and are around other dogs and people. 

I understand that it is not always possible for Smith Rock K9 LLC to prevent injuries that may occur during off-leash activities. All dog play is carefully monitored by a Smith Rock K9 LLC to avoid injury, but scratches, puncture wounds, torn ligaments, etc. may occur despite the best supervision. 

I understand and agree that Smith Rock K9 LLC, its employees, staff, or volunteers, will not be liable for any illness, injury, or death of my dog. I acknowledge that Smith Rock K9 LLC, its employees, staff, or volunteers will take such actions as are reasonable to minimize these risks. 

I understand that I alone will be responsible for any injury to my own dog that may have occurred at Smith Rock K9 LLC, even if it is the result of another dog’s actions while in the care of Smith Rock K9 LLC. 

Smith Rock K9 LLC will not be responsible for any sickness or injury caused by the pet to itself during boarding or training. 

Should veterinary care be necessary as a result of any services rendered by Smith Rock K9 LLC, Smith Rock K9 LLC must be notified within 48 hours of such care.

I hereby release Smith Rock K9 LLC, its agents, officers, subcontractors, employees, animal owners, customers, and potential customers from any and all liabilities, financial and otherwise, for injuries to myself, my dog, or any other property of mine, which arise in any way from services and/or products provided by or as a consequence of my association with Smith Rock K9 LLC. I agree to assume all liabilities and responsibilities, financial and otherwise, for the behavior and health of my dog(s).

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY AND IN NO EVENT SHALL SMITH ROCK K9 LLC OR ANY OF THE RELEASEES BE LIABLE, JOINTLY OR SEVERALLY, TO ME OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH THE SERVICES OFFERED TO ME BY SMITH ROCK K9 LLC, INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES, OR OTHER PECUNIARY LOSS (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR ANY OTHER THEORY OF LIABILITY, EVEN IF SMITH ROCK K9 LLC OR THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE LIABILITY OF SMITH ROCK K9 LLC WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SMITH ROCK K9 LLC BE LIABLE FOR ANY CLAIM, LOSS, COST, EXPENSE, OR DAMAGE WHATSOEVER TO ME OR ANY THIRD PARTY IN AN AMOUNT EXCEEDING THE SUM ACTUALLY PAID BY ME TO SMITH ROCK K9 LLC DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SMITH ROCK K9 LLC IS NOTIFIED OF SUCH CLAIM IN WRITING. 

Acceptance of Terms

By signing this waiver, I acknowledge that I have read, understood, and agree to all terms and conditions set forth in this document. I accept full responsibility for my dog’s participation and release the Company from any liability associated with services.