Barks Vegas
Dog Boarding, Dog Day Care and Dog Park Agreement
THIS DOG BOARDING, DOG DAY CARE, DOG PARK AGREEMENT AGREEMENT (“Agreement”) is made and entered into as of the last date set forth below, by and between BARKS VEGAS, a Nevada CORPORATION (the “Company”) and the undersigned Dog Parent set forth below (the “Dog Parent”).
1. SERVICES: ENGAGEMENT: The Company provides dog boarding, dog daycare and grooming services. The Dog Parent hereby engages the Company to provide the services for his or her Dog(s) (as set forth on the information sheet provided by the Dog Parent) on the terms and conditions set forth in this Agreement and in any supplemental Dog information or reservation forms provided in connection with this Agreement by the Company.
2. REQUIREMENTS: All dogs visiting the Company are required to:
2.1. Be either spayed or neutered
2.2. Have all required vaccinations and they must be up to date
2.3. Be 6 months of age or older
2.4. Pass a temperament test administered by the Company staff
2.5. Have a membership which affirms the Dog Parent acknowledges this agreement in its entirety.
3. ACCOMPANYING DOG PARENTS IN THE DOG PARK: Dog Parents who utilize the dog park with their dog is responsible to abide by the following rules:
3.1. Use of the park is at your own risk
3.2. Dog Parents are legally responsible for the behavior of their Dog(s)
3.3. Dog waste must be cleaned up and disposed of by the Dog Parent IMMEDIATELY
3.4. Dog Parents must be within the dog park and supervising their dog with a leash readily available
3.5. Dogs that show aggressive behavior must be removed immediately
3.6. Do not allow your dog mount other dogs
3.7. Dogs must wear a collar or harness at all times
3.8. Dogs must be handled by someone 16 years of age or older
3.9. Children under 13 must be accompanied by an adult and supervised at all times
3.10. Toys and agility equipment are for dog use only
3.11. Dog Parents MUST report any bites to the Company staff immediately
3.12. Dog Parents are limited to 2(two) dogs per handler
3.13. Dog Parents and their dogs can be asked to leave the park area for any reason at any time.
3.14. Dog Parents are required to be respectful of other Dog Parents, other dogs, the Company staff and any other visitors that may be in the park area.
3.15. Prohibited items within the dog park
3.15.1. Human & Dog food/treats
3.15.2. Glass containers
3.15.3. Sick Dogs
3.15.4. Aggressive Dogs
3.15.5. Puppies (under 6 months old)
3.15.6. No alcohol, smoking, vaping or use of any tobacco products
4. MEALS AND SNACKS: Since each dog has specific dietary needs and are accustomed to their own food, the Company requires all dogs to come with their own meals and snacks. These will be provided in a private setting to ensure they can enjoy their food comfortably.
4.1. If the dog does not have or runs out of food, food will be provided by the Company.
4.2. If the Company provides food, the type of food is at the discretion of the Company.
4.3. The Dog Parent will be responsible for additional charges for any food the Company provides which was not provided by the Dog Parent.
5. HOURS OF OPERATION: All times are Pacific Standard Time (PST), with typical hours unless otherwise noted:
5.1. Park hours for dogs and Dog Parent supervision: Monday – Friday 6am-7pm Weekends and Holidays 7am-4pm.
5.2. Daycare drop-off and pick up hours: Monday – Friday 6am-7pm Weekends and Holidays 7am-5pm. Pick up 1 hour past the scheduled time will incur a boarding fee
5.3. Boarding pick-up hours: Monday-Sunday and Holidays 7am-11am. Pick up past 11am will result in a $10 per hour additional fee.
6. DOG PARENT REPRESENTATIONS: DUTY TO DISCLOSE: The Dog Parent represents and warrants to the Company that:
6.1. The Dog Parent is the rightful owner or caretaker of the Dog, and his or her signature below is sufficient to enter into this Agreement for and on behalf of any other owner or representative of the Dog, and the Dog Parent is executing this Agreement for the Dog, himself or herself and his or her heirs, successors, or approved representatives.
6.2. The Dog is current on all required vaccinations and such other vaccinations as is required by the Company. The Dog Parent agrees to provide documents confirming such vaccinations as requested by the Company, and shall provide proof of vaccinations for rabies, bordetella and parvo prior to any entry at the Company facilities or evaluation made by the Company.
6.3. The Dog is either spayed or neutered.
6.4. Unless otherwise disclosed to the Company, the Dog is housebroken and the Dog is not prone to chewing, scratching, digging or other destructive behavior.
6.5. The Dog is free of fleas, ticks, worms and other insects and parasites and the Dog Parent acknowledges that their dog may come in contact with another dog that does have fleas, ticks, worms, and other insects and parasites.
6.6. The Dog has no current illness or injury, except as has been disclosed to the the .
6.7. The Dog has not bitten, or exhibited other aggressive behavior, towards any person or animal, except as has been previously disclosed to the Company.
6.8 The Dog Parent MUST inform the Company if your Dog(s) bite, has bitten, or is aggressive to people, other Dogs t any time.
6.9. The Dog Parent has disclosed and shall continue to disclose on an on-going basis, any and all medical or other conditions, including but not limited to personality concerns or behaviors that may affect, limit or prevent the Dog’s ability to participate in play time or otherwise attend the Company’s facilities.
7. ACCEPTANCE OF RISK: Unless the Dog Parent has otherwise instructed to the contrary, the Dog Parent acknowledges and agrees that his or her Dog may encounter and be permitted to interact and play with other dogs and with the Company staff members. The Dog Parent acknowledges that when dogs play in groups that nicks, bites or scratches may occur, and the Company may or may not notify the Dog Parent immediately if the Dog sustains any nicks, bites or scratches. The Dog Parent further acknowledges that animals are unpredictable and that there is a possibility of injury or death to the Dog or to another animal or person. Therefore, as consideration of the services rendered by the Company, the Dog Parent (A) hereby waives and releases the Company, and its invitees, sponsors, members, managers, advertisers, owners, officers, directors, employees, volunteers, invitees, agents, lessors, and any parties owning, controlling or having any interest in the property where the Company facility is located, and all other representatives or agents of the Company (collectively, “Company Parties”) from any and all claims, actions, damages or liability for injury, sickness or illness suffered by his or her Dog while in the care of the Company or otherwise relating to the care, control, health and/or safety of the Dog arising from pick up, transport, drop off and/or stay at the Company facilities, except to the extent such illness or injury is the result of the Company’s gross negligence or intentional misconduct, and (B) agrees not to initiate any legal proceedings against the Company or any the Company Parties with respect to such released claims. “Sickness and illness” shall be defined to include any illness, including, without limitation, bordetella (kennel cough) or any other form of contagious illness.
8. INDEMNIFICATION: LIABILITY: AS CONSIDERATION FOR THE SERVICES RENDERED BY COMPANY, THE DOG PARENT WILL INDEMNIFY, DEFEND AND HOLD THE COMPANY AND THE COMPANY PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND VETERINARY COSTS AND EXPENSES) ARISING FROM OR RESULTING FROM ANY BREACH OF THE REPRESENTATIONS, WARRANTIES OR COVENANTS CONTAINED IN THIS AGREEMENT (INCLUDING ABANDONMENT OF THE DOG AT THE COMPANY FACILITY), OR OTHERWISE RELATED TO ANY AND ALL ACTS OF BEHAVIOR OF THEIR DOG(S), WHICH MAY INCLUDE, WITHOUT LIMITATION, LOSS OF DOG DUE TO ESCAPE FROM FACILITY, NOT EATING/LOSING WEIGHT, INJURY OR DEATH TO A DOG OR ANIMAL AT THE FACILITY OR INJURY OR DEATH TO A STAFF MEMBER OF THE COMPANY OR ANY OTHER MEMBER OF THE PUBLIC. IN NO EVENT WILL THE COMPANY OR ANY THE COMPANY’S PARTY BE HELD LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBLE EXISTENCE.
9. EVALUATION; PARTICIPATION: The Company may require an evaluation or assessment of the Dog Parent’s Dog(s) prior to engaging in dog boarding or joining the dog day care program. Proof of current vaccinations, including rabies, bordatella, and parvo are required prior to evaluation. The Dog Parent understands that if a full evaluation day is requested, payment for this evaluation is due prior to the evaluation and there will be no refunds of this charge regardless of admission decision for the Dog Parent’s Dog(s). The Dog Parent is not permitted to attend this evaluation. After evaluation is complete, the Company reserves all rights to refuse to provide Dog care services for any reason in their sole and absolute discretion. Further, the Dog Parent understands participation in play time is at the sole discretion of the Company, and the Dogs may be separated from other Dogs or asked to leave for any reason in the Company’s sole discretion.
10. PAYMENT: The Dog Parent agrees to pay all outstanding fees for boarding, day care services, veterinary services and grooming or other services owed on the day of pick up for any scheduled reservation under this Agreement.
10.1. Sign-up Fee: A onetime membership processing fee will be processed prior to membership approval.
10.2. Membership Fees: All membership fees are charged in advance of service being provided.
10.3. Boarding Fees: Estimated boarding fees are to be paid in advance of boarding services being provided.
10.4. Late Pick Up Fee: Late pick up fees will be assessed for any Dog pick ups that occur outside of pick-up times or that did not have prior approval.
10.5. Returned Payment Policy: Payments that are returned are subject to a $30.00 Service Fee. Outstanding balances and future appointments must be paid in cash PRIOR to the start of your Dog’s next appointment.
10.6. Cancellation Policy:
10.6.1. Cancel any time up to 48 hours prior to the booking for a full refund.
10.6.2. Cancellations made within 24-48 hours are subject to a 25% cancellation fee.
10.6.3. For cancellations less than 24 hours in advance, payment is forfeited and cannot be applied to future bookings.
11. PERSONAL PROPERTY: The Dog Parent agrees that the Company shall not be responsible or liable for any lost, stolen or damaged personal property belonging either to the Dog Parent or the Dog. The Dog Parent also understands and agrees that the Dog’s collar may be removed in the play area to prevent injury to any dog.
12. PHOTOS AND VIDEO RELEASE: The Dog Parent agrees to allow the Company to use his or her Dog’s name and any images or likeness of his or her Dog taken while the Dog is at the Company facility, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional materials.
13. WEB CAMERAS: Live streaming video is available to all boarding owners to view their Dogs via IPads and cellular phones and desktops. Dog parents understand web cameras are offered for their enjoyment as a courtesy and there is no charge for this service. The Company web cameras will record and do have the capability to play back previous camera feeds for historical data and evidence collection.
14. VETERINARIAN LIABILITY AND CARE: In the event that the Dog Parent’s Dog should need veterinary services while in the care of the Company, the Dog Parent request that the following conditions be adhered to Select One:
​
Options
Save my Dog regardless of the cost of any necessary treatment, medication, or surgical procedures.
Use any and all reasonable and customary treatments, medications, or surgical procedures necessary to treat my Dog, not to exceed $__________________.
Dog Parent does not want my Dog treated by a veterinarian under any circumstances, even in a life-threatening situation. If a Dog passes away at the Company’s facility, it will be brought to its or the nearest veterinarian. DOG PARENT AGREES THAT DOG PARENT IS FULLY RESPONSIBLE FOR THE COST OF ANY SUCH MEDICAL TREATMENT, AND FOR THE COST OF ANY TRANSPORTATION FOR THE PURPOSES OF SUCH TREATMENT PROVIDED TO THE DOG
15. COMMUNICATION: The Dog Parent authorizes the Company to communicate through various channels, including phone, text, and email, for the purpose of sharing information about their dog(s), membership status, required account updates, and other relevant company communications.
15.1. Upon termination of membership with the Company and the Dog Parent does not want to be contacted any longer Dog Parent, it is required that the Dog Parent send an email to info@barksvegas.com stating they would like to Opt-Out of future communication.
15.2. The Company will not sell or provide Dog Parent information to third parties with prior consent from the Pet Parent.
16. OTHER DOCUMENTATION: The terms of this Agreement will govern any reservation form, Dog information sheet, instructions from the Dog Parent or other document relating to services to be provided by the Company.
17. GOVERNING LAW; VENUE: This Agreement is governed by the laws of the State of Nevada, without regard to conflicts of law principles. The Company and the Dog Parent agree that all actions or proceedings arising directly, indirectly or otherwise in connection with, out of, or related to or from this Agreement shall be litigated only in courts located in Clark County, Nevada, and each of them hereby consents and submits to the nonexclusive jurisdiction of any local, state or federal court located within said county and state and waives any claim that any of said courts constitute an inconvenient forum.
18. SEVERABILITY: If any provision of this Agreement is determined to be unenforceable, such provision will be deemed severed and the remaining provisions of this Agreement will continue in full force and effect. The Company will be deemed to have accepted this Agreement, without execution, upon the acceptance of a reservation or payment for services to be provided hereunder or the commencement of the services.
19. ABANDONED DOGS: The Dog Parent understands and agrees that if his or her Dog is not picked up within seven (7) calendar days of the original pickup date scheduled Dog, the Dog shall be deemed to be abandoned and additional boarding charges shall apply, and in such event, unless payment is paid in full to date. The Company shall gain legal custody and ownership of the Dog and retain the right to keep the Dog or place the Dog in a shelter or with animal control or place the Dog in a new home with a new owner, with no recourse by the Dog Parent against The Company or any of the Company’s Party. THE DOG PARENT FULLY UNDERSTANDS AND AGREES THAT IF THE DOG PARENT ABANDONS HIS OR HER DOG AT THE COMPANY FACILITY, THE DOG PARENT MAY BE UNABLE TO RETRIEVE POSSESSION OF HIS OR HER DOG AND WILL HAVE NO RECOURSE AGAINST ANY OF THE COMPANY’S PARTY.
​
THE DOG PARENT HAS READ AND FULLY UNDERSTANDS THE TERMS OF THIS AGREEMENT, INCLUDING THE RELEASES, WAIVERS OF LIABILITY, ACCEPTANCE OF RISK AND INDEMNITY PROVISIONS AND UNDERSTANDS THAT THE DOG PARENT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAS SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE AND INTENDS IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW. THE DOG PARENT AGREES THAT IT IS INTENDED THAT ALL TERMS OF THIS AGREEMENT CONTROL DESPITE ANY PARTICULAR STATUTE OR LAW THAT WOULD OTHERWISE PROTECT THE DOG PARENT OR HIS OR HER DOG(S). THE DOG PARENT IS ADVISED TO SEEK LEGAL COUNSEL IF THE DOG PARENT IS UNSURE OF THE EFFECTS OF THE FOREGOING AGREEMENT.