SERVICES AGREEMENT

This is an agreement between MAX AND CHARLIE, LLC doing business as “DIRTY DOG” and the Owner/Guardian whose name and signature is below (hereinafter called “Owner/Guardian”).

Following are the terms of service for the stay of the Owner/ Guardian’s dog (named below) (hereinafter called “Dog”) as a reservation or daycare stay at DIRTY DOG.

By signing below, in consideration of the services rendered by DIRTY DOG to the Dog(s), Owner/Guardian acknowledges reading, understanding, and accepting the statements herein.

AGREEMENT TO PARTICIPATE AND LIABILITY WAIVER: Owner/Guardian understands certain “activities” that the Dog may participate in, including daycare, grooming, training, boarding, one-on-one play, movement within and outside the facility, involve risk and possible injury, including but not limited to: exposure to parasites, viruses, and other medical conditions passed from dog-to-dog or person-to-dog; sprains, strains, bites, broken bones; fatigue, dehydration, nicks, cuts, loss of Dog or death.

Owner/Guardian further understands that not each and every potential risk can be listed above but, nonetheless agree that the benefits associated with dog socialization outweigh the possible risks, therefore, Owner/Guardian hereby voluntarily releases, forever discharges, and agrees to hold harmless and indemnify DIRTY DOG and its agents, successors, heirs, from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with the Dog’s participation in activities at DIRTY DOG, including those allegedly attributable to the negligent acts or omissions of DIRTY DOG or their staff.

Further, Owner/Guardian understands that Owner/Guardian may be exposed to certain risks when bringing the Dog to participate in activities at DIRTY DOG or when picking up the Dog from participating in activities at DIRTY DOG. Such risks may include property damage and/or physical injury inside or outside the facility, such as from falling, slipping, illness, and/ or dog bites. Therefore, Owner/Guardian hereby voluntarily releases, forever discharges, and agree to hold harmless and indemnify DIRTY DOG its agents, successors, heirs from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with the Dog’s participation in activities at DIRTY DOG, including those allegedly attributable to the negligent acts or omissions of DIRTY DOG or their staff.

AUTHORIZATION OF MEDICAL CARE: If the Dog is ill or injured while participating in activities at DIRTY DOG, DIRTY DOG will make every reasonable effort to reach Owner/Guardian pursuant to the contact information Owner/Guardian has provided DIRTY DOG. However, if DIRTY DOG is unable to reach Owner/Guardian, Owner/Guardian grants consent to DIRTY DOG to seek appropriate veterinary care and Owner/Guardian accepts responsibility for any and all associated expenses. DIRTY DOG will not pay any portion of veterinary expenses associated with seeking medical care for the Dog if so necessary. In the event of the Dog’s death, the Owner/Guardian or the Owner/Guardian’s emergency contact will be notified immediately.

CONTAGIOUS DISEASES & VACCINATIONS: Owner/Guardian specifically represents to DIRTY DOG that, to Owner/Guardian’s knowledge, the Dog has not been exposed to any contagious diseases within the 30 day period prior to check-in. Owner/Guardian understands that each time the Dog is brought to DIRTY DOG, Owner/Guardian is recertifying that the Dog is in good health and has not had any communicable illness of any kind for 30 days prior to check-in. Owner/Guardian also confirms the Dog meets DIRTY DOG’S vaccination requirements during the Dog’s stay.  Owner/Guardian understands that DIRTY DOG does not inform Owner/Guardian if other dogs at the facility become sick or infected with any contagious disease. DIRTY DOG recommends that the Owner/Guardian is aware that any dog that attends daycare and/or boarding might be exposed to/carry a communicable disease.  It is also recommended that the Owner/Guardian not let their dog in close vicinity or in contact with dogs' outside of DIRTY DOG who have compromised health issues, older pets or puppies for 14 days after they have been at daycare/boarding.

ALLERGIES, SPECIAL DIETS, MEDICATIONS: Owner/Guardian agrees to disclose to DIRTY DOG any allergies the Dog may have. Owner/Guardian further agrees to disclose to DIRTY DOG any special dietary needs or medications the Dog may require if necessary during activities at DIRTY DOG.

PHOTOGRAPHS AND STATEMENTS:Owner/Guardian authorizes use of the Dog’s visual image(s) and statements in newsletters, website, posters, and other materials.

BEHAVIOR: Owner/Guardian affirms that the Dog does not have a history of biting or harming people or other animals.

AGREEMENT TO PAY: DIRTY DOG accepts check, cash, or credit cards. Owner/Guardian agree to pay the service rates in effect for the Dog’s participation in activities at DIRTY DOG. Owner/Guardian further agrees to pay for any additional services requested at DIRTY DOG. All services must be paid in full before the Dog will be released to Owner/Guardian or proper payment arrangements are agreed upon by both parties (Owner/Guardian & DIRTY DOG).

DAMAGE: Owner/Guardian accepts the responsibility of paying for any damage to facility, property, and/or equipment caused by the Dog.

RIGHT TO DECLINE: Owner/Guardian understands that DIRTY DOG reserves the exclusive right to decline participation or to terminate participation in activities at DIRTY DOG to any Dog at any time for any reason.

VALID DATES: These agreements, waivers, and authorizations will remain valid and in force as long as and whenever the Dog participates in any activity at or with DIRTY DOG.

ACKNOWLEDGEMENT: This Agreement contains the entire agreement between the parties. All terms and conditions of this Agreement shall be binding on the heirs, administrators, personal representatives and assignees of the Owner/Guardian and DIRTY DOG.

CANCELLATION POLICY: For non-holidays, please notify us of your cancellation 48-hours in advance. For holiday reservations, we require 10-day advance notice and a non-refundable deposit for the first night at the time of reservation. If we do not receive your cancellation within the timeframe listed above you will be charged 50% of your scheduled boarding stay. No shows will be charged for the reservation in its entirety.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or as the result of any claim or controversy involving the alleged negligence by any party to this Agreement, shall be settled in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by an arbitrator may be entered in any Court having jurisdiction thereof. The arbitrator shall, as part of the award, determine an award to the prevailing party of the costs of such arbitration and reasonable attorney’s fees of the prevailing party. The arbitrator(s) shall apply Texas law to the merits of any dispute or claim, without reference to conflicts of law rules. The parties hereby consent to the personal jurisdiction of the state and federal courts located in Texas and agree that such courts shall have the sole and exclusive jurisdiction for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants.

THE PARTIES HAVE READ AND UNDERSTAND THIS CLAUSE 15, WHICH DISCUSSES ARBITRATION. THE PARTIES UNDERSTAND THAT BY SIGNING THIS AGREEMENT THAT THEY WILL SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF, TO BINDING ARBITRATION, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF THE PARTY’S RIGHT TO A JURY TRIAL AND RELATED TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE RELATIONSHIPS BETWEEN THE PARTIES.