The use of Barklandia’s services in any capacity signifies the acceptance of the terms described below, with or without the signed acceptance of the Client.
Terms, Agreements, and Release of Liability: In agreement for being allowed to use the services and facilities of Barklandia, I agree to the following terms, agreements, and release of liability described herein. Barklandia staff members, owners, agents, officers, volunteers, contractors, and any and all representatives of Barklandia are collectively referred to hereinafter as “Barklandia”. The signer or consumer of Barklandia services is hereinafter referred to as “Client”.
(i) Client represents that he or she is the legal owner or an agent of the owner of the pet or pets listed on the Client’s account, and that Client or agent has legal right to agree to consent to terms described herein.
(ii) Client understands there are inherent and potential risks involved with interactions between humans and animals, as well as between animals themselves. Client understands that these interactions may result in property damage or bodily injury, including but not limited to, temporary or permanent disability, sickness or death of humans and pets. Client also understands there may be other risks not known to client or Barklandia, nor readily foreseeable at this time collectively known hereinafter as risks and agrees to indemnify Barklandia from known and unknown risks.
(iii) Client understands and recognizes that pet(s) will be kept within the same facility as other pets, during his / her stay at Barklandia and that while Barklandia will take great care to ensure the safety of said pet(s), there are potential risks involved when using Barklandia’s facility or services. Client fully accepts and assumes all risks and responsibility for all risks, including, without limitation, all losses, costs and damages incurred as a result of Client’s pet’s participation at Barklandia, including any veterinarian expenses incurred on behalf of or caused by Client’s pet. Client agrees to release and indemnify Barklandia from any and all liability, losses, or damage, to Client’s property or injury to pet or pets, including, but not limited to sickness, disease, infestation, and death, and that all incidents directly related to or indirectly related to actions or events of Barklandia, whether or not liability, loss, or damage is a result of unforeseen circumstances or negligence from Barklandia. Client also agrees to release and indemnify Barklandia from any claim of loss, pursuit of legal action, attorney’s fees, and any claim or judgment against Barklandia to the fullest extent allowable by Oregon Statutes now or anytime thereafter.
(iv) Client understands that pet(s) may only be dropped off or picked up during posted business hours and the latest a pet may be picked up from the facility is at the close of posted business hours, and that business hours are subject to change without notice. Client agrees that failure to pick up pet(s) per the terms described herein may result in additional charges as determined by Barklandia, up to the addition of another overnight boarding fee per day.
(v) Client understands that Barklandia may terminate Client’s pet’s stay at any given time at its sole and absolute discretion, and if said pet’s stay is terminated, Client will promptly pick up said pet, or otherwise send an agent to do so.
(vi) Client gives Barklandia permission to take pictures and / or videos of pet(s) during his / her stay, and any pictures / videos taken are the property of Barklandia and may be used in advertising and promotional materials.
(vii) Client understands and agrees that any charges or fees, including, but not limited to, payment for services or for damages or liabilities are due at the time of service and will be charged to Client’s credit card(s) on file.
(viii) Client understands that Boarding and Daycare requirements and policies are described on the website and in communication notices. These requirements are subject to change and changes will be posted on the website or, at Barklandia’s discretion, other forms of communication.
(ix) For Pets staying overnight: Client is expected to provide Barklandia with a sufficient amount of food for the duration of his / her pet’s stay. If Client does not provide sufficient food, Barklandia may purchase food of its own choosing, and Client agrees to pay an additional charge per cup of food provided. Client also understands the Pet Hotel requirements and policies are described on the website and in communication notices. These requirements are subject to change and changes will be posted on the website or, at Barklandia’s discretion, other forms of communication.
(x) Client understands that pets must be in good health to participate in Barklandia’s Services and/or board at Barklandia’s facility. Client understands that Barklandia cannot accept pets in poor or declining health.
(xi) Grooming: Client understands and agrees to the following terms and conditions with regards to grooming services, and agrees to release and indemnify Barklandia from any financial cost or liability that may be incurred as a result of the use of Barklandia’s services:
(xii) Barklandia will have the right to obtain medical treatment for Client’s pet, if, in its sole discretion, it appears that Client’s pet may be ill, injured or exhibits any other behavior that would reasonably suggest that pet may need medical treatment. Client understands that reasonable efforts will be made to contact Client prior to seeking veterinary care, unless Barklandia deems the need for care urgent and critical. If it is determined that medical treatment is critical, but Barklandia is unable to contact Client or Client’s emergency contacts, Barklandia and the veterinarian may rely on this section as consent to treat Client’s pet. Client hereby grants the veterinarian and Barklandia the right to make medically necessary decisions for pet’s treatment, and release the veterinarian and Barklandia from all liability for any cost incurred. If Client is unable to be reached but provided emergency contact is reached, Client hereby grants the emergency contact the right to make medically necessary decisions for the pet’s treatment. Barklandia will first attempt to seek treatment from the veterinarian provided in the Pet Registration Form, but will have the right to seek veterinary treatment from an alternative veterinarian if:
(i) The pet needs urgent care and another veterinarian is closer,
(ii) Barklandia is unable to reach the Designated Veterinarian, or
(iii) Barklandia is unable to transport the pet to Designated Veterinarian.
Client agrees that this release is binding on the Client and the Client’s successors, heirs, legal representatives and agrees that any implementation of safety precautions by Barklandia will not waive Barklandia’s right to be indemnified as provided hereunder, and such precautions will not alter this release. Client understands this agreement to be a complete and unconditional release of all liability of Barklandia to the maximum extent permitted by law; and agrees that if any portion of this agreement is held to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect. In the event of a dispute between the parties, Barklandia may be entitled to recover all costs and expenses incurred therein, including attorney’s fees, and other related expenses. This agreement contains the complete understanding of the parties with respect to the subject matter herein and supersedes all prior representations and understandings, whether oral or written.
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