Rags and Berts TsCs p1DOG BOARDING AND/OR DOG DAY CARE AGREEMENTRags & Bert’s provides dog boarding, dog day care and grooming services. The Customer hereby engages Rags & Bert’s to provide the services for his or her dog. Please note that our operating hours are between 7am to 7pm every day. No drop offs or collections are allowed outside of these hours unless previously agreed with us. 1 DUTY TO DISCLOSE You represent and warrant to Rags & Bert’s that: 1.1 You are the rightful owner or caretaker of the dog, and your signature below is sufficient to enter into this Agreement for and on behalf of any other owner or representative of the dog, and you are executing this Agreement for the dog, yourself or your heirs, successors, representatives or assigns; 1.2 The dog is up to date on all required vaccinations and such other vaccinations as is required by Rags & Bert’s. You agree to provide documents confirming such vaccinations as requested by Rags & Bert’s, and shall provide proof of vaccinations for DHPP vaccine and Leptospirosis prior to any entry at the Rags & Bert’s facilities or evaluation made by Rags & Bert’s and no vaccinations have occurred within 2 weeks preceding start of booking; 1.3 Unless otherwise disclosed to Rags & Bert’s, the dog is housebroken and the dog is not prone to chewing, scratching, digging or other destructive behaviour; 1.4 The dog is free of fleas, ticks, worms and other insects and parasites; 1.5 The dog has no current illness or injury, except as has been disclosed to Rags & Bert’s; 1.6 The dog has not bitten, or exhibited other aggressive behaviour, towards any person or animal, except as has been previously disclosed to Rags & Bert’s; 1.7 You have advised us if your dog is in season or due to come in to season; 1.8 You have 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 behaviours that may affect, limit or prevent the dog’s ability to participate in play time or otherwise attend the Rags & Bert’s facilities. 2 ACCEPTANCE OF RISK 2.1 Unless you have otherwise instructed to the contrary, you acknowledge and agree that your dog may encounter and be permitted to interact and play with other dogs and with Rags & Bert’s staff members. 2.2 You acknowledge that when dogs play in groups that nicks, bites or scratches may occur, and Rags & Bert’s may or may not notify you immediately if the dog sustains any nicks, bites or scratches. 2.3 You further acknowledge that animals are unpredictable and that there is a possibility of injury, sickness and illness or death to the dog or to another animal or person. We reserve the right to act in the best interests of the dog at all times. Therefore, in consideration of the services rendered by Rags & Bert’s, you hereby waive and release Rags & Bert’s, and our managers, advertisers, owners, officers, directors, employees, volunteers, agents, and any parties owning, controlling or having any interest in the property where the Rags & Bert’s facility is located, and all other representatives or agents of Rags & Bert’s (collectively, “Rags & Bert’s 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 Rags & Bert’s 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 Rags & Bert’s facilities, except to the extent such illness or injury is the result of Rags & Bert’s gross negligence or intentional misconduct, and you agree not to initiate any legal proceedings against the Company or any Rags & Bert’s 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. 2.4 Due to the nature of the day care and lack of confinement, we accept no responsibility should your dog become pregnant. It is your duty to ensure your dog is neutered or spayed and we highly recommend this is done. Place priority is given to spayed and neutered dogs. 2.5 During your dog’s stay with us, we may offer them treats. You accept and agree that your dog can eat the treats we give to them unless you have told us not to. 2.6 When using our self-wash dog wash facility and equipment, you agree that you understand how to operate all equipment, and you further acknowledge that you use our property and equipment at your own risk. We are available to provide you with assistance however it is your sole responsibility to ensure you use the equipment in the appropriate manner. 3 INDEMNIFICATION FOR THE SERVICES RENDERED BY RAGS & BERT’S, YOU WILL INDEMNIFY, DEFEND AND HOLD RAGS & BERT’S AND RAGS & BERT’S PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING LEGAL 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 RAGS & BERT’S FACILITY), OR OTHERWISE RELATED TO ANY AND ALL ACTS OF BEHAVIOUR OF THEIR DOG(S), WHICH MAY INCLUDE, WITHOUT LIMITATION, INJURY OR DEATH TO A DOG OR ANIMAL AT THE FACILITY OR INJURY OR DEATH TO A STAFF MEMBER OF RAGS & BERT’S OR ANY OTHER MEMBER OF THE PUBLIC. IN NO EVENT WILL RAGS & BERT’S OR ANY RAGS & BERT’S PARTY BE HELD LIABLE FOR SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THEIR POSSIBLE EXISTENCE. 4 EVALUATION & PARTICIPATION Rags & Bert’s may require an evaluation or assessment of your dog(s) prior to engaging in dog boarding or joining the dog day care. Proof of current vaccinations, including DHPP vaccine and Leptospirosis are required prior to evaluation. You understand that if an evaluation 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 your dog(s). You are not permitted to attend this evaluation. After evaluation is complete, Rags & Bert’s reserves all rights to refuse to provide dog care services for any reason in their sole and absolute discretion. Further, you understand that participation in play time is at the sole discretion of the Rags & Bert’s team, and the dogs may be separated from other dogs or asked to leave for any reason at Rags & Bert’s sole discretion. 5 PAYMENT You agree to pay all fees for boarding, day care services, veterinary services and grooming or other services owed on the day of pick up for any scheduled booking under this Agreement. BOARDING – PEAK* (MINIMUM OF 4 NIGHTS)PaymentsWhen booking more than 30 days prior to Check In Date:Deposit = 40% of total stay (not refundable)30 Days Prior to Check In Date: Remaining balance of booking (not refundable)When booking less than 30 days prior to Check In Date: Full Payment required at time of booking (not refundable)Amendments (a minimum of 50% of the original booking dates must remain)More than 30 days prior to Check In Date: Dates may be amended, subject to availability. (£28 admin charge applicable if number of nights are reduced)**Less than 30 days prior to Check In Date: No Amendments Allowed. (Additional nights may be added, subject to availability)CancellationsMore than 30 days prior to Check In Date: Loss of 40% DepositLess than 30 days prior to Check In Date: Loss of 100% of Booking Cost* A Peak booking is any booking containing one or more peak-night dates**Please note the 40% deposit is non-refundable. If your amendment brings the cost of your booking below the amount of the 40% paid, the difference will not be refunded.Rags and Berts Ts & Cs p2BOARDING - OFF PEAKPaymentsWhen booking more than 30 days prior to Check In Date: Deposit = Cost of 1 Night Stay (not refundable)30 Days Prior to Check In Date: Remaining balance of booking (not refundable)When Booking less than 30 days prior to Check In Date: Full Payment required at time of booking (not refundable)AmendmentsMore than 14 days prior to Check In Date: Dates may be amended, subject to availability. (£28 admin charge applicable if number of nights are reduced)Less than 14 days prior to Check In Date: No Amendments Allowed. (Additional nights may be added, subject to availability)CancellationsMore than 30 days prior to Check In Date: Loss of 1 Night Stay DepositLess than 30 days prior to Check In Date: Loss of 100% of Booking CostDAYCARE/DAY BOARDING - AD HOCPayments Bookings can only be made up to 30 days in advance:Full payment taken at time of booking (not refundable)AmendmentsMore than 72 hours prior to Check In Date: Dates may be amended once.Less than 72 hours prior to Check In Date: No Amendments AllowedCancellationsLoss of 100% of Booking CostDAYCARE - SUBSCRIPTION 51 WEEKS PER YEARDay AmendmentsMore than 48 hours prior to Check In Date: You may change your booking to an alternative day of the same week, depending on availabilityLess than 48 hours prior to Check In Date: No Changes allowed.Daycare Flexi CreditsAll Daycare subscribers can cancel up to three weeks of care within a 12-month period without penalty. Any cancelled days will be converted into Daycare Flexi Credits (no monetary refund). These credits can be used at a later date chosen by the subscriber, subject to availability. All request must be sent in writing, a minimum of 14 days prior to the week required cancelling.Example:If a subscriber attends 2 days per week and plans a 2-week holiday, they may cancel those 4 days. The 4 cancelled days will be saved as Flexi Credits for future use. After this, the subscriber would still have 1 week (2 days) of cancellations available within their 12-month period.Subscription Cancellation30 days notice must be given in writing: Any outstanding Daycare Credits and Flexi Credits must be used within the 30 day notice periodTRAINING PACKAGESPayments Full payment taken at time of booking (not refundable)Amendments : No Amendments Allowed.Cancellations: Loss of 100% of Booking Cost6 PERSONAL PROPERTY You agree that no Rags & Bert’s Party shall be responsible or liable for any lost, stolen or damaged personal property belonging either to you or the dog. You also understand and agree that the dog’s collar may be removed in the play area to prevent injury to any dog. 7 PHOTOS AND MARKETING You agree to allow Rags & Bert’s to use your dog’s name and any images or likeness of your dog taken while the dog is at the Rags & Bert’s facility, in any form or format, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional materials.8 OTHER DOCUMENTATION The terms of this Agreement will govern any booking form, dog information sheet, instructions from you or other document relating to services to be provided by Rags & Bert’s. 9. THIRD PARTY LIABILITIES From time to time we use the services of a professionally qualified Dog Trainer who is licensed, vetted and insured. When using their services, you are bound by their terms and conditions, and it is your responsibility to ensure you are aware and understand the terms prior to booking any training or classes with them. 10 GOVERNING LAW This Agreement is governed by English Law, without regard to conflicts of law principles. Rags & Bert’s and You 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 the United Kingdom, and each of them hereby consents and submits to the nonexclusive jurisdiction of any local court located within the United Kingdom. Provision of any services implies you have understood and agreed to these terms and conditions. 11 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. Rags & Bert’s 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. 12 COLLECTION OF DOGS 12.1 To ensure the safety of your dog, we request that one person leave and collect the dog. If you need to nominate another person, we ask that you inform us of the name and phone number of the nominated person. We will require the nominated person to identify him/herself with photographic identification prior to the dog being released. If any additional costs are incurred by Rags and Bert’s under the term of this clause, you agree that you are liable for these. 12.2 Any dogs collected after 7pm will incur a late collection fee. 13. ABANDONMENT You understand and agree that if your dog is not picked up within 12 hours after the agreed pick up date, the dog shall be deemed to be abandoned and additional boarding charges shall apply, and in such event, Rags & Bert’s 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 the local authority dog warden, or place the dog in a new home with a new owner, with no recourse by Owner against Rags & Bert’s or any Rags & Bert’s Party. YOU FULLY UNDERSTAND AND AGREE THAT IF YOU ABANDON YOUR DOG AT THE RAGS & BERT’S FACILITY, YOU MAY BE UNABLE TO RETRIEVE POSSESSION OF YOUR DOG AND WILL HAVE NO RECOURSE AGAINST ANY RAGS & BERT’S PARTY. FURTHERMORE, YOU MAY BE PROSECUTED UNDER THE ANIMAL WELFARE ACT OF 2006. 14. DOG CRATES Crating when used appropriately for short time periods is helpful with a variety of important goals, including house training, preventing destructive behaviour, and teaching a dog to settle and relax. Dogs will not be kept in crates within the facility or outdoors unless written consent has been given by the owner. Crating will only be done for short time not exceeding 1 hour in each 24-hour period. VETERINARIAN LIABILITY AND CARE We will contact you immediately should your dog become ill. If you cannot be contacted within a reasonable time, we reserve the right to seek appropriate and swift veterinary attention and treatment according to your guidance as below. In the event that Customer’s dog should need veterinary services while in the care of the Rags & Bert’s Save my dog regardless of the cost of any necessary treatment, medication, or surgical procedures. If a dog passes away at the Rags & Bert’s facility, it will be brought to its or the nearest veterinarian. CUSTOMER AGREES THAT CUSTOMER 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. Name ____________________________________________ Signature _________________________________________ Date __________________________ We would normally take your dog to Castle Hill Vets, it being the nearest vet to our premises.