This agreement is between Peach on a Leash LLC (hereafter referred to as POAL) and the above-named pet owner (hereinafter referred to Pet Owner). Pet Owner hereby requests POAL provide the service(s) specified in this contract. Pet Owner will provide proof that the above-named dog is current on all vaccinations and will attest that the dog is in good health as of the date of this contract.
WHEREAS, I, as Pet Owner, am enrolling my dog in board & train, I understand and agree to all the following statements and terms contained within this Waiver and Release agreement; WHEREAS, Pet Owner recognizes and understands that their animal will be in close proximity to other animals during their time in boarding/training and that there may be activities their animal may participate in including running, jumping, and playing, and that such activities can cause injury. Pet Owner recognizes and understands that due to being in close proximity to other animals, although we take every possible precaution and safeguard, there is inherent risk of transmissible illness such as kennel cough or intestinal parasites, and Pet Owner agrees they are responsible for any medical costs during or after the board and train.
The parties do agree as follows:
- POAL agrees to exercise reasonable care to maintain a clean, safe, and secure environment for the dog while on POAL's property. Provided that POAL has exercised reasonable care, POAL, its contractors, and Alexandra Sessa shall not be liable for any loss or damage to Pet Owner or Pet Owner's dog, including specifically but without limitations, disease, theft, escape, death or injury, except that which may arise from the sole gross negligence or intentional and willful misconduct of POAL. Pet owner understands and specifically acknowledges and agrees that POAL's liability, of any circumstance related to the dog, will not exceed the current value of a dog of the same breed as the one in POAL's care.
- Except for the sole gross negligence or intentional and willful misconduct of POAL, Pet Owner agrees that POAL, its contractors, and Alexandra Sessa shall not be liable for harm to a person, other animals or property caused by Pet Owner's dog and Pet Owner shall indemnify POAL, its contractors, and Alexandra Sessa from any liability for any damages caused by Pet Owner's dog. POAL has the right to refuse any dog that could jeopardize the health or safety of POAL's agents, trainers, contractors, clients or other dogs and to terminate this Agreement. No refunds will be issued for board and trains already completed.
- Pet Owner has read and understands this Waiver and Release and understands all liabilities, risks and the financial obligations of the parties. Pet Owner hereby agrees to its terms and releases, indemnifies, and holds harmless POAL, its staff, agents, administrators, heirs, and contractors from any and all manner of damages, claims, losses, liabilities, costs or expenses, causes of action or suits, whatsoever in law or equity (including, without limitation, attorney's fees and related costs) associated with Pet Owner's and/or Pet Owner's dog's participation in board & train.
- 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 shall apply Georgia law to the merits of any dispute or claim, without reference to conflict of law rules. The parties have read and understand this clause, 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.
- This Agreement covers the current relationship between POAL and yourself. Each time you bring your dog to POAL, you affirm the terms of this Waiver and Release Agreement and the truthfulness and accuracy of all statements you make in this Agreement.
