Elite Pro K9 Kampus
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Boarding ContractPet Sitting Contract
1. Pet Sitter agrees to exercise due and reasonable care to board the Dog
for the Owner. Pet Sitter does not assume and shall not be held responsible
for any liability with respect to the Dog listed in this agreement, of any kind,
character, or nature whatsoever, arising out of or from the boarding of this
Dog, or any damages which may accrue from any other cause whatsoever,
including loss by fire, theft, running away, injury to persons, animals or
property, unavoidable causes, or death or injury to any other animal caused by the within named Dog during the term of this contract, whether this Dog be on the premises of the Pet Sitter or not. Owner hereby agrees to be and is solely responsible for any and all acts of behavior of said Dog at any time within the term and time for the contract. In no case shall the Pet Sitter be in any way
liable or responsible.
2. Under no circumstances shall the Pet Sitter be liable to the Owner or any third party in an amount exceeding the sum of One Hundred Dollars
($100.00). Owner agrees not to claim any damages against said Pet Sitter of any nature whatsoever, either by way of contract, equity, negligence or
otherwise, in excess of said sum.
3. Owner specifically covenants, warrants and represents the following:
A. He/she is the sole owner of said animal;
B. There is not now any lien or mortgage against said animal; and
C. The animal has not been exposed to distemper or rabies within the
last thirty days, and that the required annual license has been obtained.
4. Pet Sitter shall have, and Owner hereby grants to Pet Sitter, a lien on the aforesaid animal for any and all unpaid boarding and/or other charges
resulting from the boarding of said animal within the Pet Sitter. The Owner
hereby agrees that in the event the monthly or weekly boarding charges are
not paid within thirty days after they become due an payable in accordance
with the terms of this contract, the Pet Sitter may exercise its lien rights, and
ten days after notice to Owner may dispose of said animal for any and all
unpaid charges, at private or public sale, and Owner specifically waives and
claims if such sale does not secure a price adequate to pay such costs of
board and/or other charges delinquent plus costs of sale, then Owner shall
and must pay to Pet Sitter the difference. Any monies realized by the Pet Sitter at such a sale, over and above the charges due and cost of sale shall be
returned to the Owner. Notice shall be conclusively deemed to have been
given pursuant to this paragraph if notice in writing of such intended sale shall be mailed by registered mail to the Owner of the within named animal at the
address given herein, and no further notice shall be required.
5. If the animal becomes ill, or Pet Sitter suspects animal is ill, the Owner
shall be notified at once, collect, if possible, or such attempt shall be made to
so notify the Owner, and if Owner does not immediately inform the Pet Sitter
regarding measures to be taken or if the state of the Dog’s health requires
quick action, the right to all a veterinarian or to administer medicine or to give advisable attention within the discretion of the Pet Sitter, and such expenses being reasonable in amount shall e promptly paid by Owner.
6. Unless Owner files with Pet Sitter, within thirty days from the date the
animal is removed from Pet Sitter, a written demand for any claimed injury or
damages resulting from the boarding of said Dog under this contract, said
Owner shall and does hereby waive any and all rights which he may have
against the Pet Sitter for any liability arising under this contract, for damages, or otherwise.
7. The animal may to be taken off premises by the Pet Sitter without the
consent of the Owner.
8. Owner personally guarantees full payment of the boarding fees. Interest
charged on an overdue bill shall be at the maximum rate allowed by law, but
not to exceed 1.5% per month, compounded daily.
9. Owner hereby attaches proof of current rabies immunization, distemper, hepatitis, leptospirosis and canine cough vaccinations as required by law.
The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. If any provision of this
Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
11. No Waiver
The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the
waiver of any breach of any of the terms and conditions of this Agreement,
shall not be construed as subsequently waiving any such terms and
conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
12. Governing Law
This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Florida.
Any notice provided for or concerning this Agreement shall be in writing
and shall be deemed sufficiently given when sent by certified or registered
mail if sent to the respective address of each party as set forth at the
beginning of this Agreement.
14. Attorney’s Fees
In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for
the successful party's attorney fees.
15. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator,
each party shall select one arbitrator and both arbitrators shall then select a
third. The third arbitrator so selected shall arbitrate said dispute. The
arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
16. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
17. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by
either party in connection with this Agreement shall be binding only if placed
in writing and signed by each party or an authorized representative of each
18. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
19. In this contract, any reference to a party includes that party's heirs,
executors, administrators, successors and assigns, singular includes plural
and masculine includes feminine.
General Liability Waiver
Elite Pro K9 Kampus employs extensive safety and sanitary precautions to ensure your pets safety and health. Despite reasonable and prudent efforts, some pets may experience common injuries normal pet activities. By signing this agreement, you (the client) agree to relieve Elite Pro K9 Kampus, and it's agents from any and all liabilities, and/or costs associated with any veterinary care, symptoms or discomfort of your pet related to or presenting after services rendered by Elite Pro K9 Kampus. The pursuit of any veterinary, behavioral, or rehabilitational services, and the payment there of, is the sole responsibility of the pet owner. Additionally, you agree to relieve Elite Pro K9 Kampus and its agents from any and all liability associated with damages to person, pet, or property by or relating to services rendered or service equipment used by Elite Pro K9 Kampus and it's agents.
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