During the training period, the following basic commands will be taught: sit, down, come, heel, place, and let's go.
THIS AGREEMENT ("Agreement") is by and between Elkhorn Dog Services LLC and the Owner of the Dog, (hereinafter referred to as “Client”) and entered into for the sole purpose of hiring Elkhorn Dog Services to day train the Client’s dog in basic obedience.
- I certify that my dog is in good health and has not been ill with any communicable diseases within the past 30 days. I certify that my dog has not been exposed to Rabies, Distemper, Hepatitis, Leptospirosis, Parainfluenza, Parvovirus, Bordetella (Kennel Cough) Papilloma’s or Conjunctivitis within a 30-day period prior to boarding.
- I acknowledge that my dogs are trained or groomed, or otherwise handled or cared for by Elkhorn Dog Services LLC personnel without liability on the part of Elkhorn Dog Services LLC representatives for loss or damage from disease, running away, theft, fire, injury to persons, other pets, or property by said pet, or other unavoidable causes, care having been duly exercised.
- If my dog is found to have fleas and/or ticks when present while boarding, it will be bathed at my expense.
- I understand, agree and authorize, at my expense, that if in Elkhorn Dog Services LLC opinion my dog is in need of medical attention, that medical or emergency services will be sought. I further understand and agree that Midway Small Animal Clinic will also be contacted and Elkhorn Dog Services LLC will proceed per their instructions.
My initials indicate that I certify and agree that all the information I have provided above is true, complete and accurate.
HOLD HARMLESS: The client will hold Elkhorn Dog Services LLC its owners, agents, employees, volunteers, subcontractors and associates free and harmless from any and all claims, liability, damage, loss, or expenses arising out of any injury to any person or to any person’s property by the dog(s) named in this contract.
RELEASE OF LIABILITY: Client understands that Elkhorn Dog Services LLC offers kennel free activities, and as such will play, eat, interact and sleep with other dogs and that there are inherent risks associated with dogs boarding in this environment including but not limited to injuries due to normal play, rough play, scuffles, fights and attempts to escape and run away despite Elkhorn Dog Services LLC best efforts to minimize such risks. Client further understands that despite the best care boarded pets are susceptible to and can develop loose stools, severe diarrhea, hot spots, weight loss, weight gain and excessive shedding. Client agrees to fully release from liability Elkhorn Dog Services LLC, its owners, agents, employees, volunteers, subcontractors and associates should their dog become injured, gets fleas, ticks or worms, becomes pregnant, escapes or runs away, or contracts any malady, illness or disease during or after all services provided by Elkhorn Dog Services LLC, on or off Elkhorn Dog Services LLC Premises, at Clients Home or Business or any other location. Client fully accepts these risks and agrees that Elkhorn Dog Services LLC shall not be held responsible for it or any resulting injuries, losses, damages, costs or expenses.
ARBITRATION: In the event a dispute shall arise between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to The American Arbitration Association. The situs of the hearing shall be in the Commonwealth of Kentucky, County Of Woodford for arbitration in accordance with The American Arbitration Association Rules and Procedures. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including all reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.
SOLE AGREEMENT: This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between Client and Elkhorn Dog Services LLC regarding the matters as described on Page1 of 2 and on Page 2 of 2. The parties confirm that, except for that which is specifically written in this Agreement, no promises, representations or oral understandings have been made with regard to the Dog or anything else.
CLIENT SIGNATURE AND AUTHORIZATION: By typing my name below, I agree that I have read, acknowledge and agree to all terms, conditions and legal provisions as set forth in this form which represents this entire agreement. My initials and signature on page 1 and 2 of this agreement are proof of my acceptance of this entire agreement. I agree to pay promptly, in full and prior to my dogs stay with Elkhorn Dog Services LLC and after for any additional incurred charges. I will be solely responsible for payment of any charges incurred for any veterinary care and treatment. I further authorize Elkhorn Dog Services LLC to charge my credit card if it was provided as payment for services. This agreement has no time limit and is valid and enforceable for any and all future stays for my dog(s) with Elkhorn Dog Services LLC unless my information or my dog's information has changed in which case it is my sole responsibility to notify Elkhorn Dog Services LLC of any changes.
If, at the completion of the training the dog is not picked up by the owner and payment made of all charges, including applicable medical and veterinarian charges as provided herein, Danielle Doth and Elkhorn Dog Services LLC shall notify owner by certified mail at the address provided above that the dog will be held for an additional 10 days following the date of mailing of notice. At the end of said 10 day period, if the dog is not picked up by the owner and all charges paid in full (including additional boarding charges), then the owner agrees that Danielle Doth and Elkhorn Dog Services LLC may, at its option:
1. Sell the dog at public or private sale;
2. Return the dog to the owner;
3. Cause the dog to be euthanized, if, in the judgment of Danielle Doth and Elkhorn Dog Services LLC, the history of behavior of the dog does not make it suitable as a pet.
The proceeds of any sale shall first be applied to the charges of Danielle Doth and Elkhorn Dog Services LLC, and the balance, if any, shall be returned to the owner's address as shown above.
Owner understands that participating in training does not guarantee the performance or behavior of their dog(s). Information and instruction is provided strictly as guidelines and Danielle Doth and Elkhorn Dog Services LLC cannot predict the behavior or obedience of their dog in the future.
Owner represents that owner is the legal owner of the dog; that the dog is free and clear of any encumbrance; that the dog had not been exposed to distemper, rabies or parvovirus within that past thirty (30) days; that the dog has been inoculated as disclosed in the intake form; is free of worms, heartworm, and fleas; that the dog is currently and properly licensed; and that owner has read this agreement in its entirety.
I hereby agree to indemnify and hold harmless Danielle Doth and Elkhorn Dog Services LLC from any claims, liability, suits, or any other actions resulting from any damages, losses, injuries or death caused by (1) the services being provided under the terms of this Agreement including, but not limited to, the involvement of the undersigned owners or owner's dog in the activities or services provided under this Agreement, and (2) the actions of another dog owner or his dog. Should it be necessary for Danielle Doth and Elkhorn Dog Services LLC. to enforce the terms of this Agreement, I shall be responsible for all of the fees and costs relating to such enforcement, including, but not limited to, any attorney fees incurred by Danielle Doth and Elkhorn Dog Services LLC. This document shall be governed by and construed in accordance with the laws of the State of Kentucky and I agree that the Kentucky District Court for Woodford County shall have exclusive jurisdiction regarding any claim arising out of this document or any other action which I may have against Danielle Doth and Elkhorn Dog Services LLC.
This agreement is made on the date set forth below between Danielle Doth and Elkhorn Dog Services LLC and the undersigned owner(s), for provision of the services set forth herein, and subject to the terms set forth in this agreement.
By typing my name below, I agree that I have read this agreement in full, and agree to the terms set forth.