By clicking “I Agree,” you acknowledge and confirm that this Dog Daycare and Boarding Agreement (the “Agreement”) becomes effective as of the date of your electronic acceptance and constitutes a binding agreement between you (the “Owner”) and Pup Culture LLC (the “Provider”). You and the Provider may each be referred to as a “Party” and together as the “Parties.”
1. Dog Information.
Owner represents and warrants that they are the legal owner or authorized handler of the dog identified in the booking request (the “Dog”); that all information provided is true and accurate; that the Dog is and shall remain for the duration of the daycare and/or boarding period, current on all vaccinations, required by law and industry standards, including but not limited to Rabies, DHPP/DAPP, and Bordetella, and that the Dog is free from any contagious illness at the time of daycare and/or boarding. Any breach of this representation shall constitute a material breach of this Agreement and shall entitle Provider, in its sole discretion, to immediately terminate services and to require immediate pickup of the Dog at Owner’s expense, without refund of any fees paid.
2. Fees and Payment.
Late pickups and extensions may result in additional charges. Provider may pursue any lawful remedies for unpaid balances.
3. Veterinary Care Authorization.
In the event of illness, injury, or emergency, if reasonable attempts to contact Owner are unsuccessful, Provider is authorized, at their sole discretion, to obtain any veterinary care or treatment deemed necessary, up to a maximum cost of $2,500. Owner shall be fully and unconditionally responsible for all associated costs, fees, and expenses, and agrees to reimburse the Provider in full immediately upon request, and to hold the Provider harmless from any liability, claims, or damages arising from such care.
4. Medications and Special Care.
Owner shall provide written instructions and all necessary supplies for any medication or special care. Provider shall exercise reasonable care but makes no warranties regarding results or outcomes.
5. Behavioral Representations.
Owner represents and warrants that the Dog has no known history of aggressive, dangerous, or biting behavior, including behavior not previously resulting in injury, except as disclosed to Provider, in writing, prior to the commencement of daycare and/or boarding.
Provider may immediately terminate services if the Dog poses a risk to persons or animals, without refund of any fees paid.
6. Property.
All personal items provided by Owner are left at Owner’s sole risk. Provider shall not be liable for loss, damage, or destruction of personal property.
If the Dog causes damage to Provider’s property, including but not limited to furniture, flooring, walls, personal items, or equipment, Owner agrees to be financially responsible for the cost of repair or replacement. Charges will be billed to Owner accordingly and shall be due and payable upon demand.
7. Assumption of Risk.
Owner acknowledges that boarding and caring for dogs involves inherent risks, including but not limited to illness, injury, property damage, or death, even when reasonable care is exercised.
Provider shall be responsible for any loss, damage, or injury resulting from Provider’s negligence. Negligence shall include, but not be limited to, failure to exercise reasonable care, failure to properly secure the dog, failure to follow agreed handling, supervision, or safety procedures, or failure to intervene when dogs engage in behavior that a reasonably prudent provider would recognize as posing an unreasonable risk of injury, including excessively rough or unsafe play.
Provider’s liability for damages arising from negligence shall not be subject to any limitation or cap.
Except as expressly stated above, Owner knowingly and voluntarily assumes all inherent risks associated with daycare and/or boarding and care.
8. Limitation of Liability.
To the fullest extent permitted by Montana law, Owner hereby releases, waives, discharges, and covenants not to sue Provider, its employees, agents, or contractors from any and all claims, demands, damages, losses, liabilities, or causes of action arising out of or related to the Dog’s daycare and/or boarding stay, except where caused by Provider’s negligence or willful misconduct.
Except for damages arising from Provider’s negligence or willful misconduct, in no event shall Provider’s liability exceed the total amount paid by Owner for the Dog’s current daycare and/or boarding stay.
9. Indemnification.
Owner agrees to indemnify, defend, and hold harmless Provider from any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of (i) the Dog’s behavior, (ii) any misrepresentation by Owner, and (iii) any injury or damage caused by the Dog to persons, animals, or property.
10. Governing Law.
This Agreement shall be governed by the laws of the State of Montana. The venue for any dispute shall lie exclusively in the county where Provider’s principal place of business is located.
11. Severability.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings. Any modification must be in writing and signed by both Parties.