SERVICE AGREEMENT OF DOG BOARDING OF SAN ANTONIO
This Service Agreement (“Agreement”) is entered into on this __________ day of __________, 20, (“Effective Date”) between Nicole Castillo, hereinafter referred to as “Owner,” and Dog Boarding of San Antonio, a business operating under the name “Dog Boarding of San Antonio,” with a business address at San Antonio, TX 78254, and contact number 210-999-0882, hereinafter referred to as the “Provider.”
1. Scope of Services:
The Provider agrees to provide dog boarding services for the Owner’s dog(s) at the address specified above.
2. Duration of Services:
The services outlined in this Agreement will be provided for the duration of the boarding period specified for each reservation. The Agreement shall remain in effect only during the specific periods of service and shall automatically terminate upon the completion of each boarding reservation.
3. Payment Terms:
Payment for services rendered will be made by the Owner to the Provider after the completion of the service. The exact payment amount will be communicated and agreed upon before each service period.
4. Warranty and Guarantee:
No warranties or guarantees are being offered by the Provider in relation to the dog boarding services. The Provider does not guarantee the behavior, health, or any specific outcomes of the dogs during the boarding period. The Owner acknowledges and agrees that the services are provided as-is, and any issues or outcomes are subject to various factors beyond the Provider’s control.
5. Intellectual Property Rights:
There are no intellectual property rights involved in the provision of dog boarding services under this Agreement.
6. Termination and Cancellation:
a. Cancellation/Modification Policy: To cancel or modify a reservation, the Owner must provide notice during business hours within 72 hours before the scheduled service date. Failure to provide 72 hours’ notice will result in a charge of one full day of daycare or the entire boarding reservation charge, as applicable.
b. Provider’s Right to Terminate:
The Provider reserves the right to terminate this Agreement and refuse or discontinue services at any time, with or without cause, upon providing written notice to the Owner. Reasons for termination may include but are not limited to, safety concerns, non-compliance with policies, aggressive behavior of the dog(s), or any other reason deemed appropriate by the Provider.
c. Refunds upon Termination:
In the event of termination by the Provider, any pre-paid amounts for future services beyond the termination date will be refunded to the Owner on a prorated basis, less any charges incurred due to non-compliance with the cancellation policy or any other applicable charges.
7. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas.
8. Entire Agreement:
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
9. Miscellaneous:
Any modification or amendment to this Agreement must be in writing and signed by both parties. This Agreement may not be assigned by either party without the prior written consent of the other party.
10. Liability and Indemnification:
The Provider agrees to exercise reasonable care and diligence in the provision of dog boarding services. However, the Owner acknowledges and agrees that the Provider shall not be liable for any injuries, accidents, illnesses, or losses that may occur to the dog(s) during the boarding period. The Owner further agrees to indemnify and hold the Provider harmless from any claims, damages, or liabilities arising out of or related to the dog’s behavior, health, or any other issues during the boarding period.
11. Health and Vaccinations:
The Owner warrants that the dog(s) to be boarded are up-to-date on all required vaccinations, including but not limited to rabies, DPP (Distemper, Parvovirus & Parainfluenza) with Adenovirus, and Bordetella. The Owner agrees to provide proof of vaccinations upon request by the Provider. In the event that a dog shows signs of illness during the boarding period, the Provider reserves the right to seek veterinary care for the dog at the Owner’s expense.
12. Emergency Contact and Veterinary Care:
The Owner shall provide accurate and up-to-date emergency contact information. In the event of an emergency or if the dog requires veterinary care, the Provider shall make reasonable efforts to contact the Owner or the designated emergency contact. If unable to reach the Owner or emergency contact, the Provider is authorized to seek veterinary care for the dog as deemed necessary.
13. Confidentiality:
Both parties acknowledge and agree that any information shared between them in the course of this agreement, including but not limited to contact details, payment information, and any personal information about the dog(s), shall be treated as confidential and shall not be disclosed to any third parties without the consent of the other party.
14. Force Majeure:
Neither party shall be held liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, or government regulations.
15. Severability:
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.
16. Waiver:
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time.
17. Dispute Resolution:
Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation and mutual agreement between the parties. If resolution cannot be reached, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.
18. Amendments:
This Agreement may only be amended or modified in writing and signed by both parties.
19. Counterparts:
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
20. No Show Policy:
In the event that the Owner fails to show up for a scheduled boarding reservation without providing prior notice of cancellation or modification, a “No Show” fee will be charged. The “No Show” fee will be equivalent to [insert the amount or percentage] of the total boarding reservation charge for the period of the reservation.
a. Charging the “No Show” Fee:
The “No Show” fee will be charged to the payment method on file or through an alternate method as agreed upon by both parties. This fee compensates the Provider for the reserved space that could have been provided to other clients.
b. Repeat “No Show” Instances:
Repeated instances of “No Show” may result in limitations or restrictions on future reservations at the discretion of the Provider.
c. Refunds and Credits:
The “No Show” fee is non-refundable. It will not be credited towards future services or reservations.
21. Protection of Business Name and Personal Property:
The Provider acknowledges that the business name “Dog Boarding of San Antonio” is the exclusive property of the Owner, Nicole Castillo. The Provider shall not use, reproduce, or distribute the business name for any purpose other than providing the agreed-upon dog boarding services under this Agreement. The Owner also retains all rights and ownership of any personal property entrusted to the Provider during the boarding period.
22. No Unauthorized Use of Business Name:
The Provider shall not use the business name “Dog Boarding of San Antonio” for any marketing, advertising, or promotional purposes without obtaining prior written consent from the Owner.
23. Loopholes and Unforeseen Circumstances:
Both parties acknowledge that this Agreement is drafted in good faith to cover a wide range of foreseeable circumstances. However, in the event that unforeseen circumstances arise that are not explicitly covered by this Agreement, both parties agree to engage in open and reasonable discussions to reach a mutually agreeable solution. This clause is intended to foster cooperation and problem-solving in cases where the strict interpretation of the contract may not fully address unique situations
24. Incident of Injury to Another Pet:
In the event that the Owner’s dog causes injury to another pet or animal during the boarding period, the Owner agrees to assume full responsibility for any liabilities, costs, damages, or legal actions that may arise as a result of such incident. The Provider shall not be held liable for any injuries, damages, or losses incurred by the injured pet or its owner due to the actions of the Owner’s dog. The Owner further agrees to indemnify and hold the Provider harmless from any claims, demands, suits, or actions related to the injury caused by the Owner’s dog to another pet or animal
25. Certain Criteria for Boarding Eligibility:
All dogs intended for boarding must meet specific criteria. They must be spayed or neutered and must have reached a minimum age of 4 months. The Owner agrees to provide accurate and verifiable documentation of the dog’s spaying/neutering status and age upon request by the Provider. The Provider reserves the right to refuse boarding services if the dog does not meet these eligibility criteria.
26. Photograph and Video Release:
The Owner hereby grants permission to the Provider to take photographs and videos of the Owner’s dog(s) during the boarding period. These photographs and videos may be used for the purposes of publication and promotion, including but not limited to the Provider’s website, social media accounts, advertising materials, and other promotional activities. The Owner acknowledges that no compensation will be provided for the use of these photographs and videos. This permission extends to both current and future boarding reservations, unless otherwise specified in writing by the Owner.
27. Aggressive Behavior:
The Provider retains the right to terminate this Agreement in the event of the dog exhibiting aggressive behavior. This termination may occur without prior notice if the Provider deems such action necessary for the safety of other pets, staff, or clients. The Provider shall not be held responsible for any liabilities or losses incurred by the Owner due to the termination resulting from the dog’s aggressive behavior.
28. Pet Surrender:
If the Owner fails to pay all charges related to the boarding services and/or fails to claim the pet animal within a period of 3 days following the completion of the boarding reservation, the Provider shall have the right to assume possession of the pet animal. In such cases, the Provider may take appropriate measures, including rehoming or transferring the pet animal to a suitable facility. The Provider shall not be liable for any losses or damages incurred by the Owner due to the surrender of the pet animal as described above.
29. Owner’s Certifications:
The Owner hereby certifies the following in relation to the dog(s) being boarded:
- Legal Ownership: The Owner certifies that they are the legal owner of the dog(s) and have the authority to enter into this Agreement on behalf of the dog(s).
- Health Certification: The Owner certifies that the dog(s) are in good health and free from any known medical conditions or illnesses at the time of admission.
- Non-Threatening Behavior: The Owner certifies that the dog(s) have not exhibited aggression, threatening behavior, or caused harm to any person(s) or other dogs.
- Good Health Period: The Owner certifies that the dog(s) have not experienced any illness or medical condition within the 30 days prior to the admission date.
The Owner acknowledges that providing false information in these certifications may lead to the immediate termination of this Agreement and forfeiture of any charges paid. The Provider shall not be held liable for any issues arising from the Owner’s certifications.
30. Flea Protection Requirement and Disclaimer:
All dogs intending to be boarded must have up-to-date flea protection. The Owner acknowledges the importance of maintaining proper flea protection for their dog(s) and agrees to ensure their dog(s) are adequately protected against fleas before the boarding period.
The Provider, Dog Boarding of San Antonio, shall not be held responsible if the Owner’s dog contracts fleas during or after the boarding period. While reasonable measures will be taken by the Provider to maintain a clean and pest-free environment, the Owner acknowledges that the presence of fleas can result from various factors beyond the Provider’s control. The Owner assumes full responsibility for any flea-related issues that may arise with their dog(s) following the boarding period.
IN WITNESS WHEREOF, the parties hereto have executed this Service Agreement as of the Effective Date.