ASSUMPTION OF RISK, LIABILITY RELEASE,
AND WAIVER AGREEMENT
I, the undersigned, hereby agree to the following:
1. Acknowledgment of Risks: I understand that the services provided by Better Than Home, Inc. and its affiliates (the “Company”), including, but not limited to, day play, boarding, training, feeding, and grooming (the “Services”), involve inherent risks that may be hazardous to my pet(s). These risks include, but are not limited to, the development of behavioral issues, physical injury, illness, exposure to latent or patent defects (including, but not limited to, exposure to toxic chemicals, environmental conditions, viruses, diseases, pandemics, pathogens, common or uncommon allergens, and any other dangerous or potentially harmful conditionsor), non-monitoring of your pet(s), and even the potential for death, despite close monitoring and care by the Company’s staff. By agreeing to these terms, I accept and assume all risks associated with these Services, whether caused by the Company’s negligence, the negligence of a Company Party (as defined below), or otherwise, and take sole and total liability for the same and any Claims and/or Damages, as further set forth herein.
2. Financial Responsibility: I agree to pay all fees related to the Services provided at the time of picking up my pet(s). This includes costs for any additional Services, veterinary care, and/or emergency care that the Company, in its sole discretion, believes to be required for my pet(s) during my pet(s)’ stay. Further, I also agree to be financially responsible for any Claims and/or Damages and/or injuries caused by my pet(s) to other pets, individuals, and/or property while at a Company facility.
3. Pet Health and Behavior Warranty: I represent and warrant that my pet(s) is (i) in good health and up to date on all vaccinations, including, but not limited to rabies, distemper, parvo, and Bordetella, proof of which I have provided to the Company and (ii) not aggressive and has no behavior issues that could adversely affect my pet(s)’ use of the Services or the safety of other pets and/or individuals. I commit to informing the Company promptly of any changes in my pet(s)’ health or behavior that might affect my pet(s)’ ability to participate safely in the Services. TO THE EXTENT I HAVE MISREPRESENTED THE FOREGOING AND/OR MY PET(S)’ HEALTH AND/OR BEHAVIOR CHANGES WHILE IN THE COMPANY’S CARE SUCH THAT THE FOREGOING REPRESENTATIONS ARE MADE INACCURATE, THE COMPANY SHALL HAVE THE RIGHT TO ASK MY PET(S) TO NOT RETURN, AS WELL AS SEEK ANY COSTS ASSOCIATED WITH INJURY TO ANOTHER PET, INDIVIDUAL, OR PROPERTY SUSTAINED AS A RESULT. IN THE EVENT ANY CLAIM AND/OR DAMAGES IS BROUGHT BY A THIRD PARTY AGAINST A COMPANY PARTY AS A RESULT OF MY PET(S)’ HEALTH AND/OR BEHAVIOR (INCLUDING, BUT NOT LIMITED TO, INJURIES CAUSED BY MY PET(S) TO OTHER PETS, INDIVIDUALS, AND/OR PROPERTY), I AGREE TO AND SHALL IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH COMPANY PARTY FROM SUCH CLAIM AND DAMAGES.
4. Liability Release: I hereby release the Company, its current and past parents, subsidiaries, and affiliates, and each of the foregoing’s respective shareholders, members, owners, partners, directors, officers, trustees, employees, agents, and independent contractors, and their successors and assigns (each a “Company Party”), from any claims, demands, suits, causes of action, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (the “Claims”) related to (i) the use of the Services, including, but not limited to, any injuries that might occur to my pet(s) or me (including, but not limited to, those resulting from undiagnosed medical conditions impacted and/or aggravated from the Services) and/or (ii) the acts or omissions of the Company or any Company Party, including, without limitation, the non-monitoring of my pet(s) by any Company Party.
5. Limitation of Liability: The Company will not be liable for any special, indirect, or consequential damages, however caused, and no matter the legal or equitable theory of liability (the “Damages”) arising from my pet(s)’ participation in the Services. IN THE EVENT ANY CLAIMS AND/OR DAMAGES RELEASED AND WAIVED HEREIN ARE BROUGHT BY ME OR ASSERTED ON MY PET(S)’ BEHALF, I AGREE TO AND SHALL IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH COMPANY PARTY FROM SUCH CLAIM AND DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW A RELEASE AND WAIVER OF CLAIMS AND/OR LIMITATION OF DAMAGES, I ACKNOLWEDGE AND AGREE THAT THE COMPANY’S ENTIRE LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY ME TO THE COMPANY (LESS ANY CREDITS, REFUNDS, COUPONS, PROMOTIONS, OR THE LIKE) DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY SUCH CLAIM AND/OR DAMAGE OR (II) $500.
6. Publicity Release: The Company may take, and I hereby consent to the Company’s use of, photos and/or videos of my pet(s) for promotional, advertising, and/or social media purposes.
7. Acceptance of Terms: I have read this Assumption of Risk, Liability Release, and Waiver Agreement (the “Agreement”) carefully and fully understand its terms. I acknowledge that by agreeing to this Agreement, I am waiving substantial legal rights, including the right to sue. I agree to the terms set forth in this Agreement voluntarily and without any inducement.
8. Acceptance of Governing Terms: I have further read (i) the Terms & Conditions (linked here and incorporated herein) (the “T&C’s”) and (ii) the Privacy Policy (linked here and incorporated herein) (the “PP” and collectively with the T&C’s, the “Governing Terms”) carefully and fully understand the Governing Terms. I acknowledge that by agreeing to this Agreement, I am waiving substantial legal rights, including the right to sue. I agree to the terms set forth in the Governing Terms voluntarily and without any inducement.
PET PARENT:
Signature: _____________________________________________
Printed Name: __________________________________________
Date: _________________________________________________