Dog Walking Services
This Adventure Walk Agreement (the "Agreement") between Happy Hound Adventure Walks, LLC, a California Limited Liability Company. ("Adventure Walks") and the Guardian named above sets forth the terms and conditions under which Adventure Walks will provide services to the Guardian, is effective on the date on which the Guardian signs in the designated space below, and applies to all services provided by Adventure Walks to the Guardian on that date and thereafter. Adventure Walks and the Guardian agree as follows:
1. Services. Subject to the terms and conditions of this Agreement, and upon request of the
Guardian, Adventure Walks may provide the following services to the Guardian:
1.1 Dog Walking Services. One (1) hour dog walks on a leash that may include group
walks or private walks in different locations in the East Bay, California and pick-ups and drop offs, as
provided in the Assessment Form and the Happy Hound Pick-Up Drop Off Form, both incorporated herein
by reference, until termination of this Agreement.
2. Adventure Walks' Rights
- 2.1 Provision of Services. Adventure Walks reserves the right, in its sole discretion,
to determine where and when the Services will take place.
- 2.2 Right to refuse services; termination of services. Adventure Walks reserves the
right, in its sole discretion and with or without cause, to decline to provide Services or terminate any or all
Services rendered under this Agreement upon twenty-four (24) hours prior written notice to Guardian.
3. Guardian's Representations and Responsibilities. The Guardian represents, warrants and/or agrees that:
- 3.1 Accurate information. All information provided on the Interview Checklist and during any interview is/will be true and correct. The Guardian acknowledges that Adventure Walks will rely on the accuracy of the information provided by the Guardian and that the accuracy of the information is a material inducement to Adventure Walks to enter into this Agreement and to provide services to the Guardian.
- 3.2 Vaccinations. The dog(s) for which Adventure Walks will provide services have received a DHPP (Distemper, Hepatitis, Parainfluenza, and Parvovirus) vaccination within the last year and a current rabies vaccination as required by applicable law. Upon request by Adventure Walks, the Guardian shall provide Adventure Walks with written proof of the vaccinations received by the dog(s) for which Adventure Walks will provide services.
- 3.3 Health. The dog(s) for which Adventure Walks will provide services are in good health, free from any conditions which may jeopardize the health or safety of other dogs in the care of Adventure Walks, and have not been ill with a communicable disease for at least 30 days.
- 3.4 Safety; aggressive behavior. The dog(s) for which Adventure Walks will provide services have not harmed any person or other dog in the past, and have not acted in an aggressive or threatening manner toward any person or other dog in the past.
- 3.5 Leash. Guardian acknowledges and agrees that all dogs for which Adventure Walks is providing Services will remain on a leash at all times during the Services.
- 3.6 Full disclosure. Guardian is aware of no facts not disclosed by Guardian to Adventure Walks that Guardian believes, if disclosed to Adventure Walks, might cause Adventure Walks to decline to provide Guardian with the services he or she has requested.
- 3.7 Compliance with rules, policies and procedures. Guardian will comply with all rules, policies and procedures adopted by Adventure Walks, which Adventure Walks may, in its sole discretion, change from time to time.
- 4.1 Payment terms and practices. Adventure Walks will charge Guardian for all services provided by Adventure Walks for the benefit of Guardian's dog(s) in accordance with Adventure Walks' standard practices. A schedule of fees is available upon request. Adventure Walks will require Guardian to pay some or all of the fees charged for certain services in advance of the date on which such services will be provided and/or in advance of the date on which Guardian will drop his or her dog(s) off at Adventure Walks' facility. lf not otherwise paid in advance, all fees for services requested by Guardian in advance are payable in full by cash or credit card when Guardian drops his or her dog(s) off after at Adventure Walks. Fees for services not requested in advance are payable in full by cash or credit card. If Guardian does not pay fees when due by cash or credit card, Adventure Walks will charge the fees due to Guardian's credit card.
- 4.2 Advance payments and deposits. Adventure Walks will require the Guardian to pay for certain services in advance, or to provide a non-refundable deposit for some or all of the fees charged for certain services, including, but not limited to, services to be provided during holidays or holiday weekends. When Adventure Walks requires an advance payment or non-refundable deposit, it will not refund the payment or deposit to the Guardian regardless of whether, or how far in advance, the Guardian cancels the services in question before they are rendered.
- 4.3 Right to change fees. Adventure Walks may change its fees at any time by posting notice in our facility and/or on the website.
- 4.4 Insufficient funds checks; credit card refunds. In the event that Guardian pays for any services provided by Adventure Walks with a check that is rejected for insufficient funds, Adventure Walks may charge Guardian an administrative fee of $25.00 in addition to any fees charged by banks. Refunds of charges paid by credit card may be subject to reduction for fees charged by the credit card issuer.
5. Assumption of Risk. The Guardian understands that interaction among dogs involves an inherent risk of injury or harm, even in controlled and supervised environments. Included among the risks that a dog faces when interacting and/or playing with other dogs are risks of physical injury, illness and infection, among others. These risks may be caused by other dogs under the care of Adventure Walks, by the actions or inaction of Adventure Walks representatives, or the actions or inactions of third parties, as well as by other factors not presently foreseeable. After considering the risks and potential benefits of the services offered by Adventure Walks, the Guardian believes that the potential benefits outweigh the risks. The Guardian knowingly and voluntarily assumes the risk that his or her dog(s) may suffer injury or harm as a result of or in connection with the services provided to the Guardian by Adventure Walks, and the Guardian agrees not to sue Adventure Walks or any representative of Adventure Walks, or to seek to hold Adventure Walks or any representative of Adventure Walks, financially responsible for any injury, illness, harm or damage that the Guardian or the Guardian's dog(s) may suffer as a result of or in connection with the services provided by Adventure Walks.
6. Indemnity. The Guardian agrees to defend, indemnify and hold Adventure Walks harmless from and against any and all claims, actions, causes of action, losses, damages, liabilities, costs, judgments, and attorney's fees (collectively, "Losses") to which Adventure Walks may become subject, including the Losses of Guardian, relating to or arising out of the conduct of the Guardian's dog(s) or any services provided to the Guardian or the Guardian's dog(s) by Adventure Walks (including, but not limited to, Losses caused by the Guardian's dog(s) to any person, to the property of Adventure Walks or any person, or to any dog), regardless of whether any negligence by Adventure Walks may have caused or contributed to causing the Losses. The Guardian also agrees to pay for any treatment or care provided to other dogs as a result of injuries or illnesses caused by the Guardian's dog(s). The Guardian authorizes Adventure Walks to charge the Guardian's credit card as necessary to enforce the Guardian's obligations under this section.
7. Waiver of Claims and Release of Liability. The Guardian hereby waives any and all claims that may accrue in his or her favor against Adventure Walks or any of its employees or representatives resulting from or relating to Adventure Walks' provision of services pursuant to this Agreement, including, but not limited to, claims for bodily injury, emotional distress, property damage and other damage and loss of any kind whatsoever, including injury or damage suffered by the Guardian and the Guardian's dog(s), regardless of whether active or passive negligence on the part of Adventure Walks contributed to causing such injury or damage.
ADVENTURE WALKS MAKES NO REPRESENTATION OR WARRANTY REGARDTNG THE SERVICES OR THE CONDITION OF THE LOCATIONS, PROPERTY OR FACILITIES WHERE THE SERVICES WILL BE PERFORMED. THE TOTAL LIABILITY OF ADVENTURE WALKS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE COST OF THE PARTICULAR SERVICES PURCHASED, SOLD, OR OTHERWISE AT ISSUE HEREUNDER WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL ADVENTURE WALKS BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST OR DAMAGED PETS OR PROPERTY) REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH CLAIM MAY BE MADE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Waiver of Unknown Claims. Each of Guardian, and Guardian's personal representatives, spouse, assigns, heirs and next of kin (each a "Releasing Party"), acknowledges and agrees that the releases set forth herein apply to any and all claims for damages and losses of any nature whatsoever for which the Releasing Party may have against the party being released (the "Released Party") arising from the Losses (as defined in Section 6), whether those Losses are known or unknown, foreseen or unforeseen, or patent or latent, and Releasing Party hereby waives application of California Civil Code Section 1542, which reads as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Each Releasing Party understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that, even if such Releasing Party should discover additional damages that accrued prior to the Effective Date and that arise out of the facts and circumstances described in this Agreement, or any act or failure to act prior to the Effective Date, the Releasing Party will not be able to make any claims for those damages. Furthermore, the Releasing Party acknowledges that the Releasing Party intends these consequences even as to claims for damages that may exist as of the date of this Agreement but which the Releasing Party does not know exist, and which, if known, would materially affect his, her or its decision to execute this Agreement and the release set forth herein, regardless of whether the Releasing Party's lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
9. Consent to Veterinary Treatment. In the event that the Guardian's dog(s) need veterinary treatment while under the care of Adventure Walks, Adventure Walks will attempt to notify the Guardian of the need for such treatment and obtain direction from the Guardian. In the event that Adventure Walks is unable to reach the Guardian in a timely manner, or in the event that the need for treatment is urgent, the Guardian agrees that Adventure Walks may seek treatment for the Guardian's dog(s) from the veterinarian designated by the Guardian, from Broadway Pet Hospital in Oakland, California, or from another veterinarian of Adventure Walks' choice. The Guardian agrees to reimburse Adventure Walks for any and all costs incurred by Adventure Walks for the care and/or treatment of the Guardian's dog(s) pursuant to this section. The Guardian agrees to notify his or her veterinarian that his or her dog is in Adventure Walks' care and may receive needed treatment at the request of Adventure Walks.
10. Publicity and Likeness:
The Guardian agrees that Adventure Walks may, in its sole discretion, photograph, videotape, record and/or display on its webcam the Guardian's dog(s) while they are under Adventure Walks' care. Adventure Walks shall be the sole owner of all copyrights and all proceeds of tapings, photography, and recordings throughout the world and reserves all rights to reproduce, display, distribute and use an unlimited number oftimes in perpetuity, and license to others in any manner. Adventure Walks may use photographs, videotapes, recordings and images of the Guardian's dog(s) in any and all media and in the promotion, advertising, marketing and publicity of Adventure Walks.
- 11.1 Force Majeure. The obligations of Adventure Walks hereunder will be suspended by the occurrence of any unforeseeable event beyond the control of Adventure Walks, such as acts of God, war, mobilization, riot, sabotage, explosion, casualty, power failure, inability to obtain suitable and sufficient labor or material, or law or regulations restricting performance.
- 11.2 Effect of waiver of breach. Any waiver of or failure to enforce a breach of this Agreement will not operate or be construed as a waiver of any subsequent breach of the same or any other provision.
- 11.3 Arbitration; remedies. Adventure Walks and the Guardian agree to resolve any dispute that may arise between them (including, but not limited to, disputes concerning the interpret alleged breach or enforcement of this Agreement; Adventure Walks' care for the Guardian's dog(s); any alleged negligence, intentional misconduct or other tortious or wrongful conduct on the part of either party) through binding arbitration before a single, neutral arbitrator pursuant to the rules of the American Arbitration Association. The arbitrator shall apply the laws of the State of California, without regard to conflict of laws, in any dispute between the parties. ln the event a dispute arises between the parties, each shall have the right to seek all necessary and proper relief. Consistent with applicable law and his or her discretion, the arbitrator may award reasonable attorney fees and costs (including fees charged by the arbitrator) to the party prevailing in any arbitration proceeding. The Guardian understands and agrees that he or she is waiving his or her right, if any, to a trial by jury in any dispute with Adventure Walks.
- 11.4 Interpretation. This Agreement shall be interpreted as though drafted jointly by Adventure Walks and the Guardian, and shall not be interpreted in favor or against either party.
- 11.5 Severability. If an arbitrator or court declares or determines that any provision of this Agreement is invalid, illegal or unenforceable, the invalid, illegal or unenforceable provision(s) shall be fully severable and shall not affect any other provision of this Agreement and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision had never been contained herein.
- 11.6 Survival. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement in which it is contained. If this Agreement is terminated, its terms and conditions will continue to apply to any Services then in effect until the Services expire or are terminated.
- 11.7 Counterparts. This Agreement may be executed in two or more facsimile or PDF format counterparts, all of which together will constitute one binding agreement.
- 11.8 Entire agreement; modification. This Agreement, along with the Assessment Form, the Happy Hound Pick-Up Drop Off Form and the Interview Checklist, sets forth the entire agreement between the parties and supersedes all prior agreements or understandings, both written and oral, between the parties regarding the subject matter of this Agreement. The parties may modify this Agreement only through a writing signed by each.
12. Due Consideration. The Guardian represents and agrees that:
- (a) he or she has had a reasonable opportunity to consider this Agreement before signing it;
- (b) he or she has read this Agreement in fuII and understands all of the terms and conditions set forth herein;
- (c) he or she knowingly and voluntarily agrees to all of the terms and conditions set forth herein and intends to be legally bound by them; and
- (d) he or she has not relied and does not rely upon any representation or statement regarding the subject matter or effect of this Agreement made by any other party to this Agreement or any party's agents, attorneys or representatives.