HOBNOB TERMS And CONDITIONS – 05-20-2018
COLFAX PET, LLC, a Colorado limited liability company, doing business as
Hobnob (HOBNOB), is a free roam dog hotel and daycare facility with swimming,
dog wash, grooming, training, and retail supply services. HOBNOB and
HOBNOB’s client (OWNER), the owner of one or more dogs (PET), agree to
these terms and conditions as long as OWNER requests the services of HOBNOB
and for any PET owned by OWNER now and in the future. HOBNOB reserves the
right to modify these terms and conditions from time to time without notice
to OWNER.
HOBNOB agrees to:
- Supervise and care for PET providing reasonable care and basic necessities
including nourishment and facilities so that the health and safety of PET will
be maintained within standards found in the pet care industry for care of
animals in similar facilities.
- To reasonably follow the instructions of OWNER during PET’s stay
with HOBNOB and ensure PET only participates in the activities and services
desired by OWNER.
- To provide safe and sanitary housing, general conditions and play areas
for PET and to take precautions as necessary, at the sole discretion and
judgment of HOBNOB, to insure a safe and happy stay at HOBNOB for PET.
Housing for PET may be in kennels or crates as appropriate at the sole
determination of Hobnob.
- To allow only trained employees to handle and care for PET and to
reasonably supervise the activities and interactions of PET, other pets and
any and all employees of HOBNOB.
- To carefully evaluate any playmates of PET and take every precaution to
insure as safe a play environment as possible, given the inherent nature and
instinctual behavior of animals.
- To monitor and keep the facility well maintained in good working
condition.
- To carefully sanitize PET’s accommodations and feeding bowls and to
monitor the mixing and use of chemicals and their containers that PET might
be exposed to.
OWNER agrees to:
- Inform HOBNOB of any known health or temperament issues relating to PET.
To immediately inform HOBNOB of PET’s exposure to harmful or
communicable diseases that may affect PET or other animals that PET may come
in contact with during their stay with HOBNOB.
- To conform and comply with any and all policies set forth by HOBNOB.
- To provide HOBNOB with any documents or information related to PET
necessary to insure the health and safety of PET, including but not limited
to proof of current vaccinations required by HOBNOB, prior history of
temperament problems with other pets and dogs or other issues that may affect
PET’s ability to safely interact with other animals or persons under
the supervision of HOBNOB. Information related to behavior includes but is
not limited to biting, extreme barking, guarding of toys or food, searching
for escape routes out of enclosed areas, aggressiveness towards dogs or other
dogs, separation anxiety stress, escape chewing through fences or walls,
etc.
- To warrant to HOBNOB that all information provided to HOBNOB by OWNER is
complete, true and correct and that OWNER has made a good faith effort to
communicate and provide HOBNOB with any and all information that may be
pertinent to the health and safety of PET.
- To understand, without reservation, that HOBNOB will make every effort to
provide a safe and healthy environment for PET; however, OWNER understands
that PET is an animal, with basic instincts that cannot always be anticipated
by even the most seasoned pet care professional.
- To assume the risk of leaving PET in the care of HOBNOB and to understand
that PET may be exposed to possible injury or illness while playing or
interacting with other animals and to hold HOBNOB harmless from any liability
associated with the care of PET while in the custody of HOBNOB, including but
not limited to communicable and airborne diseases.
- To, fully and without reservation, agree to grant to HOBNOB full
permission to care for PET in any way in HOBNOB’s judgment is in the
best interest of PET, including but not limited to administration of over the
counter medications, veterinary visits, administration of medications
prescribed by a licensed veterinarian or administration of other medications
prescribed by a licensed veterinarian but normally administered by OWNER in
the normal course of PET’s daily routine in the home environment and to
provide HOBNOB with directions for administration of same. OWNER agrees that
HOBNOB may use products not labeled for use on PET during PET’s stay
with HOBNOB. OWNER agrees to hold harmless HOBNOB for all treatment costs as
well as any injury to PET as a result of the administration of medications,
so long as HOBNOB complies with the standard procedures normally used to
administer medications of this kind. This shall include but not be limited to
administration of chemicals for the treatment of external parasites (fleas,
ticks, lice etc.) or the control of any other communicable parasites or
diseases that may cause injury to other animals that may have contact with
PET. OWNER shall be responsible for all costs associated with any veterinary
charges related to PET, for any reason.
- To pay to HOBNOB, at or before the time of pick up of PET, all payments
and costs incurred in the course of PET’s care by HOBNOB promptly and
before PET is released back into the custody of OWNER. OWNER agrees to
provide HOBNOB at least seven days notice in advance of any cancellation of a
hotel reservation. In the event OWNER fails to provide notice, HOBNOB and
OWNER agree that any deposit shall be forfeited to HOBNOB as payment for any
costs or loss of profit related to the cancelled reservation.
HOBNOB will take every reasonable precaution to provide a safe environment
for PET, but does not promise or warrant that PET’s stay with HOBNOB
will be free of accidents, injuries, dogfights, or other normal, instinctual
animal behaviors. OWNER also agrees and recognizes that in the event of an
altercation between animals, HOBNOB may find it necessary to employ
non-violent methods and techniques such as spraying with water, shouting, and
other methods of restoring order.
Except for gross negligence, OWNER agrees to defend, indemnify and hold
HOBNOB and each of its respective owners, directors, officers, employees and
agents, harmless from and against all claims, suits, expenses, losses,
demands, actions, causes of action, judgments, costs and reasonable
attorney’s fees and expenses of any kind or nature for any and all
damages of any kind arising from or related to the Hobnob services. HOBNOB
shall not be held liable for any illness, death, disease, injury or costs
thereof incurred by the PET while in the care, custody and control of
HOBNOB.
OWNER AGREES that HOBNOB will under no circumstances be held liable by
OWNER for any damages or liability whether indirect, incidental, including
but not limited to special, exemplary, consequential or punitive damages
claimed in connection with any incident or cause of action in contract or
tort or any other legal theory or remedy, arising in relation to
HOBNOB’s services or failure to provide services under this
agreement.
It is expressly agreed by OWNER and HOBNOB that in any event, any
liability for HOBNOB shall not exceed the current chattel value of an animal
of the same species as PET. Owner further agrees to be solely responsible for
any and all acts or behavior of PET while it is in the care of HOBNOB
including full payment of costs for injury to staff or other animals or
damage to facilities caused by PET.
OWNER understands that HOBNOB will strive to give PET the best possible
care during any grooming and styling process and that PET will be tethered to
a grooming table during this process. If PET’s coat is too heavily
matted for a regular trim, then OWNER consents to clipping off all the hair.
OWNER understands that injury to PET, such as clipper burns, cuts or other
damage may occur in the grooming process because of these conditions.
De-matting (if possible and at the stylist’s discretion) is an
additional charge that OWNER agrees to pay.
In the event of an emergency or death, OWNER authorizes HOBNOB to take PET
to its veterinarian, or if they are not available, to a veterinarian of
HOBNOB’s choice. OWNER agrees to pay any related costs.
In the event OWNER designates a third party to pick up PET, third party
will be required to show some form of identification to HOBNOB. OWNER will
provide a written release to HOBNOB naming the third party and HOBNOB shall
be entitled to keep that release along with other records associated with
PET. OWNER further warrants that the third party shall be held liable and
responsible for the care and safety of PET and for all costs and charges
incurred by PET during its stay with HOBNOB. HOBNOB will make every attempt
to insure that the correct animal is released to OWNER or a third party;
however, OWNER recognizes that many breeds and mixed breeds have similar
physical characteristics and identities can sometimes be mistaken. Should
this occur, OWNER agrees to promptly and safely return the animal and
likewise, OWNER releases HOBNOB from any liability related to the mistaken
release of PET to the wrong party. If OWNER or OWNER’s designated third
party fails to pick up PET at the designated time or fails to communicate
with HOBNOB as to an acceptable alternative pick up time, HOBNOB will make a
reasonable effort to contact OWNER. If, after a reasonable time, HOBNOB
determines in its sole discretion that OWNER has abandoned PET, HOBNOB will
place PET with the appropriate government agency and OWNER agrees to release
HOBNOB of all liability of and responsibility for PET.
HOBNOB assumes no liability for injury to PET or OWNER during the use of
self-serve dog washing facilities, swimming activities, training activities,
owner participation in grooming activities or any other interaction between
HOBNOB, its employees or agents and OWNER or PET.
HOBNOB has the right to determine that PET is not an acceptable resident
of its facility or that PET may cause injury or harm to itself or another dog
or human. HOBNOB reserves the right to refuse further services in such
instance and will refund any fees paid in advance for services not rendered
as determined by HOBNOB in its sole discretion. HOBNOB will make every effort
to notify OWNER to remove PET from the facility. If PET is not expeditiously
picked up from facility, HOBNOB will place PET with the appropriate
government agency, which will take ownership of PET, and OWNER agrees to
release HOBNOB of all liability of and responsibility for PET.
These terms and conditions shall govern the relationship of OWNER and
HOBNOB and OWNER may not alter any term or condition without the express
written consent of HOBNOB.
