Our Policies & Terms and Conditions

Terms and Conditions

1. 1. Owner/Guardian. I represent and warrant that I am the lawful owner and/or duly authorized guardian of the Pet(s) identified in this Agreement and that I am fully authorized to enter into and perform this Agreement on behalf of myself and any other person who may claim an interest in the Pet(s). I agree that I, and any co-owner(s) who sign this Agreement, shall be jointly and severally responsible for all obligations, fees and liabilities arising under this Agreement. I further agree to indemnify, defend and hold harmless Pooch’s Boarding and Daycare, LLC from and against any and all claims, disputes, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or related to any alleged or actual lack of authority on my part to enter into this Agreement or to make decisions regarding the Pet(s).
   2. Refusal of Service.I understand Pooch’s Boarding and Daycare reserves the right to deny admittance to any pet, at any time, for any lawful reason, including but not limited to concerns about the pet’s health, vaccination status, behavior, safety risk, or failure to comply with facility policies. Pooch’s Boarding and Daycare further reserves the right, at any time during a pet’s stay, to discontinue services, require the pet to be picked up immediately, or modify the pet’s participation (including isolating the pet or removing the pet from group activities) if, in Pooch’s reasonable judgment, the pet’s behavior, health, or condition poses a risk to itself, to other animals, to staff, or to property, or otherwise fails to comply with facility policies.
   3. Pet Requirements:I represent that my pet meets all of the following requirements: (1) is four months of age or older, (2) is current on his/her required vaccinations, (3) is on a monthly flea and tick preventative medication, (4) has been in good health for the last 30 days prior to check-in, (5) I have completed the Dog Profile, and (6) my dog will enter and exit Pooch’s Boarding and Daycare facility on a leash. In addition, I represent that my pet has no known history of aggression towards people or other animals, no history of causing serious injury to any person or animal, and that I have fully and accurately disclosed in the Dog Profile any prior incidents of biting, snapping, fighting, or other problematic behavior. I understand and agree that Pooch’s Boarding and Daycare may rely on these representations in determining whether, and on what terms, to accept my pet. I understand and agree that Pooch’s Boarding and Daycare is relying on the above representations in agreeing to accept my pet. I agree that I will be responsible for, and will reimburse and indemnify Pooch’s Boarding and Daycare for, any costs, damages, losses, claims, or expenses (including reasonable veterinary costs and attorneys’ fees) arising out of or related to any inaccuracy or omission in these representations or in the information provided in the Dog Profile. I agree to provide upon request written proof of current vaccinations, preventative treatments, and other health information from a licensed veterinarian, and I agree to update Pooch’s Boarding and Daycare promptly if my pet’s health, behavior, or vaccination status changes at any time before or during any stay or visit.
   4. Health.I represent and warrant that (a) to the best of my knowledge, my pet has not had, and has not been knowingly exposed to, any contagious illness of any kind for at least thirty (30) days prior to check-in; (b) my pet is free of any symptoms of illness (including but not limited to coughing, sneezing, vomiting, diarrhea, unexplained lethargy, or skin lesions) to the best of my knowledge at the time of check-in; and (c) my pet is current on all vaccinations and parasite-prevention treatments required by Pooch’s Boarding and Daycare. I understand that Pooch’s Boarding and Daycare is relying on these representations in agreeing to provide services and may immediately discontinue services and/or require my pet’s removal from the facility if these representations are found to be inaccurate. In the event that my pet appears to be ill, injured, or otherwise requires veterinary attention, I authorize Pooch’s Boarding and Daycare, in its sole discretion, to transport my pet to, and seek evaluation and treatment from, a licensed veterinarian or emergency veterinary hospital. I authorize the attending veterinarian to treat my pet as deemed reasonably necessary under the circumstances. I agree that I am fully responsible for and will promptly reimburse Pooch’s Boarding and Daycare for all veterinary, transportation, and related costs incurred on my pet’s behalf, regardless of whether the illness or injury is believed to have arisen before, during, or after my pet’s stay, except to the extent such costs are finally determined to result from the gross negligence or willful misconduct of Pooch’s Boarding and Daycare. I am aware and understand that Pooch’s Boarding and Daycare employees are not veterinarians and do not have backgrounds in animal medicine. Pooch’s Boarding and Daycare employees cannot diagnose or detect illnesses in the pets that are staying at Pooch’s Boarding and Daycare. I agree to provide all medications in their original containers, together with complete and accurate written dosing and administration instructions from me and/or my veterinarian. I authorize Pooch’s Boarding and Daycare to administer such medications in reliance on those instructions and agree to assume all risk associated with the administration of medication by Pooch’s Boarding and Daycare during my pet’s stay, except to the extent that any injury or harm is caused by the gross negligence or willful misconduct of Pooch’s Boarding and Daycare. In addition, I acknowledge and am aware that vaccines do not protect against all contagious illnesses that may affect my pet. I further acknowledge and accept that participation in boarding and daycare services involves inherent risks to my pet, including but not limited to exposure to communicable illnesses (such as kennel cough and canine influenza), parasites, minor injuries, and stress-related conditions, even when all required vaccinations have been administered. To the fullest extent permitted by applicable law, I hereby release and waive any and all claims against Pooch’s Boarding and Daycare, its owners, directors, officers, employees, and agents for illness, injury, or death of my pet arising from such inherent risks and ordinary negligence, except to the extent caused by the gross negligence or willful misconduct of Pooch’s Boarding and Daycare. I hereby agree to indemnify, defend, and hold harmless Pooch’s Boarding and Daycare, its owners, directors, officers, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to (a) my failure to disclose, or inaccurate disclosure of, any pre-existing medical conditions, illnesses, symptoms, or behavioral issues affecting my pet; and/or (b) any inaccuracy or omission in the health, vaccination, parasite-prevention, or medication information I provide to Pooch’s Boarding and Daycare, except to the extent caused by the gross negligence or willful misconduct of Pooch’s Boarding and Daycare.
   5. Flea and Ticks.I agree that if any fleas or ticks are discovered on my pet during check-in or at any other time while my pet is receiving services at Pooch’s Boarding and Daycare, Pooch’s Boarding and Daycare may, in its sole discretion, (a) administer a flea bath and/or flea and tick treatment to my pet and (b) undertake any additional cleaning, treatment, or other remedial measures deemed reasonably necessary to protect other animals and the facility. I agree to pay all costs and expenses associated with such treatments and remedial measures, including any required treatment of other animals that may have been exposed, except to the extent such costs are finally determined to result from the gross negligence or willful misconduct of Pooch’s Boarding and Daycare. I understand and agree that flea and tick shampoos and topical products may, in rare cases, cause adverse reactions in some animals. To the fullest extent permitted by law, I assume all risk of any non-negligent adverse reaction my pet may experience from such products and release Pooch’s Boarding and Daycare, its owners, directors, officers, employees, and agents from any and all claims arising from such reactions, except to the extent caused by the gross negligence or willful misconduct of Pooch’s Boarding and Daycare. I represent and warrant that my pet is currently on, and will be kept on throughout its stay, a veterinarian-recommended flea and tick preventative regimen, and that to the best of my knowledge my pet is free from fleas and ticks at the time of check-in. I understand that Pooch’s Boarding and Daycare is relying on this representation in agreeing to provide services. Pooch’s Boarding and Daycare reserves the right, in its sole discretion, to refuse admission of, or to discontinue services for, any pet found to have fleas, ticks, or other external parasites and to require immediate pick-up of such pet. I agree to promptly retrieve my pet upon notice that services are being discontinued for this reason.
   6. Veterinarian Care.I agree to allow Pooch’s Boarding and Daycare to obtain veterinarian medical treatment for my pet, if, in its sole discretion, it appears that the pet is ill, injured, or exhibits any other behavior that would reasonably suggest that my pet might need medical treatment. I understand and agree that Pooch’s Boarding and Daycare is not a veterinary provider and is not expected to diagnose medical conditions, and that, to the fullest extent permitted by law, Pooch’s Boarding and Daycare shall not be liable for failing to identify a medical condition or for any good-faith decision to obtain, delay, or decline veterinary care, except in cases of gross negligence or willful misconduct. Medical treatment may require transportation of my pet to receive care and I hereby authorize such transportation. I grant Pooch’s Boarding and Daycare authority to make decisions involving the medical treatment of my pet during its stay, provided that reasonable efforts will be made to contact me prior to any non-emergency treatment. I understand and agree that all veterinary services are provided by independent, licensed veterinarians, and that Pooch’s Boarding and Daycare does not provide veterinary services and shall not be responsible for the acts, errors, or omissions of any veterinarian or veterinary clinic. I agree that I am fully responsible for the cost of any such medical treatment and transportation and that Pooch’s Boarding and Daycare may, without further notice, charge any credit card or other payment method I have provided for such amounts, apply any deposits on account, and invoice me for any remaining balance. I further agree to reimburse Pooch’s Boarding and Daycare for all reasonable costs of collection, including attorneys’ fees, incurred in recovering any unpaid amounts. I acknowledge and agree that, to the fullest extent permitted by applicable law, Pooch’s Boarding and Daycare shall have a lien on my pet for any unpaid boarding, daycare, veterinary, or related charges and may retain possession of my pet until all such charges are paid in full.
   7. Veterinarian Liability:To the fullest extent permitted by applicable law, I agree that I am assuming all risk of illness, disease, injury, or harm to my pet by allowing my pet to participate in services at Pooch’s Boarding and Daycare, including but not limited to the risk of contagious or communicable diseases (such as kennel cough, canine influenza, parasites, or gastrointestinal illness), minor cuts or scratches, sprains or strains, stress-related conditions, and injuries that may result from normal play or interaction with other animals and staff. Furthermore, to the fullest extent permitted by applicable law, I agree that I am assuming all risk of the consequences associated with any decisions made by Pooch’s Boarding and Daycare relating to the medical care and transportation of my pet, and I hereby release and hold harmless Pooch’s Boarding and Daycare, its owners, employees, and agents from any and all claims relating thereto, except to the extent caused by the gross negligence or willful misconduct of Pooch’s Boarding and Daycare. To the fullest extent permitted by applicable law, the total aggregate liability of Pooch’s Boarding and Daycare, its owners, employees, and agents for any and all claims, losses, or damages arising out of or relating to my pet’s participation in services, including but not limited to illness, injury, death, or veterinary care, shall not exceed the lesser of (a) the actual veterinary expenses incurred for my pet as a direct result of the incident, or (b) the total amount of fees I paid to Pooch’s Boarding and Daycare for services provided to my pet during the thirty (30) days immediately preceding the event giving rise to the claim. IN NO EVENT SHALL POOCH’S BOARDING AND DAYCARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. I FURTHER UNDERSTAND THAT IF MY PET BITES OR OTHERWISE INJURES A HUMAN OR ANOTHER PET, OR DAMAGES ANY PROPERTY, POOCH’S BOARDING AND DAYCARE MAY TAKE ANY ACTION IT DEEMS APPROPRIATE, INCLUDING BUT NOT LIMITED TO CONTACTING THE APPROPRIATE AUTHORITIES AND REMOVING MY PET FROM GROUP ACTIVITIES. I AGREE THAT I WILL BE SOLELY RESPONSIBLE FOR, AND SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS POOCH’S BOARDING AND DAYCARE, ITS OWNERS, EMPLOYEES, AND AGENTS FROM AND AGAINST, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO ANY BITE, INJURY, OR DAMAGE CAUSED BY MY PET. IN ADDITION, I ACKNOWLEDGE THAT PARTICIPATION IN GROUP PLAY, BOARDING, AND DAYCARE ACTIVITIES NECESSARILY INVOLVES INTERACTION WITH OTHER ANIMALS AND CARRIES INHERENT RISKS OF INJURY OR ILLNESS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I AGREE THAT IF MY PET IS INJURED BY ANOTHER PET, I HEREBY RELEASE POOCH’S BOARDING AND DAYCARE, ITS OWNERS, EMPLOYEES, AND AGENTS FROM ALL LIABILITY AND FINANCIAL RESPONSIBILITY FOR SUCH INJURY ARISING OUT OF THESE INHERENT RISKS, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF POOCH’S BOARDING AND DAYCARE.
   8. Transportation.I agree that if my pet is transported to or from Pooch’s Boarding and Daycare by Pooch’s Boarding and Daycare, its employees or agents that I AGREE TO HOLD POOCH’S BOARDING AND DAYCARE, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HARMLESS IN THE EVENT OF INJURY OR ACCIDENT DURING TRANSPORTATION. In connection with any such transportation, I expressly assume all risks of loss, injury, or damage to my pet or to any person or property arising out of or related to such transportation, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF POOCH’S BOARDING AND DAYCARE, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS. I FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS POOCH’S BOARDING AND DAYCARE, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO ANY INJURY OR DAMAGE CAUSED BY MY PET DURING SUCH TRANSPORTATION. Nothing in this Agreement is intended to, nor shall it, waive liability that cannot legally be waived under applicable law, including liability resulting from the gross negligence or willful misconduct of Pooch’s Boarding and Daycare, its owners, directors, officers, employees, or agents.
   9. Dog Daycare.I understand that Pooch’s Boarding and Daycare is a facility utilizing playgroups where multiple dogs interact. I understand that dogs play with their mouth and paws, which can result in nicks and scratches on my pet. While Pooch’s Boarding and Daycare provides reasonable care and supervision in the playgroups, I understand and agree that Pooch’s Boarding and Daycare employees may not notice these nicks or scratches before my pet’s departure and, therefore, unintentionally, I might not be notified. I further understand and acknowledge that off-leash group play involves inherent and unavoidable risks, including but not limited to bites, scratches, puncture wounds, sprains, strains, torn nails, eye or ear injuries, stress, anxiety, aggravation of pre-existing medical conditions, and exposure to or transmission of infectious or communicable diseases, parasites, or viruses, despite vaccination and reasonable preventive measures. I VOLUNTARILY ASSUME ALL SUCH INHERENT RISKS ON BEHALF OF MY PET AND AGREE THAT POOCH’S BOARDING AND DAYCARE, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INJURY, ILLNESS, OR DEATH OF MY PET ARISING FROM SUCH INHERENT RISKS, EXCEPT TO THE EXTENT CAUSED BY THEIR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. I agree that the failure of Pooch’s Boarding and Daycare or its employees to identify, detect, or report minor, non–life-threatening nicks, scratches, or similar superficial injuries prior to my pet’s departure shall not, in and of itself, be considered negligence or a breach of any duty owed to me or my pet, provided that Pooch’s Boarding and Daycare exercises reasonable care under the circumstances and uses commercially reasonable efforts to notify me of any significant injuries or conditions actually observed
   10. Abandonment Notice.I fully understand and agree that if my pet is not picked up by myself or an authorized representative within 14 calendar days after the day my pet is scheduled to depart, that my pet shall be deemed ‘abandoned’ in accordance with applicable Texas law, including Texas Penal Code § 42.092 and any other relevant statutes or regulations governing the treatment and disposition of abandoned animals. Prior to deeming my pet abandoned, Pooch’s Boarding and Daycare will make commercially reasonable efforts to contact me and any emergency contacts I have provided, including at least one attempt by telephone or email and, if feasible, by written notice to my last known mailing address. If Pooch’s Boarding and Daycare is unable to reach me or my emergency contact(s) within the 14-day period despite such efforts, my pet may then be deemed abandoned and treated in accordance with applicable law and this Agreement. I understand if I abandon my pet at Pooch’s Boarding and Daycare, Pooch’s Boarding and Daycare, in its sole discretion, will try to re-home my pet, or relinquish my pet to a legal shelter of its choice. Upon my pet being deemed abandoned under this Agreement and applicable law, I irrevocably relinquish and assign to Pooch’s Boarding and Daycare all of my right, title, and interest in and to my pet for the limited purpose of allowing Pooch’s Boarding and Daycare to re-home my pet or relinquish my pet to a shelter or rescue organization, in its sole discretion. I agree that any such transfer may include a transfer of ownership and that I shall have no further rights of ownership or possession in my pet after such transfer. I agree to indemnify, defend, and hold harmless Pooch’s Boarding and Daycare from and against any and all claims, demands, damages, costs, and expenses (including reasonable attorneys’ fees) asserted by any third party arising out of or relating to Pooch’s Boarding and Daycare’s good-faith disposition of my pet in accordance with this provision. I acknowledge and agree that, once my pet is deemed abandoned under this Agreement and applicable law and Pooch’s Boarding and Daycare has, in good faith, re-homed my pet or relinquished my pet to a shelter or rescue organization, I may be unable to retrieve my pet and I hereby release and agree not to assert any claim or demand against Pooch’s Boarding and Daycare arising out of or relating to such good-faith disposition of my pet, except to the extent caused by Pooch’s Boarding and Daycare’s gross negligence or willful misconduct. In addition, I understand and agree that I remain fully responsible for all unpaid charges incurred for my pet’s stay, together with any reasonable costs of collection, including reasonable attorneys’ fees and court costs, and any applicable interest permitted by law on past-due balances. I agree that Pooch’s Boarding and Daycare may use collection agencies or other lawful means to recover such amounts.
   11. Photo and Video Release.I hereby grant to Pooch’s Boarding and Daycare a perpetual, worldwide, royalty‑free, transferable, and sublicensable license to use my pet’s name and any images or videos of my pet taken while he/she is in the care of Pooch’s Boarding and Daycare, in any form or format, for use at any time in any and all media (whether now known or later developed), including without limitation marketing, advertising, illustration, trade, or promotional materials. I waive any right to inspect or approve the finished images, videos, advertising copy, or other materials in which my pet’s name, image, or likeness appears, and I agree that I am not entitled to any compensation, royalties, or other payment arising from or related to such use. To the fullest extent permitted by law, I release and discharge Pooch’s Boarding and Daycare from any and all claims, demands, or causes of action that I, my heirs, or assigns may have by reason of or arising from Pooch’s Boarding and Daycare’s use of my pet’s name, image, or likeness in accordance with this provision. I understand and agree that this consent and license is irrevocable with respect to any use, content, or materials created or distributed prior to any attempted revocation, and that Pooch’s Boarding and Daycare has no obligation to remove or delete historical uses of my pet’s name, image, or likeness from materials already created, printed, published, or posted online.
   12. Personal Property.I agree that Pooch’s Boarding and Daycare shall not be responsible or liable for any lost, stolen, or damaged personal property belonging either to my dog or me, except to the extent such loss or damage is directly caused by the gross negligence or willful misconduct of Pooch’s Boarding and Daycare. I understand that I should not bring or leave valuable personal property at the facility and that Pooch’s Boarding and Daycare does not provide secure or insured storage for personal items. Any items I choose to leave with my dog (including but not limited to leashes, collars, toys, bedding, and clothing) are left at the facility entirely at my own risk. I also understand and agree that my dog’s collar may be removed upon arrival to prevent injury.
   13. GPS Collars.GPS collars must be removed prior to entering the facility. Due to playing and exercising, GPS collars may fall off, be damaged, or malfunction on the premises. Pooch’s Boarding and Daycare does not monitor, maintain, or ensure the operation of any GPS collar or tracking device. Pooch’s Boarding and Daycare is not liable for lost property, including GPS collars, except to the extent such loss is directly caused by the gross negligence or willful misconduct of Pooch’s Boarding and Daycare.
   14. Service Fees.I agree to pay for all fees, services, and products with a credit card or cash at the time of my pet’s pickup from each visit at Pooch’s Boarding and Daycare. In the event any balance remains unpaid after the date of my pet’s pickup and Pooch’s Boarding and Daycare is unable to successfully process payment using a card on file, I agree that such balance shall accrue a late fee and/or interest at the maximum rate permitted by applicable law and that I shall be responsible for all reasonable costs of collection, including reasonable attorneys’ fees and court costs, to the extent permitted by applicable law. I give express permission to Pooch’s Boarding and Daycare to charge any of the credit card numbers provided on my customer portal for any unpaid fees, services, or products. I further agree that if any credit or debit card charge is declined, returned, or subsequently charged back, and such decline, return, or chargeback is not the result of Pooch’s Boarding and Daycare’s error or breach of this agreement, I will remain responsible for the underlying amount due, together with any chargeback fees imposed by the card processor and any reasonable costs of collection (including reasonable attorneys’ fees and court costs) to the extent permitted by applicable law. Pooch’s Boarding and Daycare will use reasonable efforts to provide notice (for example, by email, text message, or phone call using the contact details on file) prior to charging any credit card on file for unpaid fees, but failure to deliver such notice shall not limit Pooch’s Boarding and Daycare’s right to collect amounts duly owed using a card on file.
   15. Reservations.I understand that confirmed reservations are preferred for boarding services at Pooch’s Boarding and Daycare. I understand that some Peak/Holiday periods might require a minimum stay. For these dates, please contact the front desk. For stays exceeding 30 consecutive nights, a deposit in the amount of 50% of the estimated total charges will be required at the time the reservation is confirmed, unless otherwise stated in writing. Such deposit will be applied to the final invoice and will be refundable or non-refundable in accordance with the applicable cancellation policy disclosed at the time of booking. For any requested extension of a stay, all charges incurred to date must be paid in full, and Pooch’s Boarding and Daycare may require an additional deposit for the extended period before agreeing to the extension. For certain reservations, including but not limited to Peak/Holiday periods and longer stays, Pooch’s Boarding and Daycare may require a reservation deposit to secure the booking. Specific deposit amounts and applicable dates will be disclosed at the time of booking. Unless otherwise stated in writing at the time of booking, deposits for Peak/Holiday reservations are non-refundable if the reservation is cancelled or modified within 3 days of the scheduled check-in date or in the event of a no-show. I authorize Pooch’s Boarding and Daycare to charge my credit card on file for any applicable late-cancellation or no-show fees, in accordance with the then-current cancellation policy provided to me at the time of booking.
   16. Rescheduling Grooming:Any missed grooming appointment or any cancellation or rescheduling made less than twenty-four (24) hours before the scheduled start time, as well as any late arrival of more than ten (10) minutes, will result in the full charge for the scheduled service. Grooming services may be shortened in the event of late arrival, while the full fee remains due to cover the reserved time of our staff. This policy ensures that our grooming staff are compensated for the time reserved for each appointment, even if a pet is not presented for grooming as scheduled. Clients may reschedule or cancel grooming appointments without charge if at least twenty-four (24) hours’ prior notice is provided.
   17. Check-in & Check-out Times.Pooch’s Boarding & Daycare charges for boarding services on a per-day basis and not by the night. A full day of boarding will be charged on the day of drop-off regardless of the time of arrival, including evening arrivals, as the assigned suite is reserved exclusively for the pet for the entire day. On the day of check-out, pets may be picked up Monday through Saturday between 6:30 a.m. and 1:00 p.m. without charge for that day. Any check-out occurring after 1:00 p.m. Monday through Saturday will result in a full day boarding charge, regardless of the actual time of departure. This policy reflects that the boarding suite and staff resources are reserved for the pet for the entire day once the 1:00 p.m. check-out time has passed. On Sundays, check-out is permitted between 9:00 a.m. and 11:00 a.m. with no charge for that day; however, any check-out occurring between 2:00 p.m. and 6:00 p.m. on Sunday will incur a full day boarding charge. No check-outs are available between 11:00 a.m. and 2:00 p.m. on Sundays. All boarding charges are non-prorated, and partial days are billed as full days, including in cases of early pick-up, because the boarding suite and associated staff resources are reserved exclusively for the pet for the entire reserved day. Although staff will be present on all holidays to provide care, no drop-offs or pick-ups are permitted on Christmas Day, Thanksgiving Day, or the Fourth of July. Clients are responsible for planning drop-off and pick-up dates around these holidays and acknowledge that if a scheduled pick-up date falls on one of these holidays, boarding charges will continue to apply until the next available pick-up day.
   18. Overnight Care, Monitoring & Facility Safety. Pooch’s Boarding & Daycare does not maintain staff onsite at the facility overnight. Clients acknowledge and agree that pets are unattended by staff during overnight hours. The facility is not equipped with an automatic fire sprinkler or water suppression system. To support pet safety during overnight hours, Pooch’s Boarding & Daycare provides the following monitoring systems: 1. 24/7 video camera monitoring 2. Continuous temperature monitoring within the building 3. Automated temperature alerts that notify management if temperatures exceed or fall below established safety thresholds 4. 24/7 monitored temperature alert system, allowing off-site response if abnormal temperature conditions occur. Clients acknowledge that while these systems are designed to enhance safety and oversight, they do not replace physical, on-site supervision and cannot eliminate all risks associated with overnight boarding.
   19. Refunds.Pooch’s Boarding and Daycare will gladly accept returns of unopened and unused merchandise from our boutique within 30 days of purchase with proof of receipt, provided that the merchandise is in its original packaging with all tags attached, in resalable condition, and returned at the customer’s expense (unless the return is due to an error by Pooch’s Boarding and Daycare or a defect in the merchandise, in which case Pooch’s Boarding and Daycare will bear reasonable return shipping costs where required by applicable law). However, food items, bowls, beds, and bedding cannot be returned and are final sale. Since packages are discounted, packages of any services are non-refundable and, unless otherwise stated at the time of purchase, are (a) valid for use for 12 months from the date of purchase, (b) not redeemable for cash, and (c) non-transferable, except with Pooch’s Boarding and Daycare’s prior written consent. If Pooch’s Boarding and Daycare is unable to provide the services comprising the package for reasons within its reasonable control, Pooch’s Boarding and Daycare may, at its option and to the extent required by applicable law, provide substitute services of equivalent value or a credit toward other services.
   20. Resort Policies.I acknowledge that I have received, reviewed and signed a copy of Pooch’s Boarding and Daycare’s “Policies” in effect as of the date of this agreement (the “Policies”). For clarity, the parties acknowledge that the “Resort Policies” referenced herein are the written policies titled “Pooch’s Boarding and Daycare Policies”, a copy of which is attached to this agreement as Exhibit A and incorporated herein by this reference. I HEREBY AGREE TO BE FULLY BOUND BY ALL THE TERMS AND CONDITIONS OF THE POLICIES, AS THEY MAY BE REASONABLY AMENDED FROM TIME TO TIME BY POOCH’S BOARDING AND DAYCARE. Pooch’s Boarding and Daycare will provide notice of material changes to the Policies by email to the address on file and/or by posting the updated Policies at its facility and on its website, and my continued use of the services after such notice will constitute my agreement to the updated Policies.
   21. Duty to Disclose.I represent that I have disclosed and shall continue to disclose, any and all medical conditions and any other conditions, traits, or history, including, but not limited to, vaccination status, contagious illnesses or parasites, prior injuries, history of biting or scratching humans or other animals, fighting with other animals, resource guarding, escape attempts, separation anxiety, destructive behavior, and any other personality concerns or behaviors, including, but not limited to, personality concerns or behaviors that may affect, limit, or prevent my pet’s ability to participate in services provided by Pooch’s Boarding and Daycare. Failure by Owner to disclose any such medical, behavioral, or other conditions, or to update Pooch’s Boarding and Daycare if such conditions change, shall constitute a material breach of this Agreement. Owner acknowledges and agrees that Owner shall be responsible for, and shall indemnify, defend, and hold harmless Pooch’s Boarding and Daycare, its owners, employees, contractors, and agents from and against, any and all claims, demands, damages, losses, injuries, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any undisclosed or misrepresented medical, behavioral, or other conditions of Owner’s pet. I understand that Pooch’s Boarding and Daycare is relying on and will rely on those representations to provide a safe environment for both humans and animals.
   22. Controversy or Claim.I agree that any controversy or claim arising out of, or relating to this contract, or breach thereof, or as the result of any claim or controversy including the alleged negligence by any party to this contract, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, to be held in the county where Pooch’s Boarding and Daycare is located. Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction in the county where Pooch’s Boarding and Daycare is located for disputes or claims that are within the scope and monetary limits of that court, instead of proceeding in arbitration.  To the fullest extent permitted by law, any arbitration or legal proceeding shall be conducted solely on an individual basis and not in a class, collective, consolidated, or representative action. Neither Owner nor Pooch’s Boarding and Daycare shall have the right or authority for any dispute to be arbitrated or litigated on a class, collective, or representative basis or to act in a representative capacity on behalf of other persons or entities. Both parties waive the right to a jury trial for such claims, except as prohibited by law. BY SIGNING THIS AGREEMENT, OWNER UNDERSTANDS AND AGREES THAT (A) ANY DISPUTE BETWEEN OWNER AND POOCH’S BOARDING AND DAYCARE WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN), AND (B) OWNER AND POOCH’S BOARDING AND DAYCARE EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. I further agree that judgment upon award rendered by an arbitrator may be entered in any Court having jurisdiction thereof and the arbitrator may, as part of his or her award and to the extent permitted by applicable law, award to the prevailing party its reasonable attorneys’ fees and costs (including the costs of the arbitration).
   23. WAIVER, RELEASE AND INDEMNIFICATION. I RELEASE, WAIVE, DISCHARGE, INDEMNIFY AND AGREE TO HOLD POOCH’S BOARDING AND DAYCARE, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FOR ANY AND ALL MANNER OF DAMAGES, INJURY, CLAIMS, LOSS, LIABILITIES, COSTS OR EXPENSES, ATTORNEYS’ FEES, CAUSES OF ACTION OR SUITS, WHATSOEVER IN LAW OR EQUITY, ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED BY POOCH’S BOARDING AND DAYCARE, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, INCLUDING WITHOUT LIMITATION: (1) ANY INACCURACY IN ANY STATEMENT MADE BY MYSELF OR INFORMATION PROVIDED BY ME TO POOCH’S BOARDING AND DAYCARE; (2) MY PET, INCLUDING BUT NOT LIMITED TO DESTRUCTION OF PROPERTY, DOG BITES, INJURY, AND TRANSMISSION OF DISEASE; AND (3) ANY ACTION BY MYSELF THAT IS IN BREACH OF THE TERMS OF THIS AGREEMENT. For the avoidance of doubt, the indemnity and hold harmless obligations in this Section 22 specifically include, without limitation, any and all claims, demands, actions, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) asserted by any third party arising out of or relating to: (a) injury to any person, animal, or property caused by my pet while on the premises of or in the care of Pooch’s Boarding and Daycare; (b) transmission of disease or other condition by my pet; and/or (c) my breach of this Agreement or inaccuracy or incompleteness of any information I provide. These indemnity and hold harmless obligations shall survive the termination or expiration of this Agreement and my pet’s participation in any services provided by Pooch’s Boarding and Daycare.
   24. Entire Agreement. This Agreement constitutes the entire agreement between Pooch’s Boarding and Daycare and the Owner/Guardian with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements, representations, understandings, and communications relating to such subject matter. The Owner/Guardian acknowledges that they are not relying on any representations or statements by Pooch’s Boarding and Daycare or its representatives that are not expressly set forth in this Agreement. This Agreement may be amended only by a written instrument signed by both Pooch’s Boarding and Daycare and the Owner/Guardian.
   25. Affirmation.Each time I bring my pet into Pooch’s Boarding and Daycare, I am re-affirming the terms of this agreement, including any updated versions of this agreement that have been provided to me or made reasonably available to me (such as by posting at the facility or on Pooch’s Boarding and Daycare’s website) and any additional representations or releases I have agreed to in writing, and the truthfulness and accuracy of all the statements I have made in this agreement. I further agree that I have a continuing obligation to promptly notify Pooch’s Boarding and Daycare, in writing where feasible, of any changes to my pet’s health, behavior, vaccination status, or other material information previously provided, and I reaffirm that Pooch’s Boarding and Daycare may rely on the accuracy and completeness of the information I provide. I agree to be responsible for, and to indemnify and hold harmless Pooch’s Boarding and Daycare from and against, any losses, claims, or damages arising out of my failure to provide accurate or updated information about my pet. For clarity, Pooch’s Boarding and Daycare may update this agreement from time to time. I understand that I will be provided with, or given reasonable notice of, any materially revised agreement and asked to sign or otherwise affirmatively accept such revised agreement before it becomes effective for future services. My continued use of Pooch’s Boarding and Daycare’s services after such notice and acceptance will constitute my agreement to the updated terms.