1. Disclosure: By using services and leaving your pet with Lush Spaw, Owner verifies that all the information provided to Lush Spaw either in writing or verbally about the Dog is correct. Owner represents that he or she is the sole Owner of the Dog. Owner represents that each time Dog is brought to Lush Spaw; he/she is re-verifying that Dog is in good health and has not had any communicable illness for 30 days prior to check-in.
2. Assumption of Risk: Owner acknowledges and is aware that the employees of Lush Spaw are not veterinarians and do not have backgrounds in animal medicine and are not expected to diagnose or detect illnesses in the Dogs utilizing Services at Lush Spaw. Owner understands that Lush Spaw’s salon environment allows Dogs to be in close contact with each other. Owner understands that no amount of vaccination requirement, supervision, sanitation, or personalized care from Lush Spaw can be 100% certain to prevent Dog from being injured or contracting an airborne virus or communicable disease. Despite these precautions, Owner understands these risks are inherent to the Services, and hereby releases Lush Spaw, its employees, members, or other agents, from any losses, damages, costs, and expenses arising out of or in connection with any injury, communicable disease, airborne virus, or any other medical condition contracted by Owner’s Dog at Lush Spaw. This also applies to any claims for injuries or damages related to medical care or transport. Owner agrees to be held solely responsible for all costs associated with bringing or picking up Dog to participate in Services at the Lush Spaw. Such risks may include property damage and/or physical injury inside or outside the facility, such as from falling, slipping, illness, and/or dog bites. Owner voluntarily releases, forever discharges, and agrees to hold harmless and indemnify Lush Spaw, its agents, successors, heirs from all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with Dog’s participation in activities and services at Lush Spaw, including those allegedly attributable to the negligent acts or omissions of Lush Spaw or their employees.
3. Medical Attention: In the event of an injury, emergency, or when Lush Spaw, in its sole discretion, deems medical care is important to Dog, Owner authorizes Lush Spaw to obtain medical attention for Dog. Owner grants to Lush Spaw full power of decision making involving the medical treatment of Dog (including transport and care to and from any agent) and agrees to pay for all costs associated with medical treatment. If the illness or injury requires medical attention, Lush Spaw will make every effort to contact Owner. Owner accepts responsibility for all associated expenses.
4. Acts & Abandonment: If Dog is not picked up on the scheduled check out date, the Owner will be charged an overnight rate. Lush Spaw will use its best efforts to contact Owner or pre-approved agent to pick-up dog. After 14 calendar days, if no contact is made by Owner, Dog is considered abandoned. Lush Spaw will report abandoned dogs and take appropriate action if not contacted by Owner within the allowed time. Owner understands that Dog abandonment may be a criminal or civil violation.
5. Behavior: Owner agrees to be solely responsible for any and all acts or behavior of Dog while in the care of Lush Spaw, including cost of injury to stall or other dogs or damage to facilities caused by Dog. Owner agrees to indemnify Lush Spaw and its agents against any claims made against Lush Spaw or its employees, members or other agents, or losses or damages of any kind suffered by Lush Spaw or its agents as a result of Owner’s failure to inform Lush Spaw of any pre-existing condition Dog may have (such as illness or aggression problems) or which were otherwise caused by Dog in the event that Lush Spaw is made a party to any lawsuit, arbitration, charge, or investigation relating to Owner’s or Dog’s actions, conduct, or Owner’s failure to act.
Owner shall indemnify, defend, and hold Lush Spaw harmless from and against any claims, actions, causes of action, fines, penalties, costs, or claims of loss of any type or nature which are attributable in whole or in part to Owner’s or Dog’s actions, conduct, or Owner’s failure to act.
6. Photos: Owner gives Lush Spaw permission to make photos, graphics, sounds, or other likeness of Dog; edit, copy, publish or distribute images; and use them in any of its publications, including website entries, without payment or consideration. Owner agrees that these materials become the property of Lush Spaw and will not be returned. Owner waives any right to royalties or compensation related to use of images.
7. Payment: Lush Spaw accepts cash, Visa, MasterCard, American Express, Discover, Lush Spaw Gift Cards, and personal checks. Payment for all services and products will be paid at check-out. All services must be paid for in full prior to Dog being released to Owner. A valid credit card must be kept online at all times. Cards are safe and encrypted in our POS system. In the event it is necessary to initiate collection proceedings on the account, Owner will be responsible for all attorney fees and costs of collection, and these fees will be added to the outstanding balance. Returned checks are subject to a fee of $40. If any amounts remain due after thirty days, Lush Spaw reserves the right to impose interest at the rate of 1.5% per month until paid.
8. Understanding: This Agreement contains the entire agreement between the parties. All terms and conditions of this Agreement shall be binding on the heirs, administrators, personal representatives, and assignees of Owner and Lush Spaw. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or as the result of any claim or controversy involving the alleged negligence by any party to this Agreement, shall be settled in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by an arbitrator may be entered in any Court having jurisdiction thereof. The arbitrator shall, as part of the award, determine an award to the prevailing party of the costs of such arbitration and reasonable attorney’s fee of the prevailing party. The arbitrator(s) shall apply the state’s law to the merits of any dispute or claim, without reference to conflicts of law rules. The parties hereby consent to the personal jurisdiction of the state and federal courts and agree that such courts shall have the sole and exclusive jurisdiction for any action or proceeding arising from or relating to this agreement or relating to any arbitration in which the parties are participants. The parties understand that by signing this Agreement that they will submit any claims arising out of, relating to, or in connection with this agreement or the interpretation, validity, construction, performance, breach, or termination thereof, to bring arbitration, and that this arbitration clause constitutes a waiver of the party’s right to a jury trial and related to the resolution of all disputes relating to all aspects of the relationships between all parties.