PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE PURCHASING ANY PRODUCTS OR SERVICES FROM BEACH BUDS DOG WALKING LLC (D/B/A BEACH BUDS DOGGY DAYCARE).
This agreement (this “Agreement”) is between Beach Buds Dog Walking LLC, (d/b/a Beach Buds Doggy Daycare)(“Beach Buds”) and you, the client. In order to use our products and services and place your dog (or dogs) in our care at a dog daycare facility, you must agree to the following terms in full.
1. This Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior negotiations, agreements and understandings between the parties. Your acceptance of this Agreement is constituted by checking the box that says “I Agree” below this Agreement.
2. Email Subscription List
When you fill out the electronic enrollment application, the email address you provide will be automatically added to our mailing list. Beach Buds will provide any notifications of rate changes, updates to these terms, and emergency closures by way of an email sent to all recipients on this list. As such, it is solely your responsibility to check your email for any notifications from us, and to provide us with any updates as to the email address to which we should deliver such notices.
The cost of our services shall be those which are posted on our website, www.beachbudsdoggydaycare.com, and as such any changes in the cost of our service shall not require an amendment to this Agreement. Beach Buds shall provide seven days advance notice of any rate change, by an email sent to all recipients on our subscription list, and your continued use of our service after this seven day period constitutes your acceptance of the change in cost of our services.
If an agreement is made between you and Beach Buds, specifying a cost of service other than that posted on our website, you have the right to request from us a written agreement indicating such.
Payments are due by 7:00pm on any day during which you use our service. We may allow, at our discretion, clients to pay on a weekly basis. However, in such a scenario, your failure to pay the full balance owed for a week by 7:00pm on the Friday of that week will result in a 10% late fee on that balance, and may result in the loss of your privilege to pay on a weekly basis.
Any outstanding balances remaining after thirty days will be turned over to a collections agency, and may result in legal action. You agree to be fully liable for any and all costs incurred by Beach Buds (including without limitation reasonable attorney fees and expenses) as the result of such an event.
Beach Buds will use its best efforts to provide a clean, safe, and secure environment for your dog while it is in our care.
Dogs left at any of our daycare facilities may be taken off the premises periodically by one of our staff for routine walks. We may, at our sole discretion, use our own leashes and/or collars on your dog while it is in our care.
We are not responsible for any damages to, or loss of, any personal property you leave in our care, including, but not limited to, leashes and collars.
Except for routine walks or emergency medical service, your dog will not be taken off of the premises of the daycare facility at which you left it without your express consent.
We will not release your dog from daycare to anyone besides you, except to any authorized co-owners or third parties who you specified on the enrollment form you submitted to us electronically. If you wish for someone who you did not authorize to pick up your dog, you need to let us know in advance or we will not release your dog to that person. If you wish for a person to be able to pick your dog up without you notifying us, you must add them as an authorized person via the electronic form available on our website.
All dogs left in our care must be up to date on Rabies, Parvo, Distemper, and Bordatella vaccinations, as well as a flea and tick preventative. It is your responsibility to continually provide us with updated shot records as it becomes necessary. By bringing your dog to Beach Buds, you confirm that they are up to date on all required vaccinations, whether or not you provided proof of such vaccinations. Further, you agree that, should you fail to keep your dog’s vaccinations up to date, you will be held fully liable and you agree to indemnify Beach Buds for any and all expenses (including without limitation reasonable attorney fees and expenses) and damages incurred by Beach Buds as a result of that failure.
All dogs left in our care must be spayed or neutered if they are older than six months of age. By bringing a dog who is over six months old to Beach Buds, you confirm that they are spayed or neutered, and you agree that should this not be the case, you will be held fully liable and you agree to indemnify Beach Buds for any and all expenses (including without limitation reasonable attorney fees and expenses) and damages incurred by Beach Buds as a result.
If your dog experiences any medical problem while in our care, we will first attempt to contact you via the method you selected for this purpose on our enrollment form. If we are unable to contact you, we will attempt to contact the dog’s co-owner (if applicable), and then the emergency contact you specified. If we are unable to make contact with any of these people for instructions, or if we deem the problem to be a medical emergency, we will transport your dog to a licensed veterinarian of our choosing for treatment. In the event that this occurs, we are in no way liable for any damage caused to your dog by transportation and/or treatment. Additionally, any costs of such treatment are solely your responsibility, and if we pay for any treatments or medications at the time they are administered, you are responsible to reimburse us for the full amount of any expenses within 24 hours.
Any dog showing signs of aggression to other dogs or humans will lose the privilege of attending the daycare. If this occurs, we will attempt to contact you immediately. If we are unable to reach you, we will keep your dog separated from all other dogs until you are able to pick it up, and you will be notified at that time.
If your dog bites another dog or a human while in our care, you agree to be fully liable and indemnify Beach Buds for any such actions. You hereby release us from any and all liability that may result from such events and you agree to indemnify Beach Buds for any and all expenses (including without limitation reasonable attorney fees and expenses) and damages incurred by Beach Buds as a result.
You understand that when you leave your dog in our care, it will engage in supervised play with other dogs. As such, it may occasionally suffer scratches and/or minor bites. This is a normal occurrence at a dog daycare, and you agree that the infliction of any such minor wounds does not constitute a breach of Beach Buds obligation to provide a safe and secure environment for your dog and shall ion no way make Beach Buds liable for any such actions.
Under no circumstances is Beach Buds responsible for any injury, death, or contraction of disease of any dog in our care. By bringing your dog to a daycare, you are exposing them to an increased risk of injury and disease. You hereby release us from any and all liability for any damages that may occur while your dog is in our care.
If you choose to provide Beach Buds access to your home (whether with a digital code or keys), for the purpose of picking up or dropping off your dog, you hereby release us from any and all liability for any damages or loss that may occur as a result of us having access to your home.
We may refuse to provide any services to any person, at any time, for any reason, and likewise may refuse to allow any dog to enter a daycare at any time, for any reason, regardless of whether it has been accepted into the daycare previously.
Our daycare facilities close at 7:00pm. If you fail to pick up your dog before 7:30pm, and have not contacted us, and we are unable to contact you, a co-owner (if applicable) or your emergency contact, your dog will be brought home with one of our staff for the evening and you will be charged a $100 fee. If this happens, you will be able to pick your dog up from Beach Buds the following morning after paying the fee and any balance owed on your account. If you fail to pick up your dog within 48 hours of the daycare closing, and we are unable to contact you, your dog will be considered abandoned.
We retain the right to take photographs and/or videos of your dog while it is in our care, and by bringing your dog to one of our daycare facilities, you hereby grant Beach Buds permission to use and copyright any images, videos, or likenesses of your dog, created by us or under our direction, indefinitely and for any reason and on any type of media, without notification or compensation to you.
6. Updates to this Agreement.
We may update the terms of this Agreement at any time, and shall provide seven days advance notice of any updates, by an email sent to all recipients on our subscription list, and your continued use of our service after this seven-day period constitutes your acceptance of the updated terms.
In the event that any of the terms of this Agreement are held unenforceable, all remaining terms of this Agreement shall remain in full force and effect.
The failure of Beach Buds Doggy Daycare to enforce any term or condition of this Agreement does not affect our right to enforce any or all of the terms or conditions at any time thereafter.
IN NO EVENT SHALL BEACH BUDS HAVE ANY LIABILITY TO YOU FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND SIMILAR CLAIMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR FORM OF ACTION. IN NO EVENT SHALL BEACH BUDS’ LIABILITY HEREUNDER EXCEED THE TOTAL OF ALL FEES AND OTHER AMOUNTS PAID BY YOU TO BEACH BUDS.
10. Governing Law.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any action arising out of or in any way related to this Settlement shall be brought in a court of competent jurisdiction in the County of Nassau, State of New York.