This agreement (the "Agreement") is entered into on this day and continues for the life of the Pet/s by and between EMBASSY VETERINARY CENTERS ("EMBASSY). a Tennessee limited liability company, and the pet owner(s)whose signature appears below (the "Owner") (EMBASSY and Owner shall jointly be referred to herein as the "Parties").
WITNESSETH
WHEREAS, All EMBASSY offers Veterinary, Boarding, Daycare and Grooming services for Pets to the public, which services are defined below; and
WHEREAS, All EMBASSY offers for sale a limited amount of Pet Products for the convenience of its clients, which products are defined below; and
WHEREAS, Owner has chosen EMBASSY to provide some or all of the services and/or products set forth herein.
NOW, THEREFORE, IN CONSIDERATION of all the forgoing, and other good and valuable consideration, the Parties agree as follows:
1. Definitions. In this Agreement, the following terms shall have the following meanings:
(a) "Pet" shall mean any animal brought to EMBASSY for Veterinary, Boarding, Daycare and/or Grooming Services:
(b) "Owner" shall mean the legal owner(s) of the Pet if different from the person who presents the Pet to EMBASSY and the person who signs this Agreement is not the legal owner, then that person is representing that they are the owner for this transaction and have full authority to bind the legal owner and to act on behalf of the legal owner; moreover, if the person signing this Agreement is not the legal owner of the Pet, that person agrees to be bound personally as an owner to the terms of this Agreement with or without the legal owner.
(c)Veterinary shall mean all medical or surgical treatment for your pet.
(d) "Boarding Services" shall mean EMBASSY providing Owners Pet(s) assigned enclosure for duration of stay, feeding as directed on registration form, and daily exercise; however, veterinary services and animal medical care are specifically excluded from this definition of Boarding Services but may transfer to Veterinary Services if deemed necessary.
(e) "Grooming Services" shall mean to cut, clip or otherwise remove hair from a Pet, or to bathe, clean, shampoo, or otherwise remove dirt from the hair and/or skin of a Pet, or to remove observed parasites from a Pet, or any combination of the above;
(f) "Pet Products" shall mean but not be limited to, medications, animal food, pet supplies and/or other goods sold to Owners, and all of which are manufactured and packaged by third parties.
2. Payment for Services and/or Pet Products. Owner agrees to pay in full Embassy rates for Veterinary Care, Boarding Services, Daycare, Grooming Services, and/or Pet Products/Medication, as requested by the Owner, at the Embassy rates in effect on the date the Pet(s) is/are checked into EMBASSY. Owner further agrees that all charges incurred shall be due and payable upon the departure of the Pet(s) and the Pet(s) shall not leave until all charges have been paid in full.
3. Owner Warranties and Representations. Owner warrants and represents that he, she, or they is/are the sole Owner(s) of the Pet(s), free and clear of all liens and encumbrances. By signing this Agreement, Owner warrants the accuracy of all the information provided by Owner herein, and on the Registration Form, which is incorporated by reference and made a part hereof. Owner represents that to the best of his or her knowledge, the Pet(s) have not been exposed to rabies or distemper within a thirty (30) day period preceding being presented at EMBASSY for any Boarding and/or Grooming Services. Owner further acknowledges that the pet has not bitten anyone or shown aggression toward anyone in the past and does not pose a threat to Embassy staff.
4. Authorization for Medical/Veterinary Services and Payment Responsibility. In the event the Owner's Pet(s) should, in the sole discretion of EMBASSY. which discretion shall not be challenged for any reason, need medical/veterinary attention for illness or injury, or heavy sedation for posing a threat to other pets or Embassy Staff during the time the Pet is at , EMBASSY is expressly authorized to engage the services of EMBASSY’S veterinarian or any other Veterinarian or Veterinary facility , transport the Pet to a facility, at owners expense, where additional veterinary services can be provided, administer medicine, and/or to authorize the veterinarian to exercise all measures deemed by the veterinarian necessary to treat the illness, injury or aggressive behavior. In such an event, EMBASSY is also authorized to agree to all recommendations made by the veterinarian for medical treatment, including the withholding or cessation of life saving measures. Owner agrees that EMBASSY shall not be liable or in any manner held responsible for the quality of care and/or treatment provided by any veterinarian or other provider of animal medical care, and Owner does hereby expressly waive any and all such claims against EMBASSY, including but not limited to claims for choosing a certain veterinarian or pet care facility to provide treatment to Owner's Pet(s). Owner agrees to pay for all charges and expenses for veterinary and other medical care for Owner's Pet(s), including medicines and medical supplies. Owner acknowledges that they understand some pets may have underlying medical conditions that may not be known at time of admission. These include but are not limited to heart disease, kidney disease, liver disease, cancer, allergies, separation anxiety that may lead to constant licking, rubbing theirs noses constantly, refusing to eat or drink, or other mental or medical conditions. In some cases, these conditions can be revealed due to the stress of boarding, grooming or daycare. Owner further agrees that they will release EMBASSY from any liability should any of these or any conditions occur during the time the pet is in EMBASSY’S care.
5. Lien Granted by Owner. Owner hereby grants EMBASSY a lien on Owner's Pet(s) for any and all unpaid charges for Boarding and/or Grooming Services, or Pet Products, and in the case of abandonment by Owner. Owner agrees that in the event all charges are not paid when due in accordance with this Agreement, EMBASSY may exercise its lien right upon ten (10) days written notice given by EMBASSY to Owner by U.S. certified mail sent to the address provided by Owner in the Registration Form. Notice is hereby given Owner that under Tennessee law, Pet(s) may be sold to satisfy any and all unpaid charges, at public or private sale, in the sole discretion of EMBASSY, and Owner specifically waives all statutory or legal rights to the contrary. In the event such a sale does not secure a price adequate to satisfy all outstanding charges, plus the costs of the sale, the Owner shall remain liable to EMBASSY for the difference. Pets shall be deemed abandoned if not picked up by Owner on the day scheduled for pick-up without making alternative arrangements with EMBASSY. Abandoned pets may also be surrendered to animal control.
6. Owner Liable for Acts of Pet(s); Indemnify and Hold Harmless. Owner shall be solely responsible for any and all injuries and/or damages proximately caused by Owner's Pet during Pet's stay at EMBASSY or while pet is on EMBASSY’S premises, which shall include but not be limited to injuries and/or damages sustained by other pets, business invitees, guests, employees or owners of EMBASSY. In the event any claim, demand, or cause of action is made or filed against EMBASSY, its owners, agents and or/employees, to recover for any loss caused by, or alleged to have been caused by Owner's Pet, Owner shall indemnify and hold harmless EMBASSY, its owners, agents and/or employees, as the case may be.
7. EMBASSY to Exercise Reasonable Care and Limitation of Liability. EMBASSY shall exercise reasonable care for the Pet(s) delivered by the Owner. It is expressly agreed by Owner that EMBASSY' liability to the Owner shall in no event exceed the then current chattel value of a pet of the same species, or Two Hundred Fifty and Zero/ 100 Dollars ($250.), whichever is less.
8. Canine Respiratory Disease (Kennel Cough) is a multifactorial disease. Despite having current vaccinations against Canine Influenza, Bordetella, Parainfluenza, and Adenovirus, in a boarding or grooming environment, a dog may still develop Kennel Cough. EMBASSY Pet Care takes every precaution to prevent infectious diseases. By choosing to board or groom, I recognize and accept the risk that my pet may contract an infection.
9. Pictures and/or Images of Pets are Permitted. Owner consents and authorizes EMBASSY to photograph and/or digitally record audio and/or video of Owner's Pet(s) and to use any and all such photographs and/or digital recordings for any purpose, including but not limited to advertising or other promotional uses; and further, Owner forever waives any all claims for fees or right to payment for the use by EMBASSY of any picture, movie, video, likeness, or other depiction of Owner's Pet(s).
10. Electronic Mail and Social Media Communications. To the extent possible, Owner agrees to provide EMBASSY with an email address, text messaging number, or other means of instant electronic messaging, which shall be specified by Owner, and set forth in Owner's profile maintained by EMBASSY regarding Owner's Pet(s) via the method of electronic mail or social media designated by Owner.
