DOG BOARDING OF SAN ANTONIO, LLC
TERMS OF SERVICE (SERVICES AGREEMENT)
PLEASE READ CAREFULLY BEFORE PROCEEDING. BY DIGITALLY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
This Terms of Service ("Agreement") is entered into between the pet owner ("Owner," and may also be referred to as "Client," "Customer," or "User") and Dog Boarding of San Antonio LLC, a Texas limited liability company with a business address at 10718 Expedition Creek, San Antonio, TX 78254, and contact number 210-502-4415 ("Provider," and may also be referred to as "Company," "Facility," or "we").
Dog Boarding of San Antonio LLC is a limited liability company duly organized and existing under the laws of the State of Texas. The Owner acknowledges and agrees that all services provided under this Agreement are rendered solely by the Company, as a distinct legal entity, and not by any individual member, manager, officer, employee, agent, or representative of the Company in their personal capacity. The limitations of liability afforded to limited liability companies under Texas law are expressly incorporated herein.
1. Definitions:
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
"Agreement" means these Terms of Service, including referenced schedules and policies, as may be amended.
"Dog(s)" or "Pet(s)" means the animal(s) owned by the Owner and brought to the Facility for Services.
"Facility" means the physical premises of Dog Boarding of San Antonio LLC located at 10718 Expedition Creek, San Antonio, TX 78254.
"Owner" means the individual(s) or entity entering into this Agreement as the owner or legal custodian of the Dog(s).
"Provider" means Dog Boarding of San Antonio LLC, its members, managers, officers, employees, agents, and representatives.
"Services" means the dog boarding, daycare, and any ancillary services provided by the Provider to the Owner for the Dog(s), as specified in the applicable reservation.
"Reservation" means a confirmed booking for Services for a specific Dog(s) and duration.
"Digital Acceptance" means any electronic method by which the Owner indicates agreement to these Terms, including but not limited to clicking an "I Agree" button, checking a box, submitting an online form, or proceeding with a reservation through the Provider's website or online portal.
"Released Parties" means the Company, its owners, officers, employees, agents, and representatives.
2. Scope of Services:
The Provider agrees to provide professional dog boarding and/or daycare services for the Owner's Dog(s) at the Facility, subject to the terms and conditions of this Agreement and the specifics of each Reservation. The scope of Services may include, but is not limited to:
Supervised care and accommodation for the Dog(s) during the reserved period.
Feeding and watering of the Dog(s) according to the Owner's provided instructions.
Administering medication to the Dog(s) as specifically instructed by the Owner in writing, provided the medication is non-injectable and the Dog(s) is cooperative.
Opportunities for exercise and socialization with other dogs, subject to temperament assessment and at the Provider's sole discretion.
Basic cleaning and maintenance of the Dog(s)'s designated area.
Observation of the Dog(s)'s health and behavior, and notification to the Owner in case of concerns.
The Provider reserves the right to modify the scope of Services or implement additional services at its discretion, without prior direct notice, provided that such modifications or additions are communicated.
3. Understanding of Risks:
The Owner understands and acknowledges that interacting with dogs, whether in a boarding or daycare setting, involves inherent risks. These risks include, but are not limited to:
Physical injury to the Owner, the Owner's dog(s), or other individuals or animals, which may result from bites, scratches, nips, jumps, or other actions by dogs.
Illness or disease that may be transmitted between dogs.
Behavioral issues that may arise in a group setting, such as aggression, anxiety, or property damage.
Accidental injury or death of the Owner's dog(s) due to unforeseen circumstances.
The Owner understands and accepts these inherent risks associated with their pet's stay and the Services provided by the Company.
4. Limited Liability Company:
The Owner acknowledges that Dog Boarding of San Antonio, LLC is a Limited Liability Company formed under the laws of the State of Texas. The Owner understands that the Company is designed to separate personal liability from business operations. The Owner agrees that the Company, as a separate legal entity operating in Bexar County, Texas, is solely responsible for any claims or liabilities arising from the provision of the Services, and that the owners (including Nicole Castillo) and employees of the Company are not personally liable for such claims, except in cases of gross negligence or willful misconduct.
5. Reservations and Check-In/Check-Out Procedures:
The Owner agrees to abide by the Provider's procedures for all reservations, check-ins, and check-outs.
Reservations: All services require reservations, which are subject to availability. A reservation is considered confirmed only upon explicit acceptance by the Provider and receipt of full payment as detailed in the Payment, Cancellation, and Termination (Section 7).
Check-In/Check-Out: The Owner agrees to bring the Dog(s) to and pick up the Dog(s) from the facility during the designated Pickup & Drop-Off Hours outlined in Section 5.1.
Late Pick-Up: Failure to pick up the Dog(s) by the scheduled check-out time may result in additional charges at the Provider's standard daily rate.
5.1. Pickup & Drop-Off Hours
All arrivals and departures must occur during the Provider's posted hours.
Monday - 8:00 AM - 12:00 PM + 4:00 - 5:00 PM
Tuesday - By request only
Wednesday - By request only
Thursday - 8:00 AM - 12 pm; 4:00 PM - 5:00 PM
Friday - 8:00 AM - 12 PM; 4:00 PM - 5:00 PM
Saturday - Sunday: 9:00 AM - 12:00 PM
A 15- minute period is allowed for all scheduled drop - off and pick - up appointments. Arrivals outside this grace period must be approved in advance and my be subjected to additional fees.
The Provider cannot accommodate arrivals or pickups outside of these hours without a prior arrangement. Additional fees may apply for pre-arranged exceptions.
6. Key Policies to Acknowledge:
The Owner acknowledges and agrees to the following key policies:
Video Surveillance: The Facility is monitored by video surveillance for the safety and security of the dogs.
Payment & Cancellation Policy: Payment for services is due at the time of booking. Cancellation policies include a 72-hour notice period for regular reservations and a 14-day notice period for holiday reservations, as outlined in Section 7.
Right to Refuse/Terminate Services: The Provider reserves the right to refuse or terminate services at any time if the Dog(s) poses a safety risk or the Owner is non-compliant with Company policies.
Refund Policy: No refunds or credits will be issued for early departures or for services terminated due to the Owner's breach of the Agreement.
Vaccination Requirements: The Owner agrees to provide proof of up-to-date vaccinations for their Dog(s) before or upon arrival.
Health & Mobility Requirements: The Owner agrees to disclose any medical conditions or mobility limitations at the time of booking.
Emergency Contact & Veterinary Care: The Owner agrees to provide current emergency contact information and authorizes the Provider to seek veterinary care for the Dog(s) at the Owner's expense.
Abandoned Dogs: If Dog(s) are not picked up within three (3) days of the scheduled pick-up date without communication, the Dog(s) may be considered abandoned and surrendered to appropriate authorities.
Non-Disparagement Clause: The Owner agrees to address concerns directly with the Provider before making any public statements.
7. Payment, Cancellation, and Termination:
7.1. Payment & Cancellation Policy
To confirm a Reservation, full payment for Services is required at the time of booking.
Regular Cancellations:
72 hours or more before arrival: Full refund.
Less than 72 hours before arrival: Charged one night's boarding fee; remainder refunded.
Holiday Cancellations:
14 days or more before arrival: Full refund.
Less than 14 days before arrival: Full payment forfeited.
Early Departures: No refunds or credits will be issued for early departures, as the reserved space has been held exclusively for the Owner's Pet.
7.2. Provider's Right to Refuse or Terminate Services
The Provider reserves the absolute right to refuse service or terminate this Agreement at any time, with or without cause, upon providing reasonable notice. Reasons may include safety concerns, health risks, Owner non-compliance, inaccurate information, or failure to provide vaccination records.
7.3. Refunds upon Termination by Provider
In the event of termination by the Provider (except in cases of the Owner's breach or safety concerns), any pre-paid amounts for Services not yet rendered will be refunded on a prorated basis.
8. Entire Agreement:
This Agreement constitutes the entire agreement between the Owner and the Provider and supersedes all prior communications, representations, and agreements, whether oral or written.
9. Amendments:
This Agreement may be amended by the Provider at any time. Amendments will be effective upon posting. The Owner's continued use of Services constitutes acceptance of revised terms.
10. Liability, Waiver, and Indemnification:
a. Limitation of Liability: The Provider's liability shall be limited to the total amount paid by the Owner for the specific Services in question. The Provider shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
b. Waiver and Release of Liability: The Owner fully and forever releases, waives, and discharges the Released Parties from any and all claims arising out of or connected with the Services, including injury, death, illness, or behavioral incidents involving the Owner's pet, arising from the inherent risks of dog boarding and daycare, or the negligence (but not gross negligence or willful misconduct) of the Released Parties.
c. Indemnification by Owner: The Owner agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims arising from: the Owner's breach of this Agreement; the behavior, actions, or health condition of the Owner's Dog(s); the Owner's provision of inaccurate information; any negligent or willful act or omission of the Owner; or any claims by third parties arising from the Owner's relationship with the Dog(s).
11. Health and Vaccinations:
11.1. Vaccination Requirements: The Owner warrants that the Dog(s) are current on all required vaccinations including rabies, DHPP, and Bordetella. Written proof from a licensed veterinarian must be provided before or upon arrival.
11.2. Health and Mobility Requirements: The Provider cannot accept dogs that are non-mobile, severely ill, or unable to move on their own without prior approval. The Owner must disclose any medical conditions or limitations at the time of booking.
11.3. Health Warranty: The Owner warrants that the Dog(s) are in good health and free from contagious diseases or parasites.
11.4. Right to Isolate: The Provider reserves the right to isolate any Dog(s) suspected of contagious illness.
11.5. Veterinary Examination: The Provider reserves the right to require a veterinary examination at the Owner's expense if there are concerns about the Dog(s)'s health.
12. Emergency Contact and Veterinary Care:
The Owner shall provide current emergency contact information. The Owner authorizes Dog Boarding of San Antonio, LLC to seek veterinary care for the Dog(s) at the Owner's expense in the event of a medical emergency. The Owner agrees to be solely responsible for all associated veterinary costs.
13. Force Majeure:
Neither party shall be liable for delays caused by events beyond their reasonable control, including acts of God, natural disasters, war, government regulations, pandemics, or utility failures.
14. Severability:
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Waiver:
No failure to exercise any right or provision of this Agreement shall constitute a waiver. No waiver shall be effective unless expressly stated in writing and signed by the waiving party.
16. Dispute Resolution:
Negotiation: Parties shall first attempt good-faith negotiation.
Mediation: If negotiation fails, parties agree to non-binding mediation in Bexar County, Texas. Costs shared equally.
Binding Arbitration: If mediation fails, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in Bexar County, Texas. The arbitrator's decision is final and binding.
17. Counterparts:
Not applicable for digital acceptance. This Agreement is a single, integrated electronic document.
18. No Show Policy:
A No Show occurs if the Owner fails to arrive for a scheduled Reservation without proper cancellation notice. The Owner agrees to pay a fee equivalent to one full day of the reserved Service. No Show fees are non-refundable. Repeated No Shows may result in refusal of future Reservations.
19. Protection of Business Name and Personal Property:
The business name "Dog Boarding of San Antonio LLC" and all associated trademarks are the exclusive property of the Provider. The Provider is not responsible for personal belongings brought to the Facility. Items left for more than three (3) days after pick-up may be deemed abandoned.
20. Unauthorized Use of Business Name:
The Owner is prohibited from making unauthorized representations of affiliation with Dog Boarding of San Antonio LLC. Any such unauthorized use may result in legal action.
21. Loopholes and Unforeseen Circumstances:
Any situation not explicitly addressed in this Agreement shall be resolved by the Provider in its sole and reasonable discretion, consistent with applicable Texas law and the well-being of the animals in its care.
22. Incident of Injury to Another Pet:
The Owner acknowledges that incidents of injury to another pet may occur. If the Owner's Dog(s) causes injury to another pet, the Owner may be held liable for all related veterinary costs. The Provider reserves the right to separate dogs or terminate Services if aggressive behavior is exhibited.
23. Boarding/Daycare Eligibility Criteria:
The Provider reserves the sole right to determine the eligibility of any Dog(s) for its Services, based on age, health, behavior, vaccination status, breed-specific restrictions, or any other reason deemed to pose a risk.
24. Photograph and Video Release:
The Owner grants the Provider the irrevocable right to capture, use, and distribute photographs and videos of the Owner's Dog(s) for promotional, marketing, and educational purposes in any media, worldwide and in perpetuity, without compensation.
25. Aggressive Behavior:
The Owner warrants that their Dog(s) has no history of aggressive behavior. If aggressive tendencies are exhibited, the Provider may immediately separate the Dog(s) or terminate Services without refund. The Owner is responsible for any damages or injuries caused by their Dog(s).
26. Pet Surrender:
The Owner explicitly agrees that utilizing the Provider's Services is not intended as a means of surrendering or abandoning their Pet(s). Intentional failure to retrieve a Pet(s) within the timeframe outlined in Section 31 will be considered abandonment and may result in legal remedies against the Owner.
27. Owner's Certifications:
By digitally accepting these Terms, the Owner certifies that:
They are the legal owner of the Dog(s) or have legal authority to act on behalf of the owner.
All information provided regarding the Dog(s) is truthful, accurate, and complete.
They have read, understood, and agree to all terms and conditions of this Agreement.
They have the financial capacity to pay for the Services and any additional charges.
28. Flea and Tick Protection Requirement:
All Dog(s) admitted for Services must be currently on a veterinarian-approved monthly flea and tick preventative treatment. If fleas or ticks are detected, the Provider reserves the right to administer treatment at the Owner's expense. The Owner releases the Provider from liability related to flea or tick transmission, provided the Provider adheres to standard pest control practices.
29. Assumption of Risk:
The Owner acknowledges and expressly assumes all risks associated with dog boarding, daycare, group play, and social interaction among animals, including potential for injury, illness, stress, anxiety, and death. The Owner releases Dog Boarding of San Antonio LLC from all liability for any injury, illness, death, or adverse outcome during Services, except in cases of gross negligence or willful misconduct.
30. Damage to Facility or Property:
The Owner agrees to be held responsible for any damage to the Provider's Facility, equipment, or property caused by the Owner's Dog(s) beyond normal wear and tear. The Owner will be liable for the full cost of repair or replacement as determined by the Provider.
31. Abandoned Pet Clause:
If the Owner fails to pick up their Dog(s) within three (3) calendar days after the agreed-upon pick-up date without communication, the Provider shall consider the Pet(s) abandoned and may surrender the Dog(s) to animal control or a licensed rescue organization. The Owner remains fully responsible for all accrued boarding fees, veterinary expenses, and costs associated with rehoming.
32. Non-Disparagement Clause:
The Owner agrees to refrain from making any public statements, including reviews on websites or social media, that may disparage Dog Boarding of San Antonio LLC, its owners, managers, employees, or agents. Concerns must first be addressed directly with the Provider in good faith.
33. Video Surveillance:
The Owner acknowledges and consents to the Provider's use of video surveillance within and around the Facility for safety, security, liability management, and quality control. Video recordings are the sole property of the Provider.
34. Emergency Boarding Extensions:
If unforeseen circumstances prevent the Owner from picking up their Dog(s) at the scheduled time, the Owner must notify the Provider as soon as possible. Extended boarding is subject to availability and the Provider's sole discretion at the standard daily rate.
35. Grooming or Bathing Consent:
The Owner consents to the Provider performing basic grooming if deemed necessary for hygiene or comfort. Additional grooming services will only be provided upon specific request and are subject to standard grooming fees.
36. No Guarantee of Compatibility in Group Play:
No guarantee can be made regarding the complete compatibility of all dogs in group play settings. The Provider reserves the right to remove a Dog(s) from group play at any time for safety reasons. Such removal does not constitute a breach of this Agreement and will not result in a refund.
37. Client Communication Consent:
The Owner consents to receive communications from the Provider via text messages, emails, and phone calls regarding Reservations, Pet status updates, invoices, and important notices. The Owner may opt out of promotional communications at any time but acknowledges they will continue to receive communications related to their Reservations.
38. Neutering and Spaying Requirement:
The Provider generally requires that all dogs over six (6) months of age be spayed or neutered. Exceptions may be made on a case-by-case basis at the Provider's sole discretion. Unaltered dogs may be subject to additional supervision fees or limitations on group interaction.
BINDING AGREEMENT UPON DIGITAL ACCEPTANCE
BY PROCEEDING TO UTILIZE THE SERVICES OF DOG BOARDING OF SAN ANTONIO, LLC, THE OWNER ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE INHERENT RISKS OF DOG BOARDING AND DAYCARE, THE LIMITED LIABILITY OF DOG BOARDING OF SAN ANTONIO, LLC, AND THE KEY POLICIES OUTLINED HEREIN, AS WELL AS THE COMPREHENSIVE WAIVER AND RELEASE OF LIABILITY. BY DIGITALLY INDICATING ACCEPTANCE OF THESE TERMS, THE OWNER VOLUNTARILY AGREES TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT, WHICH INCORPORATES THE WAIVER AND RELEASE OF LIABILITY, EFFECTIVE FROM THE DATE OF SUCH DIGITAL ACCEPTANCE.