This Guest Agreement (the “Agreement”) is between K9 Services Unlimited LLC and the undersigned applicant (“Guest” or “You” whether individually or jointly). This Agreement includes and incorporates by reference (i) the provisions and conditions on the face of the Guest Details page of the Agreement, (ii) the Agreement Terms and Conditions attached hereto, (iii) K9 Services Unlimited LLC Guidelines which are now in effect and may be amended by K9 Services Unlimited LLC from time to time, and (iv) such Rules and Regulations as may be posted at the K9 Services UnlimitedLLC Facility from time to time.
By submitting below, you agree that you have read and understood this Agreement. You agree to be bound by these, Guest Details, the Guest Agreement Terms and Conditions, the Guidelines of K9 Services Unlimited LLC, and such rules and regulations as may be posted at K9 Services Unlimited LLC from time to time, all of which are incorporated by reference herein. This Agreement will become effective when signed by you and accepted by K9 Services Unlimited LLC.
Guest Agreement Terms and Conditions
1. GUIDELINES, RULES, AND REGULATIONS: You agree to abide by the attached K9 Services Unlimited LLC’ Guidelines, and all rules and regulations posted at the K9 Services Unlimited LLC Facility, and the same may be amended from time to time at K9 Services Unlimited LLC sole discretion. Continued use of the K9 Services Unlimited LLC Facility after such amendments equates to an acceptance of those amendments to the Guidelines or the rules and regulations. Any guest who, in the sole determination of K9 Services Unlimited LLC, violates K9 Services Unlimited LLC Guidelines, rules or regulations, or is loud, offensive, uses profanity, harasses, is bothersome to other guests, pets, guests or employees or otherwise behaves in an inappropriate or unbecoming manner, may be suspended or terminated by K9 Services Unlimited LLC.
2. HEALTH WARRANTY: You represent that you are in good health and have no disability, impairment, injury, disease or ailment, preventing you from engaging in exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. A physical exam by your physician is recommended before commencing use of the K9 Services Unlimited LLC Facilities. You also represent that your pet(s) is licensed and current with its rabies, distemper, parvovirus and other vaccinations required by Loudon County and the State of Tennessee and that you will keep the vaccinations current at all times. You understand that providing false information is considered a breach of this Agreement. A physical exam for your pets by your veterinarian is also recommended before commencing use of the K9 Services Unlimited LLC Facilities.
3. RESPONSIBILITY AND INDEMNIFICATION: You assume full responsibility for your, your pets’, your dependents’, and your guests’ use of K9 Services Unlimited LLC Facility and participation in K9 Services Unlimited LLC Activities and shall at your own cost defend, indemnify and hold harmless K9 Services Unlimited LLC, its owners, affiliates, agents and employees, from and against any and all liabilities, claims, causes of action, suits, damages, including without limitation, suits for personal injury, dog bites, or death of third parties, and expenses, including reasonable attorneys’ fees and costs, for which K9 Services Unlimited LLC becomes liable, or may incur or be compelled to pay by reason of your activities or use of the K9 Services Unlimited LLC Facilities, K9 Services Unlimited LLC Activities, or your breach of this Agreement.
4. ACKNOWLEDGEMENT OF RISK: You, on behalf of yourself, your pet, any dependents and guests, represent that, you understand that use of K9 Services Unlimited LLC Facilities includes an inherent risk of minor or major life threatening injury to persons, animals, property, and death. You understand that risk of injury to persons and property includes, but is not limited to, injuries arising from or relating to (a) the use by you, your dependent(s), pet(s), guests or others of any and all areas and equipment in the K9 Services Unlimited LLC Facilities; (b) participation by you, your dependent(s), guests or others in any supervised and unsupervised activities, programs, classes, events on or off K9 Services Unlimited LLC premises, including any K9 Services Unlimited LLC Activities, sponsored activities and events; (c) anytraining, instruction, supervision or dietary recommendations by K9 Services Unlimited LLC or its staff; (d) medical disorders and injuries that may occur from use of K9 Services Unlimited LLC Facilities and participating in K9 Services Unlimited LLC Activities including, but not limited to, minor injuries, severe injuries, traumatic injuries or even death; (e) accidents that may occur anywhere in or around the K9 Services Unlimited LLC Facilities or while participating in K9 Services Unlimited LLC Activities or events sponsored by K9 Services Unlimited LLC or while traveling to or from K9 Services Unlimited LLC; and (f) theft or loss of property while using K9 Services Unlimited LLC Facilities. Accidental injuries include those caused by you, an animal or by other persons and those, for example, of a slip and fall or animal bite nature. You, your dependent(s) and guests agree to use due care when using any K9 Services Unlimited LLC Facilities and/or when participating in any K9 Services Unlimited LLC Activities and sponsored outside activities and events.
5. ASSUMPTION OF THE RISK: You hereby freely assume all risks mentioned herein as well as all other risks not listed herein that may be attributed to your use of theK9 Services Unlimited LLC Facilities and K9 Services Unlimited LLC Activities, and any harm, injury or loss that may occur to you or your property as a result of your participation at the K9 Services Unlimited LLC Facilities and in the K9 Services Unlimited LLC Activities - including any injury or loss caused by the negligence of K9 Services Unlimited LLC, its employees and officers, its contractors, and other guests or participants. You also understand that any equipment that you provide or may borrow or rent from K9 Services Unlimited LLC or any other provider is at your own risk and that any such equipment is provided without any warranty about its condition or suitability.
6. RELEASE OF LIABILITY: You hereby release K9 Services Unlimited LLC, its employees, agents, officers, and contractors, the providers of any equipment used at theK9 Services Unlimited LLC Facilities and during K9 Services Unlimited LLC Activities, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occurs to you or to any other person or to any property, including animals, during your use of the K9 Services Unlimited LLC Facilities or in any way related to such, including during transportation to or from. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. You also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur as a result of your use or is in any way related to your use of the K9 Services Unlimited LLC Facilities.
7. DAMAGE TO PROPERTY: You understand and agree that K9 Services Unlimited LLC is not liable for loss, damage or theft of your personal property or that of your guests while in or on K9 Services Unlimited LLC Facilities. You shall be responsible for any and all damage to any K9 Services Unlimited LLC Facilities and property caused by you, your pets, your guests or your dependents.
8. INDEPENDENT CONTRACTORS: From time to time K9 Services Unlimited LLC will make available to you and your guests the services of independent contractors. K9 Services Unlimited LLC does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to you or your guests for any period of time, and hereby disclaims all liability arising out of such services.
9. SEVERABILITY. If any provision or any part of any provision of this Agreement is held unenforceable, such provision or portion thereof, shall be severed from this Agreement, and such unenforceability shall not affect the other provisions of this Agreement.
10. NOTICES: Please remember to inform K9 Services Unlimited LLC of any address or payment changes. Any notice given under this Agreement, shall be considered delivered when mailed to your address or emailed to your email address as listed in the Guest Details of this Agreement or as later changed bywritten notice to K9 Services Unlimited LLC. Any notice you send to K9 Services Unlimited LLC shall be considered delivered only when received by K9 Services Unlimited LLC.
11. TOOLS OF TRADE AND PRACTICES: K9 Services Unlimited LLC uses established tools of trade in its practices and at its facilities to train animals and ensure the safety of its guests and guests. These established tools of the trade include, but are not limited to, leashes, harnesses, training collars, slip collars, prong collars, head halters, remote electronic collars, and electronic pet containment systems. Further, K9 Services Unlimited LLC also uses established techniques and practices which are described in published books, videos, and professional seminars. Your use of the K9 Services Unlimited LLC facilities is first conditioned on your acceptance that such tools of trades, techniques and practices are reasonable and humane. As such, you hereby agree that you will not interfere with their use and implementation.
12. ASSIGNMENT: K9 Services Unlimited LLC may assign this Agreement in its sole discretion. You may not assign this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and assigns.
13. COUNTERPARTS: This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be exchanged by fax or electronic means (e.g., PDF), all of which shall be binding.
14. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any discussions, offers, proposals, agreements or promises with respect thereto. This Agreement may be modified only by a written amendment signed by you and the K9 Services Unlimited LLC Manager. Employees are not authorized to make any independent agreement.
15. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. All actions arising under this Agreement shall be exclusively brought in the State of Tennessee.
16. ATTORNEYS’ FEES. If any action, suit, or other proceeding is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party’s reasonable fees and expenses, including attorneys’ fees and expenses incurred in connection with such action. This section shall not be deemed to provide for the award of attorneys’ fees for personal injury, or non-contractual claims.