Pet Care and Transportation Agreement and Pet Owner’s Complete Release of Liability
This Pet Care and Transportation Agreement and Pet Owner’s Complete Release of Liability (hereinafter “Agreement”) is entered into by and between Fit and Go Pets LLC (“F&G Pet” or “Releasee”) and Signer (“Owner” or “Releasor”) concerning Owner’s pet(s) serviced by F&G Pets (collectively, “Pet”).
- Services. F&G Pets hereby agrees to perform services for Pet, as set forth in the website fitandgopets.com, the mobile application, according to the Terms and Conditions of Service incorporated herein or therein and made part hereof by reference (“Services”). Notwithstanding, not all Services are available for each geographical area, customer or type of pet and F&G Pets reserves the right to determine, in its sole and absolute discretion, if any Services will not be offered to or available to any specific Owner or Pet. Some services, including, but not limited to, dog training and grooming will be outsourced by F&G Pets. Owner understands and agrees that F&G Pets shall not be held liable, in any manner, for any loss, damage or injury related to such outsourced services.
- Payment. In consideration of the Services provided by F&G Pets, Owner agrees to pay the applicable fees and charges in effect before the Pet is dropped off at the F&G Pets facility or picked up for Services by F&G Pets. Prices contained on the website fitandgopets.com, or the mobile application are subject to change at the discretion of F&G Pets, without notice to Owner, and Owner acknowledges and agrees to pay such prices as amended. All service credits purchased before any such price change will remain valid until such credits are exhausted. Service credits purchased after the price change will be available at the adjusted price. Moreover, I hereby authorize that any services be charged on the credit card on file, enlisted on the website fitandgopets.com.
- Term and Termination. This agreement shall remain in full force and effect as long as the Owner continues to employ F&G Pets. F&G Pets may terminate this Agreement for any reason at any time. Notwithstanding a termination of the Agreement by F&G Pets or by Owner, Owner’s payment and related obligations for Services rendered hereunder shall remain and must be timely paid. Owner is further liable for any attorney’s fees and costs incurred by F&G Pets in collection of these charges. If any payment is not received at time of performance of Services, F&G Pets reserves the right to charge a $5.00/day late payment fee until payment is received, beginning with the date services begin unless otherwise stated on invoice. Moreover, F&G Pets reserves the rights to terminate any Services if payments are not timely remitted.
- Owner Representations. By signing this agreement, Owner hereby warrants that:
Release of Liability. As an express condition of providing the Services in Section 1 of this Agreement, Owner unconditionally, fully, and finally releases F&G from and against any and all losses, liabilities, damages, (compensatory, consequential, special and punitive damages), demands, actions, claims, lawsuits, fines, costs, expenses (including, but not limited to, attorney’s fees and costs in courts of all levels and any veterinary costs and expenses for Pet) whether known or unknown, foreseen or unforeseen and from the beginning of time that arise from or relate in any way to any Services or actions performed by Releasees (arising out of or related to this Agreement, including, but not limited to, any negligence of Releasees) which cause and/or contributed to any injury, damage or the death of Pet while under the care of Releasees. To be clear, F&G Pets shall not be liable to Owner or any other person or entity for any losses or damages to Pet or relating to Pet’s actions, inactions, or behavior while under F&G Pets’ care. Owner acknowledges that Owner may, at its option, purchase insurance to protect Owner and/or Pet during the performance of Services by F&G Pets. Owner's failure to elect to obtain such insurance shall not deem F&G Pets liable for any action or inaction of F&G Pets, its employees or agents and Owner agrees to indemnify F&G Pets for any and all loss, damages, or claims in relation to Pet and/or the Services.
Assumption of the Risk. Owner understands that F&G Pets’ care and transportation services include open play and interaction in private and public areas where animals co-mingle in groups. Owner agrees that there are inherit risks of illness, injury, or death when dealing with other animals and while under the care of anyone who is not the Owner. Owner further understands that when dogs play in groups, they may suffer injuries such as nicks and scratches. Added risks include, but are not limited to, problems resulting from ingesting food scraps and other items found inside or outdoors and contracting various illnesses such as kennel cough or similar aliments. Owner assumes all risks to Pet related to or arising from its care from F&G Pets and agrees to indemnify F&G Pets for all loss or damage relating to same. Moreover, in the event that the Pet bites or harms any person while under the care of F&G Pets, Owner agrees to indemnify and hold F&G Pets harmless for damage and injuries caused by same. Lastly, Owner understands the risks associated with riding in a vehicle and being taken to the facility or park and agrees to indemnify and hold F&G Pets harmless for any or all loss, damage or injury resulting from any ride, park incident or walking incident. Moreover, Owner acknowledges and understands that every pet reacts differently and that animals, by nature are unpredictable and Pets may, without warning, bite or cause injury to humans and/or other pets, fights, and transmission of illness or disease. With Owner’s signature, Owner understands the risk involved and accepts exclusive and sole responsibility for all medical expenses to Pet and others no matter the cause. Furthermore, Pet training is an inherently dangerous activity and there is risk of death or injury to Pet. Owner voluntarily assumes all risks associated with the services and agrees to exonerate, holds harmless, and release F&G Pets and any third-party provider of the Services of all liability, that could cause injury or death to Owner’s Pet and agrees to be responsible for all injuries caused to trainers, employees, agents, assistants, and property including all legal costs and attorneys’ fees resulting from such injuries.
Authorized Medical Care. Owner authorizes and instructs F&G Pets to seek veterinary advice and care, including emergency care, at Owner’s expense as deemed necessary by F&G Pets (with a veterinary and/or veterinary hospital of F&G Pets’ choice) for Pet’s well-being. F&G Pets is not required to notify Owner or to obtain Owner’s prior consent before seeking such medical attention. Owner is solely responsible for the payment of all medical bills and all related transportation costs and expenses associated with Pet’s veterinary and/or medical care as ordered and required by F&G Pets. In the event that my Pet appears to be ill, injured, or at significant risk of experiencing a medical problem at the start of Service or while in the care of F&G Pets. Owner gives permission to F&G Pets to seek veterinary service from a veterinarian or a veterinary clinic at the preferred veterinary clinic, if provided to F&G. Owner understands and agrees that it may not be feasible to take the Pet to the foregoing clinic and agrees that in such event, any veterinary or clinic chosen by F&G Pets is authorized to care for Owner’s Pet. Owner understands that efforts will be made to contact me regarding any treatments, illness, injury, or potential problems as soon as the condition is deemed not life threatening and/or contact is possible. Owner understands that F&G Pets work hard to prevent accidents and injuries, and that such problems may occur no matter how well a pet is cared for. Owner agrees to allow F&G Pets to use their best judgment in handling these situations, and Owner understands that F&G Pets and its staff assume no responsibility for the actions and decisions of the veterinary staff, the health, or death of the Pet(s). Moreover, Owner shall assume full responsibility for the payment and/or reimbursement for any and all veterinary services rendered, including but not limited to diagnosis, treatment, grooming, medical supplies, and boarding. Such payments will be made immediately after the initial incident. Owner also agrees to be responsible for all special service fees assessed by F&G Pets for emergency transportation, care, supervision, or hiring of emergency caregivers, and will pay such fees immediately. I further authorize F&G Pets and my primary veterinarian to share all of the medical records of all of my animals with veterinary clinics in an emergency in the interest of providing the best care for my Pet. This agreement is valid from the date below and grants permission for future veterinary care without the need for additional authorization each time Services are provided.
Inclement Weather Conditions (Heavy Rain, Thunderstorm, Hurricane, and others) Waiver of Liability. In the event of inclement weather conditions in Miami, Florida F&G Pets will not be responsible for the safety and well-being of Pet. Accordingly, within five (5) hours of the release of an inclement weather warning covering Miami-Dade County, Florida F&G Pets will cancel Services and return Pet under its care to Owner. Alternatively, F&G Pets may elect to keep Pet in a safe place as F&G Pets sees fit. F&G Pets cannot and will not guarantee the safety of Pet and Owner expressly assumes any and all risks to Pet related to or arising from its care from F&G Pets during an inclement weather situation. F&G Pets will resume its operations as soon as it is safe outside. F&G Pets is entrusted to use their best judgment in caring for any Pet under its care. Owner acknowledges and agrees that services rendered under this Section provided under this Section are subject to the Sections 5 (Release) and 6 (Assumption of Risk).
Emergency Boarding Waiver of Liability. Owner acknowledges that Owner has hereby been notified by F&G Pets that Owner's failure to retrieve Pet from F&G Pets facility, or if F&G Pets is not able to drop-off Pet at drop-off location due to access issues, unresponsiveness on the Owner’s part, or any other reason, F&G Pets will charge Owner a non-refundable $30.00 per day, in addition to applicable charges, for a maximum of ten (10 days) for emergency boarding. Owner acknowledges and agrees that services rendered under this Section are subject to Sections 5 (Release) and 6 (Assumption of Risk) of this Agreement.
Home Access Waiver of Liability. Owner authorizes and instructs F&G Pets to freely access its home or place for Pet pick-up and drop-off using keys or access instructions provided by Owner. F&G Pets is not required to notify Owner or to obtain Owner’s prior consent before accessing its home or place for Pet pick-up and drop-off. F&G Pets shall exercise reasonable care and security measures when accessing its home or place for Pet pick-up and drop-off and managing the keys or access instructions yet shall not be liable to Owner or any other person or entity for any losses or damages arising from accessing the Owner’s home or place for Pet pick-up and drop-off. F&G Pets accepts no responsibility for security of the premises or loss if the home is not properly secured. F&G Pets shall not be liable for any loss or damage to the home, including, but not limited to, any burglary or other crime that shall occur on the Premises. F&G Pets agrees to lock the door prior to exiting the premises and F&G Pets shall assume no liability for anyone who has access to the house. By default, your keys will be kept by the pet sitter after services are rendered unless you request that the sitter return the key at that time. Owner must leave instructions on how to secure the home and where to place the key. Any keys that must be returned to your home after service will be charged at a rate of a drop in visit plus any travel fee. We are not liable for the additional safety risk to your home if you ask for us to mail your key or leave it in any location. F&G Pets is not responsible for damage to the home beyond the control of F&G Pets. This includes, but is not limited to, leaks, electrical problems, and acts of nature. In these situations, F&G Pets will attempt to contact the Owner and then the emergency contact before making a subjective decision on dealing with the problem. All repairs and related fees (including Special Service emergency fees and Service time and coordination) will be paid for by the Owner. In the event that F&G Pets is required to employ a locksmith to gain entry into Owner’s premises due to a malfunction of the lock or a failure of the Owner to leave a key, it shall be the responsibility of the Owner to reimburse F&G Pets for all cost incurred. The Owner expressly gives F&G Pets the authority to employ a locksmith on Owner’s behalf in the event of the aforementioned occurrences. Owner is responsible for pet-proofing house and yard, and the security fences/gates/latches. F&G Pets will not be responsible for the safety of any pets and will not be liable for the injury, disappearance, death, or fines of any pet with unsupervised access to the outdoors. F&G Pets is not responsible for any service fees charged by alarm companies, police departments, or any other entity due to false alarm, malfunction, or accidental triggering of the alarm.
Credit Card Authorization. Owner warrants and represents that the credit card on file with F&G Pets is valid and in good standing. Should such status change, Owner shall immediately notify F&G Pets and provide a replacement credit card within twenty-four (24) hours by phone or on the Owner’s profile online on www.fitandgopets.com. Owner authorizes F&G Pets to charge the active credit card on file for the following:
- Owner is the sole owner of Pet or the agent of the Owner of the Pet and is authorized to enter into this Agreement.
- Pet is in overall good health.
- Pet currently has all vaccinations, including, but not limited to, Rabies, DHPP and Bordetella for canines, Panleukopenia, Rhinotracheitis, Calicivirus Rabies and Feline Leukemia for felines and any core vaccination requirements for any other pets, as may be required by F&G Pets from time to time.
- Pet is on a flea and tick prevention treatment.
- Pet has NOT exhibited aggressive behavior toward humans or other dogs or animals.
- Owner is responsible for any injuries or damages caused by Pet.
- Except where prohibited by law, Owner shall require its insurer to waive all rights of subrogation against F&G Pets and F&G Pets’ insurers.
- All information provided herein and otherwise by Owner to F&G Pets relating to Pet is true and correct.
Advertising. Owner agrees that the names, likenesses of Owner, Owner’s family, Owner’s agents or representatives and Pet may be used on the F&G Pets’ website and within other advertising and promotional materials, including but not limited to, news programs as well as any other press, media, radio, television, internet coverage and/or social media channels/networks within the sole discretion of F&G Pets.
Abandonment. Owner acknowledges that Owner has hereby been notified by F&G Pets that if Pet is not retrieved from F&G Pets’ facility or if F&G Pets is not able to drop-off Pet at drop-off location due to access issues, unresponsiveness on the Owner’s part or any other reason, F&G Pets will charge Owner a non-refundable $30.00 per day, in addition to applicable charges, for a maximum of ten (10 days) for emergency boarding. If Owner fails to retrieve Pet within ten (10) days of Pet’s scheduled drop-off date, then F&G Pets may deem Pet “abandoned” as described in Section 705.19, Florida Statutes. F&G Pets may then relinquish custody of Pet to the nearest humane society or dog pound in the area or take such other action as permitted by Florida Law. Despite any such abandonment, Owner will remain liable to F&G Pets for all unpaid services and care charges, as well as, all fees and expenses associated with removal of Pet. Owner is further liable for any attorney’s fees and costs incurred by F&G Pets in collection of any such charges.
Discipline. Owner acknowledges and agrees that F&G Pets and/or its employees, officers or agents may be required to discipline Pet. Owner grants F&G Pets and/or its employees, officer or agents, permission to reasonably discipline the Pet in the most humane way possible under the circumstances. Owner authorizes F&G Pets to use basket-over-muzzle, if deemed necessary by F&G Pets in order to prevent danger to other Pets or to people present at the subject premises.
Right to Reject. F&G Pets may reject Pet (either prior to or subsequent to the execution of this Agreement) as follows:
- All outstanding or unpaid balances for Services and/or care provided by F&G Pets for Pet that remain unpaid for more than ten (10) days from date of invoice;
- All medical care for Pet ordered by F&G Pets as described earlier in paragraph 5 herein (whether emergency medical care or otherwise);
- For emergency boarding stays if Pet is not retrieved from F&G Pets facility or if F&G Pets is unable to return Pet home after Service is provided; and,
- Any and all other charges stated herein which are the responsibility of the Owner.
Veterinary Records. Owner authorizes Pet’s veterinarian listed in the Fit and Go Pets, LLC Owner & Pet Profile to release Pet’s medical records and history to F&G Pets upon its written request.
Prohibited Pets. The following Pets will not be serviced by F&G Pets:
- If Pet exhibits any sign of infestation (fleas, ticks, and/or any other parasites and/or illness or disease of any kind)
- If F&G Pets has any reason to believe that the Pet or any other person is in danger because of such Pet; and/or
- If Pet demonstrates any aggressive or other behavior deemed inappropriate by F&G Pets.
- If any of the above concerns prohibit F&G Pets from caring for the Pet, the Owner authorizes the Pet to be placed in a kennel (or previously arranged locale), with all charges (including but not limited to transportation, kenneling, tranquilizing, treating, accessing, and liability) to be the responsibility of the Owner.
Entire Agreement. This Agreement contains the entire agreement between the parties. All terms and conditions of this Agreement shall be binding on the heirs, estates, assigns and successors of the parties. If any provision of the Agreement is deemed unenforceable by a court of competent jurisdiction, such provision will be severed, and the remaining provisions of the Agreement will remain in effect.
Choice of Law. This Agreement shall be construed and governed in accordance with Florida Law.
Dispute Resolution. Any dispute arising out of this Agreement, or its terms shall be resolved in the Florida Circuit Court, in and for Miami-Dade County, 11th Judicial Circuit. Should an action or proceeding be commenced to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs (in both the trial and the appellate courts).
Execution of Agreement. This Agreement may be executed in counterpart by in the website fitandgopets.com, the mobile application, email or by facsimile copy and shall be binding as if executed in person on the same original document.
Continuing Obligations: It is understood and agreed between Owner and F&G Pets that this agreement contemplates Owner will be in need of F&G Pets services from time to time in the future, and is further understood and agreed that the obligations and covenants contained herein shall apply to each provision of products and/or services in the future, without the need of entering into another agreement, unless altered in writing and signed by both parties herein or added as an addendum hereto.
- Pets which in F&G Pets’, sole and absolute discretion, exhibit aggressive or dangerous behavior
OWNER acknowledges that, before signing this agreement, Owner was given a fair opportunity to read, evaluate and understand it (including the provisions establishing Owner’s assumption of the risk, indemnification obligations to F&G Pets and Releasees and Owner’s complete and unconditional release of F&G Pets and Releasees’ liability. Moreover, Owner was further advised to seek advice of legal counsel if so desired and Owner voluntarily exercised that right or waived it prior to signing this agreement. Thus, Owner agrees to be legally bound by the terms of this agreement.