PET SERVICES AGREEMENT PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT/AGREE" BUTTON AT THE BOTTOM OF THIS PAGE.  BY ACCEPTING THIS AGREEMENT, YOU WILL BE BOUND BY THE TERMS OF THIS PET SERVICES AGREEMENT.   YOU MAY PRINT THE WEB PAGE CONTAINING THIS AGREEMENT OR SAVE IT AS A FILE ON YOUR COMPUTER.    This Pet Services Agreement (the “Agreement”) is made and entered into as of the day of your acceptance of this Agreement by clicking the “I Accept/Agree” button, by and between Ducktown Lodge, LLC, a Georgia limited liability company (hereinafter the “Company”) and the individual clicking the “I Accept/Agree” button (hereinafter, individually or collectively “Owner”).   The Company and Owner are referred to herein individually as a “Party” and collectively as the “Parties”.  WHEREAS, the Company operates a boarding, daycare, training and grooming business for pets (the “Pet Services”) at 6140 Dahlonega Highway, Cumming, GA 30028 (the “Kennel”); and WHEREAS, Owner desires for the Company to provide one or more of the Pet Services to Owner’s pet described in the Canine Boarding Intake Form (“Owner’s Pet”); and WHEREAS, the Company and Owner desire that this Agreement shall remain in full force and effect and govern the terms of the Pet Services for as long as Owner uses the Company’s Pet Services;  NOW, THEREFORE, for and in consideration of the foregoing and of the covenants, agreements, conditions, representations and warranties herein, and intending to be legally bound hereby, the Company and Owner agree as follows:

1. Services.  From time to time during the term of this Agreement, Owner may request that Company provide one or more of the Pet Services.  The purpose of this Agreement is to establish the terms and conditions that will be applicable to any Pet Services provided to Owner by the Company. To receive the Pet Services, you must agree to the terms and conditions of this Agreement by clicking the “I Accept/Agree” button below.
2. Term; Termination.

1. The term of this Agreement shall commence on the date hereof and continue until terminated by either Party pursuant to this Section 2. 
2. Either Party may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other Party.

3. Fees to the Company.  As full consideration for the Pet Services, Owner shall pay to the Company the fees published on the Company’s website at www.northgeorgiadogtrainer.com.  Owner agrees to pay the rate for the Pet Services in effect at the time Owner’s Pet is checked into the Kennel, with such rate being applicable until Owner’s Pet is released from Company’s care.  Owner hereby gives the Company permission to charge any of the credit card numbers provided to the Company for any unpaid fees, services, or products.  Owner further agrees to pay the cost of any check or debit charges returned or challenged for any reason. 
4. Owner’s Representations and Warranties.

1. Owner hereby certifies to the accuracy of all information given about the Owner’s Pet. Owner further agrees to be solely responsible for any and all acts or behavior of Pet while it is in the care of the Company, including the destruction of Company property and injury to any Company employee and other pets in the care of Company. 
2. Owner specifically represents that he or she is the legal owner of Owner’s Pet and has the full and absolute right to request the Pet Services, including the right to board.
3. Owner represents that Owner’s Pet is healthy and has current vaccinations for diseases including, but not limited to, distemper, rabies, kennel cough, and parvo. Owner further represents that Owner has provided either (i) an accurate and updated record of vaccinations prior to the boarding of Owner’s Pet to Company, or (ii) authorization for Company to contact Owner’s Pet’s veterinarian for such records.
4. (d)In releasing Owner’s Pet in care of the Company, Owner acknowledges that the Owner’s Pet is in a good state of health and affirms that Owner’s Petwillnotprove dangerous ordamagingto other pets, has notshown aggressive or otherwise threatening behavior to humans or other animals and is of such a temperament that it does not pose a hazard to itself, other animals, Company employees and the Kennel.

5. Abandonment.  Owner’s Pet shall be deemed abandoned if Owner’s Pet is left at the Kennel and Owner does not contact the Company within seven (7) days of the scheduled pick-up date. Upon such occurrence, Owner authorizes the Company to place Owner’s Pet in another home, or the protective care of a rescue group or other pet shelter entity.
6. Veterinarian Care.  Owner hereby authorizes the Company to contact Owner’s Pet’s veterinarian while Owner’s Pet is in Company’s care, or after care, for any sickness or injury. If Owner’s Pet becomes ill, or, if the state of Owner’s Pet’s health otherwise requires professional attention, every reasonable attempt will be made to contact Owner to direct care. However, if Owner is unreachable, Company, at its sole discretion, may provide veterinary care or engage the services of a veterinarian of Company’s choice, which may include after-hours care. If the Company provides such veterinary care, or engages veterinarian services, Owner acknowledges and agrees that Owner is responsible for all associated fees and costs as due.  Owner understands that, despite the best efforts of care and the Company’s cleanliness, certain communicable diseases, especially, but not limited to, upper respiratory illnesses may be unavoidable in any multiple animal facility. Veterinary care for which Owner shall be responsible will be sought in the event Owner’s Pet contracts such illness while in the Company’s care.  If Owner’s Pet is showing symptoms of respiratory illnesses, including canine cough, or has been diagnosed with upper respiratory disease while in the care of Company, Owner acknowledges that Owner shall be responsible for any veterinary care that Owner’s Pet receives.
7. Medication.  Owner understands that Company employees are not veterinarians and must follow strict guidelines when administering medication to Owner’s Pet. Medication will be administered according to the dosage prescribed on the medication bottle and the Company will not deviate from the prescription.  Such medication shall: (1) be in the original pharmacy container; and (2) have a label with Owner and Owner’s Pet’s name, drug name, dosage, veterinarian’s name and date of issue. Owner further agrees to disclose to the Company and Company employees any allergies and special dietary needs that Owner’s Pet may have.  Owner agrees to provide the necessary medication and any necessary food in accordance with Owner’s Pet’s dietary needs.  If Owner’s Pet runs out of the required medication or food and the Company cannot reach Owner, Owner authorizes the Company to obtain such required medication or food, and agrees that Owner shall be responsible for the costs of same.
8. Death. In the rare and unfortunate event that Owner’s Pet dies in the care of Company, Owner’s Pet shall be taken to a veterinarian (within city limits) and will be maintained there for pick-up or further instruction by Owner. Should the Company be unable to reach the Owner after a reasonable time period, the Company will decide, at its sole discretion on the method of after death care to be given to Owner’s Pet.
9. Personal Property and Accessories.  The Company is not responsible for lost or damaged pet accessories or possessions belonging to the Owner’s Pet during its boarding stay, Owner is cautioned to leave pet valuables at home.
10. Refusal of Services. The Company reserves the right to refuse service to a pet that may be a hazard to itself, other animals or Company employees, at its sole discretion.
11. Indemnification and Release.

1. Although the Company is careful to provide appropriate and adequate supervision for all pets in the Company’s care, Owner acknowledges that Owner’s Pet may participate in activities such as walks, playgroups, and movement within and outside the Kennel that may involve risk and possibly injury, including but not limited to, exposure to parasites, viruses, injuries arising out of rough play, medical conditions passed from animal to animal or human to animal, strains, bites, broken bones, fatigue, dehydration, nicks, cuts, or death.  Owner further acknowledges that if Owner’s Pet is chronically ill, a senior pet, a puppy, has special needs, or is otherwise debilitated, such pet has a higher risk of injury. Accordingly, Owner hereby voluntarily releases, forever discharges, and agrees to hold harmless and indemnify the Company and its employees, agents, successors, assigns and heirs from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with the Services provided by the Company to Owner’s Pet, including (i) Owner’s Pet’s participation in activities at the Kennel, including those allegedly attributable to the negligent acts or omissions of Company, (ii) any inaccuracy in any statement made by Owner or information provided by Owner to Company, (iii) Owner’s Pet, including but not limited to destruction of property, dog bites, injury and transmission of disease, and (iv) any action by Owner that is in breach of the terms of this Agreement.
2. If Owner’s Pet is found to display aggressive action towards another pet or a Company employee, Owner accepts responsibility for any veterinary care to other pets and/or medical care to such Company employee resulting from Owner’s Pet’s action. The determination of fault for such actions will be made by the Company employees witnessing the event, and their determination is final. Owner further agrees to accept responsibility for any related costs arising from the incident, including the cost to repair or replace property damaged or destroyed by Owner’s Pet. Owner agrees that, should a dispute arise from any action involving Owner’s Pet, the Company reserves the right to release Owner’s name, address, phone number, or other pertinent information to those involved, including, but not limited to, legal entities, animal control and/or law enforcement. Owner hereby voluntarily releases, forever discharges, and agrees to hold harmless and indemnify the Company and its employees, agents, successors, assigns and heirs from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with Owner’s Pet’s aggressive behavior, including the cost to repair or replace property damaged or destroyed by Owner’s Pet and any veterinary care to other pets and/or medical care to any employees of the Company resulting from Owner’s Pet’s actions.

12. Name and Likeness.  Owner hereby gives absolute right and permission to the Company, its employees, agents, licensees, successors and assigns to use Owner’s likeness or that of Owner’s Pet for any purpose whatsoever, including, but not limited to, to publish, broadcast, and copyright Owner’s and Owner’s Pet’s voice and video recording, name, picture, and likeness, or any material based upon or derived therefrom. Owner agrees that any voice and video recording, picture, or likeness of Owner, Owner’s Pet, or anything derived therefrom created by the Company is owned by the Company. 
13. Miscellaneous.  This Agreement contains the entire agreement among the Parties and supersedes all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein, and no modification shall be binding upon the party affected unless set forth in writing and duly executed by each party affected.  All of the covenants and agreements in this Agreement by or on behalf of any of the Parties hereto shall bind and inure to the benefit of their respective heirs, guardians, personal and legal representatives, successors and assigns. Neither Party may make any assignment of this Agreement or any interest therein, by operation of law or otherwise, without the prior written consent of the other.  This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Georgia, without regard to principles of conflicts of laws thereof.  If any term of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the Parties that the remaining terms hereof shall constitute their Agreement with respect to the subject matter hereof and all such remaining terms shall remain in full force and effect.  To the extent legally permissible, any illegal, invalid or unenforceable provision of this Agreement shall be replaced by a valid provision, which will implement the commercial purposes of the illegal, invalid or unenforceable provision. All notices which are required or which may be given under this Agreement shall be in writing and shall be deemed given (a) at the time that such notice is actually received, or (b) three (3) days after mailing by certified mail, return receipt requested, or one (1) day after the date sent in the case of delivery by overnight express service, sent to the addresses in the first paragraph of this Agreement.  Should either Party institute any action or proceeding in any court to enforce any of the provisions hereof, for damages by reason of any alleged breach of any provision of this Agreement or for the enforcing of any covenant herein contained, the prevailing Party shall be entitled to recover its attorneys’ fees and costs from the losing Party (including including attorney’s fees and costs of appeal thereof). This Agreement may be executed in one or more counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same instrument.  Delivery of a copy of a signature by facsimile transmission or an electronic exchange methodology shall constitute a valid and binding execution and delivery of this Agreement, and such electronic copy shall constitute an enforceable original document.