The individual named below (referred to as “I” or “me”) desires to use one or more of the services (the “Services”). If these services are performed in or around the Philadelphia, PA area, the individual agrees they are entering into a contract with CRLR LLC dba Spotwalk; if the services are performed in or around the Washington, DC area, the individual agrees they are entering into a contract with, DC Pet Apps dba Spotwalk. Both and either entity is hereafter referred to as the “Company”. As lawful consideration for utilizing the Services of the Company for my own benefit and the benefit of my pet (which term, as used herein, includes all animals named in the Company’s registration database, which I submitted when registering to receive the Services or that the Company has input at my request), I agree to all the terms and conditions set forth in this Release.
- I understand and acknowledge that the Services (which may include, without limitation, walking outdoors on-leash, walking outdoors off-leash, entering dog parks to participate in off-leash activity, and off-leash care within the home including feeding, playing, petting, administering medications, etc.) involve risks of damage to property, loss of my pet, and injury to my pet, other persons, and other animals.
- I understand and acknowledge that, while the Company will take reasonable precautions, my pet may come into contact with other pets and humans and that there are certain risks involved in such contact, including, without limitation, bites and transmission of disease (including but not limited to distemper, parvo, or rabies).
- I am aware and understand that I am solely responsible for any harm or injury to any person or property caused to or by my pet, whether specifically identified herein or not, in connection with the Company’s provision of the Services.
- In the event of an accident during the provision of the Services, I authorize the Company to seek care on behalf of my pet, including, without limitation, taking my pet to a veterinarian or animal hospital. I acknowledge and agree that I am solely responsible for the payment of any costs and expenses, including, without limitation, medical bills, incurred in connection with seeking such care and, to the extent the Company incurs any such fees and expenses, I agree to reimburse the Company for such fees and expenses. Notwithstanding the foregoing, I further acknowledge that the Company has no obligation to provide medical care for my pets and has not undertaken any responsibility to do so.
- I represent and warrant that my pet is current with respect to its rabies, distemper, parvovirus, Bordetella and any other vaccines that the Company informs me are necessary to provide the services. I agree to provide proof of vaccination to the Company upon request.
- I acknowledge and agree that the Company has the right to refuse, stop or cancel the provision of Services to my pet at any time and for any reason, including, without limitation (i) if my pet becomes aggressive; (ii) I am unable to provide evidence of my pet’s compliance with certain vaccinations at the request of the Company or I have presented lapsed or expired medical or vaccination records; (iii) my pet is found to have fleas, lice, ticks or a communicable disease; or (iv) the Company deems the continuation of the services to not be in the best interest of my pet, other pets under the Company’s care or the Company’s personnel.
- I acknowledge that it is my obligation to disclose to the Company any medical conditions that would impact the Company’s provision of the Services to my pet, if any, and any other conditions that affect or could affect my pet’s or any pet’s or person’s health, safety and well-being in connection with my pet’s receipt of the services.
- I acknowledge and agree that if my pet is a female dog, my pet cannot participate certain Services if my pet is “in heat” and that the Company may refuse to provide these Services to my pet under such circumstances.
- I understand and acknowledge that animals, irrespective of the training and usual past behavior or characteristics, may act or react unpredictably at times based upon instinct or circumstances, and that not all hazards and dangers associated with the Services can be foreseen.
- I AM AWARE AND UNDERSTAND THAT UTILIZATION OF THE SERVICES ON BEHALF OF MY PET INVOLVES THE RISK OF INJURY TO MY PET, INCLUDING, WITHOUT LIMITATION DEATH. I ACKNOWLEDGE THAT ANY INJURIES THAT MY PET SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY ENGAGING THE COMPANY TO PROVIDE THE SERVICES TO MY PET WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY OR DEATH TO MY PET, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its affiliates and its and their respective officers, directors, managers, employees, independent contractors, agents, affiliates, shareholders, members, parents, subsidiaries, successors, and assigns (collectively, “Releasees”), arising out of or attributable to any of the Services provided by or on behalf of the Company to me or to my pet. I covenant not to make or bring any such claim against the Company or any other Releasee.
- I further understand that my pet may present a risk to the Releasees, other animals, and persons, and assume the risk that my pet may behave in an aggressive, fierce, protective, or vicious manner. I agree to be held responsible and liable for any actions, injuries, deaths, expenses, judgments, damages, claims, losses, and liabilities that my pet may cause, directly or indirectly, during the course of the Services and to indemnify and hold harmless the Company and the Releasees from all harm, injuries, and death to or of other animals, persons, or property to the extent attributable to my pet.
- I authorize the Company and the other Releasees to photograph, videotape or otherwise record my pet and me in connection with my pet’s receipt of the Services and to publish such recordings for marketing, promotion, advertising, trade, or any other purpose in any print or electronic media and any other advertising materials. I authorize the Company and the other Releasees to retouch, edit, crop, and otherwise alter such recordings of my pet to prepare them for such use and publication. I acknowledge and agree that any such recordings are the property of the Company and I grant the Company the absolute right and permission to use my and my pet’s name, image, and likeness and that neither I nor my pet will not be paid or compensated for any of the foregoing.
- I agree that the Governing Law, regardless of my location, shall be the laws of the Commonwealth of Pennsylvania, USA; and any suit, action or proceeding arising out of or relating to this Agreement (including any non-contractual dispute or claim) will be settled by the State and Federal Courts of Montgomery County in the Commonwealth of Pennsylvania.
BY ACCEPTING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I UNDERSTAND THAT THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND CERTAIN LEGAL RIGHTS.