Terms & Conditions
1. DISCLOSURE: By signing this Agreement and leaving Pet with TyVy WB, LLC. & Tampa TyVy, LLC. (herein after referred to as TyVy), Owner certifies to the accurate disclosure of all information provided to TyVy either in writing or orally about the Pet and Owner specifically represents that he or she is the sole owner of Pet, free and clear of all liens and encumbrances. Owner agrees to disclose to TyVy all known medical conditions and/or behavior problems, which may affect Pet’s care. Owner specifically represents to TyVy that Pet is healthy and meets TyVy’s published vaccination standards. Owner represents that each time Pet is brought to TyVy, Owner is recertifying that Pet is in good health and has not had any communicable illness of any kind for 30 days prior to the visit. Owner further agrees to inform TyVy or any changes in the Pet’s condition and/or behavior prior to subsequence visits. TyVy reserves the rights to refuse service to any Pet for any reason, at any time, including, but not limited to: pets lacking proof of vaccinations, pets displaying signs of untreated or potentially contagious conditions, and/or pets exhibiting aggressive or unacceptable behavior. For the purposes of this Agreement, the terms “Pet” or “Pets” refer to all pets under said ownership of Owner who utilizes services at TyVy, either now or in the future.
2. QUALIFICATION: For safety reasons, Owner understands the Daycare services are a privilege extended only to well-behaved, socialized dogs who have gone through an initial temperament evaluation and who have been deemed “acceptable” for such services, in the sole discretion of TyVy. TyVy reserves the right to refuse service to any Pet for any reason, at any time, including but not limited to: pets lacking proof of vaccinations, pets displaying signs of untreated or potentially contagious conditions and/or pets exhibiting aggressive or unacceptable behavior. In addition, Owner agrees that if any fleas or ticks are discovered on the Pet during check-in or at any time during the Pet’s services, TyVy will administer a flea bath to the Pet at Owner’s expense.
3. RESERVATIONS & DEPOSITS: A confirmed reservation is a reservation that is booked with a deposit and valid credit card on file. Rack period reservations require a one (1) night’s advance deposit. Peak period reservations require a two (2) night minimum stay, a two (2) night advance deposit. Reservations must be cancelled at least ten (10) days prior to arrival date. Failure to cancel a reservation with at least (10) days notice prior to arrival date (including a “no-show”) will result in forfeiture of entire deposit. If Owner decides to shorten Pet stay (prior to scheduled day of departure), Owner will be charged for the entire original length of reservation. Owner’s Initial: 4. PAYMENT: Owner agrees to pay the applicable service rates in effect on the date Pet is checked in to TyVy and to pay for any additional services requested by Owner. Payment for all accommodations and services reserved will be paid for at time of check-in. All additional or ancillary services will be paid upon checkout. Any credits for accommodations of services not used will be applied at checkout. Returned checks are subject to a fee of $40. Owner’s Initial: 5. EXTENDED STAY PAYMENTS: Stays exceeding two weeks that are not using a travel package require payment of services rendered after two weeks and then at the end of each week thereafter. Client must maintain a valid credit card on file to be charged accordingly.
6. NON-PAYMENT: TyVy shall have, and is hereby granted a lien on Pet for any and all unpaid charges resulting from service provided by TyVy. Owner hereby agrees that in the event charges are not paid when due in accordance with this Agreement. TyVy may exercise its lien right with ten (10) days after TyVy has given written notice to Owner by certified mail. TyVy may dispose of Pet for any and all unapid charges, at a private or public sale, at the sole discretion of TyVy, and owner specifically waives all statutory or legal rights to the contrary. If such sale shall not secure a price adequate to pay such costs of pet care or other charges, which are still due and outstanding from Owner, plus the costs of sale, then Owner shall be liable to TyVy for the difference. All monies realized by TyVy at such sale, over and above the charges due (plus internal expenses and costs of sale) shall be paid to Owner.
7. ABANDONMENT: If Pet is not picked up by Owner (or authorized representative of Owner) within 14 calendar days after the Pet is scheduled to depart, Owner understands that Pet shall be deemed to be abandoned or dispose of Pet, after abandonment at a private or public sale, and Owner specifically waived all statutory or legal rights to the contrary. Owner understands that pet abandonment may be criminal or civil violation of the statutes of the State of Michigan and the State of Florida. Owner shall remain liable for all fees due and, in addition, agrees to pay any and all costs in the prosecution of these statutes. Owner is to be notified of such action by certified mail and no further notice shall be deemed necessary.
8. ASSUMPTION OF RISK: TyVy is not liable for injury, illness, or death to any pet. TyVy agrees to exercise reasonable care of Pet during its stay and, if applicable, during transport. Owner is aware that employees of TyVy are not all veterinarians and do not have backgrounds in animal medicine and are not expected to diagnose or detect illnesses in the pets at TyVy. Owner acknowledges that no amount of vaccination requirement, sanitation, or personalized care can prevent pets from contracting an airborne virus or communicable disease. Owner further understands that pets are pack animals, led with their teeth, paws/claws, and are unpredictable in nature and no amount of supervision can be 100% certain to prevent pets from being injured. Owner understands these risks of illness, disease or harm and hereby releases TyVy, it’s employees, members or other agents, from any and all losses, damages, costs and expenses arising out or in connection with any communicable disease, airborne virus, or any medical condition or injury contracted by Owner’s Pet at TyVy. Furthermore, if Pet is transported to or from TyVy by TyVy staff, Owner holds TyVy harmless in the event of injury or accident during transportation.
9. ACTS OR BEHAVIOR: Owner agrees to be solely responsible for any and all acts or behavior of Pet while in the care of TyVy, including payments of costs of injury to staff or other animals or damage to facilities caused by Pet. Owner also understands that squire bottles, citronella spray and, in extreme cases, muzzles may be used for the protection of other pets or staff. Owner further agrees to indemnify TyVy and it’s agents against any claims made against TyVy or it’s employees or members or other agents or losses or damages of any kind suffered by TyVy or its agents as a result of Owner’s failure to inform TyVy of any pre-existing condition Pet may have (such as illness or aggression problems) or which were otherwise caused by Pet.
10. MEDICAL ATTENTION: In the event of an injury, emergency or when TyVy, in it’s sole discretion, deems medical care is important to Pet’s health (including, but not limited to: vaccinations, fleas, ticks, diarrhea, rashes, cuts, etc.). Owner authorizes Tyvy to obtain medical attention for Pet from Animal Hospital. In such event, Owner grants to TyVy and ______ Animal Hospital the full power of decision-making involving the medical treatment of Pet (including transport and care to and from any agent) and agrees to pay for all costs associated to pay for all costs associated with said medical treatment. Owner hereby authorizes TyVy to use Owner’s credit card on file to pay ______ Animal Hospital directly for said medical treatment prior to departure. Although TyVy and ______ Animal Hospital are located near one another, it is expressly understood by Client that each is separate legal entity responsible for it’s own actions, workings and services. Owner agrees to hold ______ Animal Hospital, it’s employees and agents, harmless from any and all claims as a result provided to Pet.
11. COMPLIANCE: Owner agrees to comply with the published policies of TyVy, which may be revised from time to time, with or without notice. In the event there is no discrepancy, this Agreement shall supersede the contents of the House Rules.
12. PRE-PAID PACKAGES: In the event Owner decided to purchase a pre-paid package for services, Owner understands such sale price is offered at a special discounted exchange for a non-refundable commitment to use all such funds at TyVy. Owner further understands that after the sale, things may happen that are out of the control of TyVy, including, but not limited to: the death of Pet, the relocation of Owner, behavioral changes in Pet, and the decision to stop utilizing TyVy for services. In any case, any unused portion of the sale (after deducting the used services at regular standard rates) shall be transferable to use on other services at TyVy, but in no instance shall be refundable. Pre-paid packages may be sold or transferred to any Pet outside Owner’s direct ownership.
13. MULTIPLE FAMILY MEMBERS: If Owner requests to board Pet together with other “family members” in the same suite, Owner acknowledges and understand that (regardless of the amount of supervision) such arrangement may decrease TyVy’s ability to detect issues, diseases, and illnesses. Furthermore, because actions of pets may become unpredictable, this arrangement may also significantly increase the chance of injury, aggression, and or/altercations.
14. GROOMING: Pets with severely matted coats require extra attention. If your pet needs to be shaved to remove matting, by signing below, you acknowledge you agree to this procedure, and any risk. There will be an additional charge for this process. Occasionally, grooming can expose a hidden medical problem or aggravate a current one. This can occur during or after grooming.
15. ARBITRATION: This agreement contains the entire agreement between the parties. All terms and conditions of this Agreement shall be binding on the heirs, administrators, personal representatives and assignees of Owner and TyVy. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or as the result of any claim or controversy involving the alleged negligence by any party to this agreement, shall be settled in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by an arbitrator may be entered in any Court having jurisdiction thereof. The arbitrator shall, as part of the award, determine an award to the prevailing part of the costs of such arbitration and reasonable attorney’s fees of the prevailing party. the arbitrator(s) shall apply Michigan law and Florida law to the merits of any dispute or claim, without reference to conflicts of law rules. The parties hereby consent to the personal jurisdiction of the state and federal courts located in Michigan and Florida and agree that such courts shall have the sole and exclusive jurisdiction for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parts are participants. The parties understand that by signing this Agreement that they will submit any claims arising out of, relating to, or in connection with this agreement or the interpretation, validity, construction, performance, breach or termination thereof, to binding arbitration, and that this arbitration clause constitutes a waive of the party’s rights to a jury trail and related to the resolution of all disputes relating to all aspects of the relationships between the parties.