B&T Liability Waiver & Agreement

BOARD & TRAIN LIABILITY WAIVER & AGREEMENT

IMPORTANT: We require a fully executed and signed agreement, scheduling of pick up/drop off and follow up training sessions PRIOR to Day 1 of the Board & Train program between 10am - 5pm. DO NOT SWITCH YOUR DOG’S DIET WITHIN A MINIMUM OF A MONTH PRIOR TO YOUR BOARD & TRAINING START DATE! Gastrointestinal upsets hinders or prevents training!

We prioritize the safety and well-being of every dog in our care. While we understand the desire for GPS tracking devices on your pet's collar, we kindly request that our clients refrain from providing their own GPS trackers. However, we are pleased to offer GPS tracking as an optional add-on service for your convenience and peace of mind and will require a signed addendum to the contract.

PLAN TO BRING:

A list of the items you packed
Instructions of your usual routine and notes such as how much food your dog eats, how many times a day, etc.
Copy of vaccination records
Emergency contact besides owner
Food PLUS at least 1 week extra DO NOT SWITCH YOUR DOG’S DIET
Food bowl (non ceramic)
Harness and collar with ID tags (changes may be suggested)
Flat leash (nylon, leather, ones that are NOT retractable)
Any supplements or medications needed
Treats especially if the dog is a picky eater or has a sensitive stomach

**Please DON’T pack anything sentimental or that you’d be sad or upset about if it becomes damaged!** DO NOT SWITCH YOUR DOG’S DIET WITHIN A MINIMUM OF A MONTH PRIOR TO YOUR BOARD & TRAINING START DATE! GI upsets hinder training!

Professional fees shall be _________________________ and include up to _____________________ of Board & Train Services and one (1) Mini Follow Up Private Session upon drop off and ________________________Full Follow Up Private Training Session up to 75 minutes).

Dogs Name: Dogs Breed:

Dogs Age: Spayed or Neutered?

Training Goals (short bullet-point style) subject to approval:

(Note: Reactivity, Separation Anxiety, and Aggression are not covered)

FREE FOLLOW UP SESSIONS: I understand that the first (1st) follow up mini private training session will take place immediately upon pick up/drop off, and the second (2nd) follow up private training session will take place within 14 days of my dog returning to me. I also understand that all additional follow up private training sessions, if they are owed, must occur within 14 days of the previous follow up private session. “No shows” or canceled private appointments with less than 48 hours notice will be counted as one session used. All other follow up in home private training sessions must be completed within a time frame of 60 days from the date the dog completes the program and is returned to the owners. Any sessions not completed within that time frame will be forfeited.

Fees MUST be paid in full prior to Day 1. We require a deposit of $1,000 to reserve Board & Train program dates, and is non-refundable. During peak times and holidays, an additional $200 for reservation ($1,200 total) will be added for services. Until deposit is received, dates are available to the first booking client.

For your convenience, we accept cash (for the remaining balance after deposit with a 5% discount), Zelle, Venmo, or credit/debit cards (for an additional 3% fee to total costs).

RECORDS: We require veterinary proof of vaccinations current within one year on all dogs for Rabies, DHLP, Parvo and Bordetella. Canine Influenza is no longer required, but highly recommended to help protect against Canine Influenza respiratory illness. Consult your veterinarian. Dogs need to be free of any veterinary ailments. Dogs with matting, ear infections, sores, upset stomachs, in estrus/heat, pregnant, or recently healing from surgery, moderate to severe anxiety, or aggression or are dog-selective are not good candidates for this service.

It is recommended that Sammye’s Dogs pick up and drop off the dog at the owner’s home (if located within 30 miles of 77536), especially for dogs who have not stayed for an extended period of time in another home, or those who experience mild stress and anxiety with changes or separation from the owner.

ADDITIONAL CHARGES: Additional charges will be paid by the time the dog is returned.

DAMAGES: Owners are responsible for rectifying damages to property, equipment, other people or dog due to their dog’s actions.

CANCELLATIONS AND RESCHEDULING FOR FOLLOW UP TRAINING SESSIONS: I understand that 48 hour advance notice is required for cancellations. Cancellations with less than 48 hour notice will count and cost as one completed session.

LATE/EARLY PICK-UP/DROP-OFF: Will incur a flat fee of $50 if scheduled for picked up or dropped off before or after 10:00am to 5:00pm. Pick up and drop off shall be scheduled by Sammye’s Dogs’ availability. Once scheduled, our late fee is $3 for each minute after 5 minutes the pick up or drop of time is scheduled. A client who is 15 minutes late shall incur a $30 added fee and will be invoiced.

ARRIVAL: Please text or call once you have arrived and wait for us to open our doors to greet you as we may have resting or loose dogs in home. Please DO NOT arrive more than 5 minutes early at our home without prior arrangements as we run a tight schedule and need no overlap between clients. It is recommended to only bring one or two family members in our home for space. Consultation during pick up and drop off may not exceed 1 hour.

FOOD: We require that all pets remain on their current diet while boarding to avoid an upset stomach. Owner is responsible for the cost of food for their dog. Please pack at least 5 more days worth of food than needed, because sometimes stays are extended, natural disaster emergencies could happen, and their food kibble may be used as treats. You can either provide the entire amount upon day 1 of the program, or we will purchase it for you and be reimbursed for costs at the end of the program. You may also send food via amazon for delivery. Dogs may experience mild weight gain or loss during the program due to increased or decreased activity and exercise, caloric intake, and stress from home changes. We are very mindful and sensitive to this and will keep you informed.

MEDICATION: Flea and tick medicine must be provided. If an adequate amount is not provided at the time of drop off, Sammye’s Dogs will provide a topical preventative. The cost will be determined by the weight of the dog. All prescription medications and supplements should be provided in their original containers. We will follow the instructions prescribed by the veterinarian. Prescription medications should NOT be included/mixed in with prepackaged food. Sammye’s Dogs will gladly administer any medication for a nominal charge of $3 per administration.

GROOMING: Your dog will receive one bath, at no charge, before being returned at the end of the program. If the dog is of a type that requires professional grooming, the owner will be responsible for these charges. If we are able to groom your breed of dog, dogs weighing 10 lbs or more will be charged $75-150 per occurrence of grooming needed. We highly recommend grooming be planned for upon completion due to the amount of playtime dogs receive. Dogs that require special care or grooming-upkeep may require additional daily fees. Extremely dirty or matted dogs may be refused and will be groomed before entering the program; the charge will be added to the bill to be paid upon return. Dogs that are difficult to handle, aggressive, etc will incur an additional charge to be determined by the extra time to properly care for the dog.

ACCIDENTS CAN HAPPEN: I acknowledge the risks involved in services performed by Sammye's Dogs LLC or Samantha “Sammye” Darling. I forever release Sammye’s Dogs from all liability which could include injury to persons, other dogs or animals, or property by dog, death, running away, theft, fire, during or after the term of this Agreement. I agree to pay all resulting losses and damages suffered or incurred, and to defend and indemnify Sammye's Dogs LLC or Sammye Darling, her employees and agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees. I swear that I am participating voluntarily, and that all risks have been made clear to me.

By booking, I forfeit all rights to bring a suit against Sammye's Dogs LLC or Sammye Darling for any reason. In return, I will receive training, and upon reasonable request, Sammye’s Dogs shall provide me with guidance and ongoing support. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed. I will allow Sammye's Dogs to photograph me and/or my dog and to be shared publicly for education and/or advertisement.

I understand that Sammye’s Dogs will directly work with my dog to impart contemporary training that best fits our and our dog’s needs. I understand that successful programs depend on a combination of learned skills on the part of the dog and dog owner. I understand that dogs learn at different paces and that my dog is always considered in training. I understand that behavior is not static and that a dog will not continue to perform trained behaviors without ongoing practice. I agree that this is especially true when concerning any natural and self-reinforcing dog behaviors which humans consider “behavioral problems” which are natural dog behaviors. Although a dog’s behavior may be modified, I know the dog is never considered “cured” of problem behaviors. I agree that there can be “regression” with training. I understand that a dog’s behavior is ultimately the dog owner’s responsibility. I understand that Sammye’s Dogs will make every reasonable effort to help us attain goals but makes no guarantees of performance on the part of myself or my dog as a result of providing professional dog training.

If Sammye’s Dogs has not reached my above-mentioned specific goals within the agreed upon board and training period, Sammye’s Dogs will keep my dog for an additional amount of time, to be determined by Sammye’s Dogs and as agreed to by myself, until Sammye’s Dogs feels they have reached satisfactory goals for me.

Alternatively, if my dog is returned and I feel my dog has not seemed to have improved to a reasonable degree, Sammye’s Dogs may take my dog back for additional training, with the additional amount of time to be determined by Sammye’s Dogs and as agreed by myself when available which could be several months later. However, I understand this additional training request can only be made after all follow up private training sessions are completed as outlined in this Agreement. I understand that clients that are negligent in the training upkeep process and utilizing the private training sessions as outlined herein will not qualify for this option and only Sammye’s Dogs may determine if follow up will be granted upon Sammye’s Dogs.

I acknowledge that public outings, events, obedience training, and behavior modification are activities that may cause damage or result in injury to my dog, other dogs, people, and property. I will assume full financial and moral responsibility for the actions of my dog. I will also assume full financial responsibility for any tickets or citations Sammye’s Dogs incurs if my dog is not legally licensed by the city.

I further acknowledge that my dog may be exposed to a variety of environmental conditions, which include, but are not limited to, interaction with people and other animals, exposure to adverse weather, and exposure to areas with crowds and all types of traffic. Sammye’s Dogs will take every precaution possible to keep my dog safe, however, I assume all risks associated therein, including the risk of any canine viruses or parasites that may be contracted while under Sammye’s Dogs’ care.

I agree to settle, by binding arbitration, any misunderstandings, disagreements, or any dispute arising from any injury or damage done to or by my dog while my dog is in the custody and control of Sammye’s Dogs or which is the result of gross negligence by Sammye’s Dogs or her agents. I forever release Sammye’s Dogs and her agents from any and all liability and demands, which occur following binding arbitration for any injury or damage done to or by my dog that was the subject of the arbitration.

I fully understand that there will be NO refunds for costs before, during, or after completion of the Board & Train program. Therefore, I agree to not seek a refund and will not attempt any credit card chargebacks to circumvent this agreed-to nonrefundable policy. If I proceed with a chargeback dispute, I agree that I will immediately pay a fee of $1,000 plus a fee of $50 per day that funds are withheld from Sammye’s Dogs during a dispute, in addition to the full agreed-upon contract amount of total for services. I understand I will be required to reimburse Sammye’s Dogs for associated legal and attorney fees and court costs related to my actions.

I further agree that I will not without Sammye's Dogs’s prior written consent, publicize or disclose, or cause, knowingly permit or authorize the publicizing or disclosure of, information regarding Sammye's Dogs’s business and training operations or any information received, which is deemed by the Sammye's Dogs in its sole discretion to be confidential. Information which Sammye's Dogs may deem confidential is any information or material which has not been made available generally to the public and was or is generated or collected by or utilized in the operations of the Sammye's Dogs and which relates to the actual or anticipated business of the Sammye's Dogs.

I also agree that I will not now or at any time in the future, disparage or discredit Samantha “Sammye” Darling or Sammye’s Dogs in any communication or on any social media platform including but not limited to, star ratings and reviews, Facebook, Instagram, Google, Tik Tok, Yelp, Twitter, etc. Furthermore, should I fail to strictly comply with the terms of this agreement, subject to a court of competent jurisdiction awarding a final judgment for material breach of contract or other ancillary claim, I agree to reimburse the Sammye’s Dogs for court costs, attorneys’ fees, and reasonable pre-determined damages as follows. I understand that litigation and the negative publicity or slander related thereto could be damaging to the reputation of Sammye’s Dogs LLC and Samantha “Sammye” Darling. Samantha “Sammye” Darling and Sammye’s Dogs LLC could also suffer damages which may be exacerbated by extended and protracted litigation. Samantha “Sammye” Darling and Sammye’s Dogs diminished reputation could also lead to other professionals, trainers, and associations from partnerships and opportunities going forward. Samantha “Sammye” Darling and Sammye’s Dogs could also suffer actual damages to her business goodwill and international reputation as a responsible, respectable and skillful dog training professional. Samantha “Sammye” Darling and Sammye’s Dogs have already incurred and continues to incur substantial fees related thereto associated with certification, continuing education, professional memberships, etc. Sammye’s Dogs’ business goodwill could likewise be severely negatively impacted due to her inability to sell services to other clients due to her perceived tarnished reputation. Therefore, no less than Ten Thousand Dollars ($10,000.00) shall suffice to reimburse Sammye’s Dogs for actual reasonable losses.

I acknowledge that dogs enrolled in any Board & Train program may never display any aggression towards dogs in the home, out in public, or to any person (property protective barking in the home and car is an understandable exception). At the sole opinion of Sammye’s Dogs LLC, if my dog is displaying any unacceptable and unmanageable behavioral issues during or after the program, it will be dismissed from the Board & Train program. In this unlikely event, I am fully aware that there will be no refunds before or after completion of the Board & Train program. I understand that dogs dismissed from the Board & Train program may not be welcomed back for another Board & Train program.

I understand at Sammye’s Dogs sole election, duties shall terminate if in Sammye’s Dogs’ sole judgment my dog is dangerous or vicious to the trainer or any other person or animal, or interferes with the training of other dogs, or if I breach any term or condition of this Agreement. Upon termination, I understand Sammye’s Dogs’ duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.

I understand that if I am not able to take my dog on the scheduled return date, i.e. out of town, illness, etc.. the normal boarding fee will apply from that date until the dog is returned/picked up. Normal boarding fees are $100 per day. Charges begin the day the dog stays no matter the day the dog is picked up. There are no “half days.” For example, if your dog is arriving at 10:00am Tuesday and is picked up 11:00am the next Tuesday that is still 8 days of charges. I understand that boarding may NOT be offered as availability for boarding may be limited. If the owner cannot be reached upon completion of the program, it will be assumed that the dog has been abandoned. The dog may only be released to its owner. The dog will be sold, rehomed, transferred, or impounded 10 days after the first attempt of certified written notification.

While it is not probable, I understand there is still always a possibility of an unforeseen circumstance arising, or your dog may need to be excused from our premises. I agree it is crucial to recognize that if such a situation arises and the owner is unable to retrieve the dog physically, your dog will have to be placed in a boarding facility, with a veterinarian or cared for at your residence, and the owner will be responsible for the expenses incurred.

I acknowledge that Sammye’s Dogs has not represented, promised, guaranteed or warranted that my dog will never bite, that my dog will not be dangerous or vicious in the future, that my dog will not exhibit other behavioral problems, or that the results of the training will last for any particular amount of time.

I have voluntarily employed Sammye’s Dogs LLC to assist me in the training of my dog. I certify that I am the sole legal owner of the aforementioned dog and have been truthful in statements provided. I fully agree and understand the policies and procedures of this Board & Train program and accept all risks associated.

If any clause contained in this agreement is determined to be contrary to any applicable law or public policy, such clause shall be effective to the maximum extent permitted by law. If any term, provision, condition or other portion of this agreement is determined to be invalid, void or unenforceable, the same shall not affect any other term, provision, condition or other portion hereof and the remainder of this agreement shall remain in full force and effect as if the same did not appear herein. Any uncertainty or ambiguity contained in this agreement, if any, shall not be interpreted or construed against either party, but shall be interpreted and construed according to its fair meaning applying the applicable rules. This Agreement may be amended only by a written instrument signed by both Client and Sammye’s Dogs.

This contract for Training Services supersedes all other Agreements, written or oral, previously made between Client and Sammye’s Dogs.

HAVING READ the foregoing, consisting of this and __________________ other typewritten pages, all parties hereby voluntarily affix their signatures and execute this agreement.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas in Harris County. Executed on the __________ day of _________, 2023.

“Client” FULL LEGAL NAME:

Address:

Phone:

Email:

Dog’s Veterinarian:

Emergency Contact (besides owner):

Drivers License #:

SIGNATURE

“Sammye’s Dogs Trainer”

Samantha “Sammye” Darling

SIGNATURE

@sammyesdogs