Stay Waiver

WAIVER AND RELEASE OF LIABILITY 

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IN CONSIDERATION of the risks that exist while boarding an animal or animal daycare, and

 

IN CONSIDERATION OF my desire to have KASS’S KENNEL LLC care for my animal, 

 

I HEREBY for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”), knowingly and voluntarily enter into this Waiver and Release of Liability and herby waive any and all rights, claims, or causes of action of any kind arising out of the care of my animal by KASS’S; and 

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I herby release and forever discharge KASS’S KENNEL LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (Collectively “Releasees”, hereinafter “KASS”, “KASS’S”, or “Releasee”), from any physical or other injury that my dog may suffer as a direct result of KASS’S caring for my animal. 

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I AM VOLUNTARILY PERMITTING KASS’S TO CARE FOR MY ANIMAL AND I AM ALLOWING KASS’S TO CARE FOR MY ANIMAL ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PERMITTING KASS’S TO CARE FOR MY ANIMAL, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR OTHER INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO THE CARE OF THE ANIMAL. NONETHELESS, I ASSUME ALL RELATED RISK, BOTH KNOWN AND UNKNOW TO ME, RELATED TO PERMITTING KASS’S TO CARE FOR MY ANIMAL. I UNDERSTAND THAT I MAY BE PERMITTED TO BRING PERSONAL PROPERTY ITEMS TO COMFORT MY ANIMAL DURING ITS STAY AND THAT KASS’S SHALL NOT BE LIABLE FOR ANY LOSS, THEFT, OR DAMAGE TO SAID PROPERTY. 

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I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me to anyone on my behalf, including attorney’s fees any related costs. 

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I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts of failures to act of any party or entity acting on behalf of the Releasees. In the event that my animal should require medical care or treatment, I authorize KASS’S to provide all emergency medical care deemed necessary, and the sharing of personal or medical information with medical personnel. I further agree to assume all costs associated with any medical care and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I am responsibility for any pet health insurance on my animal. 

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I FURTHER ACKNOWLEDGE that that I may be permitted to bring personal property items to comfort my animal during its stay and that KASS’S shall not be liable for any loss, theft, or damage to said property. 

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I FURTHER ACKNOWLEDGE that photographs and or video recordings may be taken of my animal while at KASS’S. I give my consent and authorization for KASS to use any images and recordings for any purpose and I waive any right I may have for compensation related to said use. 

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FURTHER ACKNOWLEDGE that that I have a duty to inform KASS’S for any know animal aggression. In the event that any damage to KASS’S facilities, staff, or other animals occurs as a result of my animal and my willful or negligent failure to disclose concerns with my animal, I acknowledge and agree to be held liable for any and all costs associated with any such actions. 2 

 

I FURTHER ACKNOWLEDGE that the care of my animal may carry with it the potential for death, serious injury, or property loss. I agree to not have KASS’S care for my animal unless it is medically able and properly trained, and I agree to abide by the decision of KASS’S, regarding the allowance of KASS’S caring for my animal. 

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I FURTHER ACKNOWLEDGE that I will not leave my animal at KASS’S past the scheduled pickup date and time without permission of KASS’S. If my animal is left at KASS’S past the scheduled pickup date and time without permission or communication for seven days or more, it shall be considered abandoned. KASS’S may become the legal owner or any abandoned animals. I acknowledge that I may not be able to retrieve possession or ownership of an abandoned animal. 

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I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE KASS’S AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OR ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHTS THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST KASS’S FOR INJURY OR PROPERTY DAMAGE. 

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To the extent that statue or case law does not prohibit releases from ordinary negligence, this release is also for such negligence on the part of KASS’S, its agents, and employees. 

I agree that this Release shall be governed for all purposes for Michigan law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. 

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This waiver and release of liability shall remain in effect for the duration of my permission of having KASS’S care for my animal, during this initial and all subsequent events of care.

 

This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both parties, Releasor and Releasee, agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be sued or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. 

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In the event that any provision contained within the Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, constructed, and enforced as so limited. 

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In the event of any emergency, I have provided KASS’S with emergency contact information and understand that KASS’S will try to contact my emergency contacts if I am unavailable. 

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I, THE UNDERSIGNED RELEASOR, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.