I'm handed a paper to sign every time I get my dog groomed. Although its a simple outline of the services I have agreed to for my dog to receive, it still read it before signing, and take a copy home.
I recently had an experience at a Doggie Day Spa that was a surprise when I read their terms & conditions. My office is at my home so my dog is with me most of the time. There are days, however, that I am away for long periods of time, and I am concerned about my dog's need to potty ( I don't leave him outside), as well as his need for socialization with other dogs and people. Even though I have a reliable neighbor, I still felt it might be prudent to consider other options.
During a recent summer event at one of our local parks, I met a nice couple and their adorable dog which immediately became BFF's with my dog. As we talked about out dogs and their needs, they mentioned they had a friend who recently opened a doggie day spa/hotel in our neighborhood and they gave them high praise. Another couple walking by, heard our conversation and agreed they also liked the place. This prompted me to check it out.
A few days ago, I happened to be driving by this place, so I stopped in to check it out. It appeared very well kept, everything clean and in its place. The dog runs were average, and the play area appeared to accommodate the dogs nicely. They gave me a packet of brochures and sales materials to take home to help my decision; however, when I asked to see any contract I would be signing, they refused to let me see it, much less have an advance copy to take with me. Although they were polite, their reasons didn't really satisfy me and I left feeling concerned.
When I returned home I Googled them and with a little digging, I found a copy of their T&C online. At first it appeared like a standard contract, then I kept reading and was stunned to read some of the following:
In the middle of the contract: "You, as Owner, upon signing this contract, release, indemnify, and agree to hold (the place) harmless from any and all manner of damages, claims, loss, liabilities, costs or expenses, causes of actions or suits, whatsoever in law or equity, (including, without limitation, attorney’s fees and related costs) arising out of or related to the services provided by (the place)." Basically this says that if they do something negligent or something happens to my dog, they are free of having to take any responsibility and I have no recourse.
Farther on: "Owner acknowledges and understands that there are certain risks involved in pet ownership, training, and care, including, but not limited to, dog fights, dog bites to humans and/or other pets and the transmission of disease. With Owner’s signature below, he/she understands the risk involved in putting his/her pet in (this place), a cage-free play environment and acknowledge and release, indemnify, and agree to hold (the place) harmless from any and all manner of injury or loss that might occur to your dog, including but not limited to dog bites, broken bones, abrasions, cuts, bruises, illness, pregnancy, death or lost dog that might occur while your dog is in (the place)". So they take NO responsibility for the decisions they make as to which dogs my dog would be placed in a play area with and NO responsibility for anything that might happen while my dog is in their care.
The paragraph that clinched it for me on customer beware was: "Arbitration. Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in Los Angeles, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS' rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive.” Reading their entire paragraph, it continued to tell me how little recourse me and my dog would have if they were negligent in any way. It also had a confidentiality clause. Which also means it would be difficult for other dogs and their people to be aware of any negligence or mistreatment that occurred at this place.
It was a very sweet sentiment, after the end of the contract it reads: "(the place) makes every effort to accommodate the needs of you and your dog. We look forward to your return visits."
It was a very sweet sentiment, after the end of the contract it reads: "(the place) makes every effort to accommodate the needs of you and your dog. We look forward to your return visits."
After reading their entire contract, and asking someone I trusted to explain the portions I didn't fully understand, it became very clear to me that (the place) was doing a big effort in covering their behinds.
Would you have signed this contract and left your dog here?
