LAZY K KENNELS LLC
This Kennel Agreement (“Agreement”) is made by and between Lazy K Kennels LLC, a Michigan limited liability company whose address is 8801 Fillmore Street, Allendale, Michigan 49401 (“Lazy K Kennels”) and _______________________, whose address is ___________________________________________ (“Owner”).
RECITALS
Lazy K Kennels is in the business of providing dog daycare and overnight boarding kennel services; and
Owner desires to use Lazy K Kennels’ services for Owner’s dog(s) (hereafter “Dog”) in accordance with the terms of this Agreement.
TERMS
- Lazy K Kennels Services. Lazy K Kennels shall exercise due and reasonable care for Dog while under its care. During the term of this Agreement, Lazy K Kennels agrees to provide Owner with services identified and selected via Lazy K Kennels’ website. If Owner discovers any defects in or around the kennel, or has any concerns related to the kennel or services provided, Owner will notify Lazy K Kennels in writing immediately.
- Rates and Fees; Payment Terms.
A. As consideration for provided services, Owner agrees to pay Lazy K Kennels fees as set forth and agreed to on Lazy K Kennels’ website. Owner will provide Lazy K Kennels a credit card which will be kept on file with Lazy K Kennels and Owner authorizes Lazy K Kennels to make charges for services rendered for or expenses related to Dog.
B. All fees are due and payable in full at the time of each pick up of Dog. If fees are not paid to Lazy K Kennels when due, Owner agrees to pay a one-time late fee of five percent (5%) on all overdue and unpaid fees and a time-price differential calculated at the rate of one percent (1%) per month on all overdue and unpaid fees.
C. All fees are subject to change by Lazy K Kennels upon fourteen (14) days advance written notice to Owner.
D. Owner understands and agrees that when Dog is kept in Lazy K Kennels’ custody under this Agreement, Dog will not be released by Lazy K Kennels until all fees, expenses, and any extra charges are paid in full (including any late fees).
3. OwnerInformation and Representations. Owner acknowledges, understands, agrees, and represents that:
A. Owner is the sole and legal owner of Dog and is fully authorized to enter this Agreement. Owner acknowledges that Dog is properly licensed as required by and in compliance with State of Michigan dog laws and any applicable local laws, ordinances, and/or regulations.
B. Owner has reviewed Lazy K Kennels’ policies before signing this Agreement. Lazy K Kennels reserves the right to amend its policies at any time and will update the website as such policies are amended. Owner agrees to strictly abide by all of Lazy K Kennels’ policies.
C. Dog is in good health and is well behaved. Owner will not bring Dog to Lazy K Kennels if Dog is exhibiting any indications of communicable disease, parasitic infection, or other symptoms which would suggest illness. Owner is solely responsible for ensuring required tests, vaccinations, and medications are in compliance with Lazy K Kennels’ requirements, including but not limited to the following:
- 1. If Dog is over six (6) months, Owner will provide (a) proof of rabies, Bordetella, and DHLPP vaccinations; (b) documentation of Dog’s negative fecal test; and (c) verification that Dog is on flea, heartworm, and tick prevention medication.
2. If Dog is a puppy under six (6) months, Owner will provide proof of a clear/negative fecal test and a copy of current vet records.
3. Owner will update fecal test results on an annual basis, at a minimum, and will notify Lazy K Kennels immediately upon a positive test result. Information and documentation related to all other vaccinations which require periodic updating or any required boosters must be provided within fourteen (14) days of the required or recommended administration dates based on current veterinary guidelines.
4. Any required documentation may be provided via a digital or physical copy prior to or at the time of drop off.
D. Lazy K Kennels is relying on Owner’s representation(s) of Dog’s good health and good behavior. Owner understands and agrees that Lazy K Kennels is not liable for any health problems that may develop. Lazy K Kennels does not board any dogs with known medical conditions, other than those stable with oral medication or non-invasive treatment, or dogs with casts, restricted mobility requirements, feeding tubes, or post-operative recovery requirements.
E. Lazy K Kennels is not a veterinary establishment and does not practice veterinary medicine. Owner understands and agrees that if Dog becomes ill or injured, or if Dog’s health requires medical attention, Lazy K Kennels, in its sole discretion, may engage the services of a veterinarian, may administer medicine, and/or may provide other treatment(s) to dog at Owner’s cost. Lazy K Kennels will attempt to notify Owner in the event of a serious illness or injury.
F. Owner is responsible for all costs and expenses incurred due to any medical care or treatment and authorizes Lazy K Kennels to charge the credit card on file for payment of any medical charges and related expenses at the time services are provided. Owner releases Lazy K Kennels from any and all responsibility for, or claims, damages, injuries, or death, arising out of or related to such medical care, including, but not limited to, transportation to a veterinary establishment.
G. Lazy K Kennels reserves the right in its sole discretion to deny admittance to Dog at any time and for any reason. Lazy K Kennels generally will deny providing kennel services for any dog that has behavior or health issues, including but not limited to excessive barking or aggression toward people or other animals during a past visit. Owner acknowledges and agrees that Lazy K Kennels has the sole discretion to terminate services because of Dog’s behavior, health, and/or physical condition.
H. In the event of an emergency, such as a natural disaster (including but not limited to a fire, tornado, storm), every effort will be made to contact Owner to retrieve Dog. Owner agrees that Lazy K Kennels, in its sole discretion, is authorized to transport and/or to make temporary alternative arrangements to house and care for Dog at Owner’s expense until Owner retrieves Dog.
I. Lazy K Kennels is not responsible for loss of or damage to any personal items belonging to Owner, including bedding or toys, left with or for Dog. Any personal items not retrieved within three (3) months of the of the most recent pick up date will be donated or discarded.
J. Owner will reimburse Lazy K Kennels for excessive damage to Lazy K Kennels’ property caused by Dog (including but not limited to the kennel structure and/or other Lazy K Kennels’ property).
K. Unless otherwise required by applicable law, if Owner fails to pick up Dog by the designated time and has not made satisfactory alternative arrangements with Lazy K Kennels, Lazy K Kennels will continue to provide basic services to ensure Dog’s health and safety. Lazy K Kennels will attempt to contact Owner, advising Owner that if Dog is not picked up within fourteen (14) days, Dog will be deemed abandoned by Owner and will be delivered to the humane society. If Owner fails to pick up Dog for any reason, Owner releases Lazy K Kennels from all further liability and responsibility for Dog. Owner will be charged all boarding fees and other expenses incurred until Dog is no longer under Lazy K Kennels’ care.
L. All information provided in this Agreement is true and accurate.
4. Term and Termination of Agreement.
A. This Agreement shall commence on the date this Agreement is signed by the parties, shall continue for a period of one (1) year from Dog’s initial stay at Lazy K Kennels, and shall be automatically renewed for additional successive terms of one year each, unless at least fourteen (14) days before the end of any term either party notifies the other in writing of its intent to terminate this Agreement at the end of the term.
B. Notwithstanding the term stated in Paragraph A, this Agreement may be terminated by either party for any or no reason with fourteen (14) days prior written notice to the other party, except that Owner may not terminate this Agreement while Dog is at Lazy K Kennels.
C. Upon termination of this Agreement, Lazy K Kennels shall return to Owner all food, supplies, or other equipment and personal items provided to Lazy K Kennels by Owner. After Owner has paid Lazy K Kennels in full for all fees and charges, or Lazy K Kennels has refunded unused and unearned fees that Owner may have paid in advance, each party’s obligations to the other under this Agreement shall be concluded. It is understood that the other provisions of this Agreement, including but not limited to the indemnification, waiver, and release of liability provisions in the paragraph below, shall survive the termination of this Agreement, regardless of who terminates.
- Indemnification, Waiver, and Release.
A. Owner hereby authorizes Lazy K Kennels to provide kennel services and acknowledges and accepts any risks associated with the services provided. Owner releases Lazy K Kennels from any liability arising from Dog’s stay at Lazy K Kennels and accepts full and sole responsibility for any and all acts or behavior of Dog while in the care of Lazy K Kennels, including any injury to a person or other animals or damage to property caused by Dog. Owner agrees to accept financial responsibility and to reimburse Lazy K Kennels for any injury, loss, and/or other damage sustained arising out of or due to Dog’s actions or behaviors.
B. Owner agrees to release, defend, indemnify, hold harmless, and not sue Lazy K Kennels, including its officers, directors, members, employees, assistants, family members, agents, insurers, heirs, assigns, and representatives (collectively “Released Parties”), from, against, or for any and all actions, causes of action, liabilities, charges, claims, damages, losses, costs and/or expenses, including reasonable attorneys’ fees and any costs of enforcement or collection, commenced, requested, or assisted by Owner, or anyone else acting on Dog’s behalf or Owner’s behalf, arising out of Lazy K Kennels’ services, care, custody, or control of Dog; fire, theft, escape, running away, accidents, illness, injuries, attacks, death, or other losses; the rendering of emergency or other medical procedures or treatments, if any, including any necessary related transportation; or arising out of acts or behavior of Dog, including any and all damages that Owner or Dog may cause that are sustained or suffered by any third person(s) [not party to this Agreement] by reason of keeping Dog at Lazy K Kennels (except if caused by Lazy K Kennels’ gross negligence or willful and wanton misconduct). The term “damages” means medical expenses, expenses or losses incurred because of bodily injury or property damage, and/or personal property damage. In no event shall any liability of Lazy K Kennels exceed $300, and Owner will hold Lazy K Kennels and Released Parties harmless from any liability or loss in excess of this amount.
C. Despite Lazy K Kennels’ precautions related to health and behavior screening, Owner acknowledges that Dog will be in environment where other dogs also are being cared for; Owner therefore understands and agrees that this indemnification, waiver, and release also applies to any and all losses, damages, costs and/or expenses arising out of or in connection with any disease acquired, accidents, or injuries, arising out of the behavior or condition of another dog.
6. Miscellaneous Provisions.
A. The parties acknowledge and agree that the services provided by Lazy K Kennels and the fees paid by Owner are adequate consideration for the covenants and obligations imposed pursuant to this Agreement.
B. The parties agree that signatures on this Agreement, as well as any other documents to be executed under this Agreement or related to Lazy K Kennels’ services, may be delivered by facsimile or electronically in lieu of an original signature, or through an online sub mission, and the parties agree to treat facsimile, electronic signatures, or online submissions as original signatures and agree to be bound by this provision. A copy of the signature of any party (or the submitting of the New Dog Registration Form electronically constitutes and satidfies any signature requirement for this Kennel Agreement to be in full force, effective, and binding on Owner.
C. This Agreement constitutes the entire understanding and agreement between the parties, and there are no other representations or oral agreements whatsoever between the parties. Modifications to this Agreement are only binding if in writing and signed by Lazy K Kennels and Owner, except for changes to Lazy K Kennels rates and fees, which Lazy K Kennels shall provide by written notice to Owner fourteen (14) days before any such change becomes effective.
D. Owner shall not assign this Agreement without the prior written consent of Lazy K Kennels and any attempt to make such an assignment without such consent shall be void. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors, assigns, and legal representatives.
E. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of remaining provisions and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted or reduced in scope to the maximum enforceable level.
F. The waiver by either party of the breach of any provision of this Agreement or any duties or obligations herein shall not operate or be construed as a waiver of any subsequent or other breach by either party.
G. This Agreement shall be construed, interpreted, and enforced in accordance with and governed by the laws of the State of Michigan without regard to its conflict of law rules.
H. Should Owner breach this Agreement, Owner agrees to pay Lazy K Kennels’ reasonable attorneys’ fees and court/arbitration costs related to such breach, including any costs of enforcement or collection. Owner agrees that Lazy K Kennels shall have the exclusive right, and in its sole discretion, to submit any dispute arising under this Agreement to binding arbitration under the rules of the American Arbitration Association; Owner consents to such forum if selected by Lazy K Kennels and Owner agrees to waive any rights to a jury trial. It is also agreed that any legal disputes between the parties handled through the courts shall be brought and litigated in a court located in Ottawa County, Michigan.
THE UNDERSIGNED HAVE READ AND UNDERSTAND THIS KENNEL AGREEMENT (ALL PAGES) AND AGREE TO BE FULLY BOUND BY ITS TERMS.
OWNER
By: _______________________________
Print Name: _________________________
Date of Signature: _____________________
OTHER OWNER (if two Owners or Owner’s parent/guardian)
By: _______________________________
Print Name:_________________________
Date of Signature:_____________________
LAZY K KENNELS LLC
By: ______________________________
Koryn M. VanderMolen, Member
Date of Signature: ___________________