MY BEST FRIEND (MBF) DOG CARE - TERMS AND CONDITIONS OF BUSINESS
The terms and conditions set out in this document (together with the documents referred to on it) – together this ‘Agreement’ – set out the terms and conditions on which we My Best Friend Dog Care Ltd (‘MBF’), will provide services and related materials to you (‘Client’), and the terms on which you agree to accept MBF’s services.
These terms apply for all services provided to you by MBF. By requesting the services from MBF, you, the Client, agree to be bound by the terms of this Agreement.
In this Agreement, the following definitions apply:
Service Order: the order for Services made by the Client to MBF.
Dog: means the Client’s dog(s) identified by the Client to MBF in the relevant Service Order in respect of which MBF is to provide the Services.
Fees: the charges payable by the Client for the Services as set out in the Service Order, for the supply of the Services in accordance with clause 4.
Service Period: the period between the Start date and the End Date.
Services: the services as identified in each Service Order.
2. SUPPLY OF SERVICES
2.1 In consideration of the Client paying the Fees to MBF, MBF shall supply the Services to the Client in accordance with the terms and conditions of this Agreement.
2.2 Each Service Order accepted by MBF shall form a contract and be governed by these Terms and Conditions.
2.2 MBF reserves the right to place any Dog that is home boarding into a boarding kennels of their choice if the Dog:
(a) displays signs of aggression to either people or animals;
(b) barks excessively to such a degree as to invoke potential noise complaints; or
(c) for any other reason decided at the sole discretion of MBF.
The cost of any boarding kennel is the sole responsibility of the Client. Boarding kennels costs are in addition to any fees due.
2.3 MBF reserves the right to return any Dog for which MBF is providing any Services to the Client or to the Client’s home address if the Dog:
(a) displays signs of aggression to either people or animals;
(b) barks excessively to such a degree as to invoke potential noise complaints; or
(c) for any other reason decided at the sole discretion of MBF;
In this event the Client is not entitled to a refund for the date of return or for any other dates associated with the Service Order.
3. CLIENT’S WARRANTIES AND OBLIGATIONS
3.1 The Client shall provide MBF with true and accurate details of the Dog and with such further information and materials as MBF may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
3.2 The Client warrants that the Dog:
(a) has never attacked another dog, animal or human;
(b) does not display aggression towards other animals or humans;
(c) is not suffering from any injury or illness which may be transmitted to other animals or humans; and
(d) is not registered and is not required to be registered under the Dangerous Dogs Act 1991 and/or the Dangerous Wild Animals Act 1976.
3.3 The Client further warrants (and shall provide reasonable evidence of the same where required by MBF) that the Dog has:
(a) current protection for fleas and worms (i.e. treatment has been made for each of these within the 30 day period prior to the start of the provision of Services.;
(b) current vaccinations (to have been given at least 4 weeks prior to the start of the provision of Services) against Canine Distemper, Infectious Canine Hepatitis, Leptospirosis, and Canine Parvovirus;
(c) a working microchip with Client’s current contact information; and
(d) an identity tag attached to the collar or harness with the Client’s current contact information.
3.4 If MBF’s performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default) MBF shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from MBF’s failure or delay to perform any of its obligations as set out in this clause and the Client shall reimburse MBF on written demand for any costs or losses sustained or reasonably incurred by MBF arising directly from the Client Default.
3.5 The Client agrees to indemnify, keep indemnified and hold MBF harmless from and against all direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, depletion of goodwill and similar loss), liabilities, injuries, damages, claims, demands, proceedings or legal costs and judgements which MBF, or any employee or agent of MBF, incurs or suffers as a consequence of direct or indirect breach of any of the provisions of clauses 3.1 to 3.4 (inclusive).
4. FEES AND PAYMENT
4.1 The Fees for the Services shall, unless otherwise stated, be set out in the Service Order.
4.2 The Client agrees to pay the Fees as specified on the invoice (or as agreed verbally, via email or SMS) and all additional fees and charges that may become due in accordance with these Terms and Conditions. Additional charges include but are not limited to; medical care, vets bills, extra services requested by the Client either verbally or in writing that are not specified on the original Service Order. MBF will provide evidence of these extra charges incurred where reasonably required by the Client.
4.3 MBF reserves the right not to start providing the Services, or to suspend provision of the Services if the Client has failed to pay any sums due by the relevant payment date as shown below:
• Boarding - payment is due on the Sunday prior to the first day of the boarding period. A 25% non-refundable deposit is due at time of booking.
• Other Services - Payment is due each Sunday prior to the week of the provision of the service.
4.4 If the Client fails to make any payment due by the due date for payment, MBF shall be entitled to charge interest on the overdue amount at the rate of 4% per cent per annum above [HSBC] plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
5.1 If the Client wishes to cancel any Service Order or part thereof, it shall provide notice as soon as possible to MBF and the following cancellation charges shall apply:
• 100% of the value of the booking if cancellation occurs less than 48 hours prior to the start of the provision of Services as noted on the Service Order;
• 50% of the value of the booking if cancellation occurs between 48 hours and 14 days of the start of the provision of Services as noted on the Service Order and
• 25% of the value of the booking if cancellation occurs more than 14 days prior to the start of the provision of Services as noted on the Service Order.
5.2 At MBFs sole discretion bookings may be credited to an alternative date.
5.3 MBF do not provide services to in-season bitches. If the Dog has come into season, then the Client cancellation charges may become due under clause 5.1.
6. CLIENT’S PERMISSIONS, RESPONSIBILITIES AND UNDERTAKINGS
6.1 The Client hereby consents to MBF making decisions for the Dogs’ general wellbeing, that MBF reasonably deems necessary during the Service Period. The Client acknowledges that by giving such consent additional cost may be incurred.
6.2 The Client authorises MBF to arrange for any emergency veterinary care that may be deemed necessary by MBF during the Service Period and agrees to reimburse MBF for all fees, charges and/or expenses for providing such emergency care. The client further agrees to reimburse MBF for the cost of any additional visits which may be deemed necessary to ensure the Dog’s safety and/or to monitor the Dog’s progress in recovering from sickness and/or injury.
6.3 The Client authorises MBF and its representatives to administer any medication as advised by the Client and/or subsequently by a veterinary professional.
6.4 The Client acknowledges responsibility for any and all medical expenses arising from any injury (including death) to MBF employees and agents and/or to any other persons caused by the Dog.
6.5 The Client gives permission for MBF to store any personal information provided by the Client for the purpose of providing the Services.
7. LIMITATION OF LIABILITY
7.1 While MBF uses reasonable endeavours to provide a safe and hazard free environment in which the Services are provided, it cannot guarantee the total eradication of hazards.
7.2 Nothing in this Agreement shall limit or exclude either party’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation.
7.2 Subject to clause 7.2:
(a) MBF shall not under any circumstances whatever be liable to the Client, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; and
(b) MBF’s total liability to the Client in respect of all other losses arising under or in connection with this Agreement, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total fees paid to MBF the Client under this Agreement.
7.3 This clause 7 shall survive termination of this Agreement.
Grooming Agreement & Terms and Conditions of Service
Current Vaccinations/Veterinarian Information:
By signing this Agreement the Client confirms the Dog(s) is/are up to date with vaccinations for Canine Parvovirus, Canine Distemper Virus, Leptospirosis and Infectious Canine Hepatitis. Proof of vaccination and any other veterinary treatment records shall be provided on request.
Health or Medical Problems & Senior Dogs: Grooming procedures can be stressful especially for a senior dog or dog with health problems, they can expose hidden/unknown medical problems and/or aggravate a current one both during and/or after the groom. In the best interest of the Dog(s) this Agreement gives permission to obtain immediate veterinary treatment should it be deemed necessary. MBF will make best efforts to contact the Client prior to taking the Dog(s) to MBF’s retained veterinarian or to any other veterinarian that is available. By signing the Agreement it is expressly agreed that any and all expenses arising from the provision of veterinary care are the responsibility of the Client.
MBF strives to be a flea/tick-free environment. If the Dog(s) have a flea or tick infestation MBF will insist that the Client reschedules the appointment once the flea or tick problem is under control. In this event a missed appointment charge equating to 50% of the quoted price is payable. Dogs with a flea or tick infestation carry a risk of anaemia, infections, tapeworms and other health problems and it is recommended that a veterinarian is contacted for advice on the best treatment for the given situation. Treating all pets in the household as well as treating the home will help keep fleas and ticks under control on a permanent basis. If fleas are found on the Dog(s) MBF will bathe the Dog(s) in a flea shampoo and subsequently treat the salon, this will incur an additional £10 charge on the grooming bill. If ticks are found an additional charge of £5 will be added for their removal.
Grooming equipment is sharp and whilst extreme caution and care is used there is always the possibility that an accident may occur. Possible injuries can include but are not limited to cuts, nicks, scratches and quicking of the nails. In most cases this can happen due to excessive movement by a dog during the grooming process. Whilst every effort is made to ensure the Dog(s) is/are groomed as safely as possible if the Dog(s) do/does not accept the process MBF reserve the right to cease grooming at any time. In this event the Client agrees to pay the charges quoted in full.
Dogs with severely matted coats need extra attention. Mats in a dog’s coat can grow tight and may tangle a dog’s skin, or eventually tear it open. MBF will not cause any undue stress to any dog by attempting to de-matt a coat for more than 15 minutes as specified by the Animal Welfare Act 2006. Mats can be very difficult to remove and may require a dog to be shaved. When necessary, removing a heavily matted coat includes the risk of nicks, cuts and/or abrasions due to warts, moles or skin folds trapped in the mats. Heavy matting can also trap moisture and/or urine near the dog’s skin allowing mould, fungus and/or bacteria to grow which may cause skin irritations that existed prior to the grooming process. Torn skin from mats can also harbour maggots. After effects of mat removal procedures can include, but are not limited to itchiness, skin redness, self-inflicted irritations or abrasions and/or the failure of the coat to regrow. Shaved dogs are also prone to sunburn and should either have sunscreen applied daily or should be kept out of the sun until the coat grows sufficiently to protect the skin. In some cases dogs may also exhibit brief behavioural changes. Prevention is the best defence against matting by scheduling regular grooming appointments in addition to daily brushing. If the Dog(s) need to be shaved to remove matting by signing this Agreement the Client acknowledges and agrees to the procedure and any and all associated risks.
Aggressive or Dangerous Dogs:
The Client agrees to inform MBF if the Dog(s) bite, has ever bitten and/or has ever been aggressive to people, other animals and/or becomes and/or has ever become aggressive during part or all of the grooming process. MBF reserve the right to refuse or stop services at any time before or during the groom and to charge an aggressive dog fee of £10 in addition to the regular grooming charge. If the Dog(s) should bite and/or become aggressive the Client agrees to be responsible for any and all related medical bills, costs, loss of income and/or equipment damage.
Hold Harmless Agreement:
By signing this Agreement the Client agrees to hold MBF its’ owners, employees and Directors harmless from any and all damages, loss, and/or claim arising from any and all medical conditions and/or injury to the Dog(s), either known or unknown to MBF. It is also further understood and agreed that the terms of this Agreement can change at any time, without notice, and will overwrite any and all prior signed contracts or releases.