Terms & Conditions
of Service

Terms & Conditions of Service

Read Carefully - This Affects Your Legal Rights

Release of Liability

In exchange for participation in the activity of Dog Daycare, Overnight Sitting, Walking, and other ancillary activities organized by Judith Justice (DBA Lamorinda Dog Lady), of 858 Reliez Station Road, Lafayette, California, 94549 and/or use of the property, facilities, and services of Judith Justice (DBA Lamorinda Dog Lady), I agree for myself and for the members of my family, to the following:

1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Judith Justice (DBA Lamorinda Dog Lady), or the employees, representatives, or agents of Judith Justice (DBA Lamorinda Dog Lady).

2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and my family members, and further release and discharge Judith Justice (DBA Lamorinda Dog Lady) for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Judith Justice (DBA Lamorinda Dog Lady), whether caused by the fault of myself, my family, Judith Justice (DBA Lamorinda Dog Lady) or other third parties.

3. Indemnification. I agree to indemnify and defend Judith Justice (DBA Lamorinda Dog Lady) against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Judith Justice (DBA Lamorinda Dog Lady).

4. Fees. I agree to pay for all damages to the facilities of Judith Justice (DBA Lamorinda Dog Lady) caused by any negligent, reckless, or willful actions by me or my family.

5. Consent. I, the Parent of Participating Dog(s), consent to the participation of My Dog(s), in the activity of Dog Daycare, Overnight Sitting, Walking, and other ancillary activities, and agree on behalf of the above family member to all of the terms and conditions of this agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of My Dog(s).

6. Medical Authorization. In the event of an injury to the above family member during the above-described activities, I give my permission to Judith Justice (DBA Lamorinda Dog Lady) or to the employees, representatives, or agents of Judith Justice (DBA Lamorinda Dog Lady) to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin upon arrival on the premises on the date of the booked activity and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. Judith Justice (DBA Lamorinda Dog Lady) shall have the following powers:

a. The power to seek appropriate medical treatment or attention on behalf of My Dog(s) as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

b. The power to authorize medical treatment or medical procedures in an emergency situation; and

c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.

7. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

8. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Judith Justice (DBA Lamorinda Dog Lady) has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

9. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this agreement, as well as any other statute or common law principles of similar effect.

10. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

11. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:

Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

12. Emergency Contact. In case of an emergency, Judith Justice (DBA Lamorinda Dog Lady) will place a call the Parent of Participating Dog(s) at the phone number provided during the booking process. Unless immediately instructed otherwise, Judith Justice (DBA Lamorinda Dog Lady), at her sole discretion and best judgement, will take the Participating Dog(s) to:

Pacific Veterinary Emergency and Specialty Hospital

3210 Old Tunnel Rd Suite B, Lafayette, CA 94549

https://pacvetemergency.com/

+1 925-297-5751

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE AS A PART OF THE TERMS & CONDITIONS OF SERVICE AT BOOKING, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. MY DIGITAL SIGNATURE ON THE BOOKING FORM CONFIRMS MY FULL AND UNCONDITIONAL AGREEMENT TO THIS BINDING LEGAL DOCUMENT.

General Liability Release of Claims

I, Parent of Participating Dog(s) under the care of Judith Justice (DBA Lamorinda Dog Lady), for and in consideration of the monetary payment to me of a maximum General Liability Amount of $5,000 USD to be paid within 90 calendar days of a Liability Event, the sufficiency of which is hereby acknowledged, do hereby release and forever discharge Judith Justice (DBA Lamorinda Dog Lady), of 858 Reliez Station Road, Lafayette, California 94549, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, whether known or unknown, fixed or contingent, which I now have or may hereafter have or claim to have, as a result of or in any way relating to the following:

Any Liability Event occurring while the Participating Dog(s) are under the care of Judith Justice (DBA Lamorinda Dog Lady), or Parent(s) of Participating Dog(s) are on the premises of Lamorinda Dog Lady's business located at 858 Reliez Station Road, Lafayette, CA, 94549.

It is understood and agreed that this payment will be made and received in full within 90 calendar days of a Liability Event, and complete settlement and satisfaction of the aforesaid actions, causes of action, claims and demands; that this Release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this Release shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of California.

It is further understood and agreed that all rights under section 1542 of the California Civil Code are hereby waived as to claims which the released party does not know or suspect to exist at the time of executing this Release. This section reads as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

The released party fully understands and acknowledges this waiver of rights under section 1542 of the California Civil Code, recited above.

This Release has been read and fully understood by the Parent(s) of Participating Dog(s) and is applicable to any legal or equitable claim that may arise from participation in utilizing the services of Judith Justice (DBA Lamorinda Dog Lady) and shall be resolved under California law.

I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Judith Justice (DBA Lamorinda Dog Lady) has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

INDEMNITY AGREEMENT

This INDEMNITY AGREEMENT (this "Agreement") is made effective on the date of digital signature on the booking form as a part of the Terms & Conditions of Service by and between the Parent(s) of Participating Dog(s) (hereinafter, "The Parents"), Melwin Cornelio (hereinafter, "Land Owner"), of 858 Reliez Station Road, Lafayette, California 94549 and Judith Justice DBA Lamorinda Dog Lady, LLC (hereinafter, "The LDL"), of 858 Reliez Station Road, Lafayette, California 94549. Parent(s) of Participating Dog(s), Melwin Cornelio, and Lamorinda Dog Lady, LLC are sometimes individually referred to as "Party" and collectively referred to as the "Parties."' Upon digital signature by The Parents at booking, the Agreement will become fully effective for all Parties.

WHEREAS, The Parents and The LDL desire to use Land Owner's property located at 858 Reliez Station Road Lafayette, California 94549 (the "Property") for Dog Daycare, Overnight Sitting, Walking, and other ancillary activities organized by The LDL; and

WHEREAS, in exchange for making the Property available to The Parents and The LDL for such purposes, The Parents and The LDL desire to indemnify Land Owner from any claims and/or litigation arising out of the The Parents and LDL's use of the Property.

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, Land Owner, The LDL, and The Parents hereby agree as follows:

TERMS

1. Indemnification. The Parents and The LDL shall fully defend, indemnify, and hold harmless Land Owner from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever ( including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of The Parents or The LDL, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers . This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to Land Owner for all legal fees, expenses, and costs incurred by it.

2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.

3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.

7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under California law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under California law.

8. Applicable Law. This Agreement shall be governed exclusively by the laws of California, without regard to conflict of law provisions.

9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of California. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.

This Agreement has been read and fully understood by The Parents and is applicable to any legal or equitable claim that may arise from participation in utilizing the services of The LDL and shall be resolved under California law.

I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that The LDL has offered to refund any fees I have paid to use its facilities
if I choose not to sign this agreement.