Smoken Dakota Kennels, The Resort by SDK, & Splash Bark
THIS AGREEMENT is entered into by and between SDK, Inc; DBA The Resort by SDK; Smoken Dakota Kennels, Inc; SDK Properties, LLC; The Splash Bark; and the dog owner
Owner (also referred to as “I” throughout this document and includes owner, owner’s dog, family members, guests, friends, associates, successors, heirs, and administrators):
SDK, Inc; DBA The Resort by SDK; Smoken Dakota Kennels, Inc; SDK Properties, LLC; and The Splash Bark; will be collectively referred to as “SDK” for the remainder of this document.
This agreement between SDK and dog owner expands over training services, daycare services, boarding services, Splash Bark services, art projects, spa services, massage services, transportation services, dock-diving services, and any other additional services, trainings, or SDK events owner agrees to for their stay.
RELEASE OF ALL CLAIMS, WAIVER, HOLD HARMLESS AND ASSUMPTION OF ALL RISKS
- LIABILITY: I (Owner) understand and agree that I am the legal owner of the above-named dog(s) and I assume all risks, dangers, and responsibility for the named dog(s). I also understand and agree that Dog play is monitored by SDK staff best to avoid injury; however, services and certain “activities” that my dog may participate in, including but not limited to:
Walks, field trips, playgroups, daycare, boarding, Splash Bark, one-on-one play, group training classes, one-on-one lessons, art projects, stay’n train, dock diving, movement within and outside the facility, spa services, canine massage, and transportation to and from SDK involve risk and possible injury, including but not limited to:
Exposure to parasites, viruses, and other medical conditions passed from dog-to-dog or person-to-dog; Sprains, strains, bites, punctures, broken bones;
Motor vehicle accident during transportation; and
Fatigue, dehydration, nicks, cuts, or death.
I further understand that not each and every potential risk can be listed above but, nonetheless agree that the benefits associated with dog socialization outweigh the possible risks. I also understand that myself, my family members, my guests, and my dog(s) may be exposed to certain risks when bringing my dog(s) to participate in activities at SDK or when picking up my dog(s) from participating in activities at SDK. Such risks may include property damage and/or physical injury inside or outside the facility, such as from falling, slipping, illness, and/or dog bites. Therefore, I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify SDK, it’s owners, agents, successors, heirs, employees, staff, or volunteers, from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my dog’s participation in activities at SDK, including those allegedly attributable to the negligent acts or omissions of SDK or their staff.
- PHOTO AND VIDEO RELEASE: We love to post pictures and videos on Facebook, our website, and/or in magazine ads. Owner agrees to allow SDK to use Owner’s dog’s name(s) and any images or likeness of Owner’s dog taken while he/she is at SDK in any form, for use at any time, in any media, marketing, advertising, illustration, trade, or promotional materials without compensation. Owner releases to SDK all rights that owner may possess or claim to such image, likeness, recording, ect.
- PERSONAL PROPERTY: Owner understands and agrees to follow SDK’s outside supplies protocol which allows ONLY the following items to be brought inside the facility: Dog(s) food, slow feeder, treats, medications. Large bags or containers of food will be accepted for stays 5 days or longer, otherwise a bag or container small enough to fit in an 8”x8” cubby is required.
Items that will not be allowed include but are not limited to: Beds, blankets, pillows, stuffed animals, toys, bones, chews, kongs, clothing, ect.
I understand there may be certain situations to assess if specific supplies are allowed and SDK has the right to turn away any supplies not permitted due to safety and sanitary reasons. Owner also agrees that SDK shall not be responsible or liable for any lost or damaged personal property belonging either to Owner or Owner’s dog.
- GROUP PLAY: SDK will perform a temperament test on all guests prior to boarding/daycare and introduction into a play group. This allows the opportunity for a guest to be slowly introduced into a play group while under close supervision of a “Pet Care Professional”. We will review the pet profile provided by the Owner from the online account portal and use that information in conjunction with the temperament test to determine your dog(s)’s suitability for a play group. We will make every effort to place guests in appropriate groups based on temperament, personality, and age. SDK reserves the right to refuse group play time to your dog if any aggressive behavior is exhibited towards another guest or human. We understand that, like people, dogs may have a bad day or not get along with certain dogs. If this is the case, we may remove your dog from the play group for a break or offer individual walks or play instead.
- DOG’S HEALTH: Owner further understands and agrees that Owner’s dog(s) is healthy and while attending SDK will always have current, unexpired vaccinations for Rabies, Bordetella, Distemper Lepto, Flea & Tick Treatment, and Fecal Flotation. Owner is not enrolling any dog that has any condition that could potentially jeopardize the health of other dogs or people and has not had any potentially communicable condition within 30 days prior to enrollment. Owner further understands that even if Owner’s dog(s) is vaccinated for Bordetella (Kennel Cough) there is a chance that the Owner’s dog can still contract Bordetella. Owner agrees that owner may not hold SDK responsible if Owner’s dog(s) contracts Bordetella or other dog-dog transmitted ailments.
- ALLERGIES, SPECIAL DIETS, & MEDICATIONS: I agree that I will disclose to SDK any allergies my dog may have. I further agree to disclose to SDK any other special dietary needs or medications my dog may require if necessary, during activities at SDK.
- UNALTERED ANIMALS: The Resort location does not accept animals that are older than 1 year and un-neutered, SDK West can accept un-neutered dogs. Females that are not spayed cannot attend daycare or boarding if in season. If cycle begins during stay at SDK a $25 surcharge will be added per day.
- VETERINARIAN LIABILITY AND CARE: Owner understands and agrees that SDK will make every reasonable effort to reach me pursuant to the contact information I have provided SDK. However, if SDK is unable to reach me, I consent SDK to seek medical treatment for Owner’s dog(s) if he/she appears ill, injured, or exhibits any other behavior that would reasonably suggest that dog(s) may need medical treatment including anesthesia. Owner agrees to be fully responsible for the cost of any such medical treatment. Owner gives permission to SDK to use Owner’s vet, a vet of SDK’s choosing, or nearest 24-hour vet hospital for required treatment.
- VICIOUS TENDENCIES: I as the owner am not aware of any vicious tendencies by my dog(s)
- DAMAGE: I accept the responsibility of paying for any damage to facility, property, and/or equipment caused by my dog(s).
- RIGHT TO DECLINE: I understand SDK reserves the exclusive right to decline participation or to terminate participation in activities at SDK to any dog at any time for any reason.
- PREPAID PACKAGES: Owner understands that prepaid daycare packages are nonrefundable and expire 12 months from date of purchase.
- PICK UP AND DROP OFF HOURS: Owner understands there are specific time windows for drop off and pick up, these must be followed. Hours are listed on our websites, posted at the facility, and drop off time is included in confirmation email/text. If owner arrives during off hours they will be charged a $10 off-hours fee or given the option to come back during our standard open office hours. 12pm is considered our check out time, if picked up after 12pm it is an additional day charge.
- PAYMENTS: Payment is due at pick up of each visit. Payments accepted include Discover, Mastercard, Visa, Cash, or Check. In the event of a returned check a $35 NSF Fee will be assessed. A credit card on file is required, however you have the option to change your payment method at time of payment.
- CANCELLATION POLICY: Cancellation is allowed up to the day of the reservation with no penalties. No Showing on a holiday weekend will result in full charge for the stay.
- OTHER FACILITIES: Owner understands if their dog has stayed at any other facility, 10 days needs to pass before they can stay at SDK.
- ATTORNEY FEES, APPLICABLE LAW, & VENUE: Should SDK, or anyone acting on their behalf, be required for any reason to incur attorney fees and costs to enforce or defend this agreement, I agree to indemnify and reimburse SDK for such fees and costs. Further, I agree and understand that any disputes arising out of this agreement will be decided pursuant to the laws of the State of South Dakota and venue shall be in Lincoln County.
- FULL FORCE AND EFFECT: Owner further understands and expressly agrees that each and every of the foregoing provisions contained in paragraphs 1-17 shall be in force and effect and shall apply to each and every occasion on which Owner’s dog(s) stays with SDK for daycare, boarding, or other services, as the case may be. This agreement shall remain in full force and effect as between the parties until and unless otherwise cancelled or superseded by a writing signed by the parties.
Owner hereby certifies that Owner has read and understands this Waiver and Release of Liability and the regulations set forth above. By signing this agreement, Owner agrees to be bound by its terms and conditions.