DOG DAYCARE

TERMS & CONDITIONS (the Agreement)

1 By:

a. enrolling a dog with The Fairy Tails,

b. permitting a dog to attend The Fairy Tails, or

c. accepting the services of The Fairy Tails Dog Day-care and its staff. The client is deemed to have accepted these Terms and Conditions

2. The Fairy Tails may act in the client's absence as guardian of their dog and may perform or take any action which The Fairy Tails deem necessary in order to protect and keep in good health the client's dog.

LIMITATION OF LIABILITY: THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

3. Client's Responsibility for Costs:

The Client shall assume all financial responsibility for expenses incurred, whether by a veterinarian or any other party, arising from any injury, accident, or illness caused to or by their dog. The Client agrees to promptly cover such costs and expenses upon request.

3.1. Fairy Tales' Liability Exemptions:

The Agreement shall not restrict or disclaim Fairy Tales' liability for the following:

a. Any instances of death or personal injury to a human being resulting from its negligence, the negligence of its employees, agents, or subcontractors.

b. Cases involving fraud or fraudulent misrepresentation.

c. Violations of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (pertaining to title and quiet possession), or any other liabilities that are non-restrictive or non-excludable under applicable law.

3.2. Subject to clause 3.3, The Fairy Tails shall not be liable to the Client, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

a. Loss of profit,

b. Loss of sales or business;

C. Loss of agreements;

d. Loss of anticipated savings; e Loss or damage to good will, and

f. Any indirect or consequential loss.

3.3. Limitation of Fairy Tails' Liability:

Fairy Tails' overall liability to the Client, whether arising from the Agreement, tort (including negligence), violation of statutory obligations, or any other cause related to the Agreement, shall be capped at either £1,000 or the total fees paid under the Agreement, whichever amount is lower.

3.4. Exclusion of Implied Terms under the Supply of Goods and Services Act 1982:

To the maximum extent allowable by law, the Agreement excludes the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982.

3.5. Insurance Responsibilities:

By accepting the figure outlined in clause 3.3 above and to facilitate the provisions specified in clause 5 below, the Client affirms their ability to obtain insurance coverage for their dog through a pet insurance policy, as well as the ability to insure their home and property contents through a house and contents insurance policy. It is advisable for the Client to inform their insurance providers about the day-care arrangement to ensure coverage under the relevant insurance policies. The Client acknowledges that The Fairy Tails can offer its competitive fees contingent on clients appropriately insuring their pets.

3.6. The entirety of clause 3 shall survive termination of the Agreement.

4. Transporting dogs

The client's dog may be transported with other dogs in a Fairy Tails vehicle. The client agrees that The Fairy Tails cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.

5. Key Possession and Insurance Responsibility:

The Fairy Tales may retain possession of the keys to the client's home, and it is the Client's responsibility to make the necessary arrangements with their own insurers in this regard.

6. Client's Confirmation and Disclosure:

The Client has expressly affirmed that their dog exhibits no history of aggressive or antisocial behaviour and has provided a complete and transparent disclosure of any traits or characteristics that might render their dog unsuitable for interaction with other dogs.

7. Right to Cancel Due to Unsuitability:

If The Fairy Tails determines that the client's dog is not suitable for our services, we retain the right to terminate the booking indefinitely, with immediate effect.

8. Client's Obligation for Dog's Health:

The Client commits to maintaining their dog's health by ensuring that all vaccinations, deworming, and flea prevention are kept current.

9. Exemption from Liability for Pre-existing Conditions:

The Client acknowledges and accepts that The Fairy Tails cannot be held responsible for any injuries resulting from pre-existing conditions of the dog or any inherent fragility, weakness, or breed-specific predispositions.

10. Acknowledgment of Risks Associated with Animal Environments:

The Client acknowledges and explicitly recognises that environments involving live animals inherently carry risks of injury or illness. The Client understands and willingly assumes the inherent risks and potential dangers associated with The Fairy Tales, including dog boarding and dog walking, encompassing but not limited to injuries or illnesses arising from dog altercations, vigorous play, pathogens, and natural disasters.

11. Closure on Bank Holidays and the Holiday Season:

The Fairy Tails will be closed on bank holidays and during the period between Christmas and New Year. Refunds or replacement days cannot be requested for any daycare services provided during these periods.

Here's a revised version of clause 12:

12. Consent for Dog's Image Usage:

The Client grants permission for their dog's image to be utilised in photographic or video formats for promotional material, social media, or any other format that The Fairy Tails deems suitable.

OPENING HOURS

13. The normal opening hours of The Fairy Tails is from 8am to 5.30pm Monday to Friday, excluding Bank Holidays and Public Holidays.

14. The provision of services outside of normal opening hours will be by prior arrangement only.

FEES

15. Fees for services are as displayed at The Fairy Tales www.thefairytails.co.uk and may be revised at any time.

16. Fees for services provided outside of normal opening hours will be as agreed in advance between The Fairy Tails and the client

17. The client is responsible for ensuring that his/her dog is collected within normal opening hours.

18. In the event that the client's dog is not collected during normal opening hours, the provisions of clause 21 will apply and a Late Collection Fee of £5 will be incurred by the client for every 30 minutes, or part thereof, within which the dog has not been collected.

19. All fees are payable by the client on the day the service is provided by The Fairy Tails.

Daycare. Late payment of fees may result in an administration charge of £25 and may be subject to an additional interest charge on the outstanding amount equivalent to 5% above the Bank of England Base Rate.

COLLECTED DOGS

20. In the event that the client's dog is not collected during normal opening hours, the provisions of Clause 19 above and Clauses 22 to 24 shall apply

21. the Fairy Tails will attempt to contact the client by telephone using the telephone number(s) provided by the client.

22. If the client cannot be contacted and/or the client's dog has not been collected within

one hour of the end of normal opening hours, The Fairy Tails may, at its discretion, take of the following steps:

a. Arrange to relocate the client's dog to overnight accommodation in the care of The Fairy Tails;

23. In the event that any of the steps set out in Clause 23 are taken, the client hereby accepts responsibility for the resulting fees of The Fairy Tails and any third party, including, but not limited to, fees for transportation, accommodation and food.

FORCE MAJEURE

24. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

ETIRE AGREEMENT

25. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

26. Each party agrees that it shall have no remedies in respect of any statement, representation, assurances or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

VARIATION

27. No variation of the Agreement shall be effective unless it is in writing and notified to, or accepted by, The Fairy Tails Dog Daycare or its appointed director(s).

WAIVER

28. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single, or partial exercise of, any right or remedy shall not:

a. waive that or any other right or remedy, or

b. prevent or restrict the further exercise of that or any other right or remedy.

SEVERANCE

29. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable and if modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to, or deletion of, a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of the Agreement

NOTICES

30. Any notice or other communication given to a party under or in connection with the Agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other part in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct email address if sent delivered-read (so email delivery and receipt can be acknowledged).

31. A notice or other communication shall be deemed to have been received if:

- delivered personally, when left at the address provided by the client;

- sent by pre-paid first class post or other next working day delivery service to the same address, at 9.00 am on the second business day after posting;

- delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or

- sent by fax or email one business day after transmission.

32. The provisions of clause 32 shall not apply to the service of any proceedings or other documents in any legal action.

THIRD PARTIES

33. No one other than a party to the Agreement shall have any right to enforce any of its terms.

INTERPRETATION

34. Within the Agreement

a. words importing the masculine gender include the feminine;

b. words importing the feminine gender include the masculine; and

c. words in the singular include the plural and words in the plural include the singular

GOVERNING LAW & JURISDICTION

35.The Agreement, and any dispute or claim (including non-Agreementual disputes or claims) arising out of, or in connection with, the Agreement or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.

36. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-Agreement disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.