Member Waiver

CREDIT CARD CHARGES

I authorize Biscuits & Bath Companies, LLC and its affiliated entities and agents (hereinafter individually and collectively referred to as “B&B”), to maintain my credit card number on file and charge purchases made and/or services rendered against the card at the prices in effect at the time of the transaction. I authorize B&B to “Pre-Charge” my credit card at B&B’s option at either the time of my making a reservation or at commencement of my dog’s usage of services. This Pre-Charge will be in the approximate amount of the cost of services to be rendered. In the event that my dog does not use the services for which I have been Pre-Charged, B&B will credit my card for the full amount, less any applicable cancellation fee. “Final Charges” are those charged against my credit card at the conclusion of my dog’s stay and/or when services are rendered. Final Charges will be in an amount sufficient to pay my bill in full, and all charges, other than Pre- Charges, are final when made. In the event of a Pre-Charge, B&B may decline to provide services if my credit card is declined for any reason. In the event a Final Charge is declined, B&B may assess a declination charge not to exceed the greater of $10 or the maximum otherwise permissible for late charge assessments in addition to any charges assessed by the paying institution against B&B with respect to a dishonored transaction. Alternatively, if any of the foregoing charges to my card are declined, B&B is authorized to charge my spouse’s or other designated agent’s card if it is on file. The fact that it is on file constitutes consent by the card holder to do so. In the event that my (or my spouse’s or agent’s) credit card cannot process payment due to a limitation placed on individual transactions, B&B may divide the total charge into incremental portions in order to process the charge.

MEMBERSHIP & PACKAGES

I am aware that all B&B membership fees and package fees are non-refundable. Unless I notify B&B at least ten days prior to the expiration date of my membership or package, I understand that the membership and/or package may be automatically renewed (at the then current price plus applicable sales tax) for an additional similar period.

DOG BEHAVIOR AND HEALTH

I understand that B&B reserves the right to refuse any services or use of its facilities or to rescind membership for dogs who, in its sole determination, are unhealthy, act aggressively, are undisciplined, evidence inappropriate behavior or who may otherwise be a danger to themselves or other animals or users. To utilize the facilities (for purposes other than training) my dog must be spayed or neutered if it is older than eight months of age. Distemper, Parvo, Rabies and Bordetella vaccinations must remain current at all times. I will provide B&B with an up-to-date health certificate, rabies certificate, and dog license verifying compliance with these requirements. Furthermore, I acknowledge that I am required by B&B to have health insurance for my dog at all times. B&B reserves the right to limit usage or services if I do not provide required verification, and in such event, I am not entitled to any refund or credit. I acknowledge that I undertake responsibility for, and will not hold B&B liable for, any illness or ailment which my dog may incur while in the presence of other dogs at the facility, in B&B’s care for any reason, or otherwise.

INJURIES

I acknowledge that dogs are encouraged to socialize and exercise at B&B and that injury to my dog can reasonably be foreseen to result from playing and roughhousing while in the care of B&B or while in a training class or play group conducted by B&B. I agree to assume the risks and hazards that might be expected to arise from such use and the presence of and my dog’s interaction with other animals. I also agree that B&B shall not be responsible, monetarily or otherwise, for injuries to my dog which may arise in the course of play or of training or of grooming which may be caused by the presence or actions of other dogs. I shall hold B&B and its employees harmless from, make no claim against and indemnify B&B and its employees against any costs, damages, claims or expenses (including vet fees) that may result from an injury or illness to my dog, or to another dog, if caused by my dog. In the event that my dog injures another dog under the care of B&B I will be responsible for any costs, damages, claims or expenses (including vet fees) to the owner of the other dog. I understand that my agreeing to the foregoing and, specifically, my agreement not to hold B&B responsible for the payment of veterinarian bills or other costs is of the essence of this agreement and that B&B would not agree to care for and/or train my dog without this inducement to do so.

VETERINARY CARE

If, in my absence, my dog should be injured, become ill, or is otherwise deemed by B&B to require veterinary attention, B&B is authorized in its discretion to consult with and utilize either the services of my veterinarian or B&B’s staff veterinarian for treatment and guidance. If neither veterinarian is available, B&B is authorized to utilize the services of any other reputable veterinarian. I understand that I am responsible for any charges with respect to any veterinary care, either performed by B&B or any other veterinarian, and I authorize B&B to process my credit card on file for any medical charges incurred. I also authorize B&B to have full access to my dog’s veterinarian records and past medical history.

ABANDONMENT OF ANIMAL

My dog shall be considered abandoned, and the legal property of B&B, after fifteen days of no communication with B&B at which point B&B will have the right to keep or re-home the dog. Should I abandon my dog I will be responsible for any and all costs of the dog’s care up until the date that B&B re-homes the dog.

ARBITRATION

I agree that any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Manhattan in the State of New York. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event that I submit for arbitration, I agree to do so as an individual and not as a participant in a class action against B&B. I acknowledge that should the arbitrator’s decision be rendered in B&B’s favor I will reimburse B&B for all court costs relating to this claim.

CLIENT HAPPINESS

At Biscuits & Bath we work hard to serve you and encourage you to provide us with open and honest feedback. Should you become unhappy at any point during our relationship, we encourage you to contact us privately and/or respond to our surveys so we can work with you toward a resolution.

PROMOTIONAL USE

My dog’s picture may be used in marketing and promotional material prepared by and used for promoting the services of B&B.

1. B&B is open for supervised care 24 hours per day, although dogs may only be picked up or dropped off during certain hours as specified by B&B, which are subject to change.

2. There will be a surcharge for dogs leaving or arriving at B&B after 7pm regardless of Membership or Package in use.

3. B&B charges different rates for certain holidays or other days as determined by B&B in its sole discretion; B&B reserves the right to change these days.

4. Other than for leashes, harnesses, or collars, B&B is not responsible for the loss of or damage to any personal property which is left at the facility (e.g., beds, bowls).

5. Leashes must be tagged with a membership card which B&B will supply. Lost cards will be replaced for a charge. B&B is not responsible for leashes that are chewed by a dog or do not have a membership card.

6. Dogs must have secure collars or harnesses to wear during their day at B&B. If my dog does not have a dog collar, B&B will provide one for a charge. For safety purposes, all dogs must also have an ID tag attached to their collars or harnesses. If my dog does not have an ID tag, B&B will provide one for a charge. B&B will not be responsible for any collars without ID tags. For safety reasons, all devices that are attached to collars (i.e., Apple AirTag, FitBark, Whistle, Tile) are not permitted while my dog is at Biscuits & Bath. If my dog has such a device it is my responsibility to remove it prior to my dog’s stay. Biscuits & Bath will not be responsible, financially or otherwise, for damage, loss or other costs relating to such devices and I assume any responsibility for any harm that may come to another dog due to my dog’s device while at Biscuits & Bath.

7. B&B cannot guarantee care for my dog unless I have made a reservation in advance.

8. In some cases, my dog will be taken out for relief walks. During these walks the dog will wear such slip collars and leashes as B&B deems appropriate for maximum safety.

9. B&B will feed my dog with food that I leave at the facility, proportioned and properly labeled by me. If I wish B&B to provide food, I understand that B&B will purchase food out of its store for an additional charge at the then retail price. If B&B does not sell my dog’s food, and agrees to buy food at a local pet store, I understand that an additional charge will be added to my bill.

10. B&B will administer only topical or oral medications properly labeled with instructions for a fee.

11. Sick dogs are not permitted into B&B facilities. If I knowingly bring in a sick dog I will be subject to a significant surcharge.

12. If my dog is groomed and delivered home using transportation services, B&B will add a 20% gratuity, plus sales tax, to my invoice.

13. Dogs being transported by B&B must be available within their agreed upon timeslot. B&B will not wait longer than five minutes for a dog and I will be charged by B&B if my dog is not ready, I am not home, or access to my home was not provided to B&B.

14. B&B has cancellation fees for various services that are cancelled with less than 24 hours’ notice (48 hour notice for private lessons).

15. All fees for memberships, packages, adoption fees and training classes must be paid in advance and are non-refundable irrespective of the reason.

16. I may choose to enroll in the Protection Plan and if so I am aware of its terms and conditions and agree to abide by the terms and conditions which are subject to change at the discretion of B&B at any time.

Successful training programs depend on a combination of learned skills on the part of both the pet and owner. Behavior is not static; an animal will not continue to perform even trained behaviors without ongoing practice. Especially in cases involving any type of aggression, although behavior may be modified, the dog is never considered “cured.” A pet’s behavior is ultimately the owner’s responsibility. B&B will make every effort to help attain goals but makes no guarantees of a pet’s performance as a result of providing professional animal training.