What is a Dog Boarding Contract?
A dog boarding agreement contract is a legally binding contract that lays out the responsibilities of both the dog owner and dog boarding facility regarding the care of the dog. Such a contract is necessary because dog owners and sitters typically do not know the other’s preferences. The agreement provides all the important details so there is no confusion or fighting over what should or shouldn’t be done regarding the dog’s care. Dog boarding agreements typically apply to pet boarding facilities , doggy daycares, and pet hotels. They generally establish the level of care and service the parties expect from one another. In some cases, a dog boarding agreement may also be used for individuals who temporarily care for the dog, such as petsitters and family members who babysit dogs while their owners are away.
Key Provisions in a Dog Boarding Contract
Liability Exemption
In almost all dog boarding agreements, the boarding operator is making an effort to limit its liability in the event Fido suffers injury, illness, or even dies while in its care. Similar to clear signage posted at a dog day care facility, an exemption from liability clause in a dog boarding contract should clearly inform the owner that the dog boarder will not be liable for any injury or illness suffered by a pet as a result of boarding. These clauses, while effective from a practical standpoint, are not as successful under common law and are not necessarily enforceable under the laws of every state. State laws vary on this point, with some states providing that such limitations may be enforceable if signed by the pet owner and there are no public policy restrictions. Other states, like Pennsylvania, provide that any attempt by the dog boarding industry to limit their liability may or may not be enforceable depending on the actual language used.
Vaccination clause
A dog boarding agreement should also have a clause mandating that the pet owner must present proof that all vaccinations required under local, state and federal laws have been provided to the pet prior to boarding. This is especially important in areas where Rabies is prevalent.
Emergency protocol
Your boarding agreement should include a clause explaining what actions will be taken in the event of an emergency. This clause should explain situations where the boarder should contact the owner and the type of emergency contact information necessary to do so. It should also include information on what should happen if the owner cannot be reached, the time frame before the boarder will contact the owner and the actions that the boarder may take in order to care for the pet in the owner’s absence.
Payment of Fees
A receipt should be provided by the boarding operator upon payment of fees by the owner. The boarding contract should require that payment be made in cash or by credit card and that no animal will be boarded unless payment has been made in advance or upon pick-up of the pet. If your dog boarding facility provides personal property to its guests, such as beds and blankets, the boarding contract should require that all of these items be returned upon pick-up or the boarder may charge the cost of replacing the items to the owner. Even though most dog boarding operators require that payment be made in full prior to the service being provided, you should also have a clause stating that all unpaid balances shall accrue interest at the legal limit.
Legal Requirements for Dog Owners
Legal Obligations of the Pet Owner
Boarding and dog daycare facilities routinely require that you complete a contract and sign a boarding agreement before dropping your pets off for care. These contracts often include a variety of clauses, terms, owner representations and warranties.
The next section in this series will provide guidance and recommendations on what to look for in these contracts to protect yourself and your pet.
In addition to the contractual requirements, it is important to note that there are certain representations and responsibilities required of you as a pet owner before you can commence boarding, daycare or other contracted services for your pet.
Certifications regarding the pet’s physical health and behavioral history are often required when entering into a boarding contract. The course of conduct from the pet owner establishes certain legal obligations and responsibilities under the laws of most states.
These obligations go beyond that of a traditional contractual obligation to pay for the services rendered. They obligate the pet owner with civil liability for damages, and sometimes even criminal liability, if the representations are not made truthfully.
For example, in some states, if an ill pet is permitted to socialize with other healthy animals (e.g., at a daycare or boarding facility, or a "dog park"), there may be potential for liability on the pet owner if intentional neglect is found (e.g., knowingly permitting an ill pet to infect others). See, e.g., Taylor v. Hall, 363 S.E.2d 482 (N.C. App. 1987) (pet owners found liable for allowing family of ill dog to visit relatives); Nelson v. Lawrence, 908 P.2d 1098 (Alaska 1995) (same); Pavlick v. Kingston Animal Hospital, Inc., 643 N.Y.S.2d 564 (N.Y. Sup. 1996) (finding of negligence where animal services company failed to properly isolate sick pet). These cases are often cited for liability because the owner was aware of the infection risk but failed to act on that knowledge, or failed to disclose it.
In some states, allowing an ill pet to socialize with healthy pets (and potentially infect them), or leaving a dog that is known to be aggressive with other people or animals, could result in civil liability and/or criminal liability for violation of local animal control ordinances. See, e.g., Martin v. Rinaldi, 388 So. 2d 1181 (La. App. 5 Cir. 1980) (misdemeanor conviction for owner of dog that lived with his mother who had an aggressive, vicious dog); Jones v. Pomerene General Hospital, 682 N.E.2d 1276 (Ohio 1997) (pet owner criminally charged with violation of local animal control ordinances for allowing a dog to roam free and bite people in neighborhood); Harris v. Chandek, 694 N.E.2d 525 (Ohio App. 3 Dist. 1997) (same). Like these cases, providing untrue information to a dog boarding facility or personnel may also find you liable for misrepresentation or other, more serious, causes of action.
For example, in 2001 a young girl was treated with a rabies vaccination after she was attacked by a dog at a boarding facility in New York. It was later discovered that the facility did not vaccinate its dogs against rabies, and that the owner of the dog had also lied about the dog’s vaccinations and prior bite history. Shramm v. Craycraft, 120 Cal.App.4th 1144 (Cal. App. 4th Dist. 2004). The child then sued the owner of the dog and the facility for their misrepresentations. Although the appellate court held that the dog owner was not liable because there was no evidence that he intended to inflict emotional distress (a necessary element for a claim for intentional infliction), the Court did find the boarding facility liable because the claim that it was not liable for an intentional cause of action stated by the plaintiff was "of no consequence."
When entering into a dog boarding contract, it is critical that the dog owner recognizes that he is legally obligated not only to obey the terms of the contract, but that he is also legally obligated to be accurate and truthful when making representations regarding the health, temperament and character of his pet. Misrepresentations can lead to significant legal liability and penalties, and even criminal charges or convictions. Failure to disclose relevant information could result in the loss of boarding privileges, as well as liability for damages and lost profits to the facility. For this reason, it is critical that the pet owner thoroughly review the obligations and responsibilities he has as a pet owner and client of the facility prior to signing the contract.
Boarding Centre’s Obligations
The responsibilities of dog boarding facilities are addressed in the "Contract" or "Agreement" language contained in the contract itself. Consideration should be given to the proposed pet care facility and defined in the agreement are the following:
Care Information, which covers the services to be provided by the facility, the standard of care required to be provided to the pet, and the fees which will be charged were the pet to be injured while in the facility’s care.
Staff Qualifications, which covers information about the level of staff experience with respect to care of the type of animal to be boarded.
Emergency Procedures, which inform the pet owner of procedures to be followed in the event of a medical emergency during boarding, as well as the method by which the pet owner will be contacted.
Illness or Injury, which covers the procedures to be followed in the event of the pet becoming ill or sustaining an injury.
Vaccination Requirements, which might provide that vaccination for Rabies and Bordetella are required, and a statement that vaccination does not prevent the development of disease.
Contractual Liability, which provides that pet owners assume the risk of illness or injury due to the inherent risks involved with boarding, which is typically a gathering of like species, as well as interaction with the general public.
Governing Law, which should provide that the laws of the state where the facility is located apply to the interpretation of the agreement.
Limitations of Liability, including, possibly, disclaimers relating to damages, safety and health risks, damages due to unforeseeable circumstances, the pet owner holding the facility harmless for certain types of damages, including those caused by third parties, and disclaimers of liability included in the package, application, contract or other documents provided to the pet owner.
Common Issues and Disputes
Despite best efforts at dog care and sound business practices, dog boarding facilities may still find themselves on the receiving end of customer complaints and disputes. Among the most common problems are:
• improper care – staff negligence or mistakes in following instructions lead to health or other problems
• property damage – damage to owner property (especially valuables) or to the boarding facility itself
• pricing issues – billing discrepancies, failure to honor coupons or discounts
• know-your-customer issues -failure to advise customers of their rights to vaccines at the time of boarding
• unexpected illness – failure to advise customers of the risk of illness from exposure to other dogs in boarding facilities
• other misunderstandings – assumptions about the type of facility and staff
The above list covers the range of likely disputes and potential resolutions which can provide greater certainty to all parties in the event of complaints:
-Summarize key instructions and advice in writing
-Provide clear explanation of how to properly use the facility
-Explain in writing any policies , rules, regulations
-Include clear billing terms
-Clarify any know-your-customer responsibilities
-Provide and explain waivers required by law or otherwise
The clarity of these terms must be balanced against the practical need to move dogs through the facility with real time for the dogs and their owners to read all of these terms. Perhaps a website could provide the full document and clients could sign an acknowledgement that they had read and understood its terms.
Personalization of a Dog Boarding Contract
Once you have addressed all of the basic elements of a dog boarding agreement contract, it’s possible to add even more details that are specific to your unique needs. Customization considerations can really be as varied and creative as you need them to be. Though you’d have to identify a clear purpose for these additional elements, examples include clauses pertaining to things like pool access, special feeding time requests, or a chance for some group exercise time with other dogs. Perhaps your facility has a play arena and is willing to take everyone in for a set cost per pet, if an owner is interested.
Sometimes an owner says, "I want my dog to have some extra time outside, or in the tub, if one is available. I want him to have the best time possible." If you are receptive to these requests and have the ability to offer them at an additional charge, you might wish to customize your agreement. Basic management of the dog is included, but any additional time outside or in a tub is billed as AF (activities based on availability)—if you have the time, you will make it available, but only for an additional charge (like bath costs).
The initial agreement contract should also have a provision for periodic meetings between management and staff, so that the staff can provide feedback on whether the needs of the dogs are being fully met. If there are any issues—to be resolved at these meetings—interfacing with clients or boarders, those should be noted. Anything that is not conforming to the business plan or any other problems should be discussed during that set time. It is important to overcome any issues, if there are any.
Terms of a Legal Agreement for Pet Sitting
Use of Legal Counsel in Drafting Contracts
The language of almost all dog (or pet) boarding contracts is favorably viewed by courts because owners are put on notice as to the risks associated with leaving a dog for an extended period of time or in another person’s care. However, this is not the case when the language conflicts with the nitpicky and technical nuances included in the Uniform Commercial Code ("UCC"). Courts have stated that the UCC’s specific framework must be followed in order to be enforceable.
Many dog boarding facilities, especially those that primarily operate only to board dogs, are familiar with the UCC and are properly structured as security agreements. When the contract becomes a security agreement, the property rights of the goods are essentially transferred from the owner to the boarding business. While this aspect increases the likelihood that these security agreements will be enforced, dog boarding facilities must still ensure that all of the required elements, specifically the granting clause, description of the collateral, and reasonably detailed exposure languages. Without these elements, the agreement could be rendered unenforceable.
Whether you are a dog owner looking to protect the welfare of your animal, or a dog boarding facility concerned with the proper legal structure of the business, obtaining legal counsel to draft or review your dog boarding agreement contract is crucial. Consulting with a legal expert can help to ensure that the contract is enforceable, comprehensive, and anticipated issues that could arise. With essential provisions and clear instructions delineated within your contract, you can ensure that your rights and obligations are appropriately set.
Conclusion: Best Practices for dog Boarding Agreements
No matter what type of dog boarding agreement you are using, it’s important to have a thorough, clear, and signed contract in place with your clients. Clients are doing the same thing when they sign up with you. While courts will generally enforce these contracts unless they are unconscionable or plus an unfair advantage factor for one party, practice agreements should always attempt to be clear, understandable, and mutually beneficial. In general, clients should be made to understand the contents of the contract before signing it—this applies doubly to dog care services. Owners are trusting you with their dogs and should know your basic terms. Beyond that , good practice requires that the contract be as mutually beneficial as possible and that all parties understand it. It is also important to be honest about the services you will provide—if a service is not included, it should not be promised. Finally, honesty and thoroughness are the only ways to ensure both you and the client feel equally comfortable with the agreement. It is through mutual agreement that all parties are protected from liability and misunderstandings.
