Doggy Daycare

Surrey Dog School Daycare Terms and Conditions

All owners are required to complete and accept our terms and conditions. If you have any questions before agreeing, please contact us to discuss. Please scroll down for form.

SURREY DOG SCHOOL DAYCARE TERMS AND CONDITIONS

Version: <6th October 2023>

TERMS AND CONDITIONS
These Terms and Conditions (Terms) govern your use of the https://surreydogschool.com/ (Website) and dog daycare services (“Services”) made available to you. By (a) using the Website, (b) enrolling a dog with us, (c) procuring the Services, you agree to be bound by these Terms which form a binding contractual agreement between you (you, your, the Client or the User), and us, Surrey Dog School and Daycare Ltd (Company number 14914533) (Surrey Dog School, we, our or us).

Before you agree to proceed with any of our Services, please carefully read these Terms.

By paying for or otherwise accepting the benefit of any part of the Services, you acknowledge and agree that you have read and agree to be bound by these Terms, which form a binding contractual agreement between you and us. You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent.

We may change or update these Terms from time to time. When we do, we will provide you with reasonable notice. If you do not agree to any changes, please contact us. By continuing to use and/or pay for the Services, you accept any changes to these Terms that we communicate to you.

1. INTRODUCTION
1.1 TELL US ABOUT YOUR DOG
(a) Before we agree to provide you with any Services, we will ask for some information about you and your dog.
(b) We understand that all dogs are unique and have their own preferences, sensitivities and history. If there is anything that you think we should know about your dog before we provide the Services, please let us know so that we can accommodate their needs to the best of our ability. This includes:
(i) any previous or current medical conditions, illnesses or injuries;
(ii) any allergies, intolerances or dietary requirements;
(iii) any sensitivities to people, objects, dogs or other animals;
(iv) any aggressive or anxious tendencies; or
(v) anything else that affects your dog’s health, wellbeing or behaviour.
(c) We reserve the right to refuse to provide the Services to any dog we deem unfit or unsafe for the Services, including dogs that are seriously unwell, injured, aggressive or anxious.
(d) You represent and warrant that:
(i) the information you have provided to us is accurate and up-to-date; and
(ii) you will notify us as soon as reasonably practicable if any of your circumstances, or circumstances relating to your dog, change.
(iii) If we discover that any of the information provided by you is inaccurate (including where your dog is not up-to-date with its vaccinations), we may, at our discretion, refuse to provide the Services to you and your dog.

2. OUR SERVICES
2.1 ABOUT OUR SERVICES
(a) We will perform the Services in accordance with these Terms.
(b) Our Services are provided between the hours of 9.00 a.m. and 5.00 p.m. (BST), Monday to Friday .
(c) Surrey Dog School (daycare) is closed on Saturdays, Sundays, bank holidays and the period between Christmas and New Year.

2.2 BOOKING THE SERVICES
(a) You may book our Services by submitting a booking enquiry via our Website or getting in touch with us by phone or email (using the details set out on our Website).
(b) No booking request is confirmed until we have received payment of the Fees and confirmed your booking in writing.
(c) Please ensure that you drop off your dog at our address mentioned on the Website on the date and at the time agreed through our booking system or as otherwise agreed in between the parties (Drop-off Time). The Client agrees to adhere strictly to Drop-off Time and collection times. You must provide us prior notice in case of any early drop-offs or late pick-ups. Any early drop offs or late pick-ups will be charged at £15 for every early drop-off or late pick-up, as the case may be.

2.3 DAY CARE SERVICES – SPECIFIC TERMS
(a) We aim to choose safe and dog-friendly public environments to walk, exercise and play with your dog.
(b) However, you acknowledge and agree that public places can be highly stimulating and busy environments with lots of people, dogs (or other animals), loud noises, hazardous objects, proximity to main roads and other potential hazards. Your dog’s safety is our highest priority and we will do everything reasonably necessary to look after your dog while it is in our care, however we make no guarantee that it will be in an environment free from hazards.
(c) By entering into this agreement and accepting any of our Services, you accept and assume, to the maximum extent permitted by law, any risks involved with your dog travelling to and playing in, such public places.
(d) It is your responsibility to let us know if your dog is sensitive to any particular environments (including highly stimulating environments or environments where there are multiple dogs or people present). If you fail to let us know in accordance with clause 2, we will assume that any locations we choose to exercise, walk or play with your dog are suitable for your dog.
(e) The time and day(s) for providing the Services will be agreed in writing every week.
(f) It is not possible to swap sessions on an ad hoc basis. It may be possible to add occasional daycare sessions as required, subject to availability. Requests to do so should be made via email. These additional days will be added to the Client’s monthly invoice at the standard session rate.
(g) Surrey Dog School operates a fixed monthly fee system for daycare, whereby the Client pays a fixed monthly fee for a place at daycare on agreed regular day/s per week.
(h) It is not possible to swap sessions ad hoc. It may be possible to add occasional daycare sessions as required, subject to availability. Any requests to add sessions should be made via email to info@surreydogschool.com. These additional days will be added to the Client’s monthly invoice at the standard session rate.

3. PRICES AND PAYMENT

3.1 FEES
(a) The Client must pay a fixed monthly fee (Fees) in the amounts and on the 1st day of every month.
(b) To the maximum extent permitted under applicable law, any Fees paid in accordance with this agreement are non-refundable.

3.2 PAYMENT METHOD
(a) We accept payment of Fees by electronic funds transfer, debit or credit cards or via our online payment partners. The preferred method of payment is collection by Standing Order or BACS.

3.3 LATE FEE AND SUSPENSION OF SERVICES
(a) If the Client fails to make any payment due to Surrey Dog School under these Terms by the due date for payment, then the Client will be liable to pay a late fee of £5 excluding VAT per day. The Client shall pay the late fee together with the overdue amount plus any and all additional administrative, debt collection costs and legal fees incurred.
(b) We reserve the right to suspend all or part of the Services indefinitely where the Client fails to pay the Fees in accordance with clause 3.1.
(c) The Client shall pay all amounts due under these Terms in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Surrey Dog School may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by Surrey Dog School to the Client.

3.4 VAT
(a) Unless otherwise indicated, the Fees amounts include VAT. In relation to any VAT payable for a taxable supply by Surrey Dog School, the Client must pay the VAT subject to us providing a tax invoice.

3.5 CHANGES TO THE FEES
Surrey Dog School reserves the right, from time to time, to change its Fees. We will update any prices for the Services on our Website.

4. CLIENT CONSENTS AND OBLIGATIONS

(a) All dogs who attend Surrey Dog School partake in an enrichment programme that involves socialisation, training, play, scents, snacks and interaction. By sending their dog to Surrey Dog School the Client consents to their dog partaking in these activities. Appropriate adjustments will be made to allow the participation of dogs with special requirements.
(b) The Client understands that their dog(s) may be separated into ‘peer groups’ with consideration given to the age, size, health and behaviour differences between dogs.
(c) The Client consents to their dog(s) playing with dogs from other households, being walked and allowed to play outside of the daycare environment with dogs from other households under the supervision of Surrey Dog School.
(d) No dog(s) will be allowed off the lead if consent is not provided, or if in the professional opinion of Surrey Dog School, the dog(s) are not responding to commands, even where consent for off-lead exercise has been granted by the Client. Separate consent forms will be provided should we feel your dog is suitable to be walked off lead.
(e) If your dog(s) is sick, unwell or has any contagious health conditions or issues (for e.g. diarrhoea) in the 24 hours preceding the time of your daycare session, they must not attend the daycare session. If your dog is ill, sick or has diarrhoea during the session, then they must be taken home, and the Client must arrange for their pick-up.
(f) The Client understands that crates may be used for rest breaks and feeding if required and in the event of exceptional circumstances to maintain dog and human safety as appropriate. The Client consents to their dog being placed in a crate for a limited time if in our opinion it is necessary to do so. Dogs will not be placed in a crate for longer than one hour in any 8 hour period as this is the guidance under the Animal Welfare (Licensing of Activities Involving Animals)(England) Regulations 2018 – Statutory Guidance for providing day care for dogs.
(g) The Client consents to update or inform Surrey Dog School prior to any booking any future service, in relation to any behavioural change in or medical change of their pet(s).
(h) The Client consents that in the event of aggressive behaviour, or an emergency, for e.g. a bitch coming in to season, they will arrange for their dog to be removed from the environment, or for their dog to be placed in alternative kennels/boarding arrangements, at an additional cost.
(i) Females in season cannot attend whilst in season. Subject to the cooling off period (as mentioned in clause 10 below), any fees paid by the Client in such a case shall be non-refundable.
(j) The Client explicitly confirms that their dog has no record of aggressive or anti-social behaviour and they have made a full, complete and truthful disclosure of any characteristic or trait that might make their dog unsuitable for socialising with other dogs.
(k) The Client shall be responsible for any costs, charges and expenses payable to a Vet as a result of any treatment or administration of any medicine by them in the event of any damage, accident, or sickness caused to or by their dog. The Client undertakes to pay any such costs, charges or expenses on demand. This clause shall survive termination of this agreement.
(l) In the event of an emergency, the Client’s dog may be transported with other dogs in a Surrey Dog School vehicle or a staff vehicle. The Client agrees that to the maximum extent permitted under applicable law, Surrey Dog School cannot be held liable for death or injury to their dog in the event of a motor vehicle accident.

5. VACCINATIONS
(a) The Client shall ensure that their dog(s) is kept up to date on all vaccinations, de-worming and de-fleaing.
(b) Before attending any session, the Client must ensure that their dog(s) is fully vaccinated, or have a valid and up-to-date vaccination certificate or TITRE test.
(c) If fleas, ticks or lice are noticed on the Client’s dog, we will notify the Client and the Client must seek advice from their vet. Surrey Dog School will not administer medication without the Client’s prior consent. If the Client cannot be contacted the dog will be monitored and isolated if appropriate, until the dog is collected from our daycare premises.
(d) We will only give or administer medicines to your dog if instructed to do so by the Client following veterinary advice. Medicines instructed to be given to their dog during daycare at Surrey Dog School by the Client will be stored, used and disposed of in accordance with the instructions of the manufacturer.
(e) In the event of requiring emergency treatment, the Client agrees that the designated emergency vet of Surrey Dog School is authorised to treat at the cost of the Client. In any other circumstances the Client will be contacted and treatment/appointments will take place through their dog’s regular registered vet. The details of each centre’s registered vet can be found at reception, details can be shared and a certificate of partnership will be displayed.
(f) The owner or designated main point of contact must be contacted to give consent for euthanasia in all circumstances where this is recommended as the course of action by a veterinary professional. Should the Client and the dog’s emergency contact not be contactable, veterinary advice will be followed. In the unfortunate circumstances of an emergency, where warranted Surrey Dog School vows to keep a record of all euthanasia and the identity of the qualified veterinarian that carried it out.

6. DISCLAIMERS
(a) Surrey Dog School does not supply dog food. If the Client supplies their dog with a daily meal whilst at Surrey Dog School then the Client understands their dog will be fed in a separated area in isolation from other dogs.
(b) Surrey Dog School is closed on bank holidays and the period between Christmas and New Year.
(c) Our Fees are calculated over 47 weeks of the year to take into account leave days, plus closure over the Easter and Christmas period. Any additional leave related to long term sickness is at the discretion of Surrey Dog School.
(d) In the event of extreme weather conditions, Surrey Dog School may close their facilities, for the safety of dogs and staff. Surrey Dog School will contact you with as much notice as possible should this be the case.

7. PHOTOGRAPHY AND VIDEOGRAPHY
(a) In the course of providing the Services, we may take photographs or video recordings of you and/or your dog.
(b) From time to time, we may upload such photographs or video recordings to our promotional material or social media platforms or in any format that Surrey Dog School considers appropriate for the sole purpose of promoting our brand and Services.
(c) If you do not want us to take photos or videos of you or your dog, please let us know before we provide any Services to you. Otherwise, your acceptance of this agreement (and our privacy policy as in force from time to time) will constitute your consent to us storing, maintaining, using and disclosing (including capturing and sharing) such photos and videos.

8. SUBCONTRACTING
(a) Surrey Dog School may subcontract any aspect of providing the Services and the Client consents to such subcontracting.
(b) Surrey Dog School is responsible for the acts and omissions of its subcontractors as if they were the acts and omissions of the company.
(c) We may engage third party vets or consultants (Vets) to provide veterinary services to your dog in the case of an emergency, accident or illness. The Vets are third party providers and independent contractors of Surrey Dog School (and not its subcontractors or employees). We accept no responsibility or liability arising from any acts or omissions of the Vets. The Client shall be responsible for any costs, charges and expenses payable to a Vet as a result of any treatment or administration of any medicine by them in the event of any damage, accident, or sickness caused to or by their dog. The Client undertakes to pay any such costs, charges or expenses on demand. This clause shall survive termination of this agreement.

9. WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b) Nothing in these Terms is intended to limit the operation of the applicable consumer law in the UK. Under the applicable law, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

10. TERMINATION
(a) Please note that you have right to cancel your booking for the Services within 14 days from the date of your booking (“cooling off period”), unless we have started to provide you with Services during this time (in which case the cooling off period no longer applies).
(b) If you cancel during the cooling off period, you will be entitled to a full refund. We reserve the right to the refund you the fees (in full or partial), at our sole discretion.
(c) Should you wish to cancel your booking, you may do so at any time by emailing us at info@surreydogschool.com.
(d) After the cooling-off period, you may cancel our Services by providing a 30 days prior written notice of cancellation or termination. Upon receipt of this cancellation or termination notice, we will set a finish date for the Services. We will charge you additionally fees on a pro rata basis for the number of days/training sessions remaining in the following month (as applicable) for the Services.
(e) On termination of this agreement for any reason, the Client shall immediately pay all outstanding unpaid invoices and late fees if applicable, in respect of Services supplied. In respect of any Services for which no invoice has been submitted, Surrey Dog School shall submit an invoice, which shall be payable by the Client immediately on receipt.

11. LIABILITY
(a) (Liability) To the maximum extent permitted by applicable law, Surrey Dog School limits all liability in aggregate of all claims to the Client for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Surrey Dog School to the amount paid by the Client to Surrey Dog School in the 1 month preceding the date of the event giving rise to the relevant liability.
(b) (Indemnity) The Client shall indemnify Surrey Dog School and its employees, contractors and agents in respect of all liability for any claim(s) by any person arising from the Client’s or the Client’s employee’s or agent’s:
(i) breach of any term of this agreement;
(ii) negligent, wilful, fraudulent or criminal act or omission; or
(iii) use of any goods or Services provided by Surrey Dog School; or
(iv) personal injury or death of a third party as a result of any acts or actions of the Client or their dog(s).
(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Surrey Dog School be liable for any indirect, incidental, special or consequential loss or damages arising under or in connection with these Terms or any goods or services provided by Surrey Dog School (except to the extent this liability cannot be excluded under the applicable law).
(d) Nothing in these Terms shall limit or exclude Surrey Dog School’s liability for the death or personal injury to a human being caused by its negligence, or the negligence of its employees, agents or subcontractors.

12. DISPUTE RESOLUTION
(a) You should direct any complaint relating to the Services via our Website.
(b) If any issue or problem remains unresolved after directing a complaint via the Website, you may report it to Surrey Dog School via email at info@surreydogschool.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) If the issue is not resolved within a period of 30 days from the date of submission of your complaint in sub-clause (b), a party may by notice to the other party or parties to the dispute refer the dispute for mediation in good faith in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure (“Model Procedure”) and the mediation will start, unless otherwise agreed in writing between the Parties, within 30 days of one Party issuing a request to mediate to the other Party.
(d) The mediation shall be conducted in accordance with the Model Procedure.
(e) The mediation will take place in London, England and the language of the mediation will be English. The Mediation Agreement referred to in the Model Procedure shall be governed by, and construed and take effect in accordance with, the substantive laws of England.
(f) If the dispute is not settled by mediation within 120 days of commencement of the mediation or within such further period as the Parties may agree in writing, the Parties may refer the dispute to the competent courts of England.
(g) The terms of the Model Procedure are deemed incorporated into this agreement.
(h) This clause shall survive termination of this agreement

13. GENERAL

(a) Force Majeure. Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.

(b) Entire Agreement
(i) 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.
(ii) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance 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.

(c) Variation. No variation of this agreement shall be effective unless it is in writing and accepted by both parties or their authorised directors.

(d) Waiver. 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:
(i) waive that or any other right or remedy; or
(ii) prevent or restrict the further exercise of that or any other right or remedy.

(e) Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such 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 this agreement.

(f) Notices.

(i) A notice or other communication to a party under these Terms must be:
A. in writing and in English; and
B. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(ii) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
A. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
B. when replied to by the other party,
whichever is earlier.

(g) Third parties. No one other than a party to this agreement shall have any right to enforce any of its terms.

(h) Governing law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

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

(j) Joint and several liability. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

(k) Assignment. A party shall not assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(l) Interpretation.
(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi) (this agreement/these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings) except where expressly mentioned, headings and words in bold type are for convenience only and do not affect interpretation;
(ix) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision;
(xi) (in writing or written) includes communication via email.