Agreement & Release of Liability
I declare that I am at least 18 years of age and that I am the legal owner of the pet described on the Appointment Request Form, or that I am duly authorized as legal caretaker to act on behalf of Owner in his/her absence to obtain medical care and/or other services for said pet. I, (hereinafter referred to as “Owner”), understand and agree to the terms set forth in this “Agreement & Release of Liability” (hereinafter referred to as “Agreement”).
To the best of my knowledge, the described pet (hereinafter referred to as “Pet”) is not pregnant and has never had an allergic or adverse reaction to a vaccine, other medication, or anesthesia. Owner is also not aware of Pet having any underlying abnormal medical conditions. Owner understands that pregnant and/or lactating animals cannot be vaccinated and that anesthetic procedures should not be performed on pregnant or lactating animals unless it is needed to save the animal’s life. Owner further understands that in order to have Pet vaccinated or undergo certain procedures, it must be healthy and have had no incidence of coughing, sneezing, vomiting, runny eyes, or diarrhea within the past two weeks.
Owner understands that even if Pet is not exhibiting any symptoms or that no abnormal conditions are known, a vaccine reaction or reaction to any medication or anesthesia is always possible. Heart – Healthcare & EmergencyAnimal Rescue Team (hereinafter referred to as “HEART”) is comprised of veterinary professionals and other support staff and that at all times when referring to HEART, it refers to its entire staff, whether employees, independent contractors, or volunteers.
HEART shall exercise precautionary measures to help ensure Pet’s health and safety; however, Owner understands that certain risks are involved with the handling, treatment, and/or care of animals, especially during and as a result of anesthetic and other medical procedures, and as such, it is possible that Pet may sustain injuries, illness, or even death at no fault of HEART. Owner also understands that there are risks and potential consequences as a result of Owner’s refusal to allow any recommended treatment or care for Pet and/or as a result of Owner’s failure to follow HEART’s instructions for pre and/or post treatment care for Pet, for which HEART shall not be held responsible.
Owner hereby grants permission and gives full consent and authorization to HEART to provide medical care and/or other services to or on behalf of Pet, now and in the future, including, but not limited to, examinations, vaccinations, nail trims, anal gland expressions, parasite control, microchipping, diagnostic testing (blood work, X-rays, and other diagnostic procedures), treatment for infections, lacerations, wounds, abscesses and other injuries and conditions, anesthetic procedures such as spaying, neutering, dental prophylaxis, dental extractions, dewclaw removal, and other surgical procedures, emergency care, and if warranted, humane euthanasia if Pet is suffering to the point where further medical treatment or care would not provide any quality of life for Pet and would only prolong painful suffering. HEART is further authorized to handle, transport, house/board, hospitalize, and care for Pet at other locations, hospitals, and facilities other than HEART’s mobile unit.
Owner understands that in the event of Pet’s euthanasia, it is the responsibility of Owner to make arrangements and pay for the disposal of Pet’s remains.
Owner gives permission for photos and/or video tape recordings to be taken of Pet, Owner, and Owner’s family, to be used by HEART for publicity or other purposes and understands that no compensation shall be made to any person or entity for the use of such photos or video tape recordings.
Any of Pet’s medical records generated by HEART shall be maintained by HEART for a period of three (3) years from the date Pet was last seen by HEART. Owner will receive a copy of Pet’s Certificate of Vaccination and/or Certificate of Sterility when applicable and is responsible to maintain that Certificate. In the event Owner requests a duplicate copy of any document/record generated or maintained by HEART, an administrative fee of Twenty-Five Dollars ($25) shall be charged to Owner.
HEART maintains the right to refuse service to any person or pet for any reason, and shall exercise that right especially if HEART believes that, upon examination of Pet, moving forward with any specific procedure, treatment, or service may compromise Pet’s health, safety, or welfare. HEART may also refuse to provide service if Pet cannot be properly controlled by Owner or if Pet exhibits aggression which cannot be managed by HEART staff. If service is not provided to Pet due to its aggressive behavior, physical condition, or other reason, HEART will refund Owner any amount paid for services not rendered, less a Twenty Dollar ($20) fee.
Owner is responsible to pay any balance owed for products and services at the time they are provided/rendered. All deposits and payments are non-refundable unless 1) services were not provided due to cancellation of a clinic by HEART; or 2) if any terms depicted on HEART’s website state otherwise at the time payment was submitted.
Notwithstanding the terms set forth in the above paragraphs, Owner understands that HEART’s fees may increase at any time. As such, if Owner reschedules an appointment, Owner will be responsible to pay the difference/remainder in price being charged at that future time which will be reflected on HEART’s website. Should HEART reschedule Pet’s appointment, the prices will remain locked in at the price at which time the original appointment was scheduled.
When Pet is brought to HEART for any services which require leaving Pet in HEART’s care/custody and later picking up Pet, Owner understands that Pet will not be released to anyone other than Owner or other authorized person. Authorization must be provided to HEART in writing. Text message will be accepted which must contain Owner’s name, name of Pet, and name and phone number of authorized person). Pet will not be released to anyone until the respective procedure/care has been completed and Pet is fully awake and recovered from anesthesia (if applicable).
HEART shall notify Owner when Pet is ready to be picked up. Notification will be provided by verbal communication at the time Pet arrives or later, via a phone call or text message to Owner. It is Owner’s responsibility to arrive in a timely manner and no later than forty (40) minutes from the notification to retrieve Pet. In the event Owner exceeds the 40-minute maximum time frame in which to retrieve Pet, a late fee shall be charged to Owner as follows: 5 to 20 minutes late: $25; 21 to 30 minutes late: $50; 31 to 45 minutes late: $75; 46 to 60 minutes late: $100. The late fee is due and payable by Owner at the time Pet is retrieved. Due to the fact that HEART is a mobile pet healthcare provider, HEART is limited to its ability to house pets. As such, in the event Pet is not retrieved by Owner within one (1) hour and thirty (30) minutes after notification that Pet is ready to be picked up, Pet will be deemed abandoned and the terms set forth in the proceeding paragraph will apply.
In the event Owner does not retrieve Pet prior to HEART’s departure from the location at which the services were provided, Pet will be taken to a boarding facility, private foster home, rescue group, or public or private animal shelter for housing and care. Owner may contact HEART to ascertain the whereabouts of Pet; however, it is the sole responsibility of Owner to communicate directly with the facility at which Pet is housed to arrange for Pet’s release to Owner. Owner is fully responsible and liable for all charges and fees involving any care of Pet, including, but not limited to, transportation, housing, food, medical or other care, and/or impound or licensing fees for Pet. Owner understands that HEART is not responsible for Pet’s care or well-being after it is transferred to any other entity or facility.
The terms set forth above are understood and agreed upon by Owner which may reflect separate or additional terms and conditions as set forth in the Abandonment Law per California Civil Code Section 1834.5 which states:
(a) Notwithstanding any other provision of law, whenever an animal is delivered to a veterinarian, dog kennel, cat kennel, pet grooming parlor, animal hospital, or any other animal care facility pursuant to a written or oral agreement entered into after the effective date of this section, and the owner of the animal does not pick up the animal within 14 calendar days after the day the animal was initially due to be picked up, the animal shall be deemed to be abandoned. The person into whose custody the animal was placed for care shall first try for a period of not less than 10 days to find a new owner for the animal or turn the animal over to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or nonprofit animal rescue group, provided that the shelter or rescue group has been contacted and has agreed to take the animal. If unable to place the animal with a new owner, shelter, or rescue group, the animal care facility may have the abandoned animal euthanized.
(b) If an animal so abandoned was left with a veterinarian or with a facility that has a veterinarian, and a new owner cannot be found pursuant to this section, the veterinarian may euthanize the animal.
(c) Nothing in this section shall be construed to require an animal care facility or a veterinarian to euthanize an abandoned animal upon the expiration of the 10-day period described in subdivision (a).
(d) There shall be a notice posted in a conspicuous place, or in conspicuous type in a written receipt given, to warn a person depositing an animal at an animal care facility of the provisions of this section.
(e) An abandoned animal shall not be used for scientific or any other type of experimentation.
Owner hereby releases and holds harmless, HEART, its elected & appointed boards and commissions, directors, officers, employees, volunteers, independent contractors and other staff, their heirs, agents, representatives, affiliates, partners, colleagues, and hosting or sponsoring partners (including departments of animal services which have respective jurisdiction, and municipalities and counties in which HEART clinics/events are held), from any and all liability and/or claims involving any injury, damage, or loss related to, connected with, or arising from the performance of any medical care or other services rendered to or on behalf of Pet, including, but not limited to Pet’s transportation, housing/boarding, hospitalization, diagnostic testing, surgical or other procedures, vaccinations & medications, microchip implants, etc., or arising from any damage, injury, or illness sustained by any person or Pet as a result of attending any clinic or other event sponsored or attended by HEART at any location at any time, now, or in the future.
No claims will be made by Owner against the individuals or entities described in the preceding paragraph and Owner shall indemnify and hold each of them harmless from any and all liability, claims, legal suits, or actions for damages of any kind, including attorneys’ fees and other expenses incurred by Owner or another person, as a result of HEART’s actions, Owner’s actions, Pet’s actions, and/or actions of Owner’s minor children, as a result of or connected with attending any events/clinics, and including loss or injury sustained as a result of fire, vandalism, burglary, extreme weather, natural disasters, or acts of “Mother Nature” or God.
Any part, provision, or representation of this Agreement which is prohibited by law or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and shall be construed as if such invalid or illegal or unenforceable provision or portion had never been contained herein. Upon such determination that any word, term, sentence, paragraph, clause, verbiage, or other provision is invalid, illegal, or unenforceable, a court of law and proper jurisdiction making such determination may modify this Agreement so as to effect the original intent of the Agreement as originally contemplated to the fullest extent possible.
This Agreement is a legal and binding contract which becomes effective immediately upon either: 1) Owner signing and dating this document below; or 2) Owner submitting HEART’s Appointment Request Form (electronically or otherwise), and that this Agreement shall remain in full force and effect at all times, present and future, at any location/site at which HEART is providing any service, until such time that Owner provides written notification to HEART to terminate this Agreement, of which notice must be provided via email to firstname.lastname@example.org.
Owner attests that he/she has read, understands, and agrees voluntarily, without duress, coercion, or undue influence, to the terms and conditions set forth in this Agreement and further understands that this Agreement is incorporated into and made a part of HEART’S online Appointment Request Form.