TERMS OF SERVICE
Welcome to Bowie Barker™.
Please read these Terms of Service (“Terms”) carefully. These Terms together with your Membership Agreement (for members) or Liability Waiver and Release Form (for non-members), or similar documentation whether made available in print or online, form the legally-binding “Agreement” between you, as our customer (“you,” or “your”), and the independently owned and operated Bowie Barker™ franchisee identified in the Agreement (together with its affiliates, successors and assigns, “Bowie Barker™ Shop,” “we,” “us” or “our”). By entering into an Agreement with us, or by receiving the benefits of our services, you accept and agree to these Terms. If you do not wish to be bound by these Terms, then you may not use our services or access our shop.
Please note that each Bowie Barker™ shop is independently owned and operated by a franchisee associated with the Bowie Barker™ franchise system. The Bowie Barker™ franchisor is not a party to this Agreement and will not be liable for any acts or omissions by you or the Bowie Barker™ Shop.
THESE TERMS INCLUDE AN “AGREEMENT TO ARBITRATE & CLASS ACTION WAIVER” THAT WILL AFFECT YOUR RIGHTS TO SUE IN COURT. UNLESS YOU HAVE TAKEN STEPS TO AFFIRMATIVELY OPT-OUT, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND THE BOWIE BARKER™ SHOP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. SEE SECTION 4 FOR MORE DETAILS.
1.1 Offerings.
Bowie Barker™ is a new kind of dog bath and barber that takes a modern approach to the dog grooming experience. Dogs are like family members, and they deserved to be pampered. We offer an upscale environment for the comfort of you and your dog, and we’ve made it easy to book grooming and bathing services through our proprietary Bowie Barker™ app. Our bathing and grooming services are limited to dogs; at this time, we are not offering services to any other type of animal. Our service offerings include either
(a) A do-it-yourself dog bath option, where we provide the physical space, the bath and the bathing shampoo/conditioner, and you do the work of bathing your dog (the “DIY Option”); or
(b) A full-service dog bath and/or grooming option, where we bath your dog and/or groom the dog for you (the “Full-Service Option”) (collectively, “Services,” unless referred to individually). We may provide other details about our Services, and the pricing for such Services, at the shop location itself.
1.2 Eligibility.
To receive Services, you must:
(a) Be at least 18 years of age and be able to enter into contracts in the state where we operate;
(b) Be the dog’s lawful owner, without liens or claims of others’ ownership of the dog;
(c) Establish that your dog has received all core vaccinations, including vaccination for canine parvovirus, distemper, canine hepatitis and rabies (we reserve the right to see proof of your dog’s vaccination status and/or require that your dog undergo additional vaccinations in some markets); and
(d) Consent to these Terms and comply with the Agreement. If you’ve signed up for the Full-Service Option, then in addition to these other eligibility requirements, we reserve the right to ask you to provide us with a letter from your licensed veterinarian certifying that your dog has been cleared for bathing and grooming. It is your responsibility to keep us informed about any changes in your eligibility status. Notwithstanding the foregoing, we expressly reserve the right, in our sole and absolute discretion, to immediately suspend or terminate Services for any reason not expressly prohibited by law.
1.3 Service Types.
You can purchase Services on an a-la-carte or membership basis, or you can purchase both. If you choose to receive a-la-carte Services, then payment will be required up-front and in-full either right before or right after Services are provided. If there are additional fees or charges incurred with respect to a-la-carte Services, we will make you aware at the time of pick-up and you agree to pay for such additional fees or charges immediately. You may also choose to receive Services on a Bowie Barker™ membership. If you choose to receive Services on a membership basis, then the “Membership & Billing Terms,” described next, will apply. Regardless of the type of Services selected, these Terms will still apply; the only difference is that if you are signing up for a Bowie Barker™ membership, you will be required to enter into a Membership Agreement, and if you are receiving a-la-carte services, you will only need to sign our Liability Waiver and Release Form.
1.4 How to Book Services.
We offer three convenient methods for booking. You can book:
(a) Through the Bowie Barker™ app;
(b) In-shop, at the front desk; or (c) online at
www.bowiebarker.com
, and selecting your shop location. To cancel or change a booking, you can do so through the same designated channels. Please note, however, that we do abide by a strict 12-hour window for cancellation without penalty. See our “No Show; Late Cancel” policy below for more details.
1.5 No Show & Late Cancel.
If you book Services, please be courteous to our staff and other guests by arriving on time for all scheduled bathing or grooming sessions. It’s recommended that you arrive at least 10 minutes early to get checked in and to get your dog acclimated to a different environment. We’ve found this helps to maximize the likelihood of a pleasant experience for everyone. If you arrive late for a scheduled session, our policy is not to extend the time for Services out of respect for other guests who may have booked Services after you. We maintain this policy to ensure that all booked Services can start and end at the times planned. If you book Services and fail to show up for a scheduled session, we consider this a “No Show” situation and you will be charged for Services. If you book Services and you need to cancel or change the session time, please do so within 12 hours from the scheduled start-time. If your session cancellation or change request occurs inside of this 12-hour window, we consider that a “Late Cancel” situation and you will be charged for half the session’s cost. We do not offer refunds or credits on No Show or Late Cancel situations.
1.6 Safety Considerations.
We love dogs, but we recognize dogs are not people and may behave erratically, especially in an unfamiliar environment with unfamiliar people. For the safety of all who enter the Bowie Barker™ premises, whether human or canine, we reserve the right to remove any dog from the shop location, or discontinue Services, if a dog, as we determine in our reasonable judgment, acts aggressively or shows threatening behavior toward any member of our staff, other guests or other dogs on the premises.
1.7 Representations and Warranties.
By booking your dog for Services, you represent and warrant to us that
(a) You and your dog meet all of the Eligibility requirements, as described above;
(b) Your dog does not have a history of violent or aggressive behaviors toward other dogs or humans;
(c) Your dog does not have fleas and is current and up-to-date in all of its flea treatments;
(d) Your dog does not suffer from a disability, illness or condition that could affect the health or safety of our staff, guests or other dogs; and
(e) Your dog is not still recovering from a surgery or medical procedure (including spaying or neutering) within the past 12 months.
1.8 Fleas.
Fleas are uncomfortable and a nuisance to dogs and those around them. If we discover fleas on your dog during a bathing or grooming session, you authorize us to immediately treat the dog for fleas by giving it a flea bath. Because fleas are easily spread to other animals if left untreated, we consider an immediate flea bath a necessary remedy for the protection and safety of the other dogs on premises. If we give your dog a flea bath, as set forth in this provision, you will be responsible for the cost of the bath as an additional charge.
1.9 Nail Trimming.
Dogs tend not to like nail trimming. While we make efforts to keep the dog comfortable and calm during a nail trimming, we recognize that sometimes, despite our best efforts, trimming a dog’s nails may not be possible due to the dog becoming stressed, uncooperative, aggressive, or some combination thereof. If we are unable to complete a nail trimming, we will let you know; in this limited instance, nail trimming by a licensed veterinarian may be your best option.
1.10 Dog Shaving.
If your dog is presented to us with a severely matted coat, we will try to identify that immediately and let you know before taking the dog back for grooming on the Full-Service Option. A matted coat can be uncomfortable for dogs and, when left untreated, can hide underlying skin conditions such as hot spots, bruises, cuts and scratches. While, as a general rule, we will not shave a dog’s coat without the owner’s permission, in extreme cases, we may determine that shaving the dog’s coat is the only way to adequately provide grooming and future grooming services with minimal risk or discomfort to the dog. De-matting of a dog’s coat incrementally can be stressful and uncomfortable for the dog, and potentially leave the dog with a thinned-out coat that can make it extremely difficult to provide grooming services in the future. Fully shaving the dog’s coat is quicker and gentler on the dog and tends to produce better long-term results. If the circumstances warrant it, as we reasonably determine, we reserve the right to fully shave your dog. You understand and acknowledge that a full shaving will dramatically change the appearance of your dog, but that, much like a haircut for humans, the dog’s coat will eventually grow back.
1.11 Loss of Property.
You are encouraged to leave valuables at home. If you bring valuables onto the Bowie Barker™ premises (including the parking lot), we will not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items belonging to you or your dog.
1.12 Pick-Up, Boarding & Abandonment.
We do not offer boarding services of any kind. We are not an animal hospital, a veterinarian service, or a traditional doggie daycare, and we are not set up to board dogs overnight or long-term. It shall be your sole responsibility to pick up your dog following completion of Services, or to make arrangements for an authorized third-party to pick up your dog. If you designate someone other than yourself to pick up the dog, you must provide the individual’s name in advance and we will ask to see proper identification from that person at the time of pick-up. As a courtesy, we will keep your dog for up to two hours following completion of Services to allow you sufficient time for pick-up at no additional cost. After this two-hour time limit, however, we reserve the right to charge you an additional fee of $50 per hour for dog sitting services for the remainder of the business day. During the time that your dog is in our care and custody, for the safety of your dog and others on the premises, we may keep your dog isolated from other dogs in a designated area. If for whatever reason you are unable to return to the shop the same day to pick up your dog, you authorize us to have the dog boarded overnight at an additional cost to you of $250 per night. Overnight boarding may happen at the shop, or we may hire a local third-party dog boarding service, and you expressly authorize these actions. Absent communication from the owner, any dog not picked up within 10 days following the provision of Services will be considered abandoned. We work with local shelters and rescues to pick up and care for abandoned dogs.
1.13 Emergencies.
Whenever dealing with animals, the unexpected can happen. While your dog is in our care and custody, we will act reasonably and use our best judgment to properly address problematic situations that may arise. If an emergency involves your dog, we will attempt to contact you as soon as possible. During and after your dog’s receipt of Services, you should keep your phone on and remain generally available until pick-up time. If we cannot reach you during an emergency, we will try calling the secondary contact you provide, and if not provided or available, we will try calling your veterinarian. If necessary, you expressly authorize us and our staff to intervene to provide immediate medical treatment to your dog, or to transport your dog to the nearest veterinarian’s office as we deem reasonably necessary for the health and safety of your dog. The authority to transport your dog to a local veterinarian’s office includes, without limitation, obvious or suspected abuse or neglect of the animal. You agree to cover any and all costs associated with third party veterinary services arising from or relating to an emergency situation involving your dog.
1.14 Shop Rules.
All guests and members will conduct themselves appropriately while in the shop location and will comply with any and all applicable laws and rules and regulations established by us in our sole discretion (as made available on the Bowie Barker™ website or in the shop), and with directions of our personnel (collectively, “Rules”). If in our judgement you violate the Rules, or if you act in a manner contrary to the best interests or safety of others, then we shall have the right to refuse you entry into our shop location, or any other Bowie Barker™ shop, or to discontinue Service, or temporarily or permanently suspend your membership (as applicable).
2.1 Payment Authorization.
You expressly authorize us, or our authorized billing services provider, to seek payment from you for all fees, charges and other amounts due under the Agreement by charging the credit card on file. If you have a membership, you will be charged for your membership each month on the Billing Date identified in the Agreement. You understand that a charge may not immediately post to the card. If you have provided multiple payment cards to us, and in the event a payment that we attempt to collect fails, you authorize us to attempt to collect the payment by initiating one or more payment attempts to any additional payment cards that you have provided to us. It shall be your sole responsibility to ensure that the credit card number that we have on file for you is valid so that all fees, charges and other amounts due under the Agreement can be charged to that card. If any payment card that you have previously provided changes or expires, you agree to promptly notify us of such change so that there is always at least one valid card on file. If any payment subject to this authorization is returned unpaid and a valid card is not provided within ten (10) days after the regularly scheduled date for payment, we may exercise any and all rights available to us, whether under the Agreement or under applicable law, which may include, but are not limited to, suspension of your membership until such payment is made, assessing a late payment fee, and/or terminating the Agreement and/or Services.
2.2 Billing Errors.
In the event we make an error in processing a charge, you authorize us to initiate a credit or debit to the payment card on file to correct the error. If you inadvertently transpose a digit or make a similar error in providing us with information about a payment method, you authorize us to correct the error after verifying the information with you. You understand that your financial institution may charge you a fee in addition to any service charge you may owe us if any payment authorized above is dishonored or returned unpaid, and you agree that we will have no liability for any such fees.
2.3 Revocation of Authorization.
You may revoke this payment authorization in person (at the shop), by sending us an email to the shop email as provided in the Agreement, or by mailing us a letter at the shop location address as set forth in the Agreement with enough notice to give us a reasonable opportunity (typically three business days) to act on your request. If you revoke this authorization, you will still be responsible for paying any amounts that you owe under the Agreement. As applicable, your membership will terminate as of the date of revocation.
2.4 Default.
Should you default on any payment obligation as called for in the Agreement, we shall have the right to declare the entire remaining balance due and payable immediately, and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorneys’ fees. A default occurs when any payment due under the Agreement is past due for more than 60 days. We reserve the right to suspend or terminate Services if a scheduled payment is not made, and you consent that such termination or suspension of Services is reasonable. This provision is subject to, and shall be superseded by, any applicable local, state or federal laws.
2.5 Payment Types.
Except for tips, we do not current accept cash payments at this time. Credit and debit cards, including MasterCard, Visa and American Express, are welcome along with gift cards. We only accept payment from U.S. and Canadian bank accounts.
2.6 Gift Cards.
A gift certificate or gift card is not the same as a membership. Gift certificates and gift cards are subject to their own terms. If you wish to purchase a gift certificate or gift card, the gift card can only be redeemed at the Bowie Barker™ location where it was purchased. All Services purchased with use of gift certificate or gift card will be subject to these Terms.
3.1 WARRANTY DISCLAIMER.
To
THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND FRANCHISOR, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES OR ACCESS TO OUR FACILITY AND THE SURROUNDING PREMISES SHALL BE AT YOUR OWN RISK. IN THIS REGARD, YOU VOLUNTARILY AND KNOWINGLY ASSUME THE RISK OF ALL DANGERS, WHETHER KNOWN OR UNKNOWN, THAT MAY BE ASSOCIATED WITH OUR SERVICES OR PREMISES, INCLUDING, WITHOUT LIMITATION, THE RISK THAT YOU OR YOUR DOG MAY GET BITTEN BY ANOTHER DOG; YOU OR YOUR DOG MAY BECOME EXPOSED TO COMMUNICABLE ILLNESS, INCLUDING WITHOUT LIMITATION, COVID-19 OR CANINE PARVOVIRUS; YOUR DOG MAY CONTRACT FLEAS, KENNEL COUGH OR ANY OTHER TYPE OF CONTAGIOUS DISEASE; OR YOUR DOG MAY BECOME INJURED OR GET A MEDICAL CONDITION WHILE ON OUR PREMISES INCLUDING SERIOUS INJURY OR, IN EXTREME CASES, DEATH. OUR SERVICES AND FACILITIES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
3.2 RELEASE : LIMITATION OF LIABILITY.
To
THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND FRANCHISOR BE LIABLE TO YOU, OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU, FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OUR FACILITY (INCLUDING THE SURROUNDING PREMISES), OR THE AGREEMENT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF THE COMPANIONSHIP OF A PET, LOSS OF DATA, OR LOSS OF GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER BASIS, AND IT WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN IT IS THE EXPRESS INTENTION OF THE PARTIES THAT UNDER SUCH CIRCUMSTANCES, YOU OR THE PERSON OR ENTITIES CLAIMING THROUGH YOU FOR LIABILITIES THAT WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE SUM OF THE FEES PAID TO US BY YOU IN THE ONE MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE ON WHICH THE LIABILITY AROSE, OR TWO HUNDRED DOLLARS ($200), WHICHEVER AMOUNT IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
If
YOU ARE A CALIFORNIA RESIDENT: YOU UNDERSTAND AND AGREE THAT THE RELEASE ABOVE APPLIES TO ALL POTENTIAL CLAIMS, WHETHER KNOWN OR UNKNOWN. IN THIS REGARD, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR LAWS. SECTION 1542 READS AS FOLLOWS:
“A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
3.3 INDEMNIFICATION.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND FRANCHISOR (COLLECTIVELY, THE “BOWIE BARKER™ INDEMNIFIED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR OR YOUR DOG’S USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, INJURIES CAUSED BY YOUR DOG TO OTHER DOGS OR INVITEES ON THE PREMISES) OR YOUR BREACH OF THE AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY OF THESE TERMS). NOTWITHSTANDING THE FOREGOING, BOWIE BARKER INDEMNIFIED PARTIES RESERVE THE RIGHT, AT YOUR COST AND EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY UNDER THIS SECTION, AND YOU AGREE TO COOPERATE WITH THE DEFENSE OF SUCH CLAIMS. THE BOWIE BARKER INDEMNIFIED PARTIES WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.
4. AGREEMENT TO ARBITRATE & CLASS ACTION WAIVER
4.1 Agreement to Arbitrate.
Any dispute arising out of or relating in any way to our Services or the Agreement shall be submitted to confidential, binding arbitration subject to the following exceptions:
(a) we may proceed directly to court for any fees, dues and other charges owed to us under the Agreement;
(b) either party may submit claims to small claims court if jurisdiction is appropriate in such courts;
(c) either party may submit claims to court seeking equitable or injunctive relief in the state or federal courts found in the county where the shop identified in the Agreement is located, provided, however, that any individual claims not involving equitable or injunctive relief will still be subject to arbitration; or
(d) in the event the Agreement as a whole is found by a judge in a court of law not to be subject to arbitration, then the parties agree and consent to the exclusive jurisdiction of the state or federal courts found in the county where the shop identified in the Agreement is located, and waive any objection based on venue or forum non conveniens with respect to jurisdiction therein.
The Agreement to Arbitrate as described herein shall be governed by the Federal Arbitration Act (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Agreement to Arbitrate and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws shall not govern in any respect. The parties intend for this Agreement to Arbitrate to be interpreted broadly and to survive termination of the Agreement for any reason. A judge in a competent court of law, and not the arbitrator, shall be permitted to interpret and determine the validity of the arbitration provision, including unconscionability.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describe the nature of your claim to the address for the shop location as provided in the Agreement. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS rules are available online at http://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAM’s rules. You may choose to have the arbitration conducted by telephone, based on written submission, or in person in the county where the shop identified in the Agreement is located, or at another agreement mutually agreed to by us. Judgment on an arbitrator’s award may be entered in any court having jurisdiction.
The parties agree that this Agreement to Arbitrate has been included to rapidly and inexpensively resolve any disputes between the parties and that this section will be grounds for dismissal of any court action commenced with respect to this Agreement, except as specifically described above. The parties may exercise any lawful rights to seek provisional remedies or self-help without waiving the right to arbitrate by doing so. This Agreement to Arbitrate will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). With the exception of the Class Action Waiver (described next), if any other provision of this Agreement to Arbitrate is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Agreement to Arbitrate.
4.2 Class Action Waiver.
The parties each agree that the arbitrator shall not consolidate more than one person’s claim and shall not otherwise preside over any form of a representative or class action proceeding, and that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action.
THE PARTIES TO THE AGREEMENT KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING.
If this Class Action Waiver provision is found to be unenforceable, then the entirety of this section shall be deemed null and void and neither of us will be entitled to arbitrate our dispute.
4.3 Your Right to Opt-Out.
You have a right to reject this Agreement to Arbitrate, but you must exercise this right promptly as set forth herein. If you
DO NOT
wish to be bound by the Agreement to Arbitrate, then you must notify us in writing within thirty (30) days after the date you enter into the Agreement. To exercise your opt-out right, you must send your request electronically to the shop location at the email address provided in the Agreement, or by submitting your written opt-out notice in-person at the shop. Your opt-out request must include your full name, address, and the statement “I reject the Arbitration Agreement contained in my Agreement.” If you exercise the right to reject arbitration, the other terms of this Agreement will remain in full force and effect as if you had not rejected arbitration.
5.1 Informational Messages.
You authorize us and our authorized service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement, including information about your payments, shop closures or informational announcements, booking confirmation, and material changes to the Agreement. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that the Messaging Parties will have no liability for such charges.
5.2 Promotional Messages.
If you would like to receive information from us and our authorized vendors about promotions or other services that may be of interest to you, you must affirmatively opt-in to such communications by checking the appropriate box in your Agreement. By doing so, you are giving us and our authorized vendors for certain services, consent to contact you by email to the email address as set forth in your Agreement, or by text message or telephone call at the number provided in your Agreement for promotional purposes. You may update your communication preferences or revoke your consent to receiving promotional messages at any time. By checking the box and opting-in, you expressly consent to receive autodialed and/or prerecorded messages from or on our behalf, or from or on behalf of our authorized vendors, at the phone number provided, including any wireless number, as applicable. Standard text rates will apply. Your consent is not a condition of purchase. You may text “STOP” at any time to opt-out from future promotional messages.
6.1 Permission to Use Name/Likeness.
You understand and consent that while in our shop, you or your dog’s name or likeness (including live or recorded video images) may be photographed, videotaped or recorded. To the fullest extent permitted by law, you waive all rights of publication, privacy or pre-approval that you may have for such likeness of you or your dog, or use of your name or your dog’s name in connection with such likeness, and you grant us, our assigns and our permitted licensees permission to copyright, use and publish (including by electronic means to any social media site) such likeness or name, whether in whole or in part, in any form, without restriction, and for any purpose.
6.2 Force Majeure.
We shall be excused from the performance of any of our obligations under this Agreement so long as we are prevented by any Act of God, epidemic or pandemic, weather conditions, war or other national emergency, act of terrorism, any civil disturbance, labor disruption, unavailability of materials or transportation facilities, the orders or directives of any court or government agency, or any other circumstance beyond our control.
6.3 Entire Agreement.
The Agreement and all shop Rules, as revised from time to time, constitutes the entire and exclusive agreement between you and us, and supersedes all prior promises, representations, understandings and/or agreements relating to your membership and/or our provision of Services.
6.4 Modification.
Except as expressly stated herein, this Agreement cannot be altered, amended, modified, terminated, waived, released or discharged except in a writing signed by our authorized, and no change, modification or revision to this Agreement is binding unless agreed to in a writing by our authorized agent.
6.5 Non-Waiver.
Failure or delay by any party hereto to enforce any of the provisions of this Agreement or any rights with respect hereto, or the failure to exercise any option provided hereunder, will in no way be considered to be a waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement.
6.6 Cumulative Remedies.
Our rights and remedies under this Agreement are cumulative with and in addition to any other rights and remedies provided by applicable law.
6.7 Prevailing Party.
In the event of any dispute arising from breach of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses.
6.8 Headings.
Headings of sections or other parts of this Agreement are included herein for convenience of reference only and will not constitute a part of this Agreement or change the meaning of this Agreement.
6.9 Severability.
Except for the class action waiver, the validity or enforceability of any term or provision of this Agreement does not affect the validity or enforceability of any other term or provision hereunder, and if any term or provision of this Agreement is held to be to any extent invalid or otherwise unenforceable by any court of competent jurisdiction, such term or provision will be construed as if it were written so as to effectuate to the greatest possible extent the expressed intent of this Agreement, and the remainder of this Agreement will not be affected and will remain valid and enforceable in all respects.
6.10 Governing Law; Venue.
This Agreement shall be interpreted under the laws of the state in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the state in which you execute this Agreement.
6.11 Consent to Electronic Signatures.
By using Services or clicking any button to indicate your consent to these Terms, you accept and agree to be bound by the Agreement just as if you had agreed with your handwritten signature. When accepted in electronic form, the Agreement and all related documents shall be governed by the United States Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). By clicking
“SUBMIT,”
“ACCEPT,”
“PLACE MY ORDER,”
“CONFIRM PURCHASE,”
or such similar markings as may designate your acceptance and consent to the Agreement, you are voluntarily submitting a legally binding electronic signature and are entering into a legally binding contract with us.
Last Updated: January 1, 2022
By entering into this Agreement with Bowie Barker™, I accept and agree to the following:
I agree to the Bowie Barker Terms of Service and
I am eligible to receive Services and certify that my dog is healthy, has received all of its core vaccinations, and will not pose a risk to any other dog or human at the Bowie Barker™ shop location.
I am aware of the Bowie Barker™
“No Show”
and
“Late Cancel”
policies and will abide by them.