Terms of Service
These Terms of Service (“Terms”) govern your use of all services provided by Colby’s Dogcare & Spa, LLC (“Colby’s”), which provides the dog-walking and other dog-care services referred to in these Terms and at our web site (the “Services”). “You” refers to you as a user of any of the Services.
1. Acceptance of these Terms
By agreeing to these Terms or using our Services (including without an account), you accept all of the terms (including the dispute resolution and arbitration provisions below).
2. Changes to these Terms
Colby’s may, in its sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will give you notice by email at your address on file with us. Your continued use of the Services will constitute your acceptance of the amended Terms.
3. Payment Terms for Pet Owners
Fees to Colby’s for Services are payable by credit or debit card. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, Colby’s decision to terminate your usage, any disruption of the Services, or any other reason whatsoever, unless otherwise determined by Colby’s.
You and Colby’s transact with each other when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of pet care services via the booking mechanism provided on the Colby’s web site. The fees owed to Colby’s are not inclusive of tip or gratuity.
In addition to the above fees, you may incur ancillary charges in connection with Services (“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2) service, booking, or platform usage fee, (4) surcharges, (5) convenience fee, and (6) other fees. A description of our Charges is available at our web site.
4. Pet Owner Obligations
You hereby represent, covenant, and warrant to Colby’s that: (1) the pet(s) that you request pet care services for are your own; (2) you will have your pets fully vaccinated and up-to-date on all forms of preventative medicine prior to receiving services from a Walker; (3) your pets are free from fleas, ticks, and other pests; (4) you have divulged any material information about your pets, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Walker’s ability to provide the Services; (5) you will comply with all laws and ordinances applicable to your activities conducted through the Services, including ensuring your pet is licensed as required by local law; and (6) the pet(s) for which you are seeking services are not dangerous or otherwise likely to injure others. If you elect to use the Services, you agree to provide accurate information about yourself and your pet and keep this information up-to-date, including any material information or medical data of your pet.
You are fully responsible for the actions of your pet(s). You understand, acknowledge and agree that, as between you and Colby’s, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, the behavior of your pet(s), including without limitation, claims by third parties (including Walkers) for damage, loss, or injuries resulting from bites or attacks on such third parties by your pet(s). Incidents, injury, damage, or loss caused by your pet may be governed by applicable state liability laws. Colby’s will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation. If you elect to use Colby’s Services, you shall carry applicable liability insurance sufficient for the pet care services you request, the risks associated with such services, and as mandated by law. Be sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing Colby’s Services.
You may purchase or request a lockbox to store a key for entrance to your home or apartment for use in connection with the Services. You understand, acknowledge and agree that we are not liable for any loss, claims, or damages you may suffer as a result of your use of the lockbox, including situations where the lockbox may be illegally accessed by a third party.
Colby’s has the sole and absolute discretion to reject or refuse any pet care services that you may request, including if they violate any law or regulation, are dangerous or unsafe, or otherwise violate these Terms. In addition, we only offer on-leash services. Please note that for safety reasons, puppies that are six (6) months or younger may be restricted from certain types of services offered by Colby’s or be subject to limited service offerings tailored specifically to young pets.
If you fail to retrieve their pet within three (3) days after the service period (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Colby’s may, in its sole discretion, place the pet in foster care and/or notify animal control authorities. You will reimburse Colby’s for all costs and expenses associated with such actions. Furthermore, Colby’s expressly reserves the right, in its sole discretion, to remove your pet from our care should Colby’s deem it necessary for the safety of a pet, our Walkers, any third parties, or Colby’s. Prior to removing a pet from our care, Colby’s will use reasonable efforts during its normal business hours to contact you or – if we cannot reach you – your Trusted Friend to arrange alternative care. Should Colby’s not be able to contact you or your Trusted Friend, Colby’s will use its judgment to find alternative care for the pet until you are able to retrieve your pet. You authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Colby’s in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Colby’s in connection with such transfer.
If your Walker or Colby’s reaches you with a request to authorize medical care for your pet and you refuse, you waive, release, and promise never to assert any claims or causes of action arising from failure to seek such care, whether or not known at the time of such refusal, against Colby’s or its predecessors, successors, past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns, or the applicable Walker with respect to any matter, including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract, or breach of the covenant of good faith and fair dealing. In the unlikely case that your pet needs immediate medical attention or veterinary care, you hereby authorize Colby’s to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself. Pet Owners are solely responsible for the costs of any such medical treatment for your pets and you hereby authorize Colby’s to charge any of your payment methods for such costs.
You acknowledge that Colby’s is in the business of connecting you and the highest quality Walkers, and that said business is how Colby’s earns its income. As a result, if you solicit a Walker to provide off-platform pet care services whom you first met and/or learned about through Colby’s business activities, Colby’s is entitled to charge both you a referral fee. This referral fee will be $1,000. You will first be notified in writing of your obligation to pay the referral fee. Thereafter, you authorize Colby’s to charge any of your payment methods for the referral fee.
5. Suspension and Termination
We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate your Services at any time, in our sole discretion, for any reason (or no reason at all). If your conduct is inappropriate or unsafe or you violate any of these Terms, your permission to use the Services automatically terminates.
6. Disclaimer and Limitations on Our Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLBY’S BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.
We highly recommend that you always seek the advice of your veterinarian or other qualified provider with any questions that you may have regarding your pet’s medical condition, and that you do not disregard their advice (or delay seeking their advice).
7. Arbitration Agreement & Waiver of Certain Rights
For purposes of this Section 7 (“Arbitration Agreement”), references to “Colby’s” include our affiliates.
- Applicability. You and Colby’s agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms, your relationship with Colby’s, or your receipt of any communications from Colby’s will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court to the extent your claims qualify, remain in such court, and advance solely on an individual basis. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods, services, or content made available through the Services, your relationship with Colby’s, the threatened or actual suspension, deactivation, or termination of your account with, or Services from, Colby’s, payments made by you or any payments made or allegedly owed to you, any communications you receive from Colby’s, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Colby’s Dogcare & Spa, 200 K Street NE, Washington, DC 20002, with a copy to info@ColbysDogcare.com. The arbitration will be conducted in accordance with the The International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration in effect at the commencement of the arbitration, except as such rules may be modified by mutual agreement of the parties. The arbitration shall be conducted by a single arbitrator selected by the parties. If such parties have not agreed upon the arbitrator within thirty (30) days after the filing of the request for arbitration, then either party may request CPR to appoint the arbitrator. The arbitral award shall be in writing, state the reasons for the award, and be final and binding on the parties. Each party to the arbitration shall bear its own costs and expenses of arbitration; provided that the fees and expenses of the arbitrator shall be paid equally by the parties to the arbitration unless reallocated by the arbitrator. Judgment upon the award may be entered by any court having jurisdiction over the award or over the relevant party or its assets. The arbitrator — not a court — shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, and/or any other concurrent agreement, to any particular claim or dispute. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Colby’s.
- Waiver of Jury Trial. YOU AND COLBY’S HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY.
- Right to Opt Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by e-mailing a written notice of your decision to opt out to: info@ColbysDogcare.com, within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your Colby’s username (if any), the email address you used to set up your Colby’s account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Colby’s.
- Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Colby’s.
8. Other Provisions
Under no circumstances will Colby’s be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the District of Columbia, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in Washington, D.C. You and Colby’s consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future.
We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms without the prior written consent of Colby’s and any purported assignment in violation of this provision shall be null and void.