Terms & Conditions
By using any service at KYON Dog Daycare, the Client agrees to and accepts the following Terms and Conditions.
1. TERMINOLOGY
1.1 The following words have the meanings set out in these general terms and conditions unless the contrary intention appears:
(a) “Agreement” means this agreement between the Company and the Client and includes these general terms and conditions and any annexure to them.
(b) KYON Dog Daycare Inc., also referred to as “KYON”, is the company entering into this agreement and is located at 792 Eglinton Ave E, Toronto, ON M4G 2L1, Canada.
(c) “Client” means any party that enters into this Agreement with the Company by using their services.
(d) “Charges” means the fees and charges set by the Company as displayed on the company website.
(e) “Drop-off” means the time frame during which the Client delivers their dog to KYON.
(f) “Pick-up” means the time frame during which the Client collects their dog from KYON.
(g) “HST” stands for the Harmonized Sales Tax as the current taxable income rate in Ontario.
(h) “Parties” means the Company and the Client, and Party means either one of them (as the case may be).
(i) “Dog” means the dog owned by the Client and provided to the Company for the purposes of daycare and/or boarding;
2. SERVICE
2.1 KYON Dog Daycare provides dog daycare and boarding services from their premises located at 792 Eglinton Ave E, Toronto, ON M4G 2L1, Canada. Boarding services may also take place at the residence(s) of KYON Dog Daycare’s owners and/or staff with permission from the Client.
TYPES OF SERVICE:
(a) Half-day Care: daycare service for up to 6.5 hours.
(b) Full-day Care: daycare service for up to 11.5 hours. Includes the added option of a 1-hour walk and a discounted rate for a second dog owned by the same Client.
(c) Boarding: overnight boarding service for up to 24 hours. Includes the added option of a 1-hour walk and a discounted rate for a second dog owned by the same Client.
Fixed start and end times for each service are outlined in Section 5: Drop-off, Pick-up & Cancellations.
2.2 The Client has requested that KYON Dog Daycare provide dog daycare and/or boarding services to the Client’s dog on the terms and conditions set out in this Agreement.
2.3 All dogs must pass a general behaviour assessment in order to attend KYON Dog Daycare. KYON Dog Daycare reserves the right to refuse admittance to any dog or to dismiss any dog that does not meet any daycare standard(s) stated in this Agreement. The determination shall be made at the sole discretion of KYON staff.
3. CONDITION OF DOG
3.1 The Client is obligated to provide complete, truthful and accurate information about the Client’s dog and agrees to inform KYON Dog Daycare of any changes of information listed below and/or provided in the Assessment Information Form. KYON Dog Daycare will exercise reasonable judgment for all dog daycare and/or boarding services in respect to the Client’s dog based on the information provided by the Client. The content of the aforementioned information may be, but is not solely, limited to the following:
3.2 OWNERSHIP: The Client guarantees that they are the legal owner of the dog they enrolled for services at KYON Dog Daycare and that they are fully authorized to enter into this Agreement.
3.3 AGGRESSION: The Client confirms their dog is friendly to other dogs and humans and have thus far never bitten another dog or human or shown any type of aggression. The Client will inform KYON staff if their dog shows any sign of aggression outside of their time at daycare. KYON Dog Daycare may ask the Client to collect the dog prior to Pick-up if the dog is aggressive and unable to be managed by staff.
3.4 HEALTH: The Client agrees and acknowledges that their dog is healthy and will disclose all medical and behavioral matters associated with their dog to KYON Dog Daycare prior to Drop-off. The Client also agrees that their dog is able to share play areas within the daycare (unless they inform KYON staff otherwise) and can attend group walks (max 3 dogs).
(a) The Client ensures that their dog will at all times while attending KYON Dog Daycare, be up-to-date on its vaccinations including DHPP, rabies, and Bordetella vaccines, and must be up to date on its annual flea and heartworm treatment. KYON Dog Daycare reserves the right to request written proof of vaccination by the Client in relation to their dog.
(b) All dogs above 8 months of age must be spayed or neutered – limited exceptions may be made with prior approval by KYON Dog Daycare.
(i) Exceptions: In the case that the Client’s dog has been accepted to attend daycare at KYON without being spayed or neutered, the Client acknowledges and understands the risks of bringing said dog into a pack setting. In the case that the Client’s dog is spayed or neutered, the Client understands that their dog may be in contact with an unneutered dog and understands and accepts the risks associated with this. KYON Dog Daycare is not responsible for dogs humping, pregnancy, any aggressive behavior etc., and has the right to expel the Client’s dog from daycare should such behavior arise. The Client with an unneutered dog accepts all legal responsibility for all parties involved in any circumstance (not limited to those listed in the pervious sentence).
(c) KYON Dog Daycare does not accept dogs under 16 weeks of age.
(d) The Client agrees that they are not enrolling any dog in KYON Dog Daycare that has any condition that could potentially jeopardize the health of other dogs or people.
(e) The Client is responsible for ensuring the efficacy of any treatment that is given to the dog for worms, fleas and ticks. The Client agrees to check their dog regularly for ticks and fleas and to inform KYON if they are present. In the event of any fleas being present, the Client understands their dog will not be able to attend daycare until they are flea-free.
(f) The Client understands that even if their dog or any other dog at KYON Dog Daycare are required to be vaccinated, there is still a chance for a dog to be contracted with a contagious condition. The Client understands and acknowledges this risk and agrees that KYON Dog Daycare cannot be held responsible for any liability related to condition suffered by the Client’s dog during or after its stay, including, but not limited to Canine Influenza, COVID-19, Distemper, Upper Respiratory Infections, Tracheobronchitis (Kennel Cough), Giardia, Parvo or Leptospirosis.
(g) In the event that a dog becomes ill or injured at KYON Dog Daycare: KYON staff will contact the Client as soon as possible after becoming aware of the illness or injury. In the event that the Client cannot be contacted within a reasonable time, KYON staff reserves the right in its absolute discretion to seek veterinary care for the dog if deemed appropriate. All veterinary costs must be covered by the Client. The Client acknowledges that they trust the judgement of KYON staff, and that small scratches or imperfections are common following play at daycare and are not of concern.
3.5 The Client warrants that their dog will be delivered to KYON Dog Daycare at the time of Drop-off in a clean and tidy condition. KYON Dog Daycare ensures that they will return the dog at Pick-up in the same state of cleanliness in which it arrived.
4. PAYMENT
4.1 The Client agrees to pay KYON Dog Daycare in full for all scheduled services prior to or at Drop-off.
4.2 Accepted methods of payment are by credit card through the KYON Dog Daycare website (www.kyondogdaycare.com), in-person by any debit/credit card using KYON’s Point of Service (POS) device, via digital invoice sent to the Client by KYON, or by e-transfer to info@kyondogdaycare.com.
4.3 Electronic payments (through the KYON website and e-transfer) shall not be deemed paid until KYON Dog Daycare has received cleared funds in full.
4.4 Under rare and last-minute circumstances, KYON Dog Daycare may allow the Client to leave their dog at daycare prior to paying for the requested service. Under this circumstance, the Client is obliged to pay for the requested and fulfilled service in full upon Pick-up.
4.5 All prices are subject to change without direct notice to the Client and are effective immediately upon their addition to the KYON Dog Daycare website.
5. DROP-OFF, PICK-UP & CANCELLATIONS
5.1 The Client must deliver their dog to KYON Dog Daycare during the allocated Drop-off period for their scheduled service and retrieve their dog during the allocated Pick-up period.
(a) Morning Half-day: Drop off from 7-9am, Pick up from 12-1pm
(b) Afternoon Half-day: Drop off from 12-1pm, Pick up from 5-6:30pm
(c) Full-day Care: Drop off from 7-9am, Pick up from 5-6:30pm
(d) Boarding: Drop-off from 7-9am, 12-1pm or 5-6:30pm, Pick-up by the same time on the final day of care
5.2 Our After-Hours rate is applicable from 6:30-9pm and is charged at $8+tax per hour as follows: Pick-up from 6:30-7:30pm is $8+tax, 7:30-9pm is $16+tax. The amount owed shall be paid via debit/credit card, digital invoice, or e-transfer. If the Client knows that they will regularly require care outside of KYON’s hours of operation, they can book a longer day of care, night of boarding, or speak to a staff member before booking care in order to find a solution.
(a) Pick-up after 9pm is not possible, therefor, if the dog is left in KYON’s care past this time, the Client will be charged a night of Boarding and can Pick-up their dog the next day during one of the allocated Pick-up periods.
5.3 Appointments can be cancelled up to two (2) hours before their scheduled start time. Any appointment cancellation request after this 2-hour period will be liable for the full amount owed.
5.4 KYON Dog Daycare is not obliged to grant any refunds or exchanges on any services should the client choose to cancel their appointment at any time. Any refunds granted by KYON Dog Daycare are accorded to honour good client relationships and are not granted due to legal obligation.
6. DEFAULT AND INDEMNITY
6.1 If the Client fails to pay the full amount owed to KYON Dog Daycare for a service at the time of Drop-off (or Pick-up if agreed to) or fails to comply with their obligations under this Agreement:
(a) the balance of any money owing by the Client to KYON Dog Daycare shall immediately become due and payable by the Client;
(b) KYON Dog Daycare shall be entitled to charge interest on any money due and owing and payable by the Client at the rate allowed by law. KYON Dog Daycare’s right to charge interest under this clause does not affect any other rights or remedies it may have relating to any failure by the Client to pay any amount due to KYON under this Agreement; and
(c) KYON Dog Daycare may terminate this Agreement.
7. LIABILITY, DAMAGE AND INJURY
7.1 The Client understands that they are solely responsible for any harm caused by or caused to their dog while it is in the care of KYON and release KYON Dog Daycare of any liability arising from the dog’s attendance and participation at the daycare.
(a) The Client excludes any liability of KYON Dog Daycare for loss, damage, or expense including, but not limited to, any special, incidental, consequential (including loss of profits), multiple or punitive damages, that arise directly or indirectly in respect of the care of the Client’s dog or otherwise in connection with this Agreement.
(b) KYON Dog Daycare disclaims any liability for general, direct, indirect, consequential, special, or incidental damages of any kind in respect of or in any way connected with the care of the Client’s dog under this Agreement. KYON Dog Daycare is covered by full liability insurance.
7.2 Therefore, the Client indemnifies KYON Dog Daycare, its employees, agents and subcontractors against:
(a) all damages, losses, expenses, suits and costs for any claims including any claim by any third party for loss or damage to any property, injury or death of any person or dog, or economic loss arising out of or relating to the behaviour or conduct of the Client’s dog in connection with this Agreement; and
(b) all reasonable costs and disbursements which KYON Dog Daycare may incur in recovering any sums due to be paid by the Client, including but not limited to any debt recovery, agency fees, court fees or legal fees; and
(c) all claims, suits and costs associated in any way to the loss, injury or death of the Client’s dog; and
(d) all claims, suits and costs associated in any way by the conduct of their respective dog which result in the damage to the property of KYON or the property of third parties; and
(e) all claims, suits and costs brought about by the conduct of their respective dog which result in injury to the staff of KYON or to third parties.
7.3 All belongings left with the dog during the Drop-off are done so at the Client’s risk and the Client acknowledges that the belongings may be returned dirty/torn or wet, or may not be returned in their original state. KYON Dog Daycare will not be held responsible for loss or damage to any belongings, personal items or toys left with the Client’s dog.
8. GOVERNING LAW AND JURISDICTION
8.1 The provincial laws of Ontario and federal laws of Canada govern this Agreement, and the Parties submit to the exclusive jurisdiction of the courts of Canada.
9. SEVERABILITY
9.1 If anything in this Agreement is unenforceable, illegal, or void, then it is severed and the rest of this Agreement remains in force.
10. WAIVER
10.1 A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
10.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
10.3 A waiver is not effective unless it is in writing.
10.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
10.5 The Client waives the right to all photographic images or digital recordings taken of the facility, dogs, clients and staff, together with their prints and their copyrights. The Client accepts that these images are the property of KYON Dog Daycare. The Client authorises KYON Dog Daycare to reproduce/alter the images, in print or electronic format, without compensation to the Client. The Client waives the right to approve the finished image.
11. ENTIRE UNDERSTANDING
11.1 The Parties agree that this Agreement:
(a) contains the entire agreement and understanding between the Parties on everything connected with the services of KYON Dog Daycare and the Agreement itself; and
(b) supersedes any prior agreement or understanding on anything connected with that subject matter.
11.2 Each Party has entered into this Agreement without relying on any representation by any other Party or any person purporting to represent that Party.
Updated © KYON Dog Daycare