TERMS AND CONDITIONS

Terms and Conditions for Paw Community Dog Park, Dog Wash, and Food Truck Cafe

  1. Introduction

Welcome to Paw Community LLC.  These Terms and Conditions (“Terms”) govern your use of our services, including, but not limited to, the Dog Park, Dog Wash, and Food Truck Cafe (collectively, “Services”).  By accessing or using our Services, you agree to become a Member and to adhere to these Terms.  To be sure, reference herein to a Member includes those who purchase a “Day-Pass” Membership.  In this Terms, we may be referred to herein as “Company,” “we,” “our,” or “us.”  You may be referred to herein as “y’all,” “members,” “users,” “invitees,” and “family members.”  We and You may be referred to individually as a “Party” or together as “Parties.” 

Your use of our services implies acceptance of these Terms. If you do not agree with any part of these Terms, you shall refrain from using our Services. 

  1. Membership and Services: These services are intended for People’s best friend only. Absolutely no other pets or non-canine animals are permitted on the premises of the Dog Park or the Dog Wash. 

2.1 Dog Park Membership – Regular or Day-Pass: 

  • Eligibility for Humans: Membership is open to individuals aged 18 and over.
  • Eligibility for Canines:  Dogs must be current on all veterinary-recommended vaccinations and non-aggressive.  All dogs must be spayed or neutered.  No animals may be brought in which are in heat. 
  • Dangerous Animals Prohibited: Waco, Texas Code of Ordinance.  2013-478.  Sec. 5-151 et seq.
  • Application Process: Prospective members must complete an application form and provide proof of their dog’s vaccinations.
  • Membership Fees: Fees are payable monthly and must be settled in advance.
  • Cancellation:
    • Membership can be cancelled after one month from the date of sign-up.
    • Cancellations must be made in person at our office during regular business hours.
  • Benefits and Usage:
    • Members are entitled to unlimited access to the dog park during operational hours.
  • Conduct:
    • Members must adhere to all park rules and regulations, including leash laws, no smoking, and waste disposal requirements.
    • Members must ensure their dogs are under control at all times and not aggressive toward other dogs or people.
    • Members must exhibit responsible behaviour and ensure their dogs do not cause harm or nuisance to others.
    • Any misconduct may result in the termination of membership without a refund.
    • Report any damages immediately.
    • All children in attendance must be supervised at all times.
    • Your membership may be suspended and/or terminated, without refund, if, in our sole discretion, you engage in conduct or behavior that we deem in inappropriate, unreasonable, threatening, harassing, or indecent, in our sole opinion.
  • Express Consent: 
    • Your consent as the owner, harborer, or person having care, custody, or control of the dog to comply with all terms and conditions herein.
    • You and your dog assume the risk of any injury, damage, and liability caused by any dog to you, your invitee, another Member, Us, or other third party.
  • Children’s Conduct: Children must be supervised at all times. Climbing on equipment or playing with other customers’ dogs is strictly prohibited to ensure safety.
  • Prohibited Items: No glass containers, outside alcohol, or smoking is allowed in the dog park.
  • Respect: Members and users must treat staff and other members with respect.
  • Safety: Any behavior that the Company in its discretion believes or perceives to be a risk or threatens the safety or well-being of others may result in immediate termination of membership or access to the Services.
  • Compliance: Members and users must comply with all posted rules and regulations both online and onsite, including those related to hygiene, noise levels, and respectful interaction with others.

2.2 Dog Wash Membership

  • Eligibility for Canines:  Only dogs are permitted to be washed.
  • Commitment: Membership requires a minimum commitment of three months which are nonrefundable. Following the three months membership is on a month-to-month basis.
  • Application Process: Similar to the Dog Park Membership, an application must be completed.
  • Membership Fees: Fees are payable monthly and must be settled in advance.
  • Usage:
    • Based on membership plan Members can enjoy either two (Scrappy Doo) or five (Scooby Doo) 45-minute self-service dog washes monthly.
    • Additional Time: Members are subject to a $10 additional charge for every 15 minutes beyond the allotted 45 minutes.
    • This includes access to grooming tools such as combs, brushes, and nail clips, as well as specialty shampoos, colognes, dental wipes, and ear care products.
  • Renewal: Membership will automatically renew unless canceled in accordance with the cancellation policy.
  • Cancellation:
    • Cancellations must be made in person at our office during regular business hours.
    • Cancellations of scheduled services with less than 48 hours notice are subject to a $7.50 fee.
  • Conduct:
    • Dogs must be supervised by their owners at all times during the wash.
    • Owners must use the provided washing equipment and products responsibly.
    • Adhere to wash session time limit to accommodate all users.
    • Report any damages immediately.
    • All children in attendance must be supervised at all times.
    • Your membership may be suspended and/or terminated, without refund,  if, in our sole discretion, you engage in conduct or behavior that we deem in inappropriate, unreasonable, threatening, harassing, or indecent, in our sole opinion.

2.3 Non-Member/Day-Pass Dog Wash Services

  • Self-Service and Full-Service Options: Both options include shampoo, towels, and dryer usage.
  • Pricing: Services are charged per session, with additional fees for premium products or extended use.
  • Cancellation Policy:
    • Cancellation of appointments are subject to a 50% non-refundable fee.
    • Refunds for the remaining amount are issued only if the cancellation is made at least 48 hours prior to the scheduled service.
  • Refunds: Refunds are processed by cash or check and are subject to the applicable cancellation policies.
  • Conduct:
    • Users must adhere to all posted rules and regulations both online and onsite.
    • Any misuse of equipment or facilities may result in additional charges or refusal of service.
    • Your membership may be suspended and/or terminated if, in our sole discretion, you engage in conduct or behavior that we deem in inappropriate, unreasonable, threatening, harassing, or indecent, in our sole opinion.

2.4 Additional Services

  • Additional Services and Products:  Additional add-ons for enhanced care are available at an extra cost, including premium shampoos, conditioner treatments, nail trimming services, and more.
  • Reservations: Some services may require advance booking. Availability is subject to demand.
  1. Special Events
  • Booking: Members may book the facilities for special events, subject to availability and additional fees.
  • Conduct: Events must be conducted in a manner that does not disturb other users or damage the facilities.
  • Insurance: Event organizers may be required to obtain additional insurance coverage.
  1. Parking
  • Availability: Parking is available for members and users on a first-come, first-served basis.
  • Regulations: Users must adhere to all posted parking regulations and may not leave vehicles overnight without prior permission.
  1. Pets
  • Responsibility: Pet owners are responsible for their pets at all times.
  • Behavior: Aggressive or disruptive pets will not be permitted to use the facilities.
  • Health: All pets must be vaccinated and free from contagious diseases.
  1. Feedback and Complaints
  • Feedback: Members and users are encouraged to provide feedback to help improve our Services.
  • Complaints: Complaints should be directed to management in writing. All complaints will be addressed promptly and fairly. Complaints should be addressed to Paw Community using the contact information at the bottom of this Terms.
  1. Health and Safety
  • Hygiene: Users must maintain proper hygiene and cleanliness when using the facilities.
  • Emergencies: In the event of an emergency, users must follow the instructions of staff and emergency personnel.
  • First Aid: Basic first aid supplies are available on site. Users are responsible for their own health and safety while using the Services.
  1. No Denigration

Neither Party shall make nor publish, directly or indirectly, any statement that is injurious or harmful to the reputation of the other, or to its officers, directors, employees, or agents.  Notwithstanding, this prohibition does not apply where required to comply with government inquiries, reporting, and court orders.

  1. Amendments

The Company reserves the right to amend these Terms at any time. Please regularly check our Terms and Conditions for updates and revisions.  Any amendments will be posted on our website, and continued use of the Services will constitute acceptance of the amended Terms. Users are encouraged to review the Terms regularly.

  1. Severability

If any provision of this Agreement is found to be unenforceable or invalid by an arbitrator, the remaining provisions shall continue to be valid and enforceable.  Further, the arbitrator shall reform and modify the term to the fullest extent practical to make the term enforceable and valid and to reflect Our intent stated herein.

  1. Assumption of Risks, Indemnity, and Limitation on Liability

ASSUMPTION OF RISKS:  I understand, acknowledge, and agree that there are numerous inherent risks involved with canine activities, whether preparing for, entering, attending, participating in, or leaving the Dog Park or Dog Wash.  The inherent risks include those dangers and conditions which are an integral part of canine activities, including, but not limited to the propensity of a canine to behave in unexpected ways that may result in injury, harm, or death to persons on or around them. 

INDEMNITY. To the fullest extent permitted under applicable law, YOU agree to protect defend, indemnify, and hold harmless US, OUR Company, and Company’s affiliates, subsidiaries, joint ventures, co-owners, contractors, successors and assigns, and EACH OF their Individual OWNERS, directors, officers, employees, agents, and insurers (collectively, the “Company Group”) from and against any and all claims made, WHATSOEVER, asserted or commenced by any persons or entities other than the parties (“Third-Party Claims”) for losses arising or resulting from YOU, YOUR INVITEES, AND ANIMAL.  FURTHER, YOU ACKN AND AGREE THAT THE OBLIGATION TO PROTECT. DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, PURSUANT TO THIS SECTION APPLIES TO ANY AND ALL THIRD-PARTY CLAIMS RELATING TO, ARISING OUT OF, OR RESULTING FROM ANY OF THE MATTERS DESCRIBED IN THIS TERMS, WHETHER ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY (EXPRESS OR IMPLIED). BREACH OF CONTRACT. STRICT LIABILITY, THE NEGLIGENCE OR FAULT OF ANY PERSON, PARTIES. OR ENTITIES, AND/OR ANY CAUSE WHATSOEVER, AND IRRESPECTIVE OF ANY PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT OR WHETHER ANY MEMBER OF THE COMPANY GROUP MAY BE ALLEGED OR PROVEN TO HAVE BEEN NEGLIGENT (WHETHER SUCH NEGLIGENCE BE ACTIVE. PASSIVE. SOLE, JOINT, CONCURRENT. COMPARATIVE, CONTRIBUTING OR GROSS, OR OTHERWISE LEGALLY LIABLE (WITH OR WITHOUT FAULT OR WHETHER STRICTLY LIABLE OR IN BREACH OF ANY WARRANTY). 

LIMITATION ON LIABILITY:  NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, LIABILITY OF THE COMPANY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). 

  1. Entire Agreement of Terms

These Terms constitute the entire agreement between the Parties regarding the use of the Services. No prior agreements or understandings, whether written or oral, may modify or alter the Terms. We reserve the right to change the Terms without notice to you.  You should periodically check our website’s Terms and Conditions for any updates.

  1. Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when delivered in person, email or deposited in the United States mail, postage prepaid, addressed to the parties at the addresses provided in these Terms or as updated by the parties in writing. Notices should be addressed to Paw Community using the contact information at the bottom of these Terms. NOTWITHSTANDING CANCELLATIONS MUST BE MADE IN PERSON AT OUR OFFICE DURING REGULAR BUSINESS HOURS.

  1. Confidentiality

Please refer to our privacy policy for how we handle personally identifying information.

  1. Intellectual Property
  • Ownership: All content, trademarks, logos, and other intellectual property associated with the Company and its Services are the property of the Company. Unauthorized use is strictly prohibited.
  • License: Members and users are granted a limited, non-exclusive license to use the Services for personal, non-commercial purposes.
  1. Governing Law

These Terms are governed by the laws of State of Texas, without regard to its conflict of laws principles. Venue for any actions shall be in McLennan County Texas.

  1. Dispute Resolution
  • Email Us Your Concern:  Please use our email at the end of the Terms to convey to us any concern that you have regarding our Services. 
  • Mediation: Any disputes arising from these Terms shall first be attempted to be resolved through mediation at the McLennan County dispute resolution center.
  • Arbitration: If mediation fails to resolve all disputes, Parties agree that any and all disputes, claims or controversies arising out of or relating to this Terms, including the execution, performance, and termination hereof, that arc not resolved by their mutual agreement shall be resolved by final and binding arbitration as the exclusive remedy.
  1. Assignment
  • Membership and services are non-assignable by the users. Users may not assign the rights or benefits of this memberships to familial relations or others. 
    1. Waivers

 

The failure of a Party to enforce any term or obligation in this Agreement shall not be deemed a waiver of future enforcement.

  1. Marketing and Communications
  • Consent: By using our Services, members and users consent to receiving marketing and promotional materials from the Company.
  • Opt-Out: Users can opt-out of receiving marketing communications by notifying the Company in writing.

Paw Community LLC, a Texas limited liability company, 515 New Dallas Hwy Waco, Texas 76705. wecare@mypawcommunity.com.