Yardstick x Parent Service Agreement
Our Service Agreement was last updated on January 5, 2025.
This is an Agreement between Yardstick Opco, Inc. (hereinafter referred to as “Yardstick”) and the dog(s) owner(s)/parent(s) whose signature appears below (referred to as “Parent”).
Parent certifies the accuracy of all information about the Parent’s dog(s) provided to Yardstick in either (i) the pre-registration form or (ii) communicated directly to Yardstick via phone, SMS or electronic mail.
Parent represents to Yardstick that Parent is over 18 years of age; that all information provided about the Parent is accurate; and that all credit card information provided is accurate.
Parent acknowledges and agrees to Yardstick’s Nighttime and Daytime requirements, (which include, but are not limited to, vaccination, minimum age, spay/neuter and temperament evaluation requirements), which can be found on Yardstick’s website, as well as its Cancellation Policy in effect as of the time of reservation. Yardstick reserves the right to adjust its Nighttime and Daytime requirements and Cancellation Policy without prior notice to Parent.
Parent authorizes Yardstick (including any affiliate thereof) to obtain medical and vaccination records for the dog(s) from their respective veterinarian in the event records are not current. Parent further authorizes said veterinarian to provide these records to Yardstick (or to any affiliate thereof).
Parent agrees not to bring dog(s) to Yardstick if dog(s) exhibit any signs of illness, such as: vomiting, diarrhea, coughing, extreme fatigue, open wounds or lesions, etc. without first obtaining approval from Yardstick.
Yardstick shall exercise reasonable care for Parent’s dog(s) while it/ they is/are in Yardstick’s custody. The Parent recognizes the potential risks (such as illness and/or injury) involved with Daytime, Nighttime and Bathtime services.
Parent gives Yardstick consent to act in the Parent’s behalf to obtain veterinarian services if Parent’s dog(s) become(s) ill or require(s) the attention of a veterinarian. The Parent agrees that Yardstick, in its sole discretion, may engage veterinarian services, administer medicine, or give other requisite attention to the dog(s); and that all expenses incurred shall be paid by the Parent.
Yardstick screens dogs for aggressive behavior prior to arrival and reserves the right to remove the dog(s) from small group daycare if Yardstick believes it necessary to ensure the safety of the Parent’s dog(s), other dogs or its employees.
Without limiting the rights of Yardstick in paragraph 8 above, in the event of aggressive behavior, Yardstick may, at its sole discretion, determine dog(s) is/are unfit to continue receiving Nighttime, Daytime and/or Bathtime services, at which time Parent or its designated emergency contact will be notified and asked to pick-up dog(s). No refund for service, in part or in full, shall be issued by Yardstick to Parent in such event.
Parent assumes any and all liability and expenses for injuries inflicted upon any human or other dog(s) by Parent’s dog(s) while at Yardstick’s facility.
Parent agrees to pay all charges incurred for: special services requested, veterinary costs as stated above, and failure to comply with Yardstick’s Cancellation Policy.
Yardstick shall have the right to refuse to release Parent’s dog(s) until Parent has paid all charges due to Yardstick.
Yardstick has the right to take photographs and/or videos of Parent’s dog(s) while in Yardstick’s care. Yardstick may post or reproduce any and all photographs/videos taken (as well as dog(s) name) on or in, without limitation, Yardstick’s website, social media sites or promotional materials without becoming liable to the Parent (or the Parent’s dog(s)) for any royalty payment. Parent hereby releases, covenants not to sue, and forever discharges Yardstick of and from any and all claims, demands, rights, and causes of action of whatever kind or nature arising out of the reproduction or use of any such photographs and videos.
Dog Parent understands that Yardstick’s liability, of any circumstance related to dog(s), will not exceed the current chattel value of dog(s) of the same breed as the one(s) in our care.
Parent releases, indemnifies, defends and holds Yardstick, its affiliates, and each of their directors, managers, officers, employees and representatives harmless from and against any and all manner of damages, claims, losses, liabilities, costs or expenses, causes of action or suits, whatsoever in law or equity (including, without limitation, attorney’s fees and related costs) arising out of or related to the services provided by Yardstick, except which may arise from the sole gross negligence or intentional and willful misconduct of Yardstick, including, without limitation:
(i) Any inaccuracy in any statement made by Parent or information provided by Parent to Yardstick;
(ii) Any injuries inflicted upon any human, dog or property by Parent’s dog(s), including but not limited to destruction of property, dog bites and transmission of disease;
(iii) All costs and expenses incurred by Yardstick in connection with engaging veterinarian services, administering medicine or providing other requisite attention to the dog(s) pursuant to paragraph 7 above; and
(iv)Any action by Parent which is in breach of the terms and conditions of this Agreement.
This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. In no event may Parent may assign this Agreement to any individual or entity without the prior written consent of Yardstick. Yardstick shall have the right to assign this Agreement to an affiliate or a third-party in its sole discretion.
This Agreement contains the entire agreement between the parties and shall be binding on the heirs, administrators, personal representatives and assigns of the Parent and Yardstick.
Governing Law
For Parents utilizing Yardstick services in the state of Tennessee: this Agreement will be interpreted and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Agreement will be governed by the laws of the State of Tennessee without regard to the conflicts of law rules thereof.
For Parents utilizing Yardstick services in the state of Texas: this Agreement will be interpreted and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Agreement will be governed by the laws of the State of Texas without regard to the conflicts of law rules thereof.
Any controversy or claim relating to this Agreement shall be exclusively settled by arbitration in accordance with the rules of the American Arbitration Association. For Parents utilizing Yardstick services in the state of Tennessee, place of arbitration shall be Nashville, Tennessee. For Parents utilizing Yardstick services in the state of Texas, place of arbitration shall be Dallas, Texas. Judgment upon the award rendered by an arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall, as part of his/her award, determine an award to the prevailing party of the costs of such arbitration and reasonable attorney’s fees of the prevailing party.