Common use of DUTY TO DISCLOSE Clause in Contracts

DUTY TO DISCLOSE. You are obliged to ensure that the Insurer is provided with full and accurate material facts about your risk, now and throughout the lifetime of your policy. A material fact is anything that may influence an Insurers judgement in their assessment of your policy, and should include all incidents/losses that you have dealt with yourself without involving an Insurer. A material fact could include changes to your business activity, criminal convictions or any financial issues such a potential bankruptcies or CCJ’s. If you are unsure as to whether a fact is material, we recommend that it be disclosed. Failure to disclose may entitle the Insurers to refuse to pay part or all of any subsequent claims. Misrepresentations Act (Consumers only) You are respectfully reminded of your duty to take reasonable care not to make a misrepresentation in any information that is provided by you to insurers and to answer all questions asked by insurers honestly. Under the Consumer Insurance (Disclosure and Representations) Xxx 0000, a misrepresentation may amount to a failure to comply with a request from an insurer for confirmation, or amendment, of details previously provided by you. Please be aware that the duty to take care not to make a misrepresentation exists not just prior to any placement being effected but also at any subsequent renewal and any variation of the contract terms during the period of insurance. In the event of a deliberate or reckless misrepresentation, insurers may avoid the contract. Under the Consumer Insurer (Disclosure and Representations) Xxx 0000, a deliberate or reckless misrepresentation is a misrepresentation where you know it to be untrue or misleading (or do not care either way) and that you know (or do not care) that the matter to which it relates is relevant to insurers. Insurers may also avoid the contract where a careless misrepresentation has been made. A careless misrepresentation is a misrepresentation that is neither deliberate nor reckless. In such instances, if insurers would not have entered into the contract had the careless misrepresentation not been made, then insurers may be entitled to avoid the contract. However, if insurers would have imposed different terms had the careless misrepresentation not been made, then insurers may be entitled to treat the contract as if those terms applied.

DUTY TO DISCLOSE. You are obliged By signing this contract and leaving pet with DDI, customer certifies to ensure that the Insurer is provided with full accuracy of all information given about said pet. Customer also agrees to disclose any and accurate material facts about your risk, now and throughout the lifetime of your policy. A material fact is anything all medical or other conditions that may influence an Insurers judgement limit or prevent pet from participating in services. CANCELLATION POLICY – Customer understands that boarding reservations must be cancelled with a 24-hour notice in order to avoid a No Show, No Call fee equivalent to ONE NIGHT of boarding for that reservation. BOARDING PRE-BAG POLICY – Customer understands that they must provide pre-bagged meals for their assessment dogs; per meal/per day (breakfast in one ziplock bag & dinner in another ziplock bag). Canned/wet food does not need to be pre-bagged. Pets boarding 14+ days do not need to pre-bag meals. Customers who do not pre-bag will incur a $2/day fee. Pets boarding and not providing their own food, resulting in DDI providing their pets meals, will incur a $5/meal fee. ABANDONED DOGS – Customers understand that dogs may not be abandoned at DDI and in the event that a pet is not picked up at designated date and sufficient contact information is not provided as to instruction, notification, or plans to pick up pet, pet will be considered abandoned after 7 days beyond the original departure date. Customer understands that DDI will become the legal guardian of your policyabandoned pet and determination will be made to rehome pet. Customer fully understands and agrees that in the event that they abandon their pet at DDI, that they will not be able to retrieve possession of pet and have no recourse against DDI. AGGRESSIVE DOGS – Customer is aware that no aggressive dogs are allowed to participate in any service offered by DDI and in the event that pets exhibit aggressive behavior, pets will be separated from play group. DDI staff will make a reasonable effort to work with Customers to address these unacceptable behaviors, however aggressive dogs may be asked not to return to DDI and such decisions are at the discretion of DDI ILLNESS – Customer is aware that there are certain health issues that can arise during and after boarding and daycare including but not limited to diarrhea, excessive salivation, raw pads, weight loss, and should include hoarseness from barking. Some dogs may refuse water which can lead to dehydration. DDI monitors all incidents/losses dogs and addresses situations to the best of our ability. It is the customer’s responsibility to notify DDI staff of any required medication and understand there is a daily fee for the administration of required medication. KENNEL COUGH – Customer is aware that you have dealt with yourself without involving an Insurer. A material fact could include changes to your business activity, criminal convictions by leaving pets at DDI or any financial issues such other pet facility, there is a risk of contracting kennel cough, viruses, illness or injuries. Although all pets are required to be vaccinated, no vaccine is 100% guaranteed. There are some strains of kennel cough not covered by the Bordetella vaccine, I understand I will be responsible for any and all medical bills incurred by my pet for illnesses or injuries during or after their stay. MARKETING RELEASE – Customer agrees to allow DDI, its owners, employees, director, and agents to allow their pets names and any images or likeness of their pets while at DDI or at any DDI event for use at any time in any media, marketing, advertising, illustration, trade or promotional materials. BOARDING VS DAYCARE – Daycare drop offs are between the hours of 7am and 12pm with pick up no later than 6pm the same day Monday thru Saturday. Boarding drop offs are before noon with pick up the following day before noon EXCEPT on Saturdays. Saturday drop off is before noon with pick up on Sunday between 4pm-6pm requiring an additional charge of $25 for Sunday daycare service. Any dog being boarded NOT picked up by noon the next day will be charged an additional daycare fee of $25. I, my heirs, and any other assigns, hereby release DDI, its agents, officers, subcontractors, employees, animal owners, customers, and potential bankruptcies customers of DDI from any and all liabilities for injuries to myself, my pet, or CCJ’sany other property of mine which arise in any way out of services and or products provided by or as a consequence of my association with DDI. If you I acknowledge and understand that every pet reacts differently while boarding and animals, by nature, are unsure as unpredictable. Pets and animals may, without warning, bite or cause injuries to whether humans and other pets. I acknowledge and understand that there are certain risks involved in leaving my pet in a fact is materialcage free environment, we recommend that it be disclosedincluding but not limited to dog fights, dog bites to humans and other pets and the transmission of disease. Failure to disclose may entitle the Insurers to refuse With my signature below, I acknowledge and accept exclusive and sole responsibility and agree to pay part or all for my pets’ medical expenses no matter what that cause. I also authorize the release of any subsequent claimssaid pet(s) medical record from my veterinarian. Misrepresentations Act (Consumers only) You are respectfully reminded I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS SERVICE AGREEMENT AND UNDERSTAND THAT I FULLY RELEASE AND HOLD HARMLESS DOG DAYZ INN FROM ANY CLAIMS, LITIGATION, ACTIONS, SUITS, DAMAGES, COSTS, ATTORNEY FEES, LOSSES OR INJURIES AS A RESULT OF SUCH CLAIM. I ACKNOWLEDGE DAYCARE PARTICIPATION RISKS AND ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH MY PETS PARTICIPATION IN ANY AND ALL SERVICES. THIS AGREEMENT COVERS THE CURRENT RELATIONSHIP BETWEEN DOG DAYZ INN AND CUSTOMER. EACH TIME CUSTOMER BRINGS THEIR DOG TO DDI, CUSTOMER AFFIRMS THE TERMS OF THE AGREEMENT AND THE TRUTHFULNESS AND ACCURACY OF ALL STATEMENTS CUSTOMER MAKES IN THIS AGREEMENT. _________________________________________________ Signature of your duty to take reasonable care not to make a misrepresentation in any information that is provided by you to insurers and to answer all questions asked by insurers honestly. Under the Consumer Insurance (Disclosure and Representations) Xxx 0000, a misrepresentation may amount to a failure to comply with a request from an insurer for confirmation, or amendment, of details previously provided by you. Please be aware that the duty to take care not to make a misrepresentation exists not just prior to any placement being effected but also at any subsequent renewal and any variation of the contract terms during the period of insurance. In the event of a deliberate or reckless misrepresentation, insurers may avoid the contract. Under the Consumer Insurer (Disclosure and Representations) Xxx 0000, a deliberate or reckless misrepresentation is a misrepresentation where you know it to be untrue or misleading (or do not care either way) and that you know (or do not care) that the matter to which it relates is relevant to insurers. Insurers may also avoid the contract where a careless misrepresentation has been made. A careless misrepresentation is a misrepresentation that is neither deliberate nor reckless. In such instances, if insurers would not have entered into the contract had the careless misrepresentation not been made, then insurers may be entitled to avoid the contract. However, if insurers would have imposed different terms had the careless misrepresentation not been made, then insurers may be entitled to treat the contract as if those terms applied.Pet Owner/Customer _________________________________________________