Terms and Conditions

1. ESTIMATE OF FEES; EXCLUDED ITEMS:

Any estimate of Jet Pets’ fees are not intended to be final quotes and will not be binding on either party hereof. Any such estimates will exclude any additional fees or costs resulting from (a) delays, whether caused by an Air Carrier or any other reason, (b) incorrect documentation, (c) animals unfit for travel, (d) governmental regulatory or charges, (e) veterinary expenses, (f) additional handling fees, (g) damages suffered by Jet Pets, including but not limited to loss of income, resulting from its receipt of a diseased animal which results in the closure of any portion of Jet Pets’ facilities, or (h) any services provided other than those indicated on the reverse hereof. Consignor and/or Consignee shall be responsible for the animal’s safety and health at all times, and agree that they will be responsible to pay Jet Pets for all services rendered, regardless of the amount of any estimate, and that such fees may include those additional fees or costs.

2. PAYMENT OF FEES; RELEASE OF ANIMALS:

Animals delivered to Jet Pets shall be released only upon payment in full for all services rendered by Jet Pets, including payment of any other outstanding balance due to Jet Pets from Consignor and/or Consignee, whether related to the animal or not. Upon the failure of Consignor to make said payment, the animal(s) shall be held subject to a lien and security interest for Jet Pets for all amounts due. Payments are delinquent ten days after the due date, and all unpaid balances shall incur late charges at the rate of eighteen percent (18%) per annum from the due date.

3. RESPONSIBILITY OF JET PETS; CUSTODY AND CONTROL:

Jet Pets shall be responsible for an animal only while it is in the custody and control of Jet Pets. If an animal’s illness or injury originates either before Jet Pets takes possession of the animal or after Jet Pets delivers or releases the animal to any other carrier for transport or to Consignor or Consignee or to a representative of either of them, Jet Pets will not be responsible in any way for said injury or illness.

4. PERSONAL PROPERTY:

Consignor warrants that all items of personal property delivered to Jet Pets with or for the animal have been declared to the United States Customs Department and that all appropriate duties, tariffs and fees have been paid with respect to said items. Jet Pets will not be responsible in any way for any items of personal property delivered to Jet Pets with or for the animal(s).

5. BINDING OF OWNER:

Consignor warrants that if he or she is not the owner of the animal(s) (the “Owner”), he or she is executing this Agreement for the Owner as his or her authorized agent or pursuant to a power of attorney or other express authorization by the Owner, and Consignor hereby accepts such authorization for himself or herself as well as the Owner. Hereinafter, the term “Owner Parties” includes the Owner of the animal(s) and Consignor, individually and collectively.

6. DEFINITIONS:

The term “Agreed Value” as used in this Agreement is defined as whichever of the following is the least: (a) the actual value of the animal; (b) the value declared for the animal by the Consignor; (c) the amount of the liability limit shown in the United States Customs Department; or (d) the following amount: $10,000 per horse; or $5,000 for any other animal.

7. RELEASE BY CONSIGNOR:

Owner Parties acknowledge that there are inherent dangers incidental to receiving, holding, handling, treating, feeding, boarding, caring for and transporting animals, whether on land, by air, or by ocean, and that, due to such animals’ unpredictable health conditions, propensities or reactions, these activities can cause extreme stress, excitement or panic to the animals, which can result in injury or death to the animals or harm to persons. Owner Parties hereby release and discharge Jet Pets, its employees and other agents (collectively, the “Jet Pets Parties”) from all liability, except to the extent of Jet Pets’ gross negligence or willful misconduct, for injury to or loss of the animal(s), including but not limited to claims for damages, losses, injuries, liabilities, obligations, demands, sums of money, actions, rights or expenses of any kind arising out of or in connection with the receipt, holding, handling, treating, feeding, boarding, caring for, releasing, transporting or shipping of the animal(s) by Jet Pets.

8. ASSUMPTION OF RISK; LOSS OF VALUE:

Except to the extent of Jet Pets’ liability for negligence as provided in the preceding Section, Owner Parties assume the risk of loss, injury or death to each animal. Unless otherwise agreed in writing between the Owner Parties and Jet Pets, insurance on the animal(s) for the benefit of Owner Parties is their responsibility. Owner Parties agree that the actual value of an animal exceeds the Agreed Value, Owner Parties hereby agree to be responsible for any excess insurance or each animal in an amount equal to or in excess of the value of each animal prior to turning custody or control of the animal over to Jet Pets. Any such insurance shall designate Jet Pets as an additional insured under such coverage, shall be for the benefit of both Owner Parties and Jet Pets, and shall include a waiver of any rights of subrogation by the insurance carrier against the Jet Pets Parties. If Jet Pets and Consignor or Owner agree in writing prior to the delivery of the animal(s) to Jet Pets, Jet Pets will acquire such insurance for the Owner Parties and the cost of said insurance will be added to Jet Pets’ fees.

9. ASSUMPTION OF RISK; ENTRANCE INTO FACILITIES:

Owner Parties acknowledge that entrance into the facilities of Jet Pets, where all types of animals are boarded and quarantined, involves inherent risks because animals can be dangerous and because of each animal’s unknown health conditions, propensities and reactions, contact with animals or injuries incurred as a result of the people handling them or anyone nearby. Owner Parties hereby release and discharge the Jet Pets Parties from all liability for personal injury, illness or death of the Owner, Consignor and/or representative, and for damages to property, except as provided in the preceding “Release by Consignor” section, directly or indirectly arising out of or in connection with the entry of the Owner, Consignor or representatives or agents of either of them into Jet Pets’ animal boarding and quarantine facility. Owner Parties also agree to abide by all of Jet Pets’ rules and regulations when entering Jet Pets’ facilities.

10. INDEMNIFICATION BY CONSIGNOR:

Owner Parties agree to indemnify, defend and hold the Jet Pets Parties harmless (including attorneys’ fees and costs of suit) from any claims or causes of action of any kind or nature whatsoever for liability, damages, losses or expenses arising from the deliberate misrepresentation by Owner Parties or their agents or representatives of the risks associated with certain animals (except as set forth in this section entitled “Release by Consignor” above).

11. APPOINTMENT OF AGENCY:

If Jet Pets arranges for any transportation for an animal, whether on land, by air or by ocean, or prepares any documentation or makes any arrangements to transport an animal out of or into the United States or to or from any other country, Owner Parties acknowledge that Jet Pets shall act as an agent of Owner Parties for all purposes with respect to said transportation and documentation, including the approval of any laws and regulations, and the responsibility of Owner Parties to pay for any such services. Jet Pets shall not be responsible for delays, damage, loss or injury caused by third parties or transportation carriers. It is the responsibility of Jet Pets to provide for or arrange for insurance or other financial protection for the animal(s) in connection with said transportation, provided that such insurance or financial protection is the sole responsibility of Owner Parties.

12. PARTIAL INVALIDITY:

The invalidity in whole or in part of any term or condition hereof shall not affect the validity of any other terms or conditions hereof.

13. ATTORNEYS’ FEES:

In the event of any arbitration, litigation or other dispute-resolution proceeding between the parties with respect to the subject matter of this Agreement, the prevailing party’s reasonable attorneys’ fees and court costs incurred in connection with the dispute, in addition to any remedy to which such party may be entitled.

14. ARBITRATION:

Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.