UpSwing Canine Behavioral Services - Fetch & Fable
Lodging & Learning Agreement (Lodge & Learn / Lodge & Leisure) - Addendum to Master Service Agreement (MSA)
This Lodging & Learning Agreement (“Agreement”) is entered into by and between UpSwing Canine Behavioral Services (“UpSwing,” “we,” “our,” or “us”) and the undersigned client (“Client,” “you,” or “your”) for canine lodging and related learning/enrichment services at UpSwing’s facilities and designated outdoor areas, including “Fetch & Fable.”
*UpSwing Canine Behavioral Services and Fetch & Fable are DBAs of UpSwing Total Pet Care LLC”
This Agreement supplements and incorporates the UpSwing Master Service Agreement (MSA). If there is a conflict between this Agreement and the MSA for lodging/learning services, this Agreement controls.
1. Services
1.1 Programs. UpSwing offers:
Lodge & Leisure – lodging with daily care and enrichment activities (e.g., trail walks, puzzles, toys, playtime, sensory games), but no formal instruction.
Lodge & Learn – lodging with structured, rewards-based learning sessions integrated alongside daily enrichment activities.
1.2 Delivery. Services occur at our facility/property or nearby trails/venues as determined by UpSwing.
1.3 Methods. All learning uses rewards-based, humane methods. UpSwing may use humane management equipment (e.g., harnesses, head collars, safety lines, muzzles) as needed for safety.
2. Eligibility, Health, Vaccinations, and Parasites
2.1 Owner Representations. You represent that you are your dog’s legal owner/guardian, that all information you provide is accurate, and that you will promptly update changes in health or behavior.
2.2 Required Veterinary Care (due before arrival):
Vaccinations: Rabies, DAPP/DHPP, and Bordetella — administered no fewer than 14 days before arrival.
Fecal Exam: Negative fecal within the last 12 months.
Parasites: Dog must arrive free of fleas/ticks and other external parasites.
Proof: Veterinary records must be provided no later than 14 days before arrival.
2.3 Recommended: Canine Influenza (H3N8/H3N2) as advised by your veterinarian; year-round parasite prevention.
2.4 Special Populations: Puppies, seniors, and dogs with medical conditions may be at higher risk. You acknowledge these risks and authorize any additional monitoring fees.
2.5 Illness/Contraindications: You must disclose contagious exposures in the prior 30 days and any health or behavioral conditions. UpSwing may decline or end services if your dog appears unsafe, ill, or under-vaccinated.
2.6 Parasite/Soiling on Arrival: If fleas/ticks are found, parasite control will be administered at your expense. Excessive soiling may incur additional cleaning fees.
2.7 Health Warranty Disclaimer: While UpSwing follows strict cleaning, safety, and vaccination protocols, Client acknowledges that lodging environments carry inherent risks of exposure to contagious conditions such as kennel cough, giardia, or other communicable illnesses. UpSwing is not responsible for any illness that may arise despite reasonable preventative measures; Client is solely responsible for all related veterinary care and expenses.
2.8 Medication Administration: If Client provides medications or supplements for their dog, UpSwing will administer them in accordance with Client’s written instructions, exercising reasonable care. UpSwing is not liable for adverse reactions, side effects, or outcomes related to medication administration
3. Behavior, Safety, and Participation
3.1 Disclosure: You must disclose any bite history, reactivity, aggression, escapes, resource guarding, anxiety, sensitivities, or other concerns.
3.2 Safety Tools: UpSwing may require muzzles, leashes, or other management tools.
3.3 Activities: Dogs may participate in individual or group enrichment activities at UpSwing’s discretion, based on compatibility, safety, and program design. Participation is not guaranteed and may be adjusted at any time.
3.4 Females in Heat: Intact females who enter heat during their stay will be excluded from group activities and may require additional management. UpSwing reserves the right to decline or modify lodging arrangements in these cases.
3.5 Trails & Property: Outdoor activities may involve uneven terrain, mud, insects, water, burrs, and wildlife. You accept these risks.
3.6 No Guarantees: Learning results and behavior change cannot be guaranteed. Aggression is never “cured.”
4. Care Instructions, Food, Medications, and Belongings
4.1 Food: Provide food in sealed containers labeled with your dog’s name. If not provided, UpSwing may substitute food and bill you.
4.2 Medications: Must be in original containers with instructions. You authorize UpSwing and its Agents to administer.
4.3 Belongings: Personal items are left at your risk. UpSwing is not responsible for lost or damaged items.
5. Emergencies, Veterinary Care, and Transport
5.1 Authorization: You authorize UpSwing and its Agents to seek veterinary care, including transport, if needed. UpSwing takes all reasonable precautions and Client acknowledges that any transportation carries inherent risks. UpSwing is not liable for accidents, injuries, or incidents occurring during transport if needed.
5.2 Contact & Cost Limit: We will attempt to contact you and your emergency contact. You authorize emergency treatment up to your designated amount listed in the emergency care authorization section below without prior contact; beyond that, reasonable care may still be provided to stabilize your dog. All veterinary costs are your responsibility.
5.3 Isolation: UpSwing may isolate dogs showing signs of illness and adjust services/fees accordingly.
6. Payment, Deposits, Cancellations, and Refunds
6.1 Deposit: A 50% deposit is due at booking. Deposits are non-refundable but secure your reservation.
6.2 Balance Due: If not paid in full at booking, the remaining 50% is due 7 days before check-in. If unpaid, the reservation may be canceled and the deposit forfeited.
6.3 Cancellation Policy:
7+ days before check-in: Deposit is retained; any balance paid is waived or refunded.
Less than 7 days before check-in, no-shows, or early pickups: Full stay is billed.
6.4 Holidays/Peak Periods: A 10% surcharge is applied for any bookings taking place over a Holiday (New Years, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas). UpSwing may require full payment at booking and longer cancellation windows during these times; these will be disclosed at booking.
6.5 Refunds: Deposits are non-refundable and non-creditable. Early balances paid are refunded only for cancellations made 7+ days before check-in.
7. Media, Communications, and Privacy
7.1 Photo/Video: You grant UpSwing permission to use photos/videos of your dog for documentation and marketing unless you opt out in writing.
7.2 Text/Email: You consent to receiving updates about your dog’s stay. Text STOP to end.
7.3 Privacy: UpSwing handles client data per its privacy policy.
8. Assumption of Risk; Release; Indemnification
8.1 Risks: You acknowledge risks of illness, injury, stress, escape, or death despite reasonable care.
8.2 Release: You release UpSwing and its Agents from liability for illness, injury, or death arising from ordinary risks of lodging, enrichment, or learning activities.
8.3 Indemnification: You agree to hold harmless and indemnify UpSwing and its Agents from claims, damages, or expenses arising from your dog’s conduct, your breach, or inaccurate information.
9. Facility Rules; Refusal of Service
UpSwing may refuse, terminate, or modify services if your dog presents risk, records are incomplete, or for any other reasonable cause.
10. Client Code of Conduct
UpSwing is dedicated to creating a safe, supportive environment for all people and all dogs. Aggressive behavior, bullying, harassment, intimidation, or discrimination toward staff, clients, or animals will not be tolerated, and may result in immediate termination of services. UpSwing reserves the right to terminate services immediately without refund if Client engages in such behavior.
11. Pickup, Drop-off, Late Fees, and Abandonment
11.1 Owner Responsibility. All drop-off and pickup transportation is the sole responsibility of the Client. UpSwing does not provide transportation services.
11.2 Pickup: Dogs must be picked up at the scheduled date/time. Late pickups may incur additional fees.
11.3 Abandonment: If not retrieved within 10 days of scheduled pickup and contact attempts fail, UpSwing may transfer custody to a shelter/rescue. You remain responsible for all charges through transfer.
11.4 Lien: UpSwing retains a possessory lien on your dog and belongings for unpaid charges.
12. Property Damage
You are responsible for any damage caused by your dog and will reimburse UpSwing for repair/replacement costs.
13. Weather
Outdoor activities may be adjusted or canceled for safety due to weather or other conditions. No refunds will be issued.
14. Dispute Resolution; Governing Law; Miscellaneous
14.1 Mediation/Arbitration: Disputes will be resolved per the MSA.
14.2 Governing Law: This Agreement is governed by Pennsylvania law.
14.3 Severability: If any part is unenforceable, the rest remains in effect.
Entire Agreement: This Agreement and the MSA are the entire agreement regarding lodging/learning services.
Amendments: Changes must be in writing and signed.