Boarding Disclaimer

[SaddlePsych'D]

We're looking at a home boarding place for back up in case family can't help us out and have been to see what seems like a fabulous set up - big house, lots of space, garden fully enclosed and walks in enclosed field on private land. All seems well, tbh I wanted to move in too! Council license was clearly displayed and they have a 4 star rating.

Just noticing on the paperwork there's a disclaimer to indicate understanding of no responsibility on the part of the owner for loss of dog. I've not looked into boarding before, is this sort of thing standard?

Feels a bit weird signing away all responsibility (accidents/unforeseen issues aside).

 

[Christmascinnamoncookie]

Loss as in escaped or loss as in death? The kennels we used stock fenced their fields after a dog escaped and they spent a long time searching for it (found). I would absolutely blame a boarder if they lost my dog on eg a walk.

 

[AmyMay]

Of course they’d be responsible if they lost your dog. If not them, then the fairies?

 

[Red-1]

That sounds a bit weird to me too.

I know a home boarding service where the place looked well fenced but was not. They regularly lost dogs. It too would have looked idyllic.

My dogs go to a much more modest home boarding. I trust the owners implicitly. I am off on holidays for the first time since having Hector and he is somewhere between 13 and 17 years old. I trust them to keep him as safe as I could, and to deal with a PTS situation in my absence, if it should arise.

I wonder if yours mean a PTS situation, as opposed to the dog escaping?

 

[Prancerpoos]

I would just ask them what they mean by it.

 

[SaddlePsych'D]

Loss as in escaped or loss as in death? The kennels we used stock fenced their fields after a dog escaped and they spent a long time searching for it (found). I would absolutely blame a boarder if they lost my dog on eg a walk.

It just says 'loss' but I read it to mean either. I will clarify.

The garden was fully stock fenced with a double gate access, I will check again about the walking fields.

Of course they’d be responsible if they lost your dog. If not them, then the fairies?

This is why I'm not sure about the 'no responsibility' bit. Maybe not for literally every eventuality, no one can guarantee that, but definitely some level of responsibility?

It seems like a good set up, the rest of the form is very thorough for getting detailed info about the dogs' needs, no real cause for concern that I can tell but just this wording is off putting when looking to pay someone to take responsibility for care of my dog.

 

[Rowreach]

If they don't have cover for Care Custody and Control, plus Custodial Responsibility, I wouldn't leave my dog there anyway.

Disclaimers mean nothing.

 

[SaddlePsych'D]

If they don't have cover for Care Custody and Control, plus Custodial Responsibility, I wouldn't leave my dog there anyway.

Disclaimers mean nothing.

I haven't checked about their insurance. Can't believe I didn't think about that! I assume it's a condition of licensing but will check it out.

 

[Pearlsacarolsinger]

Usually insurance companies will only pay out if their client has been negligent, so maybe it's to do with that.

 

[SilverLinings]

A lot of small/independent businesses don't seem to understand that you can't ask clients to sign away their rights/your responsibility. Regardless of whether you sign such a disclaimer they could still be held legally responsible if the dog died through their negligence (or, god forbid, intentional cruelty).

Very different business, but there is an escape room company with premises near where I work and they have a disclaimer saying they won't be held responsible for any accident or injury to paying 'customers'. That is absolute rubbish, and having the form signed won't in any way negate their responsibilities under H&S legislation (I went with a friend and her lawyer husband who put them straight on the subject!). Unfortunately requiring clients/customers to sign a waiver like that just makes the business look rather naïve and/or unprofessional.

Certain signs/forms of this type can be valid, for example a business stating that they won't be responsible for any customer items left unattended on the premises, but that is because there is no legal requirement for the business to take that responsibility, and it clears up any confusion the customers/clients may have.

I would ask the company exactly what they mean. If they say that they mean, for example, that if Fido becomes very ill and they take him to the vet who says there is no option other than PTS for which they are not responsible, then that is not unreasonable. If, however, they think they can waive responsibility if Fido's illness is caused by them poisoning him/a contagious disease on site/him having access to something inedible in the kennel/etc then they misunderstand the power of waivers.

If waivers of this sort worked then vets and doctors would never be sued as they'd just ask all their patients/owners to sign a waiver agreeing that the vet/doctor is not responsible if they make a mistake or are a bit careless and the patient dies. We would all be signing waivers left, right and centre every time we engage with a business or service, and many businesses would no longer bother wasting time and money on H&S!

If you are otherwise happy with the kennel then I would ask to see their insurance certs, check their licensing, and try to find some real customers and ask what their opinions are.

 

[ArklePig]

SL covered everything I was going to say, you can't just absolve yourself of all liabilities by way of a simple disclaimer. regardless of how nice it is I'd be wary about dealing with people like that.

 

[honetpot]

We're looking at a home boarding place for back up in case family can't help us out and have been to see what seems like a fabulous set up - big house, lots of space, garden fully enclosed and walks in enclosed field on private land. All seems well, tbh I wanted to move in too! Council license was clearly displayed and they have a 4 star rating.

Just noticing on the paperwork there's a disclaimer to indicate understanding of no responsibility on the part of the owner for loss of dog. I've not looked into boarding before, is this sort of thing standard?

Feels a bit weird signing away all responsibility (accidents/unforeseen issues aside).

I think this would be classed as an unfair contract, you are paying for a service, they should have care,custody and control insurance, so if they are negligant their insurance should cover them.
https://legalvision.co.uk/commercial-contracts/examples-unfair-contract-terms/

 

[SaddlePsych'D]

A lot of small/independent businesses don't seem to understand that you can't ask clients to sign away their rights/your responsibility. Regardless of whether you sign such a disclaimer they could still be held legally responsible if the dog died through their negligence (or, god forbid, intentional cruelty).

Very different business, but there is an escape room company with premises near where I work and they have a disclaimer saying they won't be held responsible for any accident or injury to paying 'customers'. That is absolute rubbish, and having the form signed won't in any way negate their responsibilities under H&S legislation (I went with a friend and her lawyer husband who put them straight on the subject!). Unfortunately requiring clients/customers to sign a waiver like that just makes the business look rather naïve and/or unprofessional.

Certain signs/forms of this type can be valid, for example a business stating that they won't be responsible for any customer items left unattended on the premises, but that is because there is no legal requirement for the business to take that responsibility, and it clears up any confusion the customers/clients may have.

I would ask the company exactly what they mean. If they say that they mean, for example, that if Fido becomes very ill and they take him to the vet who says there is no option other than PTS for which they are not responsible, then that is not unreasonable. If, however, they think they can waive responsibility if Fido's illness is caused by them poisoning him/a contagious disease on site/him having access to something inedible in the kennel/etc then they misunderstand the power of waivers.

If waivers of this sort worked then vets and doctors would never be sued as they'd just ask all their patients/owners to sign a waiver agreeing that the vet/doctor is not responsible if they make a mistake or are a bit careless and the patient dies. We would all be signing waivers left, right and centre every time we engage with a business or service, and many businesses would no longer bother wasting time and money on H&S!

If you are otherwise happy with the kennel then I would ask to see their insurance certs, check their licensing, and try to find some real customers and ask what their opinions are.

Thank you this is very helpful. I have checked via council site and the licensing is up to date for this year but I haven't checked insurance or yet clarified what this clause means. I will get on the case before going further with any booking.

 

[AmyMay]

Thank you this is very helpful. I have checked via council site and the licensing is up to date for this year but I haven't checked insurance or yet clarified what this clause means. I will get on the case before going further with any booking.

Let us know what they say.

 

[Denali]

I personally wouldn’t board my dog at a place that uses such vague language regarding loss.

I have worked in kennels, and have used them in the past. The language I’m most familiar with is way more specific and the only time ‘loss’ was mentioned, was in regards to any of the dogs things that were brought. This was due to it being “cage free” and basically, aside from bed time, dogs had free range (with supervision) of the yard and a section of the facility. If a persons dog wasn’t good in groups or a fighter they couldn’t board there.

 

[SpottyTB]

If they are council licensed (sounds like they are by the way you describe their fencing & double entry system) they will be insured - the council (mine are) are pretty hot on the paperwork and will have had to see the insurance paperwork to prove they have sufficient insurance - including being insured for care, custody and control.

You should have to sign an off lead permission form and if your concerned they’re going to lose your dog, don’t sign it and ask for your dog to stay on a long line (most boarders start visitors on a long line anyway).

The wording in their terms & conditions has probably come from council recommendation- i wouldn’t judge the service they provide by their language on paper. Speak to them and ask for clarification about it

 

[Jenko109]

This reminds me.

A chihuahua puppy got stolen from a local kennel a few years back.

I would have thought someone was onsite at kennels overnight, but apparently this was naive of me.