1. Terms

1.1 Cornerstone House and Land Development Pty Ltd trading as Paradise Pet Retreat (“PPR”) owns and operates a kennel, cattery and daycare and provides services of short term accommodation and care of dogs, cats and other animals (“Services”).

1.2 These terms and conditions apply to all Services provided by PPR.
1.3 Upon making a booking an Owner is deemed to have agreed to these terms.
1.4 The Owner accepts and acknowledges these terms are binding for the duration of their Client

profile.
1.5 PPR will give notice to the Owner if these terms are amended, varied or altered.

2. Warranties

2.1 At the date of this Contract the Owner acknowledges, warrants and agrees with the following (“Owner’s Warranties”):

1. (a)  The Owner is the Owner of the animal or a person who is legally entitled to enter into this Contract and who has full authority to deal with the animal;

2. (b)  The information in the Client profile is true and correct;

3. (c)  If the animal is a dog or puppy, that it is not:

   1. (i)  A Restricted Dog pursuant to the Customs Act 1901 (Cth), being purely or partly of the breed Dogo Argentino, Fila Brasileiro, Japanese Tosa, American Pit Bull Terrier or Pit Bull Terrier, Perro de Presa Canario or Presa Canrio;

   2. (ii)  A declared Dangerous Dog pursuant to the Animal Management (Cats and Dogs) Act 2008 (Qld);

   3. (iii)  A declared Menacing Dog pursuant to the Animal Management (Cats and Dogs) Act 2008 (Qld);

   4. (iv)  An animal with a history of attacking people or other animals; or

   5. (v)  An animal with other known behavioural problems.

4. (d)  The animal is lawfully registered with the Owner’s local government;

5. (e)  The animal is not permitted to and does not wear or use any form of electronic

   monitoring, tracking, research or training device including, but not limited to, air tags,

   GPS collars, fitness trackers or any other specialised equipment;

6. (f)  The animal is wormed, does not have fleas or ticks and is clean and healthy; and

7. (g)  The Owner agrees not to make any derogatory or defamatory comment on any social

   media platform with regard to PPR or the Services and acknowledges and agrees that if the Owner does have any concerns regarding the Services he, she or they are to address those concerns direct with PPR .

2.2 If any of the Owner’s Warranties are breached then the Owner agrees to indemnify and keep indemnified PPR for any loss, damage, cost or claim resulting from or in any way arising from or connected with a breach of the Owner’s Warranties.

2.3 PPR warrants that suitable care and accommodation will be supplied to an animal but does not warrant:

(a) That a particular room or area will be used for the duration of the animal’s stay; or

(b) That the animal’s coat will be kept free of matting, knotting or smell.
2.4 To the maximum extent permitted by law PPR gives no warranty or undertaking and makes no

representation to an Owner about the suitability of, or fitness for use of, PPR for a particular animal or breed or type of animal, other than those warranties, undertakings and representations expressly set out in these terms or which cannot be excluded by law.

3. Booking & Cancellation

1. 3.1  Subject to clause 5.1, the Owner agrees to pay the total Fee payable upon making a booking.

2. 3.2  For a booking to be confirmed, the Owner must pay the total Fee and provide PPR with a

   vaccination certificate for the animal demonstrating the currency of vaccinations as required

   by PPR from time to time.

3. 3.3  If a booking is made for a fixed number of days then PPR does not guarantee it will be able to

   extend the number of days if requested at a later time.

4. 3.4  An owner may only cancel a booking by written notice to PPR.

5. 3.5  At least 30 days written notice of cancellation must be given by the Owner to PPR to cancel a

   booking.

6. 3.6  If the Owner:

   (a) Does not collect the Owner’s animal at the end of a booking; and
   (b) Makes no arrangement or payment for the Services being extended; then

   the Owner irrevocably authorises PPR to re-home, sell, give away or euthanize the Owner’s animal after a period of 14 days from the end of the contracted booking period.

4. Fees & Refunds

1. 4.1  Fees payable by the Owner to PPR for the Services are calculated on a daily basis by reference to the PPR Fee Scale (“the Fees”).

2. 4.2  A day is taken to start at 7.30am AEST and finishes 7.30am AEST the following morning, regardless of time of arrival.

3. 4.3  If an animal is not collected at the end of a booking, then Fees will continue to accumulate on a daily basis and must be paid to PPR prior to collection of the animal.

4. 4.4  If the Owner collects the animal prior to the original check out date, the Owner is not entitled to a credit or refund for early departure.

5. 4.5  The Owner irrevocably authorises PPR to debit any Fees as they accrue from any
   security or credit card the Owner has provided. All Stripe transactions will incur an additional surcharge.

6. 4.6  The Owner agrees to pay or reimburse to PPR all costs and expenses including veterinary expenses relating to the treatment of an animal.

7. 4.7  Of the total Fee, the Owner agrees that an amount of $32.00 (‘the administration fee’) of the total Fee is non-refundable and not transferrable.

8. 4.8  Any Owner seeking a refund of paid Fees must complete a Refund Form and submit it to PPR.

9. 4.9  Unless otherwise agreed between PPR and the Owner and except in exceptional

   circumstances:

   1. (a)  The Owner is entitled to a full refund of Fees, minus the administration fee, if written

      cancellation of the booking is received by PPR at least 30 days before the date the

      animal is to be delivered to PPR;

   2. (b)  The Owner is entitled to a refund equal to 50% of Fees paid at the time of

      booking, minus the administration fee, if written cancellation is received by PPR at least

      3 days before the date the animal is to be delivered to PPR; and

   3. (c)  The Owner is not entitled to a refund of Fees, if cancellation of the booking is received

less than 3 days before the date the animal is to be delivered to PPR.

10. 4.10  If an Owner shortens a booking period more than 3 days prior to the original check-in date, the Owner must pay an administrative fee of $32.00 and the diierence in Fees between the Fees payable for the original booking period and the Fees payable for the shortened booking period will be refunded to the Owner.

11. 4.11  If an Owner shortens a booking with less than 3 days' notice of the original check-in date, the Owner is not entitled to a refund of Fees and no refund will be issued for the unused portion of the stay.

5. Payment Plans

5.1 The Owner may, at PPR’s discretion, enter into a payment plan with PPR if the following criteria is satisfied:

(a) The booking is made more than 30 days prior to Services commencing;
(b) The total Fee payable is greater than $1,000.00 (AUD);
(c) The Owner agrees to pay a minimum sum of $200.00 per transaction; and
(d) The Owner has advised PPR in writing how and when part payments will be processed.

6. Vaccinations

6.1 The Owner acknowledges, warrants and agrees:

1. (a)  If the animal is a dog or puppy, that it has, at least 14 days prior to the date the dog or

   puppy enters the care of PPR, received all standard dog or puppy vaccinations in

   accordance with the Veterinary Vaccination Schedule (“C5 Vaccination”); or

2. (b)  If the animal is a cat or kitten, that it has, at least 14 days prior to the date the cat or

   kitten enters the care of PPR, received all standard cat or kitten vaccinations in accordance with the Veterinary Vaccination Schedule (“F3”);

7. Veterinary & Other Treatment

1. 7.1  PPR recommends each animal be inspected by a qualified veterinarian surgery and that each animal receive treatment for fleas and ticks before entering its facility.

2. 7.2  If fleas, ticks or other infestation is present PPR may treat, at the Owner’s expense, the animal with Bravecto or Nexguard or such other treatment as a veterinary surgeon may advise.

3. 7.3  PPR are not liable because of such treatment if the animal dies, becomes sick or ill, contracts

   any disease or otherwise suiers any ailment either due to the treatment or lack of treatment.

4. 7.4  Nothing in this clause obliges PPR to treat the animal and the Owner acknowledges and agrees that it will have no claim whatsoever if treatment is not provided to the animal for the treatment

   of fleas, ticks or other infestations.

5. 7.5  The Owner irrevocably authorises PPR to consult with and obtain treatment (including

   medication and medical procedures) from a veterinary surgeon at the expense on behalf of an Owner if the Owner’s animal:
   (a) Is injured; or
   (b) Displays symptoms of sickness, disease, illness or extreme distress.

6. 7.6  The Owner irrevocably authorises PPR to follow any professional advice of the veterinary surgeon in making health and care decisions for the Owner’s animal.

7. 7.7  If the veterinary surgeon gives a recommendation for euthanasia of the Owner’s animal:

   1. (a)  PPR will make all reasonable attempts to contact the Owner or emergency contact to

      obtain the Owner’s consent; but

   2. (b)  If PPR is unable to contact or obtain consent from the Owner after reasonable attempts;

      and

   3. (c)  The animal is in significant suiering to the point that, in the veterinary surgeon’s

      opinion, is cruel or inhumane; then

   4. (d)  The Owner authorises PPR to order the euthanasia of the animal.

8. 7.8  It is at the sole discretion of PPR to decide if an animal: (a) Has worms;

   (b) Has fleas and ticks; or

   (c) Is clean.

9. 7.9  If an animal has fleas, ticks or worms or is unclean then the Owner irrevocably authorises PPR

   to eiect suitable treatment at the Owner’s expense however PPR will not in any way be liable including for negligence, breach of contract, breach of statutory duty for any loss, damage, cost or expense including injury or death to the animal or third parties as a consequence of such treatment.

8. Token Package – Doggy Daycare

1. 8.1  A Doggy Daycare package consists of a maximum of 10 days care for a Dog during PPR’s operating hours as specified on PPR’s website.

2. 8.2  The Owner acknowledges and agrees:
   (a) Each Doggy Daycare arrangement expires 12 weeks from the first date of day care; (b) Nominated care days must be consistent and recurring in nature (for example, if the

   Owner nominates Wednesday as its preferred day care day, the successive day care bookings must be on Wednesdays; or if the Owner nominates Monday and Friday as its preferred day care days, the successive day care bookings must be on Mondays and Fridays);

   (c) On expiration of the Doggy Daycare package, the package ceases and unused care days lapse and are invalid.

9. Limitation of Liability

1. 9.1  PPR agrees to exercise a reasonable standard of care and animal husbandry in accommodating and caring for the animal.

2. 9.2  The Owner indemnifies and agrees to keep indemnified PPR for any loss, injury, damage or death to the Owner’s animal caused by:
   (a) An attack by any animal in the care of PPR;
   (b) An attack by a wild animal or an animal not in the care of PPR;

   (c) An attack or infestation by a snake, tick or parasite; and

   (d) The escape or loss of the Owner’s animal.

3. 9.3  The Owner indemnifies PPR for any loss, injury, damage or death caused by the

   Owner’s animal to any PPR employee, contractor or agent, other animal (whether in the care of

   PPR or not), livestock, chattels and property.

4. 9.4  PPR is not liable to the Owner for the loss of or any damage to any eiects or chattels (such as

   leads, beds, collars etc.) that are given to PPR with the animal.

5. 9.5  If an animal becomes ill or dies for any reason including because of disease either covered or

   not covered by a vaccination, then PPR is not liable as a consequence of the illness or death of the animal regardless of its cause. The Owner acknowledges that the animal may become ill or die even if the animal is vaccinated and may also become ill or die because of illness that is not preventable by vaccination.

6. 9.6  The Owner acknowledges and agrees that the liability of PPR is limited to the higher of the following amounts:

   1. (a)  In the case of Services supplied or oiered by PPR, the supply of the Services again, or the payment of the cost of having the Services supplied again;

   2. (b)  In the case of goods supplied or oiered by PPR, the replacement of goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring the equivalent goods, or the payment of the cost of having the goods repaired.

7. 9.7  PPR is not liable to the Owner for indirect or consequential loss or damage whatsoever, whether by reason of any delay or termination of service arising from any cause whatsoever or as a consequence of negligence, breach of contract or breach of statute.

8. 9.8  The Owner acknowledges that the Owner is responsible for any damage caused by the Owner’s animal to any furniture, chattels, fixtures or structures.

9. 9.9  PPR is not liable for the performance or observance of any obligations if prevented restricted or eiected by reason of a Force Majeure event including any act of God, strike, lock out, industrial dispute, raw material shortage, breakdown of Plant, Transport or Equipment, flood, extreme weather condition, lockdown or government action as a consequence of a of pandemic or health emergency or any other cause beyond PPR’s reasonable control.

10. General Conditions

1. 10.1  The Owner authorises for photographs to be taken of his or her animal and for those photographs to be used by PPR for marketing and advertising purposes.

2. 10.2  This Contract may be executed in any number of counterparts, each of which will be an original but which together will constitute the same instrument.

3. 10.3  The Owner agrees to enter into transactions via electronic means and agrees that any document may be executed and delivered by electronic signatures (including, without limitation, DocuSign) and that the signatures that appear are the same as handwritten signatures of the Owners for the purposes of validity, admissibility and enforceability.