Petsmart Do not use PetsHotel at PetSmart, Foothill Ranch, CA Foothill Ranch California

Hello!

I am very sorry to hear of your poor experience at our PetsHotel in Foothill Ranch and overall discontent with the services provided to you. I would like to first address the issue surrounding the PetsHotel taking your pet to our vet. We do care for our pets with great diligence and not only are you, but your pet are of great importance to us. We do not serve solely as a business, but our resolve is to serve as the trusted partner in the relationship between you and your pet and want nothing more than to provide you with exceptional service.

While our pets stay with us, we keep a close eye on them in order to assure their safety and health during their stay. In order to do this, we keep track of any abnormal behaviors that deviate from the norm––meaning, should your pet vomit or have diarrhea or any other unusual behaviors or problems, we keep a chart of it, all the while keeping note of it and communicating with leaders the status of said pet. After a certain number of times, we contact the parents as it is required of us to take them to the vet.

When you first registered as a client at the PetsHotel, we asked that you fill out a master boarding agreement. Included in this were our policies concerning the time your pet stays with us, all of which reviewed the rules and regulations, including that revolving around illness. When you agreed to allow the PetsHotel to take your pet to the vet, that provided the consensus that we were permitted to care for your pet as needed in light of the present symptoms. Should your pet had had a more extreme illness such as colitis (if diarrhea) or another present and potentially deadly/harmful illness, I have no doubt it would have been your desire that we had taken them to the vet to ensure their good health.

Our primary concern is always the well-being of your pet. We have specific procedures in place to ensure this. I am so sorry you are upset with the circumstances, however, I ensure you that we were simply doing everything in our power to ensure your pet would return home well-taken care of.

With regard to the spotty communication and failure to answer at times, I hope you can understand that we have many guests who come to visit us on a daily basis and are tasked with many responsibilities in caring for multiple pets. Of course, this is no excuse, however, I hope it may inspire some consideration that we do our very best to provide the best care to ALL of our guests. For instance, when an individual calls the vet, often times they're prompted with the question of whether or not it's an emergency and if they can hold––this being due to the fact that there are so many pets that they are trying to provide for that it's sometimes difficult to maintain, and there is room for error.

I'm sure you can understand from a business perspective the reason for our inability to allow you to use our services given the remaining balance. Included in the master boarding agreement was information pertaining to 1. charges resulting from vet visits/treatment, 2. failure to contact you, 3. failure to pay outstanding vet bills, 4. our release from liability.

Under Section 2 of our MBA/DDC Agreement:

" 2. Payment for Services. You agree to pay us for the Services we provide to your Pet(s) during each visit at the rates set forth at the start of such visit (collectively the “Charges”). Prices are subject to change without notice and seasonal rates may apply. Charges begin on the day you leave your Pet(s). Hotel check out time is by noon on the departure date and additional Charges will be due for late check out. If you do not pay your bill in full at check-out, PetSmart is required to return your Pet to you at the time of check-out. You understand, however, that you will remain liable for all Charges incurred during your Pet’s stay, and PetSmart reserves the right to collect any unpaid balance."

Under Section 9 of our MBA/DDC Agreement:

"

1. Pet Health and Behavior. We reserve the right to refuse to accept a Pet at check-in for any reason, including without limit, if it appears to us the Pet is sick, injured, in pain, or that its behavior could jeopardize the health or safety of other Pets or our staff.

   • No Pet can stay with us unless the Pet is healthy and we have confirmation from a licensed veterinarian or

     approved designee that the Pet has received all vaccinations required by PetSmart.

   • If at any time your Pet is found to have fleas or ticks, we may provide the appropriate flea or tick removal

     treatment, and you authorize us to provide such service at your additional expense.

   • You represent that your Pet has no illness, injury or behavior problem (including aggressive or biting behavior)

     that has not been disclosed to us.

   • We may accept certain older Pets and we may administer routine medication for chronic conditions, but we are

     not equipped to care for acutely sick Pets or aggressive or biting Pets.

   • You represent that your Pet has not been exposed to rabies, distemper, or parvovirus within 30 days prior to

     beginning its stay with us.

   • If your Pet has been treated for a contagious illness, we will not accept your Pet(s) for at least two (2) weeks

     after treatment has been completed and a statement of health is obtained from a licensed veterinarian.

   • You acknowledge that we may contact appropriate authorities if your Pet bites another Pet or any person. •

     . If we cannot reach you or your Agent, PetSmart at its sole discretion, may engage the services of a veterinarian and/or administer medicine or give other necessary attention to your Pet, and you authorize us to provide any such service at your additional expense. In cases we believe to be critical, we may take your Pet to the veterinarian first before trying to contact you. If you refuse medical treatment for your Pet, PetSmart, at its sole discretion, may engage the services of a veterinarian and/or administer medicine to make your Pet as comfortable as possible until picked up by you or your Agent, and you authorize us to provide any such service at your additional expense. If we cannot reach you or your Agent, we will make healthcare decisions for your Pet based on the recommendations of available

     professionals.

   • In the unfortunate event that your pet passes away while in our care, we will hold your pet until you or your Agent

     are able to pick up your pet; or if you wish, at your expense, we will arrange to have your pet cremated."

Under Section 14, 15, and 16:

"Sole Ownership. You represent to us that you are the owner(s) of the Pet(s) and that you are fully authorized to enter into this Agreement. All of the information about you and your Pet in this Agreement is true, accurate and complete. In a custody dispute we will require proof of ownership, a written property settlement agreement or court decree.

• You agree to indemnify and hold us harmless, from and against all loss, damage or expense, including attorneys’ fees, resulting from misrepresentations by you or your representatives or resulting from your Pet’s stay including, without limitation, any person claiming to be the owner of your Pet and any person claiming damage or injury by your Pet.

Miscellaneous Provisions. This written Agreement constitutes our entire and only agreement and there are no oral agreements or understandings except as provided for in this Agreement.

• This Agreement shall bind us and our assigns and you and your heirs and assigns.
• The law that applies to the Agreement is the law of the state or province and municipality where your Pet is to stay. If

there are disputes that result in litigation, the courts of the state or province and municipality where your Pet is to stay

shall have exclusive jurisdiction.
• We may take a photo of your pet while your pet is receiving our Services or in our care (“Photo”). You hereby grant Us

the perpetual, irrevocable, royalty-free right and license to publish, distribute, adapt, modify, or otherwise use the Photo, or any portion thereof, in any manner for any commercial or non-commercial purpose without your notice, review or approval.

Definitions. The terms used throughout this Agreement, whether capitalized or not, and in either the singular or plural form, means as follows: “We,” “Us,” “DDC” and “Hotel” means PetSmart, Inc., its associates and its subsidiaries. “You” and “your” shall mean the Pet Parent(s) signing this Agreement. “Pet” or “your pet” shall mean the dog(s) and cat(s) staying at the Hotel or DDC and shall refer to the Pet(s) designated by the Pet Parent in this Agreement."

Keeping in mind that you signed this prior to boarding your pet as is required, I hope this clears some things up and helps you understand our position as your pet's temporary caretakers.

Sincerely,

Petsmart employee