Important: This article provides general information only and is not legal advice. Every business situation is unique. We strongly recommend consulting with a qualified solicitor before making decisions about contracts, terms of service, or liability management. Petboost is not liable for any actions taken based on this content.
Why This Matters for Pet Businesses
Every day, pet business owners ask customers to "sign here" before services. Some use lengthy waiver forms. Others have a simple checkbox on their booking system. But how many actually know what these documents do, or whether they would hold up if challenged?
The reality is more nuanced than most business owners realise. Let's explore the key concepts and questions you should be discussing with your legal advisor.
Understanding the Difference
What is a Disclaimer?
A disclaimer is a statement that informs customers about risks, limitations, or the nature of your services. It's about communication and expectation-setting.
Common examples in pet businesses:
- "Grooming involves handling and restraint that may cause stress"
- "Daycare involves interaction with other dogs"
- "We are not liable for pre-existing conditions"
- "Prices are estimates and may vary based on coat condition"
Disclaimers serve an important role: they ensure customers understand what they're agreeing to.
What is a Waiver?
A waiver (or release of liability) asks customers to give up their right to take legal action in certain circumstances. It's an attempt to transfer risk from the business to the customer.
Common waiver language:
- "I release [business] from all claims arising from..."
- "I agree not to hold [business] liable for..."
- "I accept all risks associated with..."
Why the Distinction Matters
Here's the critical point: Australian consumer law places significant limits on what businesses can contract out of.
Certain guarantees under the Australian Consumer Law cannot be excluded. These include:
- Services will be provided with due care and skill
- Services will be fit for the purpose communicated
- Services will be provided within a reasonable time
A waiver that attempts to exclude these guarantees may be considered unfair or unenforceable.
Questions to Ask Your Solicitor
Rather than trying to draft your own terms, consider discussing these questions with a qualified solicitor:
About Your Current Documents
- Do our current terms distinguish between disclaimers and waivers?
- Are any of our waiver clauses potentially unenforceable under Australian Consumer Law?
- Do our terms adequately cover the services we actually provide?
- When did we last review our documentation?
About Risk Management
- What risks should we be disclosing to customers?
- How should we document customer acknowledgment?
- What's the difference between "assumption of risk" and "release of liability"?
- How do our terms interact with our insurance coverage?
About Specific Scenarios
- What happens if a dog is injured during grooming?
- What about dog-on-dog incidents in daycare?
- How do we handle pre-existing conditions?
- What about customers who refuse to sign?
Common Documentation Patterns
While your solicitor will advise on specific wording, here are patterns we see in the industry:
The Informed Consent Model
This approach focuses on ensuring customers understand the nature of services:
- Clear description of what the service involves
- Disclosure of inherent risks (handling, restraint, other animals)
- Acknowledgment that the customer has provided accurate health information
- Agreement to follow pickup/drop-off procedures
The Risk Acknowledgment Model
This adds customer acknowledgment of specific risks:
- Customer confirms they understand certain risks
- Customer confirms the pet is healthy and suitable for the service
- Customer agrees to inform staff of behavioural issues
The Combined Approach
Many businesses use a combination:
- Information section: What the service involves
- Acknowledgment section: Customer confirms understanding
- Agreement section: Terms of service (cancellation, payment, pickup)
- Waiver section: Limited waiver for negligence claims (where permissible)
Digital vs Paper Collection
How you collect signatures matters for both legal and operational reasons.
Paper Forms
Pros:
- Physical signatures feel "official"
- Customers have time to read in person
Cons:
- Storage and retrieval challenges
- Easy to lose or damage
- Time-consuming at check-in
Digital Collection
Pros:
- Stored securely in the cloud
- Easily retrieved if needed
- Completed before arrival (less lobby congestion)
- Timestamped and tracked
Cons:
- Customers may click through without reading
- Must ensure the process is legally valid for electronic signatures
How Petboost Helps
Petboost allows you to collect digital intake forms and terms acceptance before the customer arrives. The customer completes forms through the portal, acceptance is timestamped, and records are stored securely. This doesn't replace proper legal documentation, but it does ensure you have a system for collecting and storing it.
Industry Considerations by Service Type
Different services carry different risks:
Grooming
Key disclosures often include:
- Handling and restraint requirements
- Potential for nicks or cuts (particularly matted coats)
- Coat condition assessment and pricing
- Drying and heat exposure
Daycare
Key disclosures often include:
- Interaction with other dogs
- Supervision ratios and methods
- Play styles and grouping
- Bite and injury protocols
Walking
Key disclosures often include:
- Off-leash areas (if applicable)
- Weather conditions
- Group walking with other dogs
- Emergency procedures
Boarding
Key disclosures often include:
- Sleeping arrangements
- Feeding protocols
- Medical care procedures
- Escape prevention measures
When Terms Get Tested
Terms of service typically become relevant when something goes wrong. Consider these scenarios:
Scenario 1: A dog is injured during grooming due to staff negligence. Even with a signed waiver, the business may be liable because Australian Consumer Law requires services be provided with due care and skill.
Scenario 2: A dog has a pre-existing skin condition that worsens after grooming. If the customer disclosed the condition and the business proceeded appropriately, terms that require accurate health disclosure become relevant.
Scenario 3: Dogs in daycare have a scuffle. Clear terms about inherent risks of group play, combined with evidence of appropriate supervision, support the business's position.
Action Steps
Review your current documentation. When was it last updated? Who drafted it?
Consult a solicitor. This is not an area for DIY. A few hundred dollars for proper legal advice is worthwhile.
Ensure consistent collection. Whatever terms you use, make sure every customer agrees to them before service.
Keep records. Digital systems make storage and retrieval straightforward.
Train your team. Staff should understand what customers have agreed to and what it means.
The Bottom Line
"Sign here" is just the beginning, not the end, of risk management. Effective documentation requires understanding the difference between informing customers (disclaimers) and attempting to transfer liability (waivers), while recognising the limits Australian law places on both.
The best approach? Consult a solicitor who understands pet businesses, create appropriate documentation, and use systems that ensure consistent collection and storage.
Ready to Streamline Your Intake Process?
While Petboost can't provide legal advice, we can help you collect and store documentation digitally. Self-service intake forms ensure customers complete paperwork before arrival. Every submission is timestamped and stored securely.
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Learn more about customer intake or see our pricing.
