Very Important Pet Terms & Conditions
Effective Date: April 1, 2025
These Very Important Pet Terms & Conditions (the “Terms,” “Agreement,” or “Very Important Pet Terms & Conditions”) entered between you and Zen Dog Spa of Flower Mound, LLC and its subsidiaries, divisions, and affiliates (collectively, “Zen Dog Spa,” “Company,” “we,” or “us”) govern Very Important Pet (the “Subscription”) and our respective rights and obligations. By purchasing the Subscription or otherwise participating or enrolling in the Subscription, you agree to these Terms, as may be modified by Zen Dog Spa from time to time, as well as Zen Dog Spa’s General Service Agreement.
PLEASE NOTE: SECTION 14 OF THESE VERY IMPORTANT PET TERMS & CONDITIONS IS A MANDATORY DISPUTE RESOLUTION SECTION WITH AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE MANDATORY DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH ZEN DOG SPA ARE RESOLVED. YOU AGREE TO BE BOUND BY THE MANDATORY DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE VERY IMPORTANT PET TERMS & CONDITIONS CAREFULLY.
1. Subscription Offer & Benefits
The Subscription is a monthly commitment available to dog owners, as detailed below. By enrolling in the Subscription, you agree to pay the Subscription fee for the initial one-month term, which will renew automatically based on then-current terms and prices. Subscription benefits apply to costs of services only, as set forth below and as may be modified from time to time; they are not applicable to any taxes or fees. Subscription benefits apply to an individual pet; if you own multiple pets and want each pet to enjoy the benefits outlined below, you must purchase a separate Subscription for each pet. In addition, the Subscription fee and Subscription benefits differ depending on the date you enrolled and certain elections. The Subscription provides the following benefits available to you and your dog while you are enrolled in the Subscription:
BENEFITS
· Unlimited Bubble Baths. Your Subscription includes unlimited Bubble Baths for one dog at Zen Dog Spa of Flower Mound, LLC. This benefit is limited to the individual Bubble Bath service, and other services including the Bubble Bath are not included.
· At each grooming appointment, you will receive twenty percent (20%) off the listed price of any Classic Cut or Tidy Trim service. The discount is not applicable to additional services such as add-ons or packages, already discounted products, services, or other promotions, and cannot be combined with other promotions, sales, discounts, or coupons, unless otherwise indicated. The discount has no cash value. The 20% off discount will not apply to any retail products purchased (including grooming products) or grooming services for other animals who do not have a Very Important Pet subscription. Sales tax may still be due and collected at the time of your transaction.
2. Appointments Required
Appointments are required when redeeming your Unlimited Bubble Bath service, and for booking discounted Classic Cut & Tidy Trim services. Appointments are subject to availability. We recommend booking appointments on a recurring schedule (available every 2 or 4 weeks) to ensure the salon has time set aside for your dog on the schedule.
3. Conditions to Receiving Subscription Benefits.
Subscription benefits are valid only for those services identified in Section 1 at Zen Dog Spa of Flower Mound. Subscriptions are purchased on a “per pet” basis. Subscription benefits may not be shared among pets in the same household. Subscriptions are for individual, personal, and non-commercial use only, and are non-transferable. However, multiple Very Important Pet Subscriptions may be applicable if a household enrolls in individual Subscriptions for each pet in such household.
To claim a Subscription discount, or for any other Subscription benefit to apply, the Subscription must be active and in good standing at the time of your transaction. Subscribers will not be reimbursed retroactively for purchases made without an active and available Subscription at the time of purchase.
4. Subscription Term, Recurring Payment Processing, Billing and Auto Renewal.
WHEN YOU SIGN UP FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING UP FOR A MONTHLY SUBSCRIPTION. FEES PLUS APPLICABLE TAXES AND CHARGES WILL BE BILLED IN INSTALLMENTS AS DESCRIBED UPON ENROLLMENT TO THE DESIGNATED CREDIT OR DEBIT CARD ON FILE.
After your one-month term, your Subscription will automatically renew for another month at the then-current fee if you do not cancel before your monthly processing date. You can cancel your Subscription by calling the salon at (972) 691-6652 as discussed in Section 5.
Zen Dog Spa may request a pre-authorization on your payment method to ensure that the payment method is still valid. Pre-authorizations are temporary and only remain in effect until they expire or are removed as determined by your card issuer's policy. If we are unable to complete your payment with the payment method provided, we will notify you through the email address associated with your Subscription. If we are unable to complete payment with the primary payment provided, and you have opted into the backup payment method feature, Zen Dog Spa will attempt to charge any backup credit card you have added to your account. If we are unable to get an updated payment method, your Subscription will be cancelled and will remain inactive until you resume your Subscription through a customer service representative and provide an updated payment method for recurring payments. Zen Dog Spa is not responsible for any fees or charges issued by the customer's financial institution. In the event of a returned or voided payment, Zen Dog Spa will directly charge the card on file for overdue balances.
5. Cancellation.
Your Subscription is a monthly subscription. As stated in Section 4, your subscription will continue to automatically renew for one-month periods that will be billed until you cancel.
YOU MAY CANCEL YOUR SUBSCRIPTION BY CALLING THE SALON AT (972) 691-6652.
CANCELLATION OF YOUR MONTHLY SUBSCRIPTION WILL APPLY AT THE END OF YOUR TERM AND YOUR SUBSCRIPTION TERM WILL NOT BE RENEWED.
You will be billed for the duration of your one-month term and continue to have access to all Subscription benefits throughout the remainder of your monthly Subscription term. Cancellations must be made before the monthly processing date identified in your account and will be effective as of your monthly processing date.
6. Termination by Zen Dog Spa.
We reserve the right to revoke or cancel your Subscription for any reason at any time, without notice and without any liability, including as a result of violation of the Very Important Pet Terms, or violation of any other applicable terms and conditions, including the Zen Dog Spa General Service Agreement. If we do so, you will only be charged a prorated Subscription fee for the active portion of your membership, unless your membership was terminated due to misuse or abuse of program benefits.
7. Taxes
We will collect applicable taxes on the Subscription for which we determine we have a duty to collect such taxes. Taxes and any other charges are separate from the base price of the Subscription.
8. Refunds.
We do not offer full or partial refunds for our Subscription program.
9. Subscription Changes.
Zen Dog Spa reserves the right to cancel or modify the Subscription and/or any of these Very Important Pet Terms at any time, including, without limitation, to modify the Subscription fee, to modify benefits included, and/or to change benefit fulfillment processes, after your initial month. If you do not agree with the change, you may cancel your Subscription within 30 days of receipt of notice of the applicable Subscription change. If you do not cancel your Subscription within 30 days of the change taking effect your Subscription will be renewed at the price and terms in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
10. Ownership.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) from the Site and associated with the Subscription, are owned, controlled, or licensed by Zen Dog Spa, its affiliates, or by third parties who have licensed their materials to Zen Dog Spa and are protected by U.S. and international trademark and copyright laws.
11. Indemnity.
To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold Zen Dog Spa and its respective officers, directors, employees, agents, information providers, licensors and licensees, and partners, harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Subscription or your violation of this Agreement. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, SHALL ZEN DOG SPA OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, OR ACCURACY OF RESULTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ZEN DOG SPA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZEN DOG SPA’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE FEES PAID BY YOU FOR YOUR SUBSCRIPTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
THE SUBSCRIPTION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ZEN DOG SPA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13. Mandatory Dispute Resolution (Including Arbitration; Class Action Waiver; Jury Trial Waiver).
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
Disputes
Any dispute or claim arising out of or relating to these Terms, your use of the Services, or your relationship with Zen Dog Spa or any past, present, or future subsidiaries, parents, affiliates, employees, officers, directors, agents, successors, representatives, or assigns, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute”) will be resolved through binding individual arbitration as set forth in these Terms, except that either you or Zen Dog Spa may initiate a Dispute in or take a Dispute to small claims court, so long as that Dispute is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The term “Dispute” shall be interpreted broadly and includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.
In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These Terms and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
Costs of Arbitration
Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
Class Action Waiver; Jury Trial Waiver
YOU AND WE EACH AGREE THAT ANY ARBITRATION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZEN DOG SPA WAIVE THE RIGHT TO A JURY TRIAL.
14. Choice of Law/Forum Selection.
This Agreement will be governed in accordance with the laws of the State of Texas without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and Zen Dog Spa hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Texas for the adjudication or disposition of any claim, action or dispute arising out of the Subscription or this Agreement. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 15.
15. Waiver.
The failure of Zen Dog Spa to partially or fully exercise any rights or the waiver of Zen Dog Spa of any breach of this Agreement by you shall not prevent a subsequent exercise of such right by Zen Dog Spa or be deemed a waiver by Zen Dog Spa of any subsequent breach by you of the same or any other term in this Agreement. The rights and remedies of Zen Dog Spa under this Agreement and any other applicable agreement between you and Zen Dog Spa shall be cumulative, and the exercise of any such right or remedy shall not limit any of Zen Dog Spa’s other rights or provisions. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation except as expressly set forth in this Agreement and you agree that you shall have no remedy with respect to any such representation not included in this Agreement.
16. Severability & Survival
Except as provided in Section 15, each provision of this Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.
The provisions relating to Ownership, Indemnity, Limitation of Liability, Mandatory Dispute Resolution, and Choice of Law/Forum Section shall survive any termination of this Agreement.