This KENNELWOOD HOUSING AGREEMENT ("Agreement") is made effective this 11th day of January, 2025 between KENNELWOOD ACADEMY FOR PROFESSIONAL DOG TRAINERS LLC. ("Kennelwood") and
. Each of Kennelwood and Student, a “Party” and collectively, the “Parties”.
A. Student has entered into a Student Enrollment Agreement with Kennelwood (“Enrollment Agreement”).
B. Student has requested to live in housing provided by Kennelwood or its affiliate (“Kennelwood Housing”) to make it more convenient for Student to attend the program pursuant to the Enrollment Agreement.
C. Kennelwood is willing to permit Student to live in Kennelwood Housing but only pursuant to the provisions of this Agreement.
THEREFORE, the Parties agree as follows:
1. INCORPORATION: The Recitals are fully incorporated herein.
2. THE PREMISES: Kennelwood will lease to Student and Student agrees to lease from Kennelwood, a specific premise within Kennelwood Housing chosen by Kennelwood (the “Premises”).
3. TERM: The term of this Agreement (“Term”) will begin on 1/11/25 and end on the earlier of: (a) the sixth month anniversary of the Effective Date; and (b) date upon which Student is no longer enrolled pursuant to the Enrollment Agreement.
4. SECURITY DEPOSIT: Student will deposit $650.00 as a security deposit with Kennelwood prior to Student’s move into the Premises (the “Security Deposit”).
5. RENT: The rent is $_650.00_ a month (“Rent”). The first month’s Rent will be due on the earlier of: (a) 5 days prior to the date Student moves into the Premises; and (b) 1/11/25 (the “Rent Commencement Date”). Each subsequent month’s Rent will be due on or before each subsequent month anniversary of the Rent Commencement Date until six installments of Rent have been fully and timely paid. This number will be extended by any extensions of this Agreement.
6. PAYMENT METHOD: Student will personally deliver or mail the Security Deposit and Rent to Kennelwood at 1556 Clearview Road, Union, MO 63084 or 1875 Lackland Hill Parkway, St. Louis, MO 63146 so that the Security Deposit and all Rent is physically received by Kennelwood on or prior to its due date. The Security Deposit and Rent may be paid by cash, check or credit card.
7. FAILURE TO PAY OR PERFORM: Failure to timely pay the Security Deposit or Rent or a breach of any other provision of this Agreement by Student will permit Kennelwood to: (a) sue Student for breach of this Agreement and/or eviction; (b) terminate the Term; (c) pursue any other legal or equitable remedy available to Kennelwood for Student’s breach; and/or (d) recover all damages, costs and expenses incurred by Kennelwood as a result of Student’s breach. Kennelwood will select any course of action in its complete discretion. Kennelwood’s remedies will not be limited to any course of action. Student will pay all costs and expenses incurred by Kennelwood in pursuing Student for or in connection with any breach by Student of this Agreement. Such costs and expenses will include but not be limited to all attorney’s fees and court costs.
8. USES: Kennelwood will allow Student to have up to 2 dogs co-habitat the Premises with Student. Student will use the Premises solely as a temporary residence for Student and Student’s dogs and for no other
purpose. No portion of the Premises will be sublet. This Agreement and the rights and duties of Student are not assignable or delegable by Student. Student will not use or allow the Premises to be used for any disorderly or unlawful purposes and will comply with all applicable laws and ordinances. The Term of this Agreement may be terminated at the option of Kennelwood in case of any nuisance, excessive noise, disturbance or conduct offensive to any other occupant of the building in which the Premises is located. Student agrees not to allow controlled substances or illegal drugs of any type or paraphernalia used in connection with such substances on or in the Premises. Student is responsible for any damage to the Premises caused by Student’s dogs. The Security Deposit may be used to repair those damages but are not a limit on damages or liability.
9. NON-EXCLUSIVE: Student understands that Student’s use and habitation of the Premises will not be exclusive but will be shared with other students and their dogs.
10. VEHICLE PARKING: There is common parking for the Premises. Student will not park more than 1 standard size vehicle in the common parking.
11. SMOKING: Smoking in the Premises is absolutely prohibited and will be grounds for immediate termination of the Term by Kennelwood and Kennelwood will have all other legal and equitable remedies available to it.
12. CONTINUING LIABILITY: Notwithstanding anything to the contrary contained in this Agreement, any termination of the Term by Kennelwood due to a breach by Student of this Agreement will not impact Student’s ongoing liability for all Rent and other amounts due pursuant to this Agreement as if the Term had not been terminated.
13. SECURITY: The Security Deposit is to help ensure full compliance by Student of all provisions of this Agreement. Student cannot use the Security Deposit for any payment of Rent or other obligations. If Student fails to comply with any provisions of this Agreement, Kennelwood may use any part of or retain all of the Security Deposit for the payment of the following: Rent, any unpaid administrative or other charges, utilities, any amount Kennelwood may expend because of Student’s noncompliance with this Agreement, including any damages or deficiency in the releasing of the Premises, whether accruing before or after reentry by Kennelwood. Within 30 days after termination of the tenancy and Student’s vacating the Premises, Kennelwood will return to Student any remaining amount of the Security Deposit (or a statement showing charges to be paid against the Security Deposit) provided Student has performed all obligations under this Agreement, returned all keys and surrendered the Premises in the same condition as at the beginning of the Term, except for reasonable wear and tear. If during the Term, including any extension, renewal or holdover, any part of the Security Deposit to satisfy Student’s obligations pursuant to this Agreement, Student will immediately deposit with Kennelwood a sum equal to the amount used so that the full Security Deposit is on hand at all times during the Term.
14. CONDITION OF PREMISES: Student accepts the Premises “as is”, in working order and good condition. Student will, at the expiration of the Term, surrender possession of the Premises in as good order and repair as the same are at this date, ordinary wear and tear excepted.
15. CERTAIN DAMAGES: Student will not destroy, deface damage, impair, or remove any part of the Premises, nor permit any person to do so. Student will pay for any repairs or replacements made necessary due to deliberate, accidental or negligent acts or omissions of Student, Student's family or guests. Student will promptly report in writing to Kennelwood any defect, damage, or breakage. Failure to report will make Student liable for the repair of any damage. This provision does not obligate Kennelwood to repair or correct such defects, breakage, malfunction or damage. Notification to Kennelwood by phone and follow-up with email is preferred. The cost of any unnecessary service calls and any costs incurred as a result of Student failing to keep appointments with service persons who require access to the Premises in order to make scheduled repairs will be Student’s responsibility. Any request for repair is understood to mean that permission to enter the Premises to make the repair has been given by Student.
16. CERTAIN RISKS: Student's personal property located or stored at the Premises will be at Student's sole risk. Student will indemnify and hold harmless Kennelwood and each owner of the Premises from any loss or damage to such personal property. Neither Kennelwood nor any owner of the Premises will be liable for any injury, damage or loss resulting from any accident or occurrence in or upon the Premises and Student will indemnify, hold harmless and defend Kennelwood and each owner of the Premises for and against same.
17. ENFORCEMENT, WAIVER, and SEVERABILITY: Student will pay all costs, expenses, fees, and charges incurred by Kennelwood in enforcing, by legal action or otherwise, any of the provisions of this Agreement, including the payment of reasonable attorneys' fees, and Student hereby waives the benefit of any homestead or similar exemption laws with respect to the obligations of this Agreement. No waiver of any breach of any provision contained in this Agreement or compromise or settlement relating to such a breach will operate as a waiver of the provision itself or any subsequent breach. All individual provisions in this Agreement will be severable. If any one or more such provision is determined by any court or administrative body to be unenforceable, or to be in conflict with any law of any applicable jurisdiction such determination will have no impact whatsoever on the remaining provisions of this Agreement. In the event that the provisions of any applicable statute apply to this Agreement and are inconsistent with the provisions of this Agreement, the provisions of the applicable statute will control and this Agreement will be deemed to be amended to comply with such provisions.
18. ACCESS TO THE PREMISES: Kennelwood or its designated representatives / agents, upon reasonable notification to Student (generally 24-hour advance notice) and at reasonable times, may enter the Premises, whether or not Student is present, in order to do any of the following: (a) inspect the Premises; and (b) make necessary or agreed upon repairs, decorations, alterations, or improvements. Whenever reasonably possible, Kennelwood will make arrangements for contracted workers to coordinate with Student the time and date when workers may enter the Premises in order to accomplish repairs or services. It then will be Student's responsibility to insure that these workers have access to the Premises at a time and date convenient to both Student and workers during the regular business hours of the firm doing the work. If Student refuses to allow or prevents access, Student will bear any additional expense, such as after-hours or overtime fees, incurred by Kennelwood. Refusal of Student to allow access is a breach of this Agreement. Kennelwood may take legal action to compel access or may terminate the Term. In case of emergency, where it is impractical for Kennelwood to give reasonable notification to Student of Kennelwood's intent to enter the Premises, or in case the Premises have been vacated, abandoned, or surrendered by Student, the Premises may be entered by Kennelwood or its representatives / agents without notification and without the consent of Student.
19. ALTERATIONS AND IMPROVEMENTS: Student will not make any alterations, improvements or additions to the Premises.
20. NOTICES: Notices will be provided to Student via hand-delivery or e-mailed to Student’s address which Kennelwood has on record.
21. CHECK-OUT INSPECTION: Kennelwood will be permitted to perform a check-out inspection of the Premises. The inspection will be made to determine what portion of the Security Deposit will be returned to Student and whether Student may be liable for damages exceeding the amount of the Security Deposit. Student must return all keys to the Premises to Kennelwood at the expiration nor termination of the Term.
22. MISCELLANEOUS: This Agreement is binding on, and may be legally enforced by the Parties, their heirs, executors, administrators, successors and permitted assigns, respectively. The captions and headings are for convenience of reference only. This Agreement contains the final and entire agreement of the Parties relating to Student’s use and occupation of the Premises. Any provision of this Agreement may be modified, waived or discharged only in writing signed by the Party against which enforcement of such modification, waiver, or discharge is sought. This Agreement may be assigned and delegated by Kennelwood upon written notice to Student. After such assignment and delegation, Kennelwood will have no further liability pursuant to this Agreement. This Agreement may not be assigned or delegated by Student.
23. FIRE OR CASUALTY DAMAGE: In the event the Premises are damaged by fire or casualty, Kennelwood may repair the damage within a reasonable time after notice of damage from Student or terminate the Term by notice to Student. If fire or casualty was caused by the negligent or intentional act or omission of Student or Student's family, guests or invitees, Student will not have the right to terminate the Term and Student will be liable for Rent through the Term and all damages caused by such act or omission.
24. COUNTERPARTS: This Agreement may be signed and delivered in counterparts and by electronic mail. Any electronic signature will be deemed and original.
WHEREFORE, the Parties have entered into this Agreement as of the Effective Date.
KENNELWOOD ACADEMY FOR DOG TRAINERS LLC.
Signature: Emily Hays, Duly Authorized