Question
Karen is an avid dog fancier. She has a number of dogs that she grooms and trains for dog shows. Her dogs have done quite
Karen is an avid dog fancier. She has a number of dogs that she grooms and trains for dog shows. Her dogs have done quite well in dog shows and she has had several 'best in show' awards. Her prize dog is Fifi, a little Shih Tzu. Fifi has won numerous awards. Karen wishes to enter Fifi in the upcoming annual town show and Karen believes that Fifi has good prospects of winning the best in show award that comes with prize money of $10,000.00. Last year, Fifi actually won the best in show award. On Wednesday, a few days before the show, Karen decides to take Fifi to her regular dog groomer, Fiona. Fiona is also one of the sponsors of the annual dog show. Fiona has a special package that she has advertised on her website as follows:
"Special Wednesday Package: Bring in your pooch for a pamper session! For $100 your dog will get a luxurious bath, blow dry, brush, haircut, nail cut and teeth clean. Normally this will cost you $200! Hurry. This offer is limited to the first 5 customers!"
Karen makes sure that she is the first customer waiting when Fiona opens her grooming salon at 9am. Karen mentions the web page special and asks for the Special Wednesday Package. Fiona tells her that unfortunately, that special applied to the Wednesday of the week before and does not apply to this Wednesday. In any case, says Fiona, the web promotion is just 'sales talk' and is not really an offer. Fiona says that, because Karen is such a loyal customer, she will do the package for $150. Karen is upset because the web promotion does not mention any dates or state that the package was for last Wednesday, but she has to get Fifi ready for the show and so she agrees to pay $150 for the package. She tells Fiona that Fifi must be ready by 12 noon sharp. When Karen arrives at 12 noon to fetch Fifi, she is annoyed to find that Fifi is not ready until 12:15pm. When Fiona hands Fifi to Karen she says that Fifi was quite aggressive, and they could not clean her teeth. Karen also notices that one of Fifi's nails has not been cut. Karen is furious and says that because Fiona did not finish Fifi on time, did not clean her teeth and did not cut all her nails, she is not paying anything! She grabs Fifi and storms out of the shop. However, on her way out she trips on some loose carpeting and falls, landing on top of Fifi. Karen is not injured but Fifi breaks a leg! Karen gathers up Fifi and rushes to the Vet.
Fiona says that Karen must pay the $150 as she has provided the requested services. She also says that she will not pay any compensation because there is a sign on the wall visible as you are leaving the grooming salon that states" "Whilst we take all care, we are not liable for any injuries to dogs that we may cause".
does the wording of the clause would cover the harm
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