Here's why I say two of the options seem applicable (from the boarding agreement):
1. I understand that I am solely responsible for any harm caused by my dog(s) while my dog(s) is/are attending XXXXX Daycare, Inc.
2. I further understand and agree that XXXXX Daycare, Inc.’s Dog Daycare is a cage-free facility and my dog(s) will play in open areas with other dog(s). I accept the inherent risks involved and agree that XXXXX and their staff will not be liable for any problems which develop, provided reasonable care and precautions are followed, and I hereby release them of any liability of any kind whatsoever arising from my dog(s) attendance and participation at XXXXX, Inc.’s Dog Day care.
Obviously, this rules out option 2 (which is why I said I was looking at this more "ethically" rather than "legally"). OTOH, just from a business standpoint, if I were the owner, I may have eaten a $120 vet bill without even asking for a customer that spends more than $1K a year on boarding.