Out and About Pet Services, LLC: Service Contract
Whereas the Owner wishes to engage the Walker and the Walker agrees to undertake the services under the terms and provisions defined in this Dog Walking Contract as well as information supplied by owner on the Pet Sit Click client portal which shall all become part of this Contract. Any reference to dogs or pets in this contract shall refer to those specified within the client portal supplied by the owner on Pet Sit Clickâs website.
1. Relationship and Responsibilities
1.1. It is expressly understood that the Owner retains the services of the Walker as an Independent Contractor and not as an employee. The Walker shall be responsible for his/her insurance and all statutory declarations and payments with regard to income tax and VAT where applicable.
1.2. The Walker undertakes to perform the agreed-on services in an attentive, reliable and caring manner and the Owner undertakes to provide all necessary information to assist in this performance.
1.3. The Walker undertakes to notify the Owner of any occurrence pertaining to the dog which may be relevant to the care and well-being of the dog.
1.4. The Walker will supply and be equipped with a scooper or waste bags and will duly remove the dog's feces from all public places.
1.5. The Walker reserves the right to walk other compatible dogs at the same time but undertakes to limit the number of dogs walked with one person to 4 (four).
1.6. The Owner will provide suitable harnesses, collars and leads as approved by the Walker as well as coats or muzzles, if required.
2. Compensation
2.1. The Walker shall be paid the amount specified on the service invoice supplied by Out and About Pet Services.
3. Duration
3.1. This Dog Walking Contract shall come into effect on the day accepted through the service request section of the Pet Sit Click client portal.
OR
B. Terminate when either party gives 7 (seven) days written notice of termination.
4. Cancellation or Early Termination of Daily/Weekly Dog Walking Service and Pet sitting Service
4.1. Either party may terminate this Dog Walking Contract a minimum of 24 hours prior to the first scheduled visit without incurring penalties or damages. This applies to our thirty-minute daily dog walking service and the Unplugged Experience. A minimum of 72 hours prior to the first scheduled visit is required for our forty five minute pet sitting service. Less than 72 hours notice of a cancellation of a pet sitting service will result in a 25% surcharge of the total amount due. During a holiday, the pet sitting service will require a 7 day in advance cancellation. Less than 7 days notice during a holiday will result in a full-service charge at the rate listed on our client portal.
4.2. Cancellation by the Owner of scheduled daily/weekly walks or The Unplugged Experience with less than 24 hrs notice will be charged at the full rate.
4.3. Where the Walker as sole proprietor needs to cancel a scheduled walk due to unforeseen circumstances, he/she may appoint a substitute Walker.
4.4. Should any dog become aggressive or dangerous, the Walker may terminate this dog walking contract with immediate effect.
4.5. Any wrongful or misleading information listed on the client portal of Pet Sit Click may constitute a breach of terms of this Dog Walking Contract and be grounds for instant termination thereof.
4.6. Termination under the circumstances described in 4.4 or 4.5 above shall not entitle the Owner to any refunds nor relief of any outstanding payments due.
5. Liability
5.1. The Walker will carry liability insurance relative to the services performed for the Owner. A copy of the insurance policy has been made available to the Owner and the Owner acknowledges that he/she is familiar with its content.
5.2. The Walker accepts no liability for any breach of security or loss of or damage to the Owner's property if any other person has access to the property during the term of this agreement.
5.3. The Walker shall not be liable for any mishap of whatsoever nature which may befall a dog or caused by a dog who has unsupervised access to the outdoors.
5.4. The Owner shall be liable for all medical expenses and damages resulting from an injury to the Walker caused by the dog as well as damage to the Owner's property.
5.5. The Walker is released from all liability related to transporting dog(s) to and from any veterinary clinic or kennel, the medical treatment of the dog(s) and the expense thereof.
6. Indemnification
The parties agree to indemnify and hold harmless each other as well as respective employees, successors and assigns from any and all claims arising from either party's willful or negligent conduct.
7. Emergencies
In the event of an emergency, the Walker shall contact the Owner at the numbers provided to confirm the Owner's choice of action. If the Owner cannot be reached in a timely manner, the Walker is authorized to:
7.1. Transport the dog(s) to the listed veterinarian;
7.2. Request on-site treatment from a veterinarian;
7.3. Transport the dog(s) to an emergency clinic if the previous two options are not feasible.
Should any pet become aggressive or dangerous, the Sitter may:
7.4. Arrange with the pet's Guardian to assume responsibility for the pet until the Owner's return;
7.5. Place the pet into a kennel or animal care facility at the Owner's expense if the Guardian is unable or unwilling to assume responsibility for the pet.
7.6. In either event as described in 7.4. and 7.5. above, this contract shall be deemed terminated unless the Sitter agrees to continue with other home caring duties and/or caring for other listed pets at no reduction in compensation.
8. Security
The Walker warrants to keep safe and confidential all keys, remote control entry devices, access codes and personal information of the Owner and to return same to the Owner immediately upon demand.
9. Relaxation of Terms
No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
10. Whole Agreement
This Dog Walking Service contract and the information supplied on our client portal on the Pet Sit Click website or app, constitute the sole and entire agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Any alteration to this agreement must be in writing and signed by both parties.
11. Assignment
No party may assign any of its rights or delegate or assign any of its obligations in terms of this Dog Walking Contract without the prior written consent of the other party, except where otherwise stated.
12. Binding Effect
The terms of this Contract shall be binding upon and accrue to the benefit and be enforceable by either party's successors, legal representatives and assigns.
13. Governing Law
This Contract and Agreement shall be construed, interpreted and governed in accordance with the laws of the State of New Jersey and should any provision of this Contract be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.
14. General
The parties agree that any or all parts of this agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.
Paragraph headings are for convenience of reference only and are not intended to have any effect in the interpretation or determining of rights or obligations under this agreement.
Where appropriate words signifying one gender shall include the other and words signifying the singular shall include the plural and vice versa.
