Pet Care Services Contract
You, the client, desires to engage Leah's Pet Sitting, LLC, its employees, members, agents, representatives, contractors, successors and assigns (hereinafter “Leah's Pet Sitting” to provide care and services as set forth in the online pet care plan and profile, to be completed by Client in advance of any services being rendered, with said pet care plan and profile incorporated herein by reference as if set forth fully herein. As identified in the online pet care plan and profile, Leah's Pet Sitting agrees to provide Pet Care Services in accordance with the terms and conditions of this Service Agreement (hereinafter referred to as the “Agreement.”).
In consideration and pursuant to the following terms and conditions, and other good and valuable consideration hereby acknowledged by the parties hereto, Client and Leah's Pet Sitting agree as follows:
1. Rate. Client authorizes and engages Leah's Pet Sitting to perform the Services as set forth in the online pet care plan and profile for the time period(s) as requested by Client for the rates set forth in the Client's Rate Profile, incorporated herein and attached hereto. During any scheduled period, fees for Pet Care Services will be calculated from the time Leah's Pet Sitting's enters the residence. Leah's Pet Sitting may, in its sole discretion, increase fees for its Pet Care Services. Leah's Pet Sitting shall provide written or electronic notification of a rate increase to Client at least fourteen (14) days prior to said rate increase taking effect.
2. Billing. Clients will be billed for each Pet Care Service visit electronically or with a written invoice.
3. Cancelation Policy. So long as the Client notifies Leah's Pet Sitting at least thirty (30) minutes prior to the Scheduled Period, there is no cancellation fee. If Client cancels after thirty (30) minutes prior to the Scheduled Period, Client will be charged the normal Rate.
4. Emergency or Unsafe Conditions. In the event of an emergency, such as but not limited to, severe weather, fire, natural disasters, gas leak, injured pet, etc., Leah's Pet Sitting will make every attempt to contact Client. In the event that Leah's Pet Sitting cannot contact the Client, Client hereby authorizing Leah's Pet Sitting to take all measures deemed necessary or advisable by Leah's Pet Sitting in its sole and absolute discretion to care for Client's pets and/or to protect its employees, Client's pets or Client's home and property. Client agrees to defend, indemnify, and hold harmless Leah's Pet Sitting, its employees, members, agents, representatives, contractors, successors and assigns affiliates, contractors, subcontractors, from any and all liabilities, claim and expenses, including reasonable attorney's fees, that arise from or relate to such decisions and/or actions. In the event of such an emergency, Client shall be immediately notified of any expenses incurred and Client shall immediately reimburse Leah's Pet Sitting for the same, including an hourly rate of Thirty Dollars ($30.00) per hour for any time spent by Leah's Pet Sitting in dealing with, addressing or responding to such emergency.
5. Illness or Injury. In the event of a severe illness or injury to Client's pet, Leah's Pet Sitting will make every attempt to contact Client. In the event the Client cannot be reached, Client authorizes Leah's Pet Sitting to seek veterinary/medical treatment for Client's pet(s). Client understands that every effort will be made to take Client's pet(s) to the veterinarian specified in the Pet Care Plan, however Leah's Pet Sitting has the authority to seek treatment at any veterinary clinic/practice for services in the amount up to $500.00 dollars. Client hereby agrees to defend and indemnify Leah's Pet Sitting for any veterinary fees and all related costs, including time and transportation within ten (10) days.
6. Bites/ Animal Attack. Client understands that animals and pets are unpredictable and that Leah's Pet Sitting will not be held responsible for any injury or damage caused by Client's pet(s) including but not limited to damages or injuries caused by Client's pet. Should Client's pet bite or otherwise injure an agent, employee, member, representative, contractor, successor, assigns, affiliates, contractor, or subcontractor of Leah's Pet Sitting, Client agrees to pay all medical costs and lost wages incurred by the agent due to such injury.
7. Access. Client is responsible for providing keys and/or other appropriate access to their home. Leah's Pet Sitting will not make copies of any keys provided to them. Any fees or expenses incurred to obtain access to Client's home, including any locksmith fees as a result of not providing suitable access, is the financial responsibility of the Client. If a Client has no service activity for a period of twelve (12) consecutive months, Leah's Pet Sitting will dispose of Client's key. Under no circumstances shall Leah's Pet Sitting be liable for any injury or damages as a result of the Pet having unsupervised access to the outdoors.
8. Payment. All invoices are due within 14 days from the date of issue. Any unpaid invoices shall be subject to a late fee of $10 if the invoice remains unpaid after thirty (30) days from the date of issue. Any invoices that remain outstanding ninety (90) days after the date of issue shall be subject to a $50 late fee, assessed for each additional thirty (30) days the invoice remains unpaid.
9. Recording and Expectation of Privacy. Client understands that Leah's Pet Sitting, its employees, members, representatives, agents, contracts and assigns, have a reasonable expectation of privacy in certain areas in Client's homes. As such, no device(s) will record anything done or said in any bathroom(s) or shower(s) in Client's home. In addition, when Leah's Pet Sitting is performing overnight pet sitting services, Client agrees that there will be no audio or video recording of any kind in any area where Client has agreed to allow Leah's Pet Sitting's employees, members, representative, agents, contracts and assigns to sleep (i.e., the assigned bedroom or sleeping area).
10. Representations and Warranties. Client represents and warrants that all pets are currently trained, non-aggressive, capable of receiving the services detailed in the Pet Care Plan, and vaccinated in accordance with all local state laws and regulations. Client agrees to indemnify, defend, and hold harmless Leah's Pet Sitting from any and all liabilities, claims and expenses, including reasonable attorney's fees, that arise from, relate to or are caused by the Client's pet, including without limitation property damage and personal injury or death caused by Client's pets.
11. DISCLAIMER OF WARRANTIES. LEAH'S PET SITTING PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES IT RENDERS AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICUAR PURPOSE. IN CONSIDERATION OF THE SERVICES AND AS AN EXPRESS CONDITION THEREOF, THE CLIENT EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL CLAIMS AND LIABILITIES OF ANY KIND AND NATURE WHATSOEVER AGAINST LEAH'S PET SITTING NOT ARISING FROM OR RELATING TO THE SERVICES RENDERED PURSUANT TO THIS AGREEMENT, EXCEPT THOSE ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LEAH'S PET SITTING. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LEAH'S PET SITTING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE IN CONNECTION WITH THE AGREEMENT, EVEN IF LEAH'S PET SITTING HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LEAH'S PET SITTING TOTAL AND AGGREGATE LIABILITY FOR ANY DAMAGES, CLAIMS OR LIABILITIES EXCEED THE AMOUNT PAID BY CLIENT TO LEAH'S PET SITTING.
12. Termination. Either party may terminate this Agreement at any time for any reason by providing the other party with written notice of such termination. Leah's Pet Sitting reserves the right to terminate this Agreement without notice and at any time if it determines, in its sole discretion, that Client's pet(s) pose a danger to the health and/or safety of Leah's Pet Sitting, employees, members, agents, representatives, contractors, successors and assigns.
13. Amendment. This Agreement may be amended only by an instrument in writing signed by the parties.
14. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties to this Agreement.
15. Attorney's Fees. If either party retains an attorney to enforce this Agreement, the prevailing party is entitled to recover reasonable attorney's fees, court and other costs, and related expenses.
16. Entire Agreement. This Agreement, along with the Pet Care Plan, shall constitute the entire agreement between the parties. The validity, construction and performance of this Agreement shall be governed and construed in accordance with the substantives laws of the State of Texas. If any provision of this Agreement is rendered invalid under the laws of the State of Texas, the remaining provisions of this Agreement shall remain in full force and effect to the extent permissible.
17. Signature. By signing below, I represent and warrant that I have read the entirety of this Agreement and intend to be bound by all terms and conditions set forth herein.