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PET SITTING AGREEMENT

 

This pet sitting agreement is between______________________________________, an individual (the “Owner”), and NELLIE'S PET CARE, a sole proprietorship (the “Sitter”).

 

The Owner is the owner of the following animals: ___________________________________________________________________________

 

The Sitter is an experienced pet sitter.

 

The parties agree as follows:

 

1.       ENGAGEMENT; SERVICES.

 

(a)    Engagement. The Owner retains the Sitter to provide, and the Sitter shall provide any/all services as required by Owner within the scope of Sitter’s area of expertise.

 

(b)   Services. Without limiting the scope of Services as required by Owner within the Sitter’s area of expertise, the Sitter shall:

 

(i)     devote as much productive time, energy, and ability to the performance of her duties under this agreement as may be necessary to provide the required Services in a timely and productive manner

 

(ii)   perform the Services in a reliable, caring, and trustworthy manner using fully-trained, skilled, competent, and experienced personnel;

 

(iii) perform the Services in accordance with standards prevailing in the Sitter’s industry, and in accordance with applicable law, rules, or regulations, and obtain all permits or permissions required to comply with those standards, laws, rules, or regulations;

 

(iv) pay all ordinary and necessary expenses of, and provide insurance coverage, for its staff;

 

(v)   carry out all the Owner’s instructions as to the care of the Pet(s);

 

(vi) make every reasonable effort to ensure the good health and comfort of the Pet(s) while abiding by the instructions of the Owner;

 

(vii)  communicate with the Owner regarding the Sitter’s performance of the Services;

 

(viii)   provide services (including the Services) that are satisfactory and acceptable to the Owner;

 

(ix) refrain from unlocking or opening doors or gates on the Owner’s property for anyone at any time.

 

(b)   Owner’s Obligations. The Owner shall:

 

(i)     make timely payments of amounts earned by the Sitter under this agreement;

 

(ii)   provide a set of working keys to the Owner’s home for the Sitter to carry and/or provide an alternate way to for sitter to enter and exit the Owner's home.

 

(iii) provide sufficient instructions to arm and disarm any burglar alarm system in the Owner’s home;

 

(iv) “pet-proof” the Owner’s home and yard and secure any gates, latches, or fences prior to leaving. The Sitter is not responsible for injury, disappearance, death, or fines of the Pet(s) if they have unsupervised access to the outdoors;

 

(v)   lock all windows, screens, and doors before leaving the home unattended for the safety and security of the Pet(s), property, and the Sitter;

(vi) have sufficient pet food, medication, cleaning supplies, and other important provisions readily available to the Sitter before the Owner’s departure, and reimburse the Sitter for all resupplies of products needed for the satisfactory performance of her duties;

 

(vii)  make payment arrangements with a qualified veterinarian for veterinary consultations or procedures the Sitter incurs on behalf of the Pet(s);

 

(viii)   provide relevant information to help the Sitter in performing the Services;

 

(ix) satisfy the Sitter’s reasonable requests for assistance in her performance of the Services.

2.       TERM AND TERMINATION.

 

(a)    Term. This agreement will become effective as described in section 17. Unless it is terminated earlier in accordance with subsection 2(b), this agreement will continue indefinitely unless we make any major revisions to our pet sitting agreement which would require a new signature by our customers.

 

(b)   Termination. This agreement may be terminated:

 

(i)     by either party on provision of 30 days’ written notice to the other party, with or without cause;

 

(ii)   by either party for a material breach of any provision of this agreement by the other party, if the other party’s material breach is not cured within 30 days of receipt of written notice of the breach;

 

(iii) by the Sitter if the Sitter, in her discretion, determines that the Owner’s Pet(s) pose(s) a danger to the health or safety of herself, other Pet(s), other people, or the Sitter. If these concerns prevent the Sitter from caring for the Pet(s), the Sitter will try to contact the Owner to arrange for alternative care. If the Owner cannot be reached, the Owner authorizes the Sitter to place the Pet(s) in a licensed (or previously designated) kennel, with any resulting charges and fees (including transportation, kenneling, tranquilizing, treating, accessing, and liability) to be the Owner’s responsibility.

 

(iv) by the Owner at any time and without prior notice, if the Sitter is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Owner at, or is guilty of serious misconduct in connection with performance under this agreement.

 

(v)   automatically, on the death of the Sitter.

 

(c)    Effect of Termination. After the termination of this agreement, the Owner shall promptly pay the Sitter for Services rendered before the effective date of the termination.

 

3.       COMPENSATION.

 

(a)    Terms and Conditions. The Owner shall pay the Sitter in accordance with the agreement for services as requested by the Owner.

 

(b)   No Payments in Certain Circumstances. No payment for certain specific Services will be payable to the Sitter under any of the following circumstances:

 

(i)     if prohibited under applicable government law, regulation, or policy;

 

 

(ii)   if the Sitter did not perform certain Services to the reasonable satisfaction of the Owner in accordance with the Terms of this Contract; or

 

(iii) if the Services performed occurred after the expiration or termination of this agreement, unless otherwise agreed in writing.

 

(c)    Taxes. The Sitter is solely responsible for the payment of all income, social security, employment-related, or other taxes incurred as a result of the performance of the Services by the Sitter under this agreement and for all obligations, reports, and timely notifications relating to such taxes. The Owner shall have no obligation to pay or withhold any sums for such taxes.

 

4.       NATURE OF RELATIONSHIP.

 

(a)    Independent Contractor Status. The Sitter shall perform the Services solely as an independent contractor. Nothing in this agreement may be construed as creating a joint venture, partnership, franchise, agency, employer-employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. The Sitter is and will remain an independent contractor in her relationship to the Owner. The Owner is not responsible for withholding taxes with respect to the Sitter’s compensation under this agreement. The Sitter will have no claim against the Owner under this agreement or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits. Nothing in this agreement creates any obligation between either party and a third party.

 

(b)   Indemnification of Owner by Sitter. The Owner has entered into this agreement in reliance on information provided by the Sitter, including the Sitter’s express representation that she is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If any regulatory body or court of competent jurisdiction finds that the Sitter is not an independent contractor or is not in compliance with applicable laws related to work as an independent contractor, based on the Sitter’s own actions, the Sitter will assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Sitter or the Owner resulting from that contrary interpretation, including taxes, assessments, and penalties that would have been deducted from the Sitter’s earnings had the Sitter been on the Owner’s payroll and employed as an employee of the Owner.

 

5.       OWNER’S REPRESENTATIONS.

 

The Owner hereby represents:

 

(a)    the Owner is the actual owner of the Pet(s);

 

(b)   the Pet(s) are current on rabies vaccination and have received other regular vaccinations or satisfactory titer level results from a certified veterinarian, as documented on Exhibit B;

 

(c)    the Pet(s) have no history of vicious or violent behavior

 

(d)   the emergency contacts listed on Exhibit C (the “Emergency Contacts”) have been notified that they have been designated to make decisions on the Owner’s behalf in the case of an emergency.

 

6.       AUTHORIZATION OF EMERGENCY MEDICAL CARE.

 

If an animal health emergency occurs and neither the Owner nor an Emergency Contact can be reached, the Owner hereby authorizes the Sitter to obtain whatever emergency veterinary care for the Pet(s) that the Sitter deems necessary. A form of veterinary release to allow for this treatment is attached as Exhibit D (the “Release”). The Owner shall sign the Release on or before the date this agreement becomes effective under section 17. The Owner authorizes the Sitter to incur veterinary costs for the Pet(s) in the Owner’s name and will indemnify the Sitter from any liability arising from these charges.

 

7.       INDEMNIFICATION.

 

(a)    Of Owner by Sitter. The Sitter shall indemnify the Owner from all damages, liabilities, costs, expenses, claims, and judgments, including reasonable attorneys’ fees and disbursements (collectively, the “Claims”), that she may incur and that arise from: (i) the Sitter’s gross negligence or willful misconduct arising from Sitter’s carrying out of her obligations under this agreement; or (ii) the Sitter’s breach of any of her obligations under this agreement.

 

(b)   Of Sitter by Owner. The Owner shall indemnify the Sitter from all Claims that she may incur and that arise from: (i) the Owner’s breach or alleged breach of, or her failure or alleged failure to perform under, any agreement to which she is a party; or (ii) the Owner’s breach of any of her obligations under this agreement. However, the Owner is not obligated to indemnify the Sitter if any of these Claims result from the Sitter’s own actions or inactions.

 

8.       EXCLUSION OF LIABILITY.

 

The Sitter is not responsible for:

 

(a)    losses, fines, injuries, or deaths resulting from actions of the Pet(s), if these actions occur because the Owner has left the Pet(s) outside or has instructed the Sitter to leave the Pet(s) outside while the Sitter is not there, including Pet(s) with doggie doors or outdoor Pet(s);

 

(b)   complications suffered by the Pet(s) or the actions of the Pet(s) while they are unattended;

 

(c)    costs (including medical care and attorneys’ fees) related to the Pet(s) biting of another person or animal;

 

(d)   liability related to transportation, veterinarian treatment, and expenses for the Pet(s);

 

(e)    expenses resulting from the pet’s destructive behavior in/around the house (interior/exterior) or any house soiling; and any/all property damage due to the pet's destructive behavior.

 

(f)     damages resulting from the Sitter’s performance of additional services, including wilting or dead indoor or outdoor plants, damage to trash cans by trash service, damaged mail, or newspapers. These additional services will be performed by the Sitter specifically as requested and instructed by the Owner.

 

9.       ASSIGNMENT AND DELEGATION.

 

(a)    No Assignment. Neither party may assign any of its rights under this agreement, except with the prior oral/written consent of the other party, which consent may not be unreasonably withheld. All voluntary assignments of rights are limited by this subsection.

 

(b)   No Delegation. The Sitter’s duties under this agreement are personal, and the Sitter may not delegate any performance to another Company, under this agreement, except with the prior oral/written consent of the Owner.

 

(c)    Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section 9, it is void.

 

10.   GOVERNING LAW.

 

The laws of the state of Pennsylvania govern this agreement (without giving effect to its conflicts of law principles).

 

11.   AMENDMENTS.

 

No amendment to this agreement will be effective unless it is in writing and signed by (the “Owner”), and NELLIE'S PET CARE, (the “Sitter”).

 

 

12.   NOTICE.

 

Any notice or other communication provided for in or given under this agreement to a party will be either via email or in writing and given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective parties as follows:

 

If to the Owner:

Mailing Address ____________________________________________________

City, State Zip Code ____________________________________________________

Fax Number ____________________________________________________

Email Address ____________________________________________________

 

 

 

 

If to the Sitter:

Nellie's Pet Care

96 Commerce Dr. PMB 113

Wyomissing, PA 19610

Nellie@nelliespetcare.com

 

 

 

 

 

13.   SEVERABILITY.

 

If any provision contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

 

14.   WAIVER.

 

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

 

15.   ENTIRE AGREEMENT.

 

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.

 

16.   HEADINGS.

 

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.

 

17.   EFFECTIVENESS.

 

This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this agreement.

 

18.   NECESSARY ACTS; FURTHER ASSURANCES.

 

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

 

19. CANCELLATION POLICY

 

Nellie's Pet Care is limited in the amounts of overnights that can be scheduled and when this service is booked, Nellie's Pet Care may have had to turn down other overnight request.

Clients will be required to pay a 50% Fee if they cancel within 2 weeks prior to their scheduled departure date.

Cancelations within 1 week prior to their scheduled departure date will result in a 100% nonrefundable payment for the scheduled dates.

 

If for any reason you need to return sooner than expected, then this will result in a 100% non refundable payment for the scheduled dates. Please Understand that Nellie's Pet Care has made time for your pet(s) and may have turned down other clients, so we appreciate your understanding in this matter.

 

Cancelations for scheduled walks and or Playtime/Potty visits must be made with Nellie's Pet Care at least 24 Hours prior to scheduled service. Any Cancelations before 24 hours will result in a 100% nonrefundable payment for the scheduled service.

 

Nellie's Pet Care understands that Medical Emergencies may arise and force you to change your scheduled plans. In the event of a Medical Emergency, Nellie's Pet Care will waive all cancelation fees.

 

 

20: OTHER POLICIES

 

EMPLOLYEE SAFETY:

Nellie's Pet Care looks out for the safety of their employee(s) there for No One is to enter/ be on the property while Nellie's Pet Care is scheduled to be there other than Nellie's Pet Care's employee(s). If you have a scheduled cleaning service and or other service ,then this needs to be disclosed to Nellie's Pet Care prior to you leaving and agreed upon by both Nellie's Pet Care and the Owner. The Only time another person other than Nellie's Pet Care employee(s) may be on the property is if an emergency would arise and at that time both Nellie's Pet Care and the Owner must agree to that designated person to resolve the emergency. If at any time Nellie's Pet Care employee(s) does NOT feel safe at your property, then Nellie's Pet Care will notify you and arrange for necessary arrangements for your pet(s).

 

 

 

SURVEILLANCE CAMERAS:

Nellie's Pet Care if fine with you having surveillance cameras on and inside your home and property, however the owner must disclose ALL locations of the cameras to Nellie's Pet Care and in the event that Nellie's Pet Care would find any undisclosed camera(s) then Nellie's Pet Care has the right to terminate the agreed services provied to you immediately and your pet(s) will be placed in a certified/ Licensed kennel or boarding facility.

 

 

FIRE ARMS:

Nellie's Pet Care respects your right to have a firearm(s) to protect your property and yourself with, however we ask that ALL Firearms be placed in a locked case or locked area while Nellie's Pet Care is at your property. If you do NOT have a locked area for your firearm(s) then the location of the firearm(s) must be disclosed to Nellie's Pet Care prior to your departure and agreed upon by both parties. Nellie's Pet Care will NOT discharge your firearm(s) under ANY situation. If the need for help at your property should arise, then Nellie's Pet Care employee(s) will call 911 for assistance and rely on their services.

 

 

 

 

 

 

 

 

 

 

 

[SIGNATURE PAGE FOLLOWS]

 

Each party is signing this agreement on the date stated opposite that party’s signature.

 

Date: __________________	By: Owner Name:
Date: __________________	By: Nellie’s Pet Care

DOG WALKING AGREEMENT

 

This Dog Walking Agreement is entered into as of _________ __, 20____ by and between Janelle Briscoe of Nellie's Pet Care, and _______________________, an individual (the “Owner,” and together with the Walker, the “Parties”).

 

RECITALS

 

WHEREAS, the Owner is the owner of the following dog(s): _____________________________________________________________________________________ and

 

WHEREAS, the Owner wishes to engage the Walker as an independent contractor for the Owner for the purpose of performing certain specified tasks on the terms and conditions set forth below; and

 

WHEREAS, the Walker wishes to provide the Services (as defined below) in accordance with the terms of this Agreement; and

 

WHEREAS, each Party is duly authorized and capable of entering into this Agreement.

 

NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:

 

1.                  RESPONSIBILITIES.

 

(a)               Of the Walker. The Walker agrees to do each of the following:

 

A.    Perform the Services set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Services”).

 

B.     Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.

 

C.     Perform the Services in a reliable, caring, and trustworthy manner by fully-trained, skilled, competent, and experienced personnel.

 

D.    Carry out all the Owner’s instructions as to the care of the Owner’s Dog(s).

 

E.     Make every reasonable effort to ensure the good health and comfort of the Dog(s) while abiding by the instructions of the Owner in this regard.

 

F.      Communicate with the Owner regarding the Walker’s performance of the Services.

 

G.    Provide services (including the Services) that are satisfactory and acceptable to the Owner.

 

H.    Refrain from unlocking or opening doors and/or gates on the Owner’s property for any person(s) at any time.

 

I.        (Other): __________________________________________________________________________________________________________________

 

(b)               Of the Owner. The Owner agrees to do each of the following:

 

A.    Engage the Walker as an independent contractor to perform the Services set forth in Exhibit A to this Agreement.

 

B.     Provide a set of working keys to the Owner’s home for the Walker to carry, which keys may not be left hidden outside by either Party.

 

C.     Provide sufficient instructions to arm and disarm any burglar alarm system in the Owner’s home.

 

D.    “Pet-proof” the Owner’s home and yard and secure any gates, latches, or fences prior to leaving. The Walker shall not be responsible for injury, disappearance, death, or fines of any pet with unsupervised access to outdoors.

 

E.     Lock all windows, screens, and doors before leaving the home unattended for the safety and security of the Dog(s), property, and the Walker.

 

F.      Have sufficient pet food, medication, cleaning supplies, and other important supplies readily available to the Walker and reimburse the Walker for any and all resupplies of products as needed for the satisfactory performance of its duties.

 

G.    Make arrangements with a qualified veterinarian for any charges for veterinary consultations or procedures on behalf of the Dog(s) to be paid for on account by the Owner.

 

H.    Provide relevant information to assist the Walker with the performance of the Services.

 

I.        Satisfy all of the Walker’s reasonable requests for assistance in its performance of the Services.

 

J.       [OTHER]: __________________________________________________________________________________________________________________

2.                  NATURE OF RELATIONSHIP.

 

(a)               Independent Contractor Status. The Walker agrees to perform the Services hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. The Walker is and will remain an independent contractor in its relationship to the Owner. The Owner shall not be responsible for withholding taxes with respect to the Walker’s compensation hereunder. The Walker shall have no claim against the Owner hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party.

 

(b)               Indemnification of Owner by Walker. The Owner has entered into this Agreement in reliance on information provided by the Walker, including the Walker’s express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If any regulatory body or court of competent jurisdiction finds that the Walker is not an independent contractor and/or is not in compliance with applicable laws related to work as an independent contractor, based on the Walker’s own actions, the Walker shall assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Walker and/or the Owner resulting from such contrary interpretation, including but not limited to taxes, assessments, and penalties that would have been deducted from the Walker’s earnings had the Walker been on the Owner’s payroll and employed as an employee of the Owner.

 

3.                  REPRESENTATIONS AND WARRANTIES.

 

(a)               The Parties each represent and warrant as follows:

 

A.    Each Party has full power, authority, and right to perform its obligations under the Agreement.

 

B.     This Agreement is a legal, valid, and binding obligation of each Party, enforceable against it in accordance with its terms (except as may be limited by bankruptcy, insolvency, moratorium, or similar laws affecting creditors’ rights generally and equitable remedies).

 

C.     Entering into this Agreement will not violate the charter or bylaws of either Party or any material contract to which that Party is also a party.

 

(b)               The Walker hereby represents and warrants as follows:

 

A.    The Walker has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.

 

B.     The Services shall be performed in accordance with standards prevailing in the Walker’s industry, and shall further be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and the Walker shall obtain all licenses, permits, or permissions required to comply with such standards, laws, rules, or regulations.

 

C.     The Services required by this Agreement shall be performed by the Walker or the Walker’s staff, and the Owner shall not be required to hire, supervise, or pay any assistants to help the Walker perform such Services.

 

D.    The Walker is responsible for paying all ordinary and necessary expenses of its staff.

 

E.     The Walker is responsible for providing insurance coverage for itself and its staff.

 

(c)               The Owner hereby represents and warrants as follows:

 

A.    The Owner is the actual owner of the Dog(s) listed in the recitals of this Agreement.

 

B.     The Dog(s) are current on rabies vaccination and has/have received other regular vaccinations and/or satisfactory titer level results from a certified veterinarian, as documented on Exhibit D hereto. The Owner agrees to provide a copy of the veterinarian certification if requested and agrees to notify the Walker when any or all regular vaccines are updated.

 

C.     The Dog(s) has/have no history of vicious or violent behavior.

 

D.    The emergency contacts listed on Exhibit B hereto (each an “Emergency Contact”) have been notified that they have been designated to make decisions on the Owner’s behalf in the case of an emergency. The Owner agrees to notify the Walker immediately if any of the designated Emergency Contacts are changed.

 

E.     The Owner will make timely payments of amounts earned by the Walker under this Agreement.

 

F.      The Owner shall provide such other assistance to the Walker as it deems reasonable and appropriate.

 

4.                  COMPENSATION.

 

(a)               Terms and Conditions. The Owner shall pay the Walker in accordance with the terms and conditions set forth in Exhibit A.

 

(b)               Timing of Payment. Payments shall be made to the Walker within _________ (______) days of the Owner’s receipt of the Walker’s invoice (supported by reasonable documentation) for all Services performed to the Owner’s satisfaction in accordance with Exhibit A.

 

(c)               No Payments in Certain Circumstances. Notwithstanding the foregoing, no payment shall be payable to the Walker under any of the following circumstances:

 

A.    if prohibited under applicable government law, regulation, or policy;

 

B.     if the Walker did not directly perform or complete the Services described in Exhibit A;

 

C.     if the Walker did not perform the Services to the reasonable satisfaction of the Owner; or

 

D.    if the Services performed occurred after the expiration or termination of the Term of this Agreement, unless otherwise agreed in writing.

 

(d)               Expenses. Except as otherwise provided in this Agreement, any expenses incurred by the Walker in the performance of this Agreement shall be the Walker’s sole responsibility. [Specifically, the Owner shall be responsible for the following expenses only: ______________________________________________________________________________________________________________________.]

 

(e)               Taxes. The Walker is solely responsible for the payment of all income, social security, employment-related, or other taxes incurred as a result of the performance of the Services by the Walker under this Agreement and for all obligations, reports, and timely notifications relating to such taxes. The Owner shall have no obligation to pay or withhold any sums for such taxes.

 

5.                  TERM.

 

This Agreement shall become effective as of the Effective Date and, unless otherwise terminated in accordance with the provisions of Section 6 of this Agreement, will [continue indefinitely (the “Term”)] [; provided, however, that in no event shall this Agreement remain effective for longer than ___________ years] or [end on _______________].

 

6.                  TERMINATION.

 

This Agreement may be terminated:

 

(a)               By either Party on provision of ________ (____) days written notice to the other Party, with or without cause.

 

(b)               By either Party for a material breach of any provision of this Agreement by the other Party, if the other Party’s material breach is not cured within ________ (____) days of receipt of written notice thereof.

 

(c)               By the Walker if the Walker, in its discretion, determines that the Owner’s Dog(s) poses a danger to the health or safety of itself, other pets, other people, or the Walker. If such concerns prevent the Walker from caring for the Dog(s), the Walker will attempt to contact the Owner to arrange for alternative care. If the Owner cannot be reached, the Owner hereby authorizes the Walker to place the Dog(s) in a licensed (or previously designated) kennel with all resultant charges and fees (including but not limited to transportation, kenneling, tranquilizing, treating, accessing, and liability) to be the responsibility of the Owner.

 

(d)               By the Owner at any time and without prior notice, if the Walker is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Owner, or is guilty of serious misconduct in connection with performance under this Agreement.

 

Following the termination of this Agreement for any reason, the Owner shall promptly pay the Walker according to the terms of Exhibit A for Services rendered before the effective date of the termination.

 

7.                  AUTHORIZATION OF EMERGENCY MEDICAL CARE.

 

If any animal heath emergency occurs and neither the Owner nor any Emergency Contact can be reached, the Owner hereby authorizes the Walker to obtain such emergency veterinary care for the Dog(s) as the Walker deems necessary. A form of veterinary release to allow for this treatment is attached as Exhibit C hereto (the “Release”), and the Owner agrees to complete and execute the Release on or before the Effective Date. The Owner further authorizes the Walker to incur veterinary costs for the Dog(s) in the Owner’s name. The Owner agrees to indemnify and hold harmless the Walker from any liability arising from such veterinary charges.

 

8.                  INDEMNIFICATION.

 

(a)               Of Owner by Walker. The Walker shall indemnify and hold harmless the Owner from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees, and disbursements (collectively, the “Claims”) that it may suffer from or incur and that arise or result primarily from (i) any gross negligence or willful misconduct of the Walker arising from or connected with Walker’s carrying out of its duties (including performance of the Services) under this Agreement, or (ii) the Walker’s breach of any of its obligations, agreements, or duties under this Agreement.

 

(b)               Of Walker by Owner. The Owner shall indemnify and hold harmless the Walker from and against all Claims that it may suffer from or incur and that arise or result primarily from (i) the Owner’s breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party, or (ii) the Owner’s breach of any of its obligations, agreements, or duties under this Agreement; provided, however, none of the foregoing result from or arise out of the actions or inactions of the Walker.

 

9.                  EXCLUSION OF LIABILITY.

 

The Parties hereby expressly agree that the Walker shall not be responsible for any of the following:

 

(a)               any loss, fine, injury, death, or actions of a Dog that the Owner has let outside or has instructed the Walker to allow outside while the Walker is not there, including pets with doggie doors or outdoor dogs;

 

(b)               any complications suffered by any Dog or the actions of any Dog while it is unattended;

 

(c)               any costs (including but not limited to medical care and attorneys’ fees) related to any Dog’s biting of another person or animal;

 

(d)               any and all liability related to transportation, veterinarian treatment, and expenses for any Dog;

 

(e)               any and all expenses resulting from the Dog(s)’ destructive behavior in the house or any house soiling; and

 

(f)                any and all liability arising out of the Services provided; provided, however, that the Walker is not excused from liability for any direct injuries to the Dog(s) or to tangible property resulting from the Walker’s gross negligence or intentional misconduct.

 

10.              MODIFICATION.

 

No amendment, change, or modification of this Agreement shall be valid unless in writing and signed by both Parties.

 

11.              ASSIGNMENT.

 

The rights and the duties of the Walker under this Agreement are personal, and may not be assigned or delegated without the prior written consent of the Owner. The Owner may assign its rights and duties under this Agreement with the prior written consent of the Walker; provided, however, that the Walker may transfer the right to receive any amounts that may be payable to it for its Services under this Agreement, which transfer will be effective only after receipt by the Owner of written notice of such assignment or transfer.

 

12.              SUCCESSORS AND ASSIGNS.

 

All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the Parties.

 

13.              NO IMPLIED WAIVER.

 

The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.

 

14.              NOTICE.

 

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective Parties as follows:

 

If to the Owner:

__________________________________________

__________________________________________

__________________________________________

 

If to the Walker:

__________________________________________

__________________________________________

__________________________________________

 

 

15.              GOVERNING LAW.

 

This Agreement shall be governed by the laws of the state of______________. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.

 

16.              COUNTERPARTS/ELECTRONIC SIGNATURES.

 

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.

 

17.              SEVERABILITY.

 

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

 

18.              ENTIRE AGREEMENT.

 

This Agreement, together with the exhibits hereto, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.

 

19.              HEADINGS.

 

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

 

 

 

 

[SIGNATURE PAGE FOLLOWS]

 

 

 

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

 

OWNER	[OWNER NAME] By: Name: Title:
WALKER	[WALKER NAME] By: Name: Title:

 

SAMPLE

 

EXHIBIT A

SERVICES, SPECIFICATIONS, AND COMPENSATION

 

 

A.    SERVICES. The Walker will perform each of the following (collectively, the “Services”):

a. Visit __________ times a day/week between the hours of __________ and ____________;

b. Provide food ________ times a day to each Dog;

 

c. Walk each Dog _________ times a day;

 

d. Provide playtime and exercise [__________ times] [for _____hours] each day;

 

e. Administer medication ___________ a day;

 

f.  Clean up after the Dog(s);

 

g.[Other:___________________________________________________________________________________________________________]

 

B.     (Optional) SPECIFICATIONS. The Parties agree to the following additional specifications about the Services to be provided: ______________________________________________________________________________________________________________________________________________________________________________________________________

 

C.     TIMING. The Services shall start on ______________ and shall [end on _________________] [continue indefinitely until terminated by the Parties pursuant to the Agreement].

 

D.    COMPENSATION. As full compensation for the Services rendered pursuant to this Agreement, the Owner shall pay the Walker

 

The sum of $______ per visit to be paid upon services being rendered.

 

E.     CANCELLATION POLICY.

 

)

 

The Owner must notify the Walker of visit cancellation at least forty-eight (48) hours before the scheduled visit. The Owner agrees to pay a $10 cancellation fee or the regular visit fee, whichever is less, if the 48-hour notification is not provided.

 

 

 

 

 

 

[SIGNATURE PAGE FOLLOWS]

 

By signing below, the Parties agree to comply with all of the requirements contained in this Exhibit A.

Dated: _______________________

OWNER	_______________________________________   Signature:
WALKER	Janelle Briscoe Signature: