Dasher Pet Care Client Agreement
DASHER PET CARE, LLC 2018
This Agreement outlines the working relationship between you "Client" and us, Dasher Pet Care. Please carefully read through this Agreement in its entirety.
DASHER PET CARE CLIENT AGREEMENT
1.1 The Client agrees to provide accurate and complete information to keep this information current by reviewing and updating the Client Profile on Dasher Pet Care's secure Client web portal. Client may access the Client Profile online via https://www.timetopet.com/portal/dasherpetcare. Client shall promptly, and before the next service commences, provide Dasher Pet Care any changes or updates to its Client Portal.
1.2 The Client hereby authorizes Dasher Pet Care's contracted sitters to perform care as outlined by the Client in its Client Profile.
1.3 The Client hereby authorizes Dasher Pet Care to seek emergency veterinary care for their pets as Dasher Pet Care deems is required. In that regard, the Client hereby releases Dasher Pet Care and all contracted sitters if provides from any and all liabilities related to transportation, treatment and expenses of caring for your pets, and against any and all claims by any third parties in any way related thereto. Dasher Pet Care is authorized to approve medical and/or emergency treatment (excluding euthanasia) as recommended by a veterinarian. Dasher Pet Care shall make reasonable effort to utilize Client’s preferred facility and to provide prior verbal notice to Client; however, such use of facility and/or notice is not required. Client agrees to pay Dasher Pet Care for expenses incurred, plus any additional fees and/or time for attending to this need. Client also agrees to pay Dasher Pet Care for any expenses and time incurred to purchase any other food/home/supplies that are needed to fulfill contracted service with Client.
1.4 Client acknowledges that this signed authorization permits Dasher Pet Care to accept verbal, telephonic, facsimile and email requests from client (and their representatives) for services and to enter Client’s premises without additional signed agreements or written authorization.
1.5 In the event in Dasher Pet Care’s sole discretion, a pet requires additional care to that requested by the Client due to behavioral issues, or apparent distress of the pet, Dasher Pet Care reserves the right to provide additional services at the Client’s expenses and Clients agrees to pay Dasher Pet Care for such additional services. In such cases, Dasher Pet Care will attempt to contact the Client at the phone contact information provided by the Client and inform Client of Dasher Pet Care’s decision to provide additional services. However, it is the Client’s responsibility to provide updated contact information and to promptly return calls to the Dasher Pet Care.
2.1 In the event of inclement weather, natural disaster, or national or other unanticipated emergency, Dasher Pet Care is entrusted to use best judgment in caring for pet(s), plant(s), personal property and home. Client agrees to hold harmless Dasher Pet Care for damages or liabilities related to any such decisions it makes in its discretion to provide care for affected pets, homes or plants under such circumstances.
2.2 Client will provide Dasher Pet Care with access to Client’s residence sufficient to allow Dasher Pet Care to carry out Dasher Pet Care’s obligations under this Agreement. If Client fails to provide Dasher Pet Care with such access on the date(s) of contracted service, Dasher Pet Care will attempt to contact Client to arrange for access. If Dasher Pet Care is unable to reach Client within one hour, Dasher Pet Care shall be deemed to have performed all contracted services required on that date. In the event that Dasher Pet Care deems it necessary to employ a locksmith to gain entry into Client’s premises, Client expressly gives Dasher Pet Care authority to do so and agrees to pay Dasher Pet Care for any and all costs and expenses incurred.
2.3 In the event of personal emergency, illness or unavailability of a contracted sitters requested by the Client. Client authorizes Dasher Pet Care to arrange for another qualified Dasher Pet Care service provider to fulfill responsibilities as set forth in the Client Profile.
LOCK BOX ACCESS
3.1 Client agrees to participate in Dasher Pet Care’s Lock Box Program, whereby an exterior Lock Box will be provided as part of the initial Membership Sign Up. The Lock Box shall remain the property of Dasher Pet Care, and may be removed at the Company’s discretion at any time. To aid in security, Client agrees to keep access codes confidential and to only use this Lock Box for service assignments with Dasher Pet Care. Codes assigned by Dasher Pet Care are not to be altered or changed in any way for any reason. The Lock Box is to be securely fastened on a mutually agreed upon location and Client may remove it when it is not required to be used by Dasher Pet Care. Client agrees that Dasher Pet Care is released from all liability resulting from Lock Box misuse that is caused by Client actions. Client agrees to pay a Thirty-Five Dollar ($35.00) replacement fee if the Lock Box is lost, stolen, or damaged beyond reasonable wear and tear.
DASHER PET CARE FEES & CHARGES
4.1 Client agrees to pay Dasher Pet Care at the rates and abide by the terms and conditions, as they are posted in their most current form on the company’s website (www.DasherPetCare.com) at the time of service. Dasher Pet Care periodically updates its rates and terms & conditions and thus advises Client to regularly check the rates and terms posted.
4.2 Client agrees to pay the “additional surcharges” if posted on the website for holiday, cancellation or other extraordinary fees if applicable. These additional fees shall be in addition to the Dasher Pet Care’s standard fees which are also posted.
4.3 Client agrees to pay Dasher Pet Care on hundred percent (100%) of the total posted rates for the contracted services, prior to the rendering of such services, and to effect this provision, hereby authorizes Dasher Pet Care to charge Client’s credit card on file at the time after the Client requests or authorizes that services be provided. This payment procedure also applies to any and all additional expenses, charges, fees, and reimbursements incurred by Dasher Pet Care on behalf of Client as provided for in this Agreement. Accounts considered to be past due are subject to a finance charge of two percent (2%) per month (24% APR). A handling fee of Thirty Dollars ($30.00) will be charged for all returned checks.
4.4 Client may cancel any or all portions of unused or future contracted visits and receive a credit to their Dasher Pet Care account by notice of said cancellation received by Dasher Pet Care office during business hours. Client agrees that they are responsible for a fee equal to the cost of all visits scheduled within twenty-four (24) hours’ notice received by Dasher Pet Care and that Refunds back to the Clients credit card are subject to a three percent (3%) administrative handling fee.
4.5 To the extent that Dasher Pet Care must resort to collection efforts to recover any unpaid fees or otherwise resorts to legal efforts to enforce any provision of this contract, Client agrees to pay all of the Dasher Pet Care’s attorney’s fees and costs associated with the enforcement of the contract and any rights afforded Dasher Pet Care here-under.
4.6 All sales are final. No refunds shall be given after three (3) days have lapsed from the completion of any given visit or order. Refund requests must be made in writing and sent to The Dasher Pet Care office via read-receipt email (email@example.com)
4.7 Entering the Dasher Pet Care Monthly Membership Program authorizes regularly scheduled charges to your credit card. You will be charged the agreed upon amount each billing period. A receipt for each payment will be provided to you and the charge will appear on your credit card statement. You agree that no prior-notification will be provided unless the date or amount changes. You agree to notify Dasher Pet Care in writing of any changes in my account information or termination of this authorization at least 10 business days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. You certify that you are an authorized user of the credit card provided and will not dispute these scheduled transactions; so long as the transactions correspond to the terms indicated in this Agreement.
LIMITATION OF DASHER PET CARE LIABILITIES
5.1 Client expressly waives and relinquishes any and all claims against Dasher Pet Care except those arising from Dasher Pet Care’s negligence or willful misconduct. Dasher Pet Care’s liability, if any, will be, to the extent perm permitted by law, limited to the price of services actually paid by Client for each order and will not include incidental, indirect, special or consequential damages of any kind.
5.2 Client agrees that neither Dasher Pet Care nor any contracted sitter if provides is liable or responsible for damage to or destruction of any automatic litter box that breaks or malfunctions while a domestic worker is providing services at your home. Dasher Pet Care finds these products notoriously unreliable and if Client desires, it can simply put away the product and substitute it with an ordinary litter box while away.
5.3 Client agrees that Dasher Pet Care is not liable for any damage to their premises or property caused by their pet while they are away, due to the Pet’s elimination on their premises, breakage, or destruction of property. Pet behavior is unpredictable and a pet experiencing emotional reaction to an owner’s absence is a common experience for which Dasher Pet Care cannot assume any liability.
CLIENT INDEMNIFICATION OF DASHER PET CARE
6.1 Client agrees to indemnify and defend Dasher Pet Care liability, including paying attorney’s fees, arising from any injury or damage to Dasher Pet Care’s employees, service providers, contracted or third parties or real or personal property of each of them that their pets cause by aggressive behavior or other action. Client agrees to disclose to Dasher Pet Care any known pet aggression behavior.
Dasher Pet Care reserves the right to terminate this Master Agreement and/or any service order at any time before or during its term if Dasher Pet Care in its sole discretion, determines that Client’s pet(s) poses a danger to the health or safety of Dasher Pet Care or third parties. If Dasher Pet Care terminates because of such danger while caring for pet, Dasher Pet Care is authorized to place pet(s) in a kennel, with all charges there from to be charged to Client. Client agrees to pay Dasher Pet Care for any and all costs and expenses incurred to secure and maintain such placement of pet(s).
8.1 Client agrees to pay a Placement & Referral Fee if Client directly employs or contracts with any Dasher Pet Care contracted sitter, independent contractor, former contracted sitter, former independent contractor, employee or former employee of Dasher Pet Care for a period of Three Hundred and Sixty Five (365) days following the date which Client last used said worker contractor or employee for services rendered by Dasher Pet Care. In such instances, Client agrees to pay a fee to Dasher Pet Care in the amount of the greater of Five Thousand Dollars ($5,000) OR the amount equivalent to one hundred percent (100%) of all revenues earned in the previous Three Hundred and Sixty Five (365) days from the date of said occurrence as a Placement and Referral Fee.
9.1 This Contract contains the entire Contract and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreement, representations and warranties between them respecting the subject matter hereof.
9.3 If any term, provision, covenant or condition of this Contract, or the application thereof to any person, place or circumstance shall be held to be invalid, unenforceable or void, the remainder of this Contract and such terms, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect.
9.4 The language in all parts of this Contract shall be in all cases construed according to its fair meaning and not strictly for or against either party.
9.5 The rights and remedies provided by this Contract are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Contract, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.
9.6 No failure or neglect of either party hereto in any instance to exercise any right, power or privilege or of the same right, power or privilege in any other instance, shall not preclude or waive its right to exercise any or all other rights and remedies.
9.7 All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of Dasher Pet Care by an officer of Dasher Pet Care or other person duly authorized by Dasher Pet Care.
9.8 In the event that Pet Staff incurs attorneys fees or other costs enforcing any provision in this contract, the Client shall be liable for and agrees to pay these costs and expenses to Dasher Pet Care in addition to other amounts deemed owed.
MEDIA INCLUDING PHOTOGRAPHY & VIDEO
10.1 Client agrees that all media submitted to and created by Dasher Pet Care, belongs to Dasher Pet Care and can be used at Dasher Pet Care's sole discretion. This is including but not limited to; pictures and/or videos of pets, events, people or places in which Dasher Pet Care Contractors have worked.