RythePetGuy
SERVICES AGREEMENT
1. DESCRIPTION OF SERVICES
Beginning on the dates requested for service, Ry the Pet Guy will provide the following services:
✓ Board Client’s pet at Ry the Pet Guy’s doggie daycare
✓ Play with and supervise Client’s pet throughout the day
✓ Feed Client’s pet throughout the day and administer medication
✓ Transport Client’s pet to and from
2. PAYMENT FOR SERVICES
a. Fee Arrangement. Ry the Pet Guy shall be paid the amount of service amounts stated per day of boarding or daycare and no deductions shall be made for late departure or early return of Client.
b. Expenses. Additional fees may include the purchase of necessary items for the care of the pet, including but not limited to pet food, litter or cleaning supplies, transportation, unexpected visits, and emergency expenses for health care. Ry the Pet Guy shall retain and submit receipts as proof of additional expenses. Payment of all additional fees or expenses will be due from Client within 30 days of receipt of the billing for the outstanding balance.
c. Time of Payment. Deposit in full is due at time of reservation. Reservations are not held until Ry the Pet Guy receives payment in full, or both parties in writing agree upon special arrangements.
d. Service Charge. There will be a $25.00 service charge for each returned check.
3. CANCELLATIONS
a. By Client. Client may cancel services before they begin, however cancellations will be subject to the following fees:
i. 4+ days prior to service or more: no charge.
ii. 0 – 72 hours prior to any service charged (no refunds).
b. By Ry the Pet Guy . Ry the Pet Guy may use his discretion to stop and end service at any time that a pet poses a danger to the safety or health of itself, other pets, other people or Ry the Pet Guy’s staff. If concerns prevent Ry the Pet Guy from continuing visitation of the pet, Client authorizes the pet to be placed in charge of a kennel, or previously arranged locale if possible. All subsequent charges, including but not limited to transportation, kenneling, tranquilizing, treating, accessing, and liability are to be the responsibility of the Client.
4. CLIENT RETURNS EARLY
If Client returns home early he/she will be required to pay for the reserved amount of time scheduled. If pets are picked up after 8am on their scheduled departure day, an additional day care fee applies.
5. TERM/TERMINATION
This Agreement shall terminate automatically on the last day of services.
6. EMERGENCIES
In the event of an emergency, Ry the Pet Guy shall contact Client at the numbers provided to confirm Client’s choice of action. If Client cannot be reached in a timely manner, Ry the Pet Guy is authorized to:
a. Transport the pet(s) to the listed veterinarian on the attached Veterinary Release Form;
b. Request onsite treatment from a veterinarian;
c. Transport the pet(s) to an emergency clinic if the previous two options are not feasible.
7. RELATIONSHIP OF PARTIES
It is understood by the parties that Ry the Pet Guy is an independent contractor with respect to Client, and not an employee of Client. Clients will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Ry the Pet Guy.
8. SECURITY
Ry the Pet Guy warrants to keep safe and confidential all keys, remote control entry devices, access codes and personal information of Client and to return the same to Client at the end of the contract period or immediately upon demand.
9. VACCINATIONS
Client’s pet must show written proof of all vaccinations, including: DHLPP, Bordetella (kennel cough), and Rabies . All dogs boarding with Ry the Pet Guy are required to have a current Bordetella shot, but the Bordetella vaccine is like the human flu shot and does not immunize all dogs against all strains of Canine Cough. Ry the Pet Guy and his staff will in no way be held liable for any strain of Canine Cough a dog may contract while boarding with Ry the Pet Guy.
10. LIABILITY
Ry the Pet Guy accepts no liability for any breach of security or loss of or damage to Client’s property if any other person has access to the property during the term of this Agreement. Ry the Pet Guy will not be responsible for the safety of any pets and will also not be liable for the death, injury, disappearance, or legal consequences of any pet with unsupervised access to the outdoors. Ry the Pet Guy is released from all liability related to transporting pet(s) to and from any veterinary clinic or kennel, the medical treatment of the pet(s) and the expense thereof. Ry the Pet Guy is released from all liability of injury to pet(s) caused by other pet(s) or animal(s) not under the control of Ry the Pet Guy. Ry the Pet Guy is not liable for any loss or damages in the event of a burglary or other crime that should occur while under this Agreement. Client agrees to secure home prior to leaving the premises. Ry the Pet Guy will re secure the home to the best of his ability at the end of each visit. While keys are in the possession of a Pet Sitter, they will be either on the Sitter’s physical person, or be properly stored at an undisclosed location. Client must have legal rights to place the animals in the care of Ry the Pet Guy. Client is responsible for pet proofing their house and yard, and the security fences, gates and latches.
11. CLIENT RESPONSIBILITIES
a. Supplies. Client is responsible for supplying the necessary, safe equipment and supplies needed for care of their pet(s), including but not limited to a sturdy, well fit harness (halter, collar, etc) for walks or in case of emergencies, firmly affixed vaccination tags, a lead rope or leash, pooper–scoopers, litter boxes, cleaning supplies, medications, pet food and cat litter. Client agrees to be responsible for the payment of such items, as well as service fees for obtaining items, and will reimburse Ry the Pet Guy within 14 days for all purchases made.
b. Medical Expenses. Client will be responsible for all medical expenses and damages resulting from an injury to a Pet Sitter, or other persons, by the Pet. Client agrees to indemnify, hold harmless, and defend Ry the Pet Guy in the event of a claim by any person injured by the pet.
c. Evacuation. Client will make arrangements with someone to evacuate pet(s) in case of a disaster or weather related event or emergency. Ry the Pet Guy will make every reasonable effort to see to the Client's pet’s safety should such events occur, but cannot guarantee it.
d. Disclosure. Client is responsible for informing Ry the Pet guy of any illnesses, conditions, or injuries that affect pet, and provide any medication that is necessary.
12. STAFF
Client understands that Ryland Elms, owner of Ry the Pet Guy may use one of his staff members to care for pet(s). All staff members are insured through Ry the Pet Guy’s insurer.
13. VETERINARY CARE
Client authorizes emergency veterinary care, releasing Ry the Pet Guy from all liabilities related to transportation, treatment and expenses. Should the specified veterinarian be unavailable, Client authorizes Ry the Pet Guy to engage the services of the veterinarian of their choice. If Client cannot be reached in a timely manner, he/she authorizes Ry the Pet Guy to approve medical and/or emergency treatment (including euthanasia) as recommended by a veterinarian. Owner agrees to reimburse Ry the Pet Guy for all expenses incurred, plus any additional fees for attending to this. Ry the Pet Guy agrees to maintain clean and sanitary quarters but does not guarantee immunity against communicable diseases beyond his control. Should such sickness develop, Ry the Pet Guy reserves the right to incur the cost of the veterinary service, the cost of which the undersigned agrees to reimburse Ry the Pet Guy, but Ry the Pet Guy is not to be held liable if he fails to secure veterinary care.
14. FAILURE TO PICK UP PET
Upon failure of Client to pick up pet(s) within 14 calendar days after the day the pet was initially due to be picked up as specified in this Agreement, Ry the Pet Guy is hereby authorized to sell or otherwise dispose of said animal(s) in his absolute discretion per California Civil Code #1834.5 (the abandoned animal act).
15. FLEAS AND TICKS
Animals showing infestation of fleas and ticks will be shampooed and treated at the Client’s expense of a maximum fee of $60.00. Ry the Pet Guy will make every effort to maintain a flea and tick free environment, however cannot be held responsible for occasional occurrences of fleas and ticks
16. INDEMNIFICATION
Client shall indemnify, defend and hold harmless Ry the Pet Guy for and against all liabilities, losses, damages, penalties, actions, judgments, costs, expenses, or disbursements of any kind or nature that may be imposed on, incurred by, or asserted against Ry the Pet Guy, in any way relating to or arising out of Ry the Pet Guy’s execution, delivery, or performance of this Agreement.
17. FORCE MAJEURE
a. Suspension. If either party is prevented, hindered or delayed in the performance or observance of any of its obligations under this agreement by reason of any circumstance beyond its reasonable control, including but not limited to fire, flood,
earthquake, extraordinary weather conditions not reasonably foreseeable by the party, acts of war, acts of terrorism, labor disputes, riots, civil disorders, rebellions or revolutions in any country (“Force Majeure”), such party will be excused from any further performance or observance of the obligations so affected for so long as such circumstances prevail and that party continues to use all commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. The party affected by a Force Majeure event shall advise the other party in reasonable detail of the event, including, but not limited to, the estimated duration of the event, as promptly as practicable, and, in any event, within four business hours after occurrence of the event, and keep the other party reasonably aware of the progress in resolving the Force Majeure event.
b. Termination. If Client’s disability from the Force Majeure event results in compensation being suspended herein for a period in excess of eight weeks, Ry the Pet Guy shall have the right to terminate this agreement upon written notice to Client.
18. ENTIRE AGREEMENT AND MODIFICATION
No representations or statements of any kind made by either party that are not expressly stated herein or in any written amendment hereto shall be binding on such party. The parties agree that this Agreement and its Exhibits shall constitute the complete and exclusive statement of the agreement between them, and supersede all prior or contemporaneous proposals, oral or written, and all other communications between them relating to the subject matter hereof. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given.
19. CHOICE OF LAW
The terms and conditions of this Agreement shall be governed by the laws of the State of California.
20. SEVERABILITY
If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.
21. NO IMPLIED WAIVER
No term, provision or clause of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and executed by a duly authorized representative of each party. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.
22. FURTHER ASSURANCES
Each party covenants to take all such actions and to execute all such documents as may be desirable to implement the provisions of this agreement fully and effectively.
23. LIMITATION OF LIABILITY
The entire liability of each party hereunder, whether in contract, tort, strict liability, or otherwise, shall not exceed the amount paid by Client to Ry the Pet Guy under this Agreement. In no event shall Ry the Pet Guy be liable for any special, indirect, incidental or consequential loss or damage of any kind or nature whatsoever, including, without limitation, lost profits or loss of records or data, regardless of whether arising from breach of contract, tort, strict liability, or otherwise, even if advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen.
24. ASSIGNMENT
Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other, provided that each party may assign and otherwise transfer this Agreement in whole and without the consent of the other party as part of a merger or sale of all or substantially all of its assets, whether by way of merger, acquisition of stock or assets or operation of the law. This Agreement will bind and insure to the benefit of each party’s successors and permitted assigns. IN WITNESS WHEREOF, the parties hereto, each acting under due and proper authority, have executed this Agreement as of the Effective Date.