Veterinary Pet Sitting Professionals Services Agreement
This Services Agreement (“Agreement”), effective the date submitted (“Effective Date”), is entered into by and between client, as executed below (“Client”), and Veterinary Pet Sitting Professionals, LLC (“VPSP”). Each party is individually referred to herein as “Party,” and collectively as “Parties.” Client’s pet(s), whether singular or plural, is referred herein as “Pet.”
Client wishes to engage VPSP to provide professional in-home pet care and sitting services for Client, as described via VPSP’s reservation request (the “Services”), and VPSP wishes to provide such Services, subject to the terms and conditions provided in this Agreement. This Agreement incorporates by reference the following Exhibits:
Exhibit A: Client and Pet Information Form Exhibit B: Veterinary Release Form
1. Definitions. Terms not otherwise defined in this Agreement have the following meanings:
Meet & Greet. The initial complimentary in-person meeting among VPSP’s service provider, Client, and Pet, scheduled by the Parties in advance of the Commencement of Services.
Commencement (of Services). The date and time Pet Sitter first arrives at the Premises to perform the Services.
Completion (of Services). The date and time Pet Sitter finally vacates the Premises and will not return until the next scheduled Service.
Pet Sitter. VPSP’s individual service provider assigned to, or reserved by, Client to perform the Services. Pet Sitter and VPSP are sometimes used interchangeably within this Agreement.
Premises. The address at which VPSP performs the Services, as identified within Exhibit A.
2. Fees. VPSP’s fees correspond to the Services provided and are outlined in the initial invoice.
a. Payment terms. All new clients must deposit 50% of the Fees by the first day of service. The remaining payment is due within 72 hours of Completion of Services (“Remaining Payment”). Existing clients may pay for the entire Fee for Services within 72 hours of the Completion of Services.
b. Payment method. VPSP collects payment via Square, but the Parties may agree on a different payment method. By executing this Agreement, Client authorizes Veterinary Pet Sitting Professionals, LLC to charge the credit card(s) stored and used for payment.
c. Auto-Debit, Late Fees. Any Remaining Payment not received within ten (10) days of the due date will be auto-debited on the following business day. Any failed payment or payment which is not otherwise received within thirty (30) days of the Remaining Payment due date will incur a late fee of $10 per day.
d. Additional Expenses. Certain circumstances may lead to Client incurring expenses in addition to the Fees, including but not limited to expenses covered by VPSP during the performance of Services (e.g. veterinary medical bills, locksmith, et. al.). In all cases, Client shall reimburse VPSP in full, within ten (10) days’ receipt of notice and invoice, subject to auto-debit and late fees as provided in this section.
e. Fee Disputes. Client must report any concerns with VPSP’s performance of Services within 24 hours’ of Completion. Client may not withhold payment of Fees. Subject to Section 7 and provided that, following an investigation conducted by VPSP or VPSP’s insurer, Client’s claims are substantiated, VPSP will either refund the Fee, in whole or in part, or Client will be reimbursed by other means. Any dispute that fails to resolve through direct discussion as provided herein shall first be subject to mediation as outlined in Section 9.
3. Client Representations and Warranties. Client represents, warrants, agrees, and / or acknowledges the following:
a. The security of the Premises is paramount to the safety of VPSP’s service providers. I will properly secure the home upon leaving the Premises and ensure that no other individual, whether a resident, guest, visitor, or paid service provider, however termed, will be present at the Premises at any time during VPSP’s performance of Services. Notwithstanding the foregoing, I understand that some Services require two (2) VPSP employees, and that this warranty does not apply to such a circumstance.
b. Pet is currently vaccinated in accordance with all local, state, and federal laws and regulations, unless medically exempt.
c. I will notify VPSP of any concerns with the Services provided within 24 hours of Completion.
d. I have disclosed to VPSP any and all dangerous or potentially dangerous behaviors or traits of my Pet toward people or other animals, including without limitation, aggression, growling, snapping, barking, raising hackles, lunging, chasing, or biting.
e. VPSP is not responsible for my pet’s death, illness, injury, or other loss, unless due to its gross negligence or willful misconduct.
f. In the event of Pet’s illness or injury, VPSP will follow my direction as provided in the Veterinary Release Form (Exhibit B), and I will therefore incur medical expenses in connection with reimbursing VPSP’s total costs.
g. VPSP may engage a locksmith as necessary and I will promptly reimburse VPSP for all costs incurred.
h. I will supply the necessary equipment and supplies needed for the care of my Pet, including, but not limited to, a sturdy, well-fit harness or collar and leash; litter box and cat litter; pet food; medications; identification tags; and cleaning supplies. I will reimburse VPSP for any purchase necessary to VPSP’s satisfactory performance of Services.
i. The terms and conditions of this Agreement applies to all of my Pets, including pets acquired after the Effective Date of this Agreement.
j. To maintain Pet Sitter's privacy if providing overnight or 24-hour services, Client will disclose the location of indoor surveillance cameras prior to the Commencement of Services.
4. VPSP Representations and Warranties.
a. VPSP will perform the Services with a professional standard of care, skill, and diligence.
b. VPSP shall exercise all precautions against sickness, injury, escape, loss, accidents, or death of Client’s Pet.
c. Pet Sitter will secure the Premises to the best of their ability at the end of each visit.
5. Contract Termination.
a. By Client. Client may not terminate this Contract except prior to the Commencement of Services, and will incur a cancellation fee as follows:
i. With less than 25 hours’ notice, Client will be charged 100% of the total Fees for Services.
ii. With less than 72 hours’ notice but greater than 24 hours’ notice, Client will be charged 50% of the total Fees for Services.
iii. With greater than 72 hours’ notice. No fee.
b. By VPSP. VPSP reserves the right to terminate this Agreement at any time, including during the performance of Services, if the Pet Sitter, in their sole judgment, determines that the Client’s Pet poses a danger to the health and safety of Pet Sitter, or other people or animals. VPSP will use reasonable efforts to contact Client to arrange alternative care.
c. Force Majeure. Notwithstanding the foregoing, either Party may terminate this Contract prior to the Commencement or during the performance of Services if events or circumstances beyond either Party’s control interfere with either Party’s ability to carry out its duties or obligations under this Contract, including without limitation, labor strikes or work stoppages; civil or military disturbances; war, insurrection, or riot; fire, storm, flood, ice, or earthquake; epidemic; or governmental order, restriction, or regulation.
6. Indemnification. Client agrees to indemnify, defend, and hold Veterinary Pet Sitting Professionals, LLC, its owners, officers, directors, agents, representatives, and employees, harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including attorneys’ fees) arising out of, or in connection with Client’s (1) Pet; (2) representation or warranty that is, or becomes, untrue or misleading; (3) breach of this Agreement; or (4) negligence or misconduct in relation to the performance of Client’s obligations under this Agreement.
7. Limitation on Liability. VPSP shall not be liable to Client or any third party arising out of, or in connection with VPSP’s performance of the Services, including for Pet’s death, illness, injury, or other loss, unless due to VPSP’s gross negligence or intentional misconduct, and in any such event, VPSP’s liability shall be limited to direct and objectively measurable damages, not to exceed the total Fees paid or owed by Client under this Agreement. In no event shall VPSP be liable for any indirect, punitive, special, exemplary, incidental, or consequential damages.
8. Media Release. VPSP may use pictures and/or videos of Pet for publicity or promotional purposes without liability or obligation of any kind to Client. Client grants the irrevocable right to use, in perpetuity, photos, videos, or testimonials either alone or accompanied by other material, in whole or in part, and with or without attribution, in any manner and in any media, for the purposes of advertising, promoting, and publicizing VPSP.
*** To decline media release, see below.
9. Disputes. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the Parties hereto, their assignees, affiliates, attorneys, or agents, shall first be submitted to mediation, with each Party bearing its own costs. If the Parties are unable to agree on a mediator, the mediator shall be selected by the Arbitration Service of Portland. If mediation fails, any dispute shall be decided solely in arbitration and pursuant to the rules of the Arbitration Service of Portland, with any such arbitration hearing to be held exclusively in Portland, Oregon, and the prevailing party in any such action shall be entitled to its reasonable attorney fees.
10. Miscellaneous.
a. Relationship. The relationship of VPSP to Client pursuant to this Agreement shall be that of independent contractor. VPSP shall not be deemed to be an employee of Client for any purpose.
b. Governing Law. This Agreement shall be governed by the laws of the State of Oregon, without regard for its conflicts of law provisions.
c. Attorneys’ Fees. In the event of any dispute arising in connection with this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party, in addition to any other relief granted by an arbitrator (or court of competent jurisdiction, as the case may be).
d. Assignment. Neither party shall assign its rights under this Agreement without the prior written consent of the other party.
e. Amendment. Except only for a final invoice as submitted pursuant to Section 2.2, this Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.
f. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.
g. Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.
h. Counterparts. This Agreement may be executed in counterparts, and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. This Agreement may be executed and delivered in counterpart signature pages executed and delivered via facsimile, e-mail or otherwise, and any such counterpart executed and delivered via facsimile, e-mail or otherwise shall be deemed an original for all intents and purposes.