McNamara Pet Services Agreement

This Service Agreement (“Agreement”) is between Client’s Name (hereinafter “Client”) and McNamara Pet Sitting LLC DBA McNamara Pet Services, a Connecticut Limited Liability Corporation (“McNamara Pet Sitting”). Each may be referred to as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, Client desires to procure certain pet care services from McNamara Pet Sitting;
WHEREAS, McNamara Pet Sitting desires to provide such services to Client (“Services”);

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. Services

McNamara Pet Sitting shall provide pet sitting, dog walking, private dog training lessons, and other applicable pet care services to the Client in a professional and reliable manner. As a team-based pet care provider, it may not always be the same caregiver assigned to the Client’s pet.

While McNamara Pet Sitting will water plants during visits if requested by the Client, we cannot guarantee the health or liveliness of plants as we are pet care providers, not plant experts. Plant care is a courtesy, and no specific outcomes can be ensured.

McNamara Pet Sitting will provide private training lessons to the Client and their dog. Lessons will take place at the Client's home, with the goal of teaching the Client how to train and work with the dog. While reasonable efforts will be made to help achieve the training goals, McNamara Pet Sitting makes no guarantees regarding the dog’s performance or behavior following the training.

2. Compensation and Cancellation Policy

Client agrees to compensate McNamara Pet Sitting for services rendered. Payments are due prior to the commencement of services. Clients must keep an unexpired credit card on file. The credit card will be charged when payment is due, unless McNamara Pet Sitting is notified ahead of time not to utilize the card. Client will incur a $75.00 fee for returned checks, credit card chargebacks, and additional bank charges. Late payments are subject to a $20.00 daily fee after 24 hours of delinquency. Client is responsible for all fees incurred by McNamara Pet Sitting in pursuance of collecting unpaid fees and expenses, including but not limited to collection fees, attorney fees, and court filing fees.McNamara Pet Sitting reserves the right to charge the following cancellation fees:

• Regular Clients (weekly standing booking):
• 100% credit if canceled by 5:00 p.m. the day before the booking.
• No refund or credit for cancellations made after 5:00 p.m. the day prior to the scheduled booking, or if the client is absent and our team arrives as scheduled.
• Dog Walking, Sniffari Visits, and Dog Training Visits:
• 100% credit if canceled 48 hours before the reservation.
• No refund or credit for cancellations made within 48 hours of the scheduled booking, or if the client is absent and our team arrives as scheduled.
• Pet Sitting:
• 100% credit if canceled 8 days prior to the reservation
• No refund or credit for cancellations made within 14 days of the scheduled booking, or if the client is absent and our team arrives as scheduled.
• Holidays:
• 100% credit if canceled 15 days prior to the reservation
• No refund or credit for cancellations made within 30 days of the scheduled booking, or if the client is absent and our team arrives as scheduled.
• Last-Minute Reservations (within 24 hours):
• Must be paid in full at booking, with no refund or credit if canceled.

3. Liability

Client agrees to assume responsibility for all medical expenses and other damages resulting from injury to the employee (“Pet Sitter”) of McNamara Pet Sitting, other persons or other animal(s) caused by the Client’s pet(s) or negligence of the Client themselves.  McNamara Pet Sitting is not responsible for injuries caused to the pet by another animal.  

4. Termination

McNamara Pet Sitting reserves the right to terminate this Agreement at any time if McNamara Pet Sitting, in their sole discretion, determinate that the Client’s pet(s) or other circumstances about the arrangement pose a danger to the health or safety of itself, other pets, other people or the Pet Sitter or are otherwise inappropriate. Such circumstances include but are not limited to abusive or inappropriate behavior by the Client, unsanitary conditions, or temperament of the pet.  If concerns prohibit the Pet Sitter from caring for the pet, McNamara Pet Sitting will attempt to contact the Client to arrange the alternative care. If the Client cannot be contacted, the Client authorizes McNamara Pet Sitting to place the pet in a licensed kennel with all charges and fees arising to be the responsibility of the Client. McNamara Pet Sitting reserves the right to terminate this Agreement at any time if the Client breaches the terms of this Agreement.  McNamara Pet Sitting may terminate the Agreement at any time without cause, with a refund of payments for services not yet delivered.

Upon termination, McNamara Pet Sitting’s duties end, but all other provisions remain enforceable.  The Client will be responsible for payment for all services rendered through the effective date of termination.  If the Client terminates the Agreement, the Client will remain responsible for any applicable cancellation fees.

5. Waiver

In consideration of the services and as an express condition thereof, the Client expressly waives and releases McNamara Pet Sitting from any and all claims against the company, its owners, employees and representatives, except those arising from negligence or willful misconduct on the part of McNamara Pet Sitting.

6. Representations and Warranties

• McNamara Pet Sitting represents and warrants that:
• McNamara Pet Sitting shall exercise reasonable precautions against sickness, injury, escape, loss, accidents, or death of Client’s pet(s). McNamara Pet Sitting is not responsible for sickness, injury, escape, loss accidents or death of Client’s pet(s) unless such occurrences are the direct result of recklessness or willful misconduct on the part of McNamara Pet Sitting.
• McNamara Pet Sitting will follow the directions of the Veterinary Release Form, to the extent reasonably practicable under the circumstances, in the case a pet should become injured or sick.
• McNamara Pet Sitting assumes responsibility for the proper handling of all keys and access materials provided. However, McNamara Pet Sitting will not be liable for any security incidents unrelated to its handling of the keys.  If keys or similar materials are lost and such loss is disclosed to the owner, McNamara Pet Sitting’s liability shall not exceed replacement cost of the keys or similar materials.
• This document gives McNamara Pet Sitting and its representatives authorization to enter the Client’s listed address as needed to perform agreed upon services.
• Client hereby represents and warrants that:

• Client agrees to notify McNamara Pet Sitting of any concerns within 24 hours of completion of services.
• Client represents and warrants that pet(s) are currently vaccinated in accordance with all local, state, and federal laws and regulations.
• Client is responsible for supplying the necessary equipment and supplies needed for the care of their pet(s) including, but not limited to, a sturdy, well-fit harness (required for Sniffari transport) or collar and leash for walks or in case of emergencies, pet food, pet treats, medications, identification tags, clean litter boxes, cat litter and cleaning supplies. Client authorizes any purchase necessary for the satisfactory performance of duties. Costs of all purchases and related service fees will be reimbursed to McNamara Pet Sitting within twenty-four (24) hours.
• Client agrees to indemnify McNamara Pet Sitting and hold it harmless for any  liability for any loss or damage resulting from the acts or omissions of third parties. Third Parties include, but are not limited to, family members and friends of Client, cleaning, repair, and utility companies.
• Client agrees to provide McNamara Pet Sitting with two digital access points to the house (such as a garage code or door code) or two copies of keys in a code-access lockbox supplied by Client.
• Client agrees to ensure the home is properly secured before leaving the premises. McNamara Pet Sitting will make every effort to resecure the home to the best of its ability at the conclusion of each visit.
• Client expressly gives McNamara Pet Sitting the authority to employ a locksmith on their behalf and to promptly reimburse McNamara Pet Sitting for all costs incurred in the event of a malfunction of the lock, keys, or automatic door opener.
• Client agrees that in the unlikely event they are unable to return and assume care of their pets, emergency contacts listed in Time To Pet will be contacted to take over the care of pets until you are able to assume care or final guardianship is determined by arrangements made in your will or other legal documents. If your emergency contacts refuse to take over control of your pets, they will be turned over to animal control. 

7. Indemnification

Client agrees to indemnify, defend, and hold harmless McNamara Pet Sitting from and against any and all losses, liabilities, claims, suits, damages, and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising out of or related to any injury, death, or damage to any person or property, or any violation of governmental laws, regulations, or orders, to the extent caused by or resulting from (i) the Client's breach of any provision of this Agreement, (ii) any negligent or intentional acts or omissions of the Client, its employees, agents, or representatives in connection with the performance of this Agreement, or (iii) acts or omissions of third parties.

McNamara Pet Sitting’s responsibility for the behavior and well-being of the Client’s pet(s) is limited to the time during which McNamara Pet Sitting is physically present at the Client’s property. McNamara Pet Sitting shall not be held liable for any events or occurrences, including but not limited to pet behavior or the condition of the Client’s home, that take place between visits unless such events are directly attributable to the negligence of McNamara Pet Sitting.

8. Authorization

In the case of an emergency, inclement weather, or a natural disaster, Client authorizes McNamara Pet Sitting to use reasonable judgement for the care and well being of Client(s) pets and residence. McNamara Pet Sitting will make reasonable efforts to maintain service during these conditions but reserves the right to adjust the schedule of service based on the sole discretion of the Pet Sitter.
Client authorizes McNamara Pet Sitting to use their pet’(s) pictures on its website, social media, and marketing materials for promotional purposes. These pictures will not be used until AFTER Client’s return for pet sitting reservations.
Client authorizes this contract to be valid approval for services to permit McNamara Pet Sitting to accept all future in person, Time to Pet, or email reservations and provide services without additional signed contracts or written authorizations.

9. Notices

All notices required or permitted to be given hereunder will be in writing and submitted via Time To Pet.

10. Severability

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will nonetheless be enforceable in accordance with their terms.

11. Modification or Waiver

No amendments, modifications, or waivers will be binding unless in writing and signed by both Parties.

12. Entire Agreement

This Agreement is binding upon the Client and any others with a legal right to the pet(s) or property where services will be performed.  Client agrees to indemnify against all losses waived by this Agreement if asserted by another individual.  It supersedes all prior discussions, representations, warranties, and agreements between the parties, expressing the entire agreement regarding the matters described herein. The Parties confirm that, except for what is explicitly stated in this Agreement, no additional promises, representations, or oral understandings have been made concerning the dog or any other matters. Without limiting the generality of the foregoing, the Client acknowledges that McNamara Pet Sitting has not represented, promised, guaranteed, or warranted that the pet will never bite, that the pet will not be dangerous or vicious in the future, that the pet will not exhibit other behavioral problems, or that the results of training will last for any specific duration. This Agreement represents the entire understanding between the Parties and supersedes all prior agreements regarding the Services. Any amendments to this Agreement must be in writing and signed by both the Client and McNamara Pet Sitting.

13. Governing Law

This Agreement is governed by the laws of the State of Connecticut.