TERMINATION
If either party wish to treminate scheduled ongoing services, parties need to give 7 days written notice of termination. Whiskers & Wags reserves the right to terminate the services at any time, if Whiskers & Wags in its sole discretion, determines that client's pet(s) poses a danger to the health or safety of whiskers & Wags, any animals or any person. Any wrongful or misleading information in the client's or Pet(s) Information sheets may constitute a breach of terms of Whiskers & Wags Agreement and can be grounds for instant termination thereof.
Termination under the circumstance described above shall not entitle the client to any refunds nor relief of any outstanding payments due.
DAMAGES
Whiskers & Wags accepts no liability for any breach of security or loss of or damage to the client's property if any other person has access to the property during the term of this agreement. Whiskers & Wags shall not be liable for any mishap of whatsoever nature which may befall a pet(s) or caused by a pet(s) who has unsupervised access tothe outdoors.
It is understood that anyone with access to the home will be notified of Whiskers & Wags presence and vice versa. Whiskers & Wags reserves the right not refuse entry to any visitors nor pre-authorized and informed about, by the client. Whiskers & Wags will not be held responsible for any damages incurred to your home or pet(s) by visitors pre-authorized visitors. The client agree to notifiy Whiskers & Wags of any concerns within 24 hours of client's return home. Whiskers & Wags cannot be held responsible for any mishaps, claims, and/or expenses attributed to a destructive or unperdictable behavior of the client's pet(s) that cause damage to the client's home/property and/or a neighbor's home/property. (i.e., biting, furniture damage, accidental death, etc nor can Whiskers & Wags be held liable for injury, disappearance, death, or fines of pet(s) with access to the outdoors.
LOSS OR INJURY
The client shall be liable for all medical expenses and damages resulting from an injury to Whiskers & Wags, any animals or any person caused by the pet(s) as well as damage to the property. Whiskers & Wags are not liable for the death or injury to any pet(s) in the event of a motor vehicle accident. Whiskers & Wags are not liable for loss or injury to any pet(s). As per the indemnity clause below, Whiskers & Wags will cover the cost of damage as per the insurance coverage.
INDEMNITY
The maximum aggregate liability of Whiskers & Wags under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed the fees paid and/or payable by the client under this agreement. In the even of loss or damage to the property insured by Whiskers & Wags, for which indemnity is provided, the basis of any settlement shall be in accordance with the insurance policy as below;
- In the case of damage which can be repaired, the cost of repairs necessary to restore the item(s) to their condition immediately before the occurrence of the damage less any salvage; or
- In the case of a total loss, the actual value of the item(s) immediately before the occurrence of the loss less any salvage; but only to the extent that the amounts have been included in the sum insured.
- All damage which can be repaired, shall be repaired but the cost of repairing any damage equals or exceeds the value of the items immediately before the occurrence of the damage, the settment shall be made on the basis provided for in (B) above.
DISPUTES
Before taking any court action, a party must use best efforts to resolve any dispute under, or in connection with the agreement through good faith negotiation. Each party must, to the extent possible, continue to perfrom its obligations under the agreement even if there is dispute.
GENERAL PROVISION
Whiskers & Wags is not liable to the client for any failure to perfrom its obligations under the agreement to the extent caused by Force Majeure, provide that the affected party;
- Immediately notifies the other party and provides full information about the Force Majeure;
- Uses best endeavors to overcome the Force Majeure; and
- Continues to perform its obligations as far as practicable.
SEVERABILITY
Any illegality, unenforceability or invalidity of a provision of the agreement does not affect the legality, enforceability or validity of the remaining provisions of the agreement.
EMERGIENCIES
If the client, or the other contact person cannot be reached, the client agrees to accept any decision Whiskers & Wags makes in regards to the pet's care or clients property. The client is responsible for any veterinary bills, no matter how they are incurred, whilst pets are in the care of Whiskers & Wags. The client agrees to reimburse Whiskers & Wags for any additional fees for tending to emergency or veterinary care as well as any expenses incurred for some. The client also agrees to reimburse for additional time accrued at the rate of $50 per hour in the case of such an emergency.