Service Agreement CAPITAL PETSITTERS CLIENT SERVICE CONTRACT
1. PURPOSE
This Contract states the terms by which One Four All LLC, d.b.a. Capital Petsitters, a Virginia Corporation, agrees to provide petsitting services to the Client, effective on the date signed and until terminated. Capital Petsitters shall provide any changes in writing.
2. CAPITAL PETSITTERS RIGHTS AND RESPONSIBILITIES
2.1 Pet Care Services
Capital Petsitters shall provide pet care services and will exercise all due care in managing and caring for the Client's pets. Pet care services vary based on the Client's requests and the needs of the specific pet but may include walking, feeding, cleaning, playing, and administering medication.
2.2 Securing Client Property
After each visit, Capital Petsitters will lock doors and windows, as instructed by the Client. Capital Petsitters accepts no responsibility for the actions of others who may have access to the Client's home or property.
2.3 Right to Cancellation
(a) Health and Safety of the Pet
Capital Petsitters reserves the right to terminate this contract at any time if the petsitter determines that any of the Client's pets are being kept in cruel conditions or in conditions that threaten the pet's health.
(b) Health and Safety of Others
Capital Petsitters reserves the right to terminate this contract immediately if Capital Petsitters and/or any petsitter determines that the Client's pet poses a danger to the health or safety of the petsitter or anyone else.
3. CLIENT RIGHTS AND RESPONSIBILITIES
3.1 Client Information
Client affirms that all information in the client profile is accurate. Client agrees to regularly update all information necessary for service in the client profile. Capital Petsitters enters this contract relying upon the information provided by the Client.
3.2 Pet Information
(a) Changes to Pet Information
Should any pet information change, the Client shall notify Capital Petsitters in writing.
(b) Warranty of Safe Pet Behavior
Client affirms that none of the Client's pets has ever acted aggressively or ever shown itself to be dangerous.
3.3 Payment and Reimbursement
(a) Regular Payment
Client agrees payment is due on the first day of service for all forms of service except ongoing midday day dog walking. Payment for ongoing midday dog walking services is due on the first of the month.
(b) Additional Supplies and Services
Client agrees to pay all costs and/or to reimburse Capital Petsitters for all costs reasonably arising under this contract including, but not limited to: veterinary bills, medication, supplies, and veterinary facility/kennel charges.
(c) Fines, Fees, and Damages
Client agrees to pay for all costs and to reimburse Capital Petsitters for all expenditures and charges incurred from towing, removal of vehicles, fines, fees, and damages due to towing or locksmith fees should access be denied or automobiles removed from the Client's location due to lack of information, passes, and/or any other instruments necessary to provide pet care services.
3.4 Keys
(a) Providing Keys
Client agrees to issue two sets of working keys to a petsitter during the initial consultation in the Client's home. Capital Petsitters is not responsible for delays or other issues caused by the Client's failure to provide two sets of working keys to a petsitter.
(b) Returning Keys
Capital Petsitters will return the Client's keys upon request. The Client can pick up keys at the company office at an agreed upon time or company will mail the keys per written request from the Client. A petsitter will drop off or pick up keys from the Client for a fee of $20 (twenty dollars) if keys are not provided at the time of the initial consultation.
(c) Destruction of Keys
If the Client has not received service within 3 calendar years, Capital Petsitters will destroy the Client's keys.
3.5 Supplies
The Client is responsible for providing all pet-related supplies including, but not limited to: pet food, leashes, pet medication, litter, and debris bags.
4. EMERGENCIES
4.1 Emergency Visits
New or additional unscheduled visits requested with less than 48 hours' notice are considered emergency visits. An emergency charge of the normal fee plus $10 (ten dollars) per visit will be charged for any emergency visits.
4.2 Veterinary Care
Capital Petsitters is authorized to seek emergency veterinary care and to approve medical treatment as recommended by a veterinarian.
4.3 Extreme Weather and Natural Disasters
Capital petsitters may limit visits in extreme weather conditions or due to natural disasters but will resume regular care as soon as conditions permit. The Client will not be charged for any visits not performed.
5. WAIVER OF LIABILITY
The Client indemnifies and holds harmless Capital Petsitters, its officers, employees, independent contractors, and agents for any and all damage done to property by animals, acts of Nature, or any events beyond the control of Capital Petsitters or its independent contractors. Capital Petsitters shall not be responsible for pet injuries or illness; nor shall Capital Petsitters be held liable for the safety of any pets that have access to the outdoors or that live outside of the Client's house.
6. JURISDICTION
The parties each submit to the personal jurisdiction of, and venue in, the exclusive forum for the resolution of any dispute related to this Agreement, whether in state court or federal court, shall be Fairfax County, Virginia. The parties waive any objection to (i) personal jurisdiction of, (ii) venue at, and (iii) service of process of any federal or state court in Fairfax County, Virginia with respect to any court or other proceeding, for any actions arising out of or relating to this Agreement. The parties also agree to waive all rights they have to a jury trial on and matters relating to the relationship between the Parties or this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Virginia.
7. LEGAL FEES
If any litigation or other legal proceeding relating to this Agreement is required, the prevailing party shall be entitled to recover (in addition to any other relief awarded or granted) its reasonable costs and expenses, including attorneys' fees and costs incurred in such litigation or proceeding. The Client agrees that Capital Petsitter's liability to the Client for breach of this agreement or any other cause of action arising as a result of the relationship between the parties shall be limited to the amount of any insurance coverage available to Capital Petsitters or the cost of the visit or walk, whichever is greater.
8. MISCELLANEOUS PROVISIONS
8.1 Severability
If any provision of this contract is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire contract shall be severable and remain in effect.
8.2 Headings
Section and subsection headings are for reference purposes only and are not to be considered a part of this contract, nor are they intended to be a full and accurate description of the contents of the section or subsection they describe.
8.3 Construction
The rule of construction that any ambiguity in a contract should be construed against the drafter of such contract shall not apply to this contract.
8.4 Facsimile and Electronic Signatures
The parties agree that facsimile signatures or signatures provided electronically shall be as effective as originals or physical signatures.
9. CONSENT TO THE AGREEMENT
The Client agrees that they have read, understood, and agree to abide by the terms of this contract.
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