WINDY CITY PAWS, INC.
SERVICE AGREEMENT
WHEREAS, Client is the owner of Pets (as identified and defined herein), and seeks the services of a dog walker for the periodic walking and caring of Client’s Pets or of a pet sitter for a period of time, for the watching and caring of Pets in Client’s home; and
WHEREAS, WCP operates an insured and bonded dog walking and in-home pet sitting business for the performance of dog walking and in-home pet care services; and
WHEREAS, Client desires to retain WCP for the performance of certain dog walking and in-home pet care services for Client’s Pets (hereinafter “Services”).
NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Information About Client and Client’s Pet(s) must be kept current by Client in Time To Pet.
A. Pet Information (each pet individually, and both collectively, referred to as “Pets”)
B. Client’s contact telephone number
C. Emergency contact should Client not be accessible at the telephone number listed in 1(B) above
D. Medical conditions of Pets
E. Special needs of Pets
F. Veterinarian contact information
G. Alternate drop-off location during an emergency (as identified in section 11 of this Agreement) or where a Walker is unable to gain access to designated drop-off
2. WCP Services Fees are published on www.windycitypaws.com
*A Holiday includes any Illinois State or United States Federal Holiday observed by WCP (as listed at www.windycitypaws.com ). Only a 30-minute dog walk, cat visit, or petsit can be scheduled on these days.
** If during any scheduled Dog Run there is inclement weather, Walker may, in Walker’s sole discretion, deem the weather unsafe to perform a Dog Run. In such an instance, Walker may perform a 30 Minute Dog Walk during the scheduled time and bill accordingly.
Note: There is an additional fee for each additional dog during a Petsit and/or any combination of small animals (i.e., cat, bird, small reptiles). WCP reserves the right to characterize an animal large and add an additional fee per such animal.
A. Dates that Client needs Services: Client shall notify WCP as soon as possible when Services are needed. Client shall notify WCP in accordance with WCP’s standard Services scheduling procedures. No Service is scheduled until first confirmed by WCP via email communication. If Services are requested less than 48 hours prior to any requested service, WCP will attempt to accommodate Client’s request and timely notify Client if unable to do so.
B. Clients who have recurring, regular schedules will receive an invoice every other Saturday for the two preceding weeks of service. Client agrees to pay to WCP for all Services rendered during the immediately preceding two weeks, 48 hours after receiving their invoice. Clients who have periodic, ad hoc schedules will receive an invoice on the first of every month for the preceding month of service. Client agrees to pay to WCP for all Services rendered during the immediately preceding calendar month 48 hours after receiving their invoice. Payment shall be deemed made when, and only when, its receipt has been verified by WCP. Accordingly, Client expressly authorizes WCP to charge Client’s credit card (to be held on file), 48 hours after Client receives an invoice, all monies owed WCP for Services rendered. Client further agrees to maintain an active credit card, on file, at all times. For any denied transaction resulting from WCP’s inability to charge Client’s credit card, Client shall immediately pay WCP, upon receiving notice from WCP, the balanced owed, including a 10% late fee.
C. WCP reserves the right to increase the price for any Services at any time. Prior to any increase, WCP shall provide Client with at least thirty (30) calendar day notice, via email communication.
D. Client understands and agrees that if Client cancels a scheduled Dog Walking, petsit or Cat Visit Service after 5:00 p.m. the day before a scheduled Service start time, WCP may charge Client for the full amount of the Service.
3. WCP does not warrant or guarantee that a particular WCP walker (“Walker”) will be available for any particular scheduled Dog Walk. Additionally, should a pre-arranged Walker of WCP become ill, or otherwise unavailable, WCP may substitute the Walker assigned with another Walker. Should a WCP Walker (or any replacement) be unavailable during a scheduled Petsit or Cat Visit, and in other certain instances where the performance of Petsitting Services by WCP is impractical, WCP may cancel any scheduled Petsit or Cat Visit, at any time, prior to the Petsitting Services having been performed.
4. Client agrees that all email or other correspondences sent to WCP by Client (e.g., last-minute additions or cancellations) must be acknowledged by WCP by email communication. If Client does not receive a confirmation of receipt, it is Client’s responsibility to ensure that the message has been received.
5. Client is responsible for supplying the necessary, safe equipment and supplies needed for the care of Pets, including but not limited to a sturdy, well-fit collar, leash and harness, firmly affixed vaccination tags, poop bags, food (if applicable), cleaning supplies and medicines (if applicable) prior to each Service. Client authorizes any purchases reasonably deemed necessary by WCP and/or Walker for the satisfactory performance of Walker’s duties. Client agrees to be responsible for the payment of such items, as well as service fees for obtaining items, whereby payment shall be made in a method consistent with Section 2(B) of this Agreement. Client agrees to provide a suitable towel to use in the cleaning of Client’s Pets when necessary. This towel will be left by the front door of Client’s house or apartment prior to each scheduled Service. Client understands that WCP’s Walkers have a limited amount of time to spend cleaning Pets on muddy days, and unless previously agreed to by Client and WCP, Client’s Pets will be not be bathed under any circumstances.
6. Client agrees to secure home prior to leaving the premises. WCP shall not be held liable for any loss or damage in the event a burglary or other crime that should occur during any scheduled services unless said loss or damage is a direct and proximate result of WCP’s or Walker’s recklessness.
7. At the time that Petsitting Services of WCP is reserved, Client will notify WCP of everyone who has been granted access to the home during the service period. Any individual not previously granted access by Client and/or access has not been communicated to WCP, shall be refused entrance by WCP into Client’s home.
8. WCP will not service a home with “visiting” pets or animals that do not belong to the Client without 48 hours’ notice to WCP prior to any scheduled Service. Notice shall be provided via email communication to WCP, and shall be deemed received only upon receipt of a reply email. Where Client does provide timely notice, Client shall also provide a full description of the pet and all available notes and instructions for the care of the visiting pet. Client agrees to indemnify and hold WCP harmless from all liability relating to, and arising out of the care of a visiting pet.
9. Client is responsible for pet-proofing Client’s home and yard, and the security fence, gates, and latches, as applicable. WCP is not 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.
10. Walkers are employees of WCP, and not partners or joint venturers of WCP.
11. WCP and Walker may use its sole discretion to stop and end a Service at any time that it is reasonably believed by WCP and/or Walker that Client’s Pets pose a danger to the safety or health of itself, other pets, other people, Walker or any property. If reasonable concerns prevent Walker from continuing to care for Client’s Pets, Client authorizes Client’s Pets to be immediately returned to Client’s home, or taken to a previously arranged locale (as identified in Section 1(G) of this Agreement), or placed in a kennel or nearest animal care facility, as appropriate, should a previously arranged locale not have been identified at the time of execution of this Agreement, unavailable or otherwise not reasonable or practical (at WCP’s sole determination), at time of placing. All subsequent charges, including but not limited to transportation, kenneling, tranquilizing, treating, accessing, and liability, are to be Client’s sole responsibility.
12. Client Keys.
A. Client shall deliver 2 keys to WCP for entrance into Client’s home. One key shall remain with Walker and the second shall be stored at WCP’s office, and used as a back-up or for emergency purposes (e.g. Walker inadvertently locks himself/herself out of Client’s home). All keys will be promptly returned to Client upon request or upon termination or expiration of this Agreement. Additionally, should a key be lost or misplaced by WCP, WCP agrees to reimburse Client for the replacement cost of a new key, up to $200.00.
B. If Client lives in a condominium or apartment building with a doorman stationed at the entrance of the condominium or apartment building, Client may instead leave a key for entrance into Client’s home in the custody of the doorman. Client expressly acknowledges that if Client fails to leave a key in the custody of a doorman or Client fails to authorize WCP or Walker to the entitlement of possession of a key in a doorman’s custody, resulting in WCP’s inability to gain entrance into Client’s home and perform a scheduled Service, Client shall be responsible for full payment of the scheduled Service.
C. If no Services have been scheduled for a period of 6 consecutive months, WCP shall email Client at the last email address on file inquiring into whether Client would like the keys returned or discarded. If Client does not respond within 2 weeks, WCP shall securely discard the keys, and Client hereby releases WCP from any further responsibility or liability pertaining to the keys.
13. WCP, its employees and agents, and Walker are expressly authorized herein to enter Client’s home for Services. WCP is not responsible for damage to the property of Client or to Client’s home, which includes, but is not limited to leaks, electrical problems, and acts of nature. In these situations, WCP and/or Walker will attempt to contact Client and then the emergency contact before making a decision on how to deal with a problem. All repairs and related fees (including special service emergency service time fees) will be paid by Client or fully reimbursed to WCP and/or Walker. WCP and Walker are not responsible for the security of Client’s home or loss if other individuals have access to Client’s home or if the home is not properly secured. WCP shall not be held liable for any loss or damage in the event a burglary or other crime that should occur during any scheduled service unless said loss or damage is a direct and proximate result of WCP’s or Walker’s recklessness. Client agrees to secure Client’s home prior to leaving the premises.
14. Client will be responsible for all medical expenses and damages resulting from any injury to Walker, or other persons, by Client’s Pets. Client hereby agrees to indemnify, hold harmless, and defend WCP and Walker in the event of a claim by any person injured by Client’s Pets or any visiting pets. Client further releases WCP from all liability to Client for any loss or damage to property (including, but not limited to Pets and visiting pets), physical injury or death (including, but not limited to Pets), whether caused by WCP and/or Walker or otherwise that results, directly or indirectly from WCP and/or Walker’s caregiving of a Pet or visiting pet at Client’s home during the performance of Services, unless said loss, damage or injury is a direct and proximate result of WCP’s or Walker’s recklessness. Client further agrees to indemnify, save and hold WCP harmless from any loss, liability, attorneys’ fees, damage, or costs that WCP may incur, or that may arise out of, or relate to WCP’s performance of Services, whether caused by the negligence of WCP and Walker or otherwise, and Client does hereby assume the risk of any such loss or damage unless said loss or liability is a direct and proximate result of WCP’s or Walker’s recklessness.
15. This Agreement shall cover any and all Services scheduled between Client and WCP. This Agreement shall expire twelve months following the last scheduled Service by Client or by the mutual agreement by the parties. The obligations of Client in this Agreement shall survive expiration or termination of this Agreement. Furthermore, to the extent Client owes any amounts to WCP in relation to this Agreement, the expiration or termination of this Agreement will not release or waive WCP’s rights or remedies regarding sums due and owing.
16. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
17. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
18. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth in the introductory paragraph of this Agreement, or by email communication as provided herein.
19. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
20. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.
21. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
22. Medical Treatment Authorization for WCP and Walker:
To Whom It May Concern: Windy City Paws Inc., hereafter referred to as Pet Care Provider, is the present Pet Care Provider for our pet. We hereby authorize and voluntarily consent to having Pet Care Provider arrange, direct, sign for, and consent to any and all routine or emergency medical care and treatment necessary to preserve the health of our pet. Information is set forth below.
Client acknowledges that he/she is responsible for all reasonable charges in connection with the care and treatment rendered and acknowledges that no guarantees have been made as to the effect of such treatment rendered.
Client acknowledges that he/she has read, understands, and agrees to all of the above.