JET DOG SERVICE AGREEMENT
This Service Agreement is made effective as of, by and between Audree Halasz (hereafter referred to as Client) of 4264 Norton Avenue, Oakland CA, and Jet Dog, LLC of 4264 Norton Avenue, Oakland, California 94602.
DESCRIPTION OF SERVICES. Beginning on 02/27/2018, Jet Dog, LLC will provide to Client one or more of the following services: dog walking, pack adventures, dog sitting, and/or training (collectively, the "Services").
PAYMENT. Payment shall be made to Jet Dog, LLC.
Client agrees to pay Jet Dog, LLC as follows:
Dog boarding and sitting (new or inactive clients): A deposit of half the full fee is due at the time of booking and the balance is due at the time that boarding begins. Jet Dog will not provide any sleepover visits until Jet Dog has received full payment for services.
Dog boarding and sitting (active clients on monthly billing): All dog boarding or sitting services will be included in the monthly bill for the month services were performed.
Dog walking: All dog-walking services are billed monthly at the end of the month in which services were rendered and are due by the first day of the next month. Late payments, paid after the first of the month, will incur a $2/day late fee, and will be added to your invoice the following month.
Dog training: Payments for all dog training sessions are due at or before the first training session.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, Jet Dog, LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Dog walks: The full fee is due and will be billed for any dog walks cancelled later than 11am the day prior to the scheduled walk.
For membership clients - any dog adventures cancelled later than 11am the day prior to the scheduled adventure will be billed a $10.00 cancellation fee.
Dog boarding and sitting: Ten days notice of change and/or cancellation is required or the full fee for all days reserved will be charged.
Dog training: The full fee is due and will be billed for any sessions cancelled more than 24 hours before the scheduled session.
TERM. This Contract may be terminated by either party upon 5 days prior written notice to the other party. An email notice by one party will suffice.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 14 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
MEDIATION. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
If, during the mediation, a party ("offering party") makes a written offer of compromise to another party which is not accepted by said party ("refusing party",) and the refusing party fails to obtain a more favorable judgment or award, the refusing party shall pay the offering party all costs and expenses, including reasonable attorney's fees, incurred from the time the offer is refused.
ARBITRATION. If mediation is not successful in resolving all disputes arising out of this agreement, those unresolved disputes shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any California court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may only be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of California.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WALKERS. Jet Dog does it’s best to keep your dog walker consistent, and sometimes, due to shifting schedules, route changes and vacations, another dog walker will walk your dog. The alternate walker will always be introduced to your dog.
EMERGENCY CARE. If my pet(s) become ill while in the care of Jet Dog, LLC, I authorize her/him to care for my pet(s) by transport to my veterinarian (or the nearest available vet) if she/he feels this is needed in her/his best judgment and I am not reachable. I authorize Jet Dog, LLC to approve any emergency treatment recommended by the veterinarian excluding euthanasia. I agree to pay promptly for any charges incurred. I release Jet Dog, LLC from all liabilities related to transportation, treatment, and expense.
PROPERTY. It is expressly understood and agreed that Jet Dog, LLC shall not be held responsible for any damage to Client’s property, or that of others, caused by pet(s) while under the care of Jet Dog, LLC.
BITES. If Client’s dog(s) bite or attack anything (animal or person), Jet Dog, LLC reserves the right to refuse service. Bites must be reported to the local authorities. The owner will be liable for all medical care expenses and damages that result from an animal bite.
LIABILITY. Jet Dog, LLC will not be held liable for injury, disappearance, or death of pet(s).
I acknowledge that dog walking, pack adventures, dog sitting, dog boarding, dog training and other activities associated to Jet Dog LLC & the representatives and staff associated with Jet Dog LLC, including, but not limited to, any premises (outdoor area, car, neighborhood/public area) on which such activities occur, may have inherent risks, hazards, and dangers for any dogs and people, which cannot be eliminated. I understand these risks, hazards, and dangers and have had the opportunity to discuss them with a representative of Jet Dog LLC. I understand that some during some of these activities my dog may be off leash for various reasons and I consent to that, including meeting other dogs in open space areas and parks. I understand these risks to my dog(s) and voluntarily allow him/her to participate in the activities of my own free will with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks involved. I hold Jet Dog LLC harmless for all injuries whether or not they involve the inherent risks, hazards and dangers.
As consideration for my dog’s participation in the activities with Jet Dog LLC or his/her presence on any premises (i.e. outdoor area, sidewalk, car, neighborhood/public area) in which the activity or service is performed at any time, I legally bind myself & heirs, executors, administrators, successors, employees, independent contractors & assigns, & hereby waive, fully and finally any causes of action or claims against Jet Dog LLC, and any representatives, independent contractors, and staff & forever release, indemnify, & hold harmless the Released Parties (i.e. all representatives, staff, independent contractors and employees of Jet Dog, LLC) from any & all liability, responsibility, claims, causes of action, injuries, judgments or other damage of any nature whatsoever, whether foreseen or unforeseen, including any caused, in whole or in part, by the negligence of the Released Parties, & including, but not limited to the following: (1) any injuries or property damage incurred by the dog of the undersigned patron, user, subscriber, or client, which directly or indirectly results from participating in the activities or services at which such activities occur or services are performed at any time; & (2) any injuries to dog or property damage sustained in connection with the dog’s presence on any premises at which such activities occur or services are performed, at any time, whether or not such injuries are sustained or property damage occurs in connection with participation in or utilization of the activities or services of Jet Dog LLC.
PICK UP TIMES. Pet must be home at time of pick-up for dog walks and/or drop-in visits during the hours of 10:30am and 4pm. Pet must be dropped off and picked up for pet sitting.
CURRENT LICENSE AND VACCINATIONS. All dogs under Jet Dog, LLC’s care must be up to date with flea and tick treatments, and have current, local dog licenses and vaccinations. Jet Dog LLC needs copies of all current licenses and vaccination records.
DAMAGES: Client agrees to pay for damage caused to home and/or vehicle and/or property caused by Client’s animal(s).
MEDIA. I understand that Jet Dog, LLC may take pictures of my dog for marketing and social media purposes and they are the sole property of Jet Dog, LLC to do with as they wish.
NEWSLETTER. I understand that Jet Dog, LLC may send important updates and dog care news via email and/or newsletter and I give Jet Dog, LLC permission to do so.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. Client and Audree Halasz, Owner for Jet Dog, LLC, effective as of the date first above written.
Service Recipient (Client):
By: Audree Halasz
Jet Dog, LLC
By: Audree Halasz
IP Address: 220.127.116.11