Dog Walking Agreement - Template, Sample Form Online Pro · IN-law

DOG WALKING SERVICES AGREEMENT

This Dog Walking Services Agreement ("Agreement") is made and executed on ________ at ________, ________.

BY AND BETWEEN

________, son/daughter/wife of ________, aged ________ years, holding PAN: ________ and Aadhaar No.: ________, residing at ________ (hereinafter referred to as the "Service Provider", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include its legal heirs, executors, administrators and permitted assigns) of the FIRST PART;

AND

________, son/daughter/wife of ________, aged ________ years, holding PAN: ________ and Aadhaar No.: ________, residing at ________ (hereinafter referred to as the "Client", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include its legal heirs, executors, administrators and permitted assigns) of the SECOND PART.

(The Service Provider and the Client are hereinafter individually referred to as a "Party" and collectively as the "Parties".)

WHEREAS:

A. The Client is the lawful keeper/owner of the dog(s) more particularly described in §1 herein (the "Dog(s)");

B. The Client desires to engage the Service Provider to perform the dog walking and related care services described herein (the "Dog Walking Service"); and

C. The Service Provider represents that it possesses the requisite skill, experience and capacity, and is willing, to perform the Dog Walking Service upon the terms and conditions set out herein.

NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and promises set out herein, and for other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

§1. DETAILS OF THE DOG(S)

1.1. The particulars of the Dog(s) to which this Agreement relates are as follows:

________ (name(s), breed(s), age, sex, colour, microchip/identification number(s) and any distinguishing features).

1.2. The Client warrants that the information furnished in respect of the Dog(s), including any known behavioural traits, allergies, medical conditions and dietary requirements, is true and complete in all material respects.

§2. LOCATION

2.1. The Dog(s) shall be picked up from and dropped off at the following address:

________ (the "Service Location").

§3. TIMING

3.1. The timing and schedule for the Dog Walking Service shall be as follows:

________ (the "Schedule").

3.2. Any change to the Schedule desired by the Client shall be intimated to the Service Provider in writing and, subject to availability, the Service Provider may accept such changes.

§4. GENERAL RESPONSIBILITIES OF THE SERVICE PROVIDER

4.1. The Service Provider shall:

4.1.1. observe due care, skill and diligence while attending to the Dog(s);

4.1.2. alert the Client immediately if there are any issues at the Service Location;

4.1.3. attend to the basic needs of the Dog(s), including hygiene, food and drink;

4.1.4. prepare and supervise activities with the Dog(s), including games, walks and outdoor activities;

4.1.5. notify the Client with reasonable notice if, for any reason, the Service Provider is unable to provide the Service on any day;

4.1.6. prepare and/or provide healthy food, served at the scheduled time each day;

4.1.7. exercise all reasonable precautions against sickness, injury, escape, loss, accident or death of the Dog(s). The Service Provider shall not be responsible for sickness, injury, escape, loss, accident or death of the Dog(s) save where caused by the negligence or wilful misconduct of the Service Provider;

4.1.8. keep clean the play and living area of the Dog(s);

4.1.9. transport the Dog(s) to and from outdoor activities;

4.1.10. bathe and groom the Dog(s) as required;

4.1.11. maintain a clean and safe environment;

4.1.12. be punctual with the Schedule and, where reasonably required, accommodate unforeseen issues;

4.1.13. provide first aid to the Dog(s) whenever required;

4.1.14. make every reasonable effort to avoid loss of or damage to the Client's belongings, provided that the Service Provider shall not be liable for any such loss or damage not caused by its negligence or wilful misconduct;

4.1.15. not smoke or use any intoxicant or prohibited substance while on or off duty during the engagement;

4.1.16. at all times be caring and compassionate towards the Dog(s) and comply with the Prevention of Cruelty to Animals Act, 1960 and the rules made thereunder;

4.1.17. accompany the Client while travelling with the Dog(s) during duty hours, including travel abroad, in which case food and accommodation shall be provided by the Client and remuneration shall be governed by §11;

4.1.18. acknowledge that travel arrangements, including visa and other documentation, shall be arranged by the Client, and that during free time on any trip the Service Provider may go out with the Client's permission;

4.1.19. remain solely responsible for any payments to its own employees, agents or subcontractors, including any salary, wages, statutory contributions or other dues.

§5. GENERAL RESPONSIBILITIES OF THE CLIENT

5.1. The Client shall:

5.1.1. make payments punctually in accordance with §11;

5.1.2. make all necessary arrangements to enable the Service Provider to care for the Dog(s) without hindrance;

5.1.3. provide basic food and drink to the Service Provider where applicable;

5.1.4. provide basic amenities such as access to washroom, kitchen and the like;

5.1.5. arrange a room and stay facility for the Service Provider where the engagement so requires;

5.1.6. reimburse all reasonable costs (such as transportation, food, supplies and medicine) incurred by the Service Provider in providing the Dog Walking Service, upon submission of valid proof;

5.1.7. notify the Service Provider of any concern within 24 (twenty-four) hours of completion of the Service;

5.1.8. warrant that the Dog(s) are currently vaccinated in accordance with all applicable local, State and Central laws and regulations;

5.1.9. accept responsibility for all medical expenses and other damages resulting from any injury to the Service Provider, other persons or other animals caused by the Dog(s) or by the Client's negligent act;

5.1.10. indemnify, hold harmless and defend the Service Provider in the event of any claim by any person injured or otherwise damaged by the Dog(s) or by the Client's negligent act;

5.1.11. authorise the Service Provider to enter the Service Location as needed to perform the agreed Service;

5.1.12. before leaving the premises, ensure that the home or premises are properly secured, it being agreed that the Service Provider shall not be liable for any burglary or other crime save where there is direct involvement of the Service Provider or its personnel;

5.1.13. supply all necessary equipment and supplies for the care of the Dog(s), including but not limited to a sturdy, well-fitting harness or collar and leash, food, medication, identification tags and cleaning supplies;

5.1.14. authorise the use of photographs of the Dog(s) on the Service Provider's website, social media and/or marketing materials for promotional purposes, which authorisation may be withdrawn by written notice.

§6. ILLNESS

6.1. The Client shall always notify the Service Provider in advance of any symptoms or signs of disease in the Dog(s).

6.2. If the Dog(s) display any of the following conditions, the same shall be communicated to the Service Provider in advance, and the Service Provider may at its discretion provide the Service during the period of illness:

6.2.1. bite wound infections;

6.2.2. vomiting and diarrhoea;

6.2.3. skin rash or eruptions of unknown origin;

6.2.4. arthritis;

6.2.5. fleas and ticks;

6.2.6. worms;

6.2.7. communicable diseases (e.g., canine parvovirus, rabies, Lyme disease).

6.3. The Service Provider shall always notify the Client in advance of any symptoms or signs of disease.

6.4. If the Service Provider displays any of the following conditions, the same shall be communicated to the Client in advance, and the Client may at its discretion permit the Service during the period of illness:

6.4.1. fever;

6.4.2. vomiting;

6.4.3. skin rash or eruptions of unknown origin;

6.4.4. persistent cough;

6.4.5. heavy nasal discharge;

6.4.6. diarrhoea;

6.4.7. conjunctivitis (pink eye);

6.4.8. sore throat;

6.4.9. upset stomach;

6.4.10. communicable diseases (e.g., chicken pox, measles, ringworm, scarlet fever).

§7. ABSENCE OF SERVICE PROVIDER

7.1. If the Service Provider intends to take a break from the Dog Walking Service, such decision shall be communicated to the Client with advance notice of ________ (________).

7.2. No Service Charge shall be levied during the leave days of the Service Provider.

§8. MEDICAL CARE

8.1. The Client grants the following medical consent to the Service Provider:

8.1.1. the Service Provider may administer medication to the Dog(s) when required;

8.1.2. in the event of an emergency, the Service Provider shall make every attempt to contact the Client or the emergency contact, and failing such contact, may seek appropriate medical care for and/or convey the Dog(s) to a veterinary hospital. The maximum amount reimbursable to the Service Provider in such an emergency shall be Rs. ________ (________);

8.1.3. any additional authority or consent shall be recorded in a separate Dog Medical Consent Form.

§9. NOTICES

9.1. Except as otherwise specified herein, all notices, requests, consents, approvals, authorisations, acknowledgements and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when delivered by hand, sent by registered post/courier, or sent by email or other electronic means to the contact details set out below.

In the case of the Client:

Mobile: ________

Email: ________

Address: ________

In the case of the Service Provider:

Mobile: ________

Email: ________

Address: ________

9.2. Either Party may change its address for service by giving the other Party 7 (seven) business days' prior written notice of the new address and the date on which it shall take effect.

§10. EMERGENCY CONTACT DETAILS

10.1. In case of emergency, where the Client is not available, the Service Provider or the concerned person may contact the following emergency contact:

10.1.1. Name: ________

10.1.2. Phone: ________

10.1.3. Email: ________

10.2. The Client shall immediately inform the Service Provider of any change to the emergency contact details.

§11. SERVICE CHARGE AND PAYMENT

11.1. The Service Charge for the Dog Walking Service shall be Rs. ________ (________) ________.

11.2. The payment to the Service Provider shall be made on a ________ basis.

11.3. The payment shall be made in the following manner: ________. Any applicable bank charges shall be borne by the Client.

11.4. The aforesaid Service Charge is inclusive of Goods and Services Tax (GST) and other taxes required under applicable Central and State laws, save where otherwise required by law.

11.5. If the Client intends to care for the Dog(s) personally or otherwise does not require the Service for more than one working day, the Client shall notify the Service Provider with advance notice of ________ (________), failing which the Client shall remain liable to pay for such days.

11.6. The Service Provider reserves the right to charge a cancellation fee of 100% (one hundred per cent) of the scheduled visit for any Service cancelled with less than 24 (twenty-four) hours' notice prior to the scheduled Service.

§12. LATE PAYMENT

12.1. In the event the Client fails to make any payment by the due date, the Service Provider may charge interest on the overdue amount at the rate of ________ (________) per month, or part thereof, until the date of actual payment.

12.2. The Service Provider may, at its discretion, suspend the Dog Walking Service until all outstanding amounts are paid in full.

§13. LIABILITY

13.1. If the Service Provider is found to be in violation of any animal rights under the Prevention of Cruelty to Animals Act, 1960, it shall be liable for any fines or penalties, and the Client may terminate this Agreement and/or claim damages from the Service Provider.

13.2. To the maximum extent permitted by law, and save for the Client's statutory rights, the Service Provider expressly disclaims all warranties of any kind, whether express or implied.

13.3. The Client agrees that it is solely responsible for determining whether the Service is fit for its purpose.

13.4. The Service Provider's liability for any loss, injury or death of the Dog(s) during or as a result of the Service shall be limited to cases of gross negligence or wilful misconduct on the part of the Service Provider.

§14. TERM AND TERMINATION

14.1. This Agreement shall commence on ________.

14.2. The Service shall continue to be provided unless and until either Party terminates this Agreement in accordance with the terms hereof.

14.3. Either Party may terminate this Agreement by giving ________ (________) of advance written notice to the other Party.

14.4. The Service Provider may terminate this Agreement forthwith, without notice, if:

14.4.1. the Client fails to make any payment for more than ________ (________) from the due date;

14.4.2. the Client fails to comply with any material term of this Agreement;

14.4.3. the Dog(s) pose a danger to the health and safety of themselves, other pets, persons or the Service Provider.

14.5. The Client may terminate this Agreement forthwith, without notice, if:

14.5.1. the Service Provider fails to comply with any material term of this Agreement;

14.5.2. the Service Provider fails to comply with applicable laws and regulations;

14.5.3. the Service Provider is found smoking or using drugs or prohibited substances.

14.6. Upon termination, the Service Provider shall cease to be entitled to compensation under this Agreement, save for payment for the Service duly rendered and fully performed prior to the date of termination.

§15. DISPUTE RESOLUTION

15.1. The Parties shall first endeavour to settle amicably, through mutual discussion, any dispute, controversy or claim arising out of or in connection with this Agreement.

15.2. Any dispute not so resolved within 30 (thirty) days shall be referred to and finally resolved by arbitration by a sole arbitrator to be mutually appointed by the Parties, in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be ________ and the language of arbitration shall be English. The award of the arbitrator shall be final and binding on the Parties.

15.3. Subject to §15.2, the courts at ________ shall have exclusive jurisdiction in respect of any matter arising out of or relating to this Agreement.

15.4. If either Party engages an advocate to enforce any right arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover reasonable costs and legal fees.

§16. FORCE MAJEURE

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§17. CONFIDENTIAL INFORMATION

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17.2. To the extent any personal data is processed in connection with this Agreement, each Party shall comply with the Digital Personal Data Protection Act, 2023 and the rules made thereunder.

§18. INDEPENDENT CONTRACTOR

18.1. The Parties are independent, and nothing in this Agreement shall be construed to create any relationship of employment, partnership, agency or joint venture between them, save that of principal and independent contractor.

§19. MISCELLANEOUS

19.1. Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior negotiations, representations and agreements, whether oral or written, relating to its subject matter.

19.2. Amendment. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

19.3. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19.4. Waiver. No failure or delay by either Party in exercising any right shall operate as a waiver thereof.

19.5. Assignment. Neither Party shall assign its rights or obligations under this Agreement without the prior written consent of the other Party.

19.6. Stamp Duty. The stamp duty payable on this Agreement, if any, shall be borne by ________.

19.7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

§20. GOVERNING LAW

20.1. This Agreement shall be governed by and construed in accordance with the laws of India, and the courts at ________ shall, subject to §15, have jurisdiction.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and at the place first hereinabove written.

_______________________________

________

Dated: ________

(Service Provider)

_______________________________

________

Dated: ________

(Client)

WITNESSES:

1. Name: ________

   Address: ________

   Signature: _______________________________

2. Name: ________

   Address: ________

   Signature: _______________________________