Pet Care Agreement - Template, Sample Form to Complete Pro · US-law

PET CARE AGREEMENT

State of ________

This Pet Care Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between the following parties: ________, an individual having a primary address at:

________

and ________, an individual having a primary address at:

________

Hereinafter, "Client" shall refer to and be used to describe the following party: ________. "Service Provider" shall refer to and be used to describe the following party: ________. Client and Service Provider may be referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Client wishes to retain the Service Provider to provide care for Client's companion animal;

WHEREAS, Service Provider represents that it possesses the skills, qualifications, and expertise required to provide care for the companion animal and wishes to provide such care; and

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

§ 1. COMPANION ANIMAL INFORMATION

1.1. The companion animal that is the subject of this Agreement is as follows (the "Companion Animal"):

Name: ________

Species: ________

Age: ________

Gender: ________

Color: ________

Breed: ________

Microchip/Identification Number: ________

Vaccination Status (including current rabies vaccination): ________

1.2. Client represents and warrants that the Companion Animal is currently licensed and vaccinated as required by applicable state and local law, and that the information set forth above is true and complete.

1.3. The Companion Animal has the following history of biting, aggression, or behavioral issues (Client affirmatively warrants that this disclosure is complete and accurate):

________

§ 2. DESCRIPTION OF SERVICES

2.1. Service Provider and Client hereby agree to the provision of the following services (the "Services"):

________

2.2. The Services shall begin on ________ and shall be performed at the following location(s): ________.

2.3. Service Provider shall perform the Services in a careful, diligent, and workmanlike manner consistent with generally accepted standards for the care of companion animals.

§ 3. PAYMENT

3.1. In consideration for the Services, Client shall pay Service Provider as follows:

________

3.2. Payment shall be made in accordance with the following schedule and method: ________.

3.3. Any amount not paid when due shall accrue a late charge of ________, to the extent permitted by applicable law.

§ 4. CARE INSTRUCTIONS

4.1. Feeding information for the Companion Animal is as follows:

________

4.2. Medication, exercise, and other care instructions are as follows:

________

4.3. Client shall provide all supplies, food, and medication reasonably necessary for the care of the Companion Animal, unless otherwise agreed in writing.

§ 5. CONTACT INFORMATION

5.1. Address information for the Client is provided at the head of this Agreement. Should any communication be required between Service Provider and Client, whether during care of the Companion Animal or otherwise, additional contact information is as follows:

Client Phone Number: ________

Client Email: ________

Service Provider Phone Number: ________

Service Provider Email: ________

§ 6. EMERGENCIES

6.1. In the event of any emergency situation involving the Companion Animal, including, but not limited to, physical emergencies such as uncontrolled vomiting, an animal attack, fever, refusal to eat, or other behavioral or medical problems, Service Provider shall first and foremost begin transport to the following veterinary facility (the "Facility") for immediate treatment:

________

6.2. A Veterinary Authorization & Release Form is attached to and incorporated into this Agreement, authorizing Service Provider to take the Companion Animal to the Facility and to obtain treatment.

6.3. If the Facility is closed at the time of the emergency, Service Provider shall take the Companion Animal to the nearest available emergency veterinary clinic.

6.4. En route to the Facility or to any emergency clinic, Service Provider shall first attempt to reach Client at any of the contact points listed in this Agreement for Client. If Service Provider cannot reach Client immediately, Service Provider shall then contact the following emergency contact person:

________

6.5. Service Provider shall continue attempting to reach Client until successful. Client shall be solely responsible for all costs of veterinary care, treatment, and transportation incurred under this Section.

§ 7. TERM AND TERMINATION

7.1. This Agreement shall commence on the Effective Date and shall continue until terminated in accordance with this Section.

7.2. Either Party may terminate this Agreement upon ________ prior written notice to the other Party. Notwithstanding the foregoing, this Agreement may be terminated at any time by the mutual written agreement of the Parties.

7.3. Upon termination, Client shall pay Service Provider for all Services rendered through the effective date of termination, and Service Provider shall return all property of Client in accordance with § 8.

§ 8. ACCESS AND SECURITY

8.1. Service Provider shall have access to Client's home in order to render the Services under this Agreement. Service Provider shall access the home as follows:

________

8.2. Should Service Provider be given any keys, access codes, gate control information, or other means of entry to and access to Client's home or other private space, Service Provider hereby agrees to maintain the confidentiality of all such information, to disclose it to no one, and to use it solely for purposes of performing the Services. Service Provider shall return all such access information and devices to Client upon the termination of this Agreement.

§ 9. INDEPENDENT CONTRACTOR

9.1. It is the express intention of the Parties that Service Provider is an independent contractor and not an employee, agent, joint venturer, or partner of Client. Nothing in this Agreement shall be interpreted or construed as creating or establishing an employment relationship between Client and Service Provider.

9.2. Service Provider shall be solely responsible for the payment of all taxes, including but not limited to federal, state, and local income taxes, self-employment taxes, and any other taxes or assessments arising out of the compensation paid under this Agreement. Client shall not withhold any amounts for taxes from payments to Service Provider.

9.3. Service Provider shall retain sole and absolute discretion and judgment as to the manner and means of carrying out the Services under this Agreement, subject to the care instructions set forth herein.

§ 10. INJURIES, INSURANCE, AND INDEMNIFICATION

10.1. Client shall not be responsible to Service Provider for any injuries sustained by Service Provider as a result of Service Provider's provision of the Services under this Agreement. Service Provider agrees to maintain appropriate insurance coverage commensurate with the scope of Service Provider's work and waives any and all right to recover from Client for such injuries, to the fullest extent permitted by applicable law.

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10.3. The indemnification obligations set forth in this Section shall survive the termination of this Agreement.

§ 11. SERVICE PROVIDER'S LIABILITY

11.1. If any other individual is granted access to Client's property during the term of this Agreement other than by Service Provider, Service Provider shall accept no liability for any loss, damage, or other breach of security resulting therefrom.

§ 12. GENERAL PROVISIONS

a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the State of ________ and any applicable federal law, without regard to its conflict-of-laws principles. Both Parties consent to the exclusive jurisdiction of the state and federal courts located in ________, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive.

b) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

c) ASSIGNMENT: This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by either Party without the prior written consent of the other Party. Specifically, Service Provider shall not assign or delegate any of its obligations under this Agreement.

d) AMENDMENTS: This Agreement may only be amended by a writing signed by both Parties.

e) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute a waiver of any of the terms of this Agreement. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term.

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g) ENTIRE AGREEMENT: This Agreement, together with any attachments and exhibits, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

h) NOTICES: All notices required or permitted under this Agreement shall be in writing and delivered personally, by certified mail (return receipt requested), or by email to the addresses set forth in this Agreement, and shall be deemed effective upon receipt.

i) HEADINGS: Headings in this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

j) COUNTERPARTS: This Agreement may be executed in counterparts, including by electronic signature, all of which together shall constitute a single agreement. If the dates set forth at the end of this document differ, this Agreement shall be considered effective as of the date on which both Parties have signed, which may be the later date.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

CLIENT

Name: ________

Signature: _________________________

Date: _____________________________

SERVICE PROVIDER

Name: ________

Signature: _________________________

Date: _____________________________

VETERINARY AUTHORIZATION & RELEASE FORM

________

________

________

To the Veterinarian and Veterinary Staff:

The individual currently caring for my companion animal, ________, is named ________ and has full authorization to request, authorize, and oversee veterinary treatment for my companion animal until I am reachable.

I accept financial responsibility for all such treatment and authorize you to proceed with any treatment you deem necessary, up to a maximum authorized amount of ________, unless I am first reached and provide further instructions.

Name: ________

Date: _____________________

Signature: _________________