This agreement is made and entered into by and between the Primary Contact listed on the client details tab in the portal, henceforth known as "Client", and Kimberly’s Kritter Care LLC, henceforth known as “Pet Sitter”. 

RECITALS

WHEREAS, the Client is the Owner of all pet(s) listed on the Kimberly’s Kritter Care Client Portal, the “Portal”, said pets henceforth collectively known as the “Pet(s)”; and 

WHEREAS, the Client wishes to engage the Pet Sitter as an Independent Contractor for the Client for the purpose of performing certain specified tasks on the terms and conditions set forth below; and

WHEREAS, the Pet Sitter wishes to provide the services in accordance with the terms of this agreement; and

WHEREAS, each party is duly authorized and capable of entering into this Agreement.

NOW THEREFORE, in consideration of the above Recitals, the Client and the Pet Sitter agree to the following:

1. Relationship and Responsibilities

1.1. The Pet Sitter undertakes to perform the agreed-on services in an attentive, reliable, and caring manner and the Client undertakes to provide all necessary information to assist in this performance. Client also agrees to update all Pet(s) information in the portal prior to each requested service.

1.2. The Pet Sitter undertakes to notify the Client of any occurrence pertaining to the pet(s) which may be relevant to the care and well-being of the pet(s).

1.3. The Client will provide suitable harnesses, collars, and leads as approved by the Pet Sitter as well as coats or muzzles, if required.

1.4. The Pet Sitter shall not be obliged to perform any other duties except those specified on the Portal.

2. Duration

This Pet Sitting Agreement shall come into effect on the date the Client initially activates their Portal Account, and shall remain in effect until such time as either party gives at least 7 (seven) days written notice of said termination.

3. Cancelation or Early Termination

3.1. Either party may terminate this Pet Sitting Agreement a minimum of 24 (twenty four) hours prior to the first scheduled visit. The Client will be charged a portion of the fee if Boarding or Overnight Stays are canceled less than one week prior to first date of service. Kimberly’s Kritter Care LLC reserves the right to charge up to the amount of the 50% deposit collected at time of booking. If Client cancels any visits due to returning earlier than scheduled, they will not be entitled to a refund.

3.2. Cancelation by the Client of scheduled daily walks after 8pm the day prior to the scheduled service may be charged at the full rate or rescheduled at the discretion of Kimberly’s Kritter Care LLC.

3.3. Cancelation by the Client of any scheduled pet sitting or cat sitting visits of less than one week will result in a charge of 50% of the total amount. Any cancelation less than 24 hours prior to the scheduled visit may be charged at the full rate or rescheduled at the discretion of Kimberly's Kritter Care LLC.

3.4. If a Kimberly’s Kritter Care Pet Sitter or Independent Contractor needs to cancel a scheduled walk due to unforeseen circumstances, a substitute Pet Sitter may be appointed and any difference in the fees charged shall be for the account of the Pet Sitter.

3.5. Should any pet become aggressive or dangerous, the Pet Sitter may terminate this Agreement with immediate effect and:

3.5.1. Arrange with the pet’s emergency contact to assume responsibility for the pet(s) until the Client returns;

3.5.2. Place the pet(s) into a kennel or animal care facility at the Client’s expense if the emergency contact is unable or unwilling to assume responsibility for the pet(s).

3.5.3. In either event as described in 3.5.1 and 3.5.2 above, this agreement shall be deemed terminated unless the pet sitter agrees to continue with other home caring duties and/or caring for other listed pets at no reduction in compensation.

3.6. Any wrongful or misleading information in the Client Information or Pet Information profiles may constitute a breach of terms of this Pet Sitting Agreement and be grounds for instant termination thereof.

3.7. Termination under the circumstances described in 3.4 or 3.5 above shall not entitle the Client to any refunds or relief of any outstanding payments due.

4. Liability

4.1. The Pet Sitter will carry liability insurance relative to the services performed for the Client. A copy of the insurance policy will be made available to the Client upon request.

4.2. Kimberly’s Kritter Care LLC and the Pet Sitter accepts no liability for any breach of security or loss of or damage to the Client's property if any other person has access to the property during the term of this agreement. If another party has access to the Client’s home in their absence, Kimberly’s Kritter Care LLC and the Pet Sitter is released from any liability with the exception of when the pet(s) are under the direct supervision of the Pet Sitter.

4.3. Kimberly’s Kritter Care LLC and the Pet Sitter shall not be liable for any mishap of whatsoever nature which may befall a pet or caused by a pet who has unsupervised access to the outdoors.

4.4. The Client shall be liable for all medical expenses and damages resulting from an injury to the Pet Sitter caused by the Pet(s) as well as damage to the Client's property or the Pet Sitter’s property.

4.5. The Client shall be liable for all medical expenses resulting from an injury to any other animal or person caused by their Pet(s) while in the care of Kimberly’s Kritter Care LLC, its respective employees, members, agents, and affiliates.

4.6. Kimberly’s Kritter Care LLC and the Pet Sitter is released from all liability related to transporting Pet(s) to and from any veterinary clinic or kennel, the medical treatment of the Pet(s), and the expense thereof.

5. Indemnification

Client agrees to indemnify, defend, and hold harmless Kimberly’s Kritter Care LLC, its respective employees, members, agents, and affiliates from all liabilities, claims and expenses, including reasonable attorney’s fees, that arise from or relate to any pet(s)’ behavior, including without limitation, property damage, personal injury, or death caused by pet(s).

6. Emergencies

In the event of an emergency (e.g. injured pets, severe weather, broken pipes, natural disaster, fire, etc.), the Pet Sitter is hereby authorized to take all measures deemed necessary or advisable by Kimberly’s Kritter Care in its sole and absolute discretion in caring for Pet(s) and Client’s property (including without limitation emergency veterinary care for Pet(s) and emergency repair services for Client’s home) and Client agrees to defend, indemnify, and hold harmless Kimberly’s Kritter Care LLC, its respective employees, members, agents, and affiliates from all liabilities, claims, and expenses, including reasonable attorney’s fees, that arise from or relate to such decisions. In the event of such an emergency, Client shall immediately reimburse Kimberly’s Kritter Care LLC for expenses incurred, plus any additional fees or expenses for attending to such an emergency. Furthermore, Client is responsible for providing keys to access their home or building. Any locksmith fees incurred as a result of providing faulty keys is the financial responsibility of the Client.

In the event of an emergency due to an injured or sick pet, the Pet Sitter shall contact the Client at the numbers provided on the Client Portal to confirm the Client's choice of action. If the Client or their Emergency contact cannot be reached in a timely manner, the Pet Sitter and/or Kimberly’s Kritter Care LLC is authorized to:

6.1. Transport the Pet(s) to the veterinarian listed in the Pet Information details;

6.2. Request on-site treatment from a veterinarian;

6.3. Transport the Pet(s) to an emergency clinic if the previous two options are not feasible.

7. Security

Kimberly’s Kritter Care LLC and the Pet Sitter warrant to keep safe and confidential all keys, remote control entry devices, access codes, and personal information of the Client and to return same to the Client at the end of the contract period or immediately upon demand (note: a fee may be charged if keys need to be delivered to Client).

8. Media Capture

The Client authorizes and releases Kimberly’s Kritter Care LLC the use of any images taken in photography or video recording of any purpose with Kimberly’s Kritter Care LLC. More specifically, the client authorizes Kimberly’s Kritter Care LLC to photograph/video their pet(s) and releases any claims that may arise due to the use of images publicly, on social media, on the website, and for advertising purposes. We will not take pictures of your address nor will we mention your name or address in conjunction with photographs/video.

9. Relaxation of Terms

No relaxation, indulgence, waiver, or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.

10. Compensation

10.1. Please refer to the Kimberly's Kritter Care website for individual fees. Client will be sent an invoice for total amount due. All payments are due prior to the first scheduled service. Kimberly’s Kritter Care LLC reserves the right to refuse service if payment is not received in a timely manner.

10.2. Client shall promptly pay all invoices from Kimberly’s Kritter Care and may be required to pay certain fees in advance as determined by Kimberly’s Kritter Care LLC. Late fees, handling fees for returned checks, and other fees shall be payable as set forth in the Portal Policies. Client shall pay interest charges of ten percent (10%) of the past due amount per month on past due invoices. Client will be responsible for all costs and fees associated with collection proceedings, including attorneys’ fees, for all amounts more than forty-five (45) days past due.

10.3. Additional fees may include the purchase of necessary items for the care of the pet(s), including but not limited to pet food, litter or cleaning supplies, transportation, unexpected visits and emergency expenses for health care. The Pet Sitter shall retain and submit receipts as proof of additional expenses.

11. Whole Agreement

This Pet Sitting Service Agreement, Veterinary Release, Client Information details, Pet Information details, and Policies constitute the sole and entire agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Any alteration to this agreement must be in writing and signed by both parties.                                                                                     12. Assignment

No party may assign any of its rights or delegate or assign any of its obligations in terms of this Pet Sitting Agreement without the prior written consent of the other party, except where otherwise stated.

13. Binding Effect

The terms of this Agreement shall be binding upon and accrue to the benefit and be enforceable by either party’s successors, legal representatives, and assigns.

14. Governing Law

This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions between the parties, whether oral or written. The validity, construction, and performance of this Agreement shall be governed by and construed in accordance with the substantive law of the State of South Carolina, without regard to conflicts of law provisions. If any provision of this Agreement or the application of any such provision shall be held to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permissible.

15. General

The parties agree that any or all parts of this agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.

Paragraph headings are for convenience of reference only and are not intended to have any effect in the interpretation or determining of rights or obligations under this agreement.

Where appropriate words signifying one gender shall include the other and words signifying the singular shall include the plural and vice versa.