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Pet Sitting Service Agreement



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”. 


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

WHEREAS, the Client wishes to engage the Pet Sitter 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 Pets' 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 pets which may be relevant to the care and well-being of the pets.

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 of Services

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 may be charged a portion of the fee for pet sitting or cat care visits if canceled less than two weeks prior to first date of service. If Client cancels any visits due to returning earlier than scheduled, they will not be entitled to a refund. See 'Cancelation Policy' for further details.

3.2. Cancelation by the Client of scheduled daily midday M - F walks or potty breaks after 8pm the day prior to the scheduled service will be charged at the full rate.

3.3. Cancelation by the Client of any scheduled pet sitting or cat care visits of less than two weeks (14 days) will result in a charge of 50% of the total invoice amount. Any cancelation less than one week (7 days) prior to the scheduled visits will be charged at the full rate (100%).

3.4. If Kimberly’s Kritter Care LLC needs to cancel a scheduled visit or dog 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, Kimberly's Kritter Care LLC may terminate this Agreement with immediate effect and:

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

3.5.2. Place the pet 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.

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 Pets 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 Pets 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 Pets to and from any veterinary clinic or kennel, the medical treatment of the Pets, 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 the Pets.

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 LLC in its sole and absolute discretion in caring for Pets and Client’s property (including without limitation emergency veterinary care for Pets 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 the Pet Sitter access to their home or building. Any locksmith fees or travel fees to obtain backup keys that are incurred as a result of faulty door locks or keypads, faulty garage keypads or openers, failure to place key in a lock box (if required), or 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 of the portal;

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. The Pet Sitter will not take pictures of your address nor will your address be mentioned 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 rates ( Client will be sent an invoice for the total amount due once service request is approved. A payment of 50% of the total invoice will be due upon booking for all pet sitting and cat care visits. All payments are due in full three (3) days prior to the first scheduled service.

10.2. Client will be required to keep a valid credit card on file in the portal in order to request services. Client may elect to pay via alternate payment method if desired. Kimberly’s Kritter Care LLC reserves the right to refuse service if payment is not received in a timely manner. If full payment is not remitted by the due date Kimberly's Kritter Care LLC will charge the credit card on file for the remaining amount of the invoice.

10.3. Client shall promptly pay all invoices from Kimberly’s Kritter Care LLC 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.

10.4. Client shall pay interest charges of ten percent (10%) of any 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.

10.5. Client agrees to reimburse any additional fees incurred by the Pet Sitter, including, but not limited to, the purchase of necessary items for the care of the pets such as 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 and Dog Walking Service Agreement, Veterinary Release, Portal Policies, Cancelation Policy, Diabetic Pet Service Agreement (if applicable), Outdoor Access / Doggy Door Waiver (if applicable), Shared Access Liability Waiver (if applicable), Client Information details, and the Pet Information details 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.

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