updated: April 22, 2019
Dogs Run the Fox LLC
TERMS AND CONDITIONS
Professional Services Agreement
This Professional Services Agreement (“Agreement”) is made by and between Dogs Run the Fox LLC (called “We”, “Us”, “Our” “Dogs Run the Fox”, “Dogs Run the Fox LLC”, “DRTF”), an ILLINOIS corporation with its principal place of business at 500 N. Randall Rd. #1078 and CLIENT (called “Client”, “You”, “Your”). This Agreement provides the general terms and conditions applicable to services provided by Dogs Run the Fox LLC to Client.
It is mutually agreed that Dogs Run the Fox LLC will act as an independent company on a non-exclusive basis to fill the specific needs of Client identified to Dogs Run the Fox LLC by Client from time to time. The scope of work specifically and only includes activities related to pet exercise, sitting, and boarding. Dogs Run the Fox LLC agrees to perform the following:
treat your pet with the utmost care and respect.
provide services related to pet exercise, boarding and sitting including, but not limited to, running and walking.
2. Fees and Expenses
When Client approves Dogs Run the Fox LLC services, Client agrees to pay a fee to Dogs Run the Fox LLC in the amount of $16 for each 15-minute visit and $5 more for each additional consecutive 15-minute block of time. Optional GPS tracking may be added for $3.00 per visit. Client will be obligated to pay such fee whenever:
A Dogs Run the Fox LLC representative completes the agreed upon activity.
A Dogs Run the Fox LLC representative arrives on location to complete the agreed upon activity, but cannot access the animal(s) due to circumstances out of Dogs Run the Fox LLC’s control (ex: client locks the doors, did not leave keys, etc)
Client cancels with less than 24 hours of notice.
For first-time pet sitting clients, 50% of your total bill will be collected immediately and the remaining 50% will be due upon completion of all our visits after you return home. “Dog Walking” and related services that are scheduled on a regular repeating basis will be billed and collected upfront for the first 7 days of visits. Subsequent sitting and walking/running charges will be collected on a weekly basis after services are performed.
Any and all cancellations with less than 24 hours of notice will be billed at the full rate with no refunds. Cancellations for a Monday visit must be received by the previous Saturday at close of business, 2pm.
Client grants all Dogs Run the Fox LLC representatives access into Client’s home.
If an apartment building, Client grants building management authorization to open any required door(s) and allow Dogs Run the Fox LLC representatives to enter the home and perform any and all required activities.
Client grants Dogs Run the Fox LLC the authority to duplicate keys on an as-needed basis. Typically 2 keys will be required for: the primary Dogs Run the Fox LLC representative and a master key to be held in our main office. Key copies will be returned to client at termination of services upon client’s written request.
4. Operations Hours
Pet visits may be scheduled any day of the year between 9am and 7pm, depending on our availability.
“Office Hours” are the times that we are available to communicate with you to schedule/add/change/modify appointments and include the hours between 9am and 7pm, Monday through Friday and 10am through 2pm on Saturdays.
Requests via email or phone to change previously-scheduled appointments will only be accepted within our Office Hours. Requests made after the close of Office Hours will not be seen or accepted until the beginning of Office Hours on the next business day. The start of your 24 hours of advanced notice to modify appointments begins at the start of this next Office Hours period.
Any communication by you to us starting at 2pm on a Saturday will not be seen, heard, recognized, or accepted until the start of the next Office Hours session, which is 9am on the following Monday.
5. Visit Hours
We make every effort to visit your pet at the agreed “target time” you have given us. Client grants us the flexibility to move the visit time before or after the target time, if needed, on occasion.
Client has conducted due diligence through a qualified veterinarian in assessing pet(s)’ health and ability to endure the services Dogs Run the Fox LLC provides and authorizes Dogs Run the Fox LLC to conduct their services without restriction.
7. Disclaimer of Liability
Dogs Run the Fox LLC expressly disclaims liability for any claim, loss, or liability of any kind resulting from:
Client’s failure to adequately supervise or control or safeguard your premises; or without Dogs Run the Fox LLC express prior written approval, entrusting Dogs Run the Fox LLC representatives with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables.
Your requesting or permitting Dogs Run the Fox LLC representatives to use any vehicle, regardless of ownership, in connection with the performance of services for you unless we have given our prior approval in writing.
Promises of increased compensation or benefits made by you to Dogs Run the Fox LLC representatives.
Unsubstantiated claims by any Dogs Run the Fox LLC representatives relating to our product or service.
Your assigning Dogs Run the Fox LLC representatives to duties different from their original duties or your making changes to Dogs Run the Fox LLC representative’s job duties or risks without our prior written approval.
Claims by any person based on allegations that our business activities damaged the environment.
The conduct of your household members and neighbors.
Failure by you to provide Dogs Run the Fox LLC representatives with a safe work site or to provide information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site, whether or not required by law.
Claims for special, indirect, consequential, punitive, or lost profit damages.
A violation or breach by you of any law, statute, or regulation.
Property damage or personal injury, including death, arising out of or resulting from acts or omissions of Dogs Run the Fox LLC representatives.
Client’s known or unknown physical condition of their pet, including said pet(s)’ ability to endure the services we provide.
8. Prompt Payment
Dogs Run the Fox LLC will automatically charge the Client via credit card. Billing typically occurs each week on Mondays for services performed in the prior week. No obligations for services or costs shall be incurred by Client except as stated herein.
Client agrees to pay a 25 percent (25%) per month service charge on all accounts not paid within thirty (30) days from date of invoice receipt. In the event Dogs Run the Fox LLC institutes litigation to enforce its rights under this agreement and is the prevailing party in such litigation, Dogs Run the Fox LLC shall be entitled to costs of suit and reasonable attorney fees incurred by it in connection with such litigation.
Dogs Run the Fox LLC reserves the right to suspend scheduling services until such a time as any account more than thirty (30) days past due is brought current.
9. Governing Law
This agreement will be governed by and enforced in accordance with the laws of the state of Illinois. The parties agree that state and federal courts within the state of Illinois shall have the exclusive jurisdiction over any litigation brought or arising out of this agreement.
10. Liability and Insurance
Dogs Run the Fox LLC and Client agree that Dogs Run the Fox LLC’s total liability to you for any claims, losses, expenses, or damages whatsoever arising out of or in any way related to this Agreement from any cause or causes, including our negligence, shall not exceed the total amount paid to us or paid on our behalf by our insurers under these coverages in settlement or satisfaction of your claim. If no such insurance coverage is provided with respect to your claim, then our total liability for such uninsured claim shall not exceed twenty-five percent (25%) of the total of the payments made by you to us under this Agreement.
Client is responsible for any damage done to any Dogs Run the Fox LLC representatives’ property caused by client’s pet(s), whether on yours, ours, or neutral premises.
Each party will, except to the extent disclaimed in this agreement, indemnify and hold the other party harmless from and against all costs and expenses, including reasonable attorney’s fees and the reasonable costs of investigation from:
Claims for personal injury or property damage to the extent caused by an indemnified party’s negligence in the performance of its obligations under this Agreement
Claims for bodily injury to the extent covered by the indemnifying party’s workers’ compensation insurance
A breach of the indemnifying party’s obligations under this Agreement
Dogs Run the Fox LLC does not guarantee the accuracy of information provided regarding a Dogs Run the Fox LLC representative’s personal background regardless of our due diligence to ensure the most qualified, honest, and professional team members, and disclaims any responsibility for claim, loss, or liability as a result of a Dogs Run the Fox LLC representative’s acts or omissions.
13. Equal Employment Opportunity
Dogs Run the Fox LLC does not discriminate in referrals, or consent to discrimination by its clients, against any Dogs Run the Fox LLC representative on the basis of age, race, color, religion, disability, sex, national origin, or veteran status.
Client’s acceptance and allowance of our services shall constitute Client’s acceptance of the terms and conditions of this agreement.
The failure of either you or us to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof.
This Agreement may be amended only by a written agreement between you and us that expressly amends, terminates, or supersedes this Agreement.
17. Validity of Terms
If any term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions of this Agreement shall not be affected thereby.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and us, and no other understanding that modifies the terms hereof shall be binding unless made in writing and signed by authorized representatives of both you and us.
19. Picture Usage
Provided that we deliver a highly satisfactory experience, Dogs Run the Fox LLC may post a picture of your pet on our website and/or facebook wall as a “satisfied client”.
20. Written Testimonial
Provided that we deliver a highly satisfactory experience, Dogs Run the Fox LLC may use any of your written testimonials/compliments on any digital or printed materials.
21. In Case Of Property Emergency
Client gives Dogs Run the Fox LLC permission to authorize emergency work for property repair, if necessary, to prevent damage. Client will be responsible for full payment of such work, not Dogs Run the Fox LLC or any of their representatives.
22. In Case Of Veterinary Emergency
Client gives Dogs Run the Fox LLC permission to travel to and visit a veterinarian. Client authorizes emergency medical care for their pet(s) as deemed necessary by any veterinarian. Client will be responsible for full payment of such care, not Dogs Run the Fox LLC or any of their representatives.