T.O.S.

Terms of Service

1.Overview: Client identified below, enters into the agreement with Tampa Pet Sitters LLC, its agents, affiliates, contractors, representatives, assistants and/or associates, herein referred to as TPS, the contents of the agreement apply to the initial period of time during which services will be rendered, herein after referred to as “Service Period,” as well as to any subsequent Service Period’s in the future. Details of the services to be provided are expressed separately – in writing, orally or both – and may be changed from time to time upon Client’s notification and TPS’s subsequent acknowledgment and agreement. Costs of services are based upon TPS’s published rates and fees, which are available for Client’s review, and they are subject to change without notice.

2. Confirmation of Service Periods: Service periods are confirmed by email directly to the email address that has been provided by the client in the client profile within twenty-four hours prior to the service period. Email confirmations will be sent every 7 days if made in advance until the service period starts.

3. Client’s return: Client agrees to contact TPS by telephone immediately upon return to the home –whether early, on time, or late – to check in and close the Service Periods. If client does not contact TPS immediately upon return, Service Periods may be extended as detailed below under “Extension of Service Periods” and may result in additional changes.

4. Extension of Service Period: In the event of a delay in the Client’s return, Client must contact TPS at earliest opportunity. Service Periods may be extended by mutual agreement between TPS and Client by telephone. In case of international travel, cruise ship travel, or emergency situations, in which an emergency telephone call to TPS is not possible or practical, TPS may extend the Service Periods to accommodate the needs of the pets, plants and home for a maximum of forty-eight (48) hours. If no contact is made to TPS within forty-eight (48) hours, TPS, reserves the right to surrender key(s) of the home and the care of its animal inhabitants to a pre-specified Emergency Contact, at which point the Service Period closes.

5. Food and Supplies: Client agrees to ensure that an adequate amount of food and/or other supplies are available, obtainable, in good condition, and in a location that TPS can easily locate in the home prior to the commencement of the Service Periods and for the duration of the entire Service Period. Client understands that depletion of such food and/or other supplies would result in TPS replenishment with the same or a reasonable substitute in any quantity at client’s expense, plus applicable errand surcharges.

6. Security Systems: TPS is not liable for any charges, fines, or other damages resulting from the malfunction or unintended triggering of a security system.

7. Client agrees to participate in the “Key on Hand Program” should Client require on-going services such as monthly dog walking and/or frequent pet sitting reservations, whereby two sets of keys are made and kept in a lock box at TPS headquarters. The keys are labeled with a code that corresponds to the client info within our backend system. No identifying information other than the secret is placed on the key.

8. Property Damage: TPS is not responsible for damage to Client’s property caused by Client’s pet(s) during the Service Period. If any neighbor, friend, family member, contractor, or other Client representative enters Client’s home or property during a Service Period, TPS is not responsible for damages or loss to Client’s property.

9. Personal Injury: Client assumes responsibility for injuries and disabilities sustained by TPS caused by clients’ pets and/or home, including, but not limited to, bites, scratches, mauls, hazards, etc. TPS generally does not provide service for aggressive animals. If client misrepresents an animal’s history of aggression, client places TPS at substantial risk and may be liable for significant punitive damages. If any of client’s pet’s exhibit signs or acts of aggression after client enters this agreement, client is obligated to notify TPS of the incident(s) (a) at once if a service period is pending, or (b) upon requesting future service. TPS decision to provide care to an animal(s) following client disclosure of unsatisfactory animal’s behavior does not indemnify client from claims resulting from such animal(s). If TPS takes pet(s) off clients premise(s), client agrees to indemnify and hold harmless TPS for any injury or damage which may be caused to others by the actions of clients pet(s), or to clients pet(s) caused by the actions of other animal(s), including, but not limited to, loose or stray dogs.

10. Plant Care: Upon request TPS will provide reasonable plant maintenance, however client indemnify TPS from liability in the event the plant becomes damaged.

11. Outdoor Animal(s): TPS is not responsible for injury, disappearance, or death of pet(s) with unaided or unassisted access to the outdoors. Unaided or unassisted access will include but not be limited to pet doors.

12. Loss of Animal(s): TPS strongly encourages client to maintain legible and accurate identification on pet(s), even if the pet(s) is not normally provided access to the outdoors. Clients should insure that an animal(s), which may be quick to spring from the premise upon the opening of a door or gate, is additionally restrained from the exit. (i.e. Crate, internal door, etc.) If client fails to comply with such reasonable and prudent precautions, then client agrees to indemnify and hold harmless TPS from the loss of such pet(s).

13. Urgent Animal Care: In case of an illness or injury that TPS believes to threaten clients pet(s) lives or quality of life, TPS will make every reasonable attempt to secure prompt treatment for clients pet(s). Client authorizes TPS to authorize emergency first aid and/or medical surgical treatment to clients pet(s) at a veterinary clinic of TPS’s choice during the service period, and client agrees to be solely responsible for all expenses incurred resulting from such effort, even if unsuccessful, up to limits designated in writing, or if not available, at TPS ‘s discretion. Due to the nature and urgency of some pet(s) health emergency, where time is of the essence, there may not be time to consult with client and/or Client specified emergency contact(s) when TPS considers it’s safe and/or appropriate to do so.

14. Urgent Home Care: In the event that Client’s home is damaged during the Service Period, and if TPS will first attempt contact with Clients and/or Emergency Contact(s) to establish a plan of action, and if neither Client, nor Emergency Contact(s), can be reached, Client authorizes TPS to take appropriate steps to return the property to a safe, secured and/or stable condition at Client’s expense. Examples of such urgent home care include but are not limited to window breakage, water damage due to plumbing problems, forced entry, tree limb damage, vehicle damage, etc.

15. Trespassers: During the Service Period there is to be no one else allowed on the Client’s property (including home and yard) without prior approval from both TPS and the Client. If anyone other than TPS enters the client’s property during the Service Period without advance acknowledgment to TPS, the Client will be responsible for all situations thereafter the trespassers entry.

16. Mandatory Arbitration: If a dispute arises between TPS and the client any action must be attempted to be resolved by either mediation or non-binding arbitration before any legal action is commenced. If either party institutes mediation or arbitration it is agreed that the rules of the American Arbitration Association will govern the proceedings. The parties agree to split mediation and arbitration costs.

17. Attorneys’ Fees. If client commences a legal proceeding to enforce or obtain a declaration of rights under this agreement, and TPS becomes the prevailing party in such proceeding, then TPS shall be entitled to recover its reasonable attorney’s fees and costs incurred in the proceeding from the non-prevailing Client, as well as any reasonable attorney’s fees and costs that TPS incurred prior to commencing the proceeding.

18. Payment Terms: Unless otherwise mutually agreed upon, payment for the first service is due during the consultation visit. Payments for services thereafter are due prior to the first day of the Service Period. A late fee of $10.00 will be charge for any invoices that are over ten (10) days overdue. Returned checks are subject to a $25 handling charge, and may result in cash payment being required in advance for future services and/or to settle and existing outstanding balance. Accounts outstanding more than sixty days from the end of the Service Period may be turned over to a collection agency. Client agrees to pay all costs associated with the employment of such collection agency in obtaining or attempting to obtain the outstanding balance due and applicable late fee(s). Client may cancel any or all portion of unused or future contracted visits whereby the following cancellation fees may apply. Client agrees: a) they shall be responsible for paying a flat fee of $75.00 for any Pet Sitting and/or Overnight Pet Sitting appointments scheduled to begin 4 or fewer days of said cancellation; b) they shall be responsible for paying a fee equal to the revenue for all Mid-Day Dog Walking visits scheduled within 24 hours of said cancellation.

19. Severance and Choice of law: If any term or terms of this agreement are deemed invalid or illegal by a court of competent jurisdiction, that term shall not affect the validity of the remaining provisions of this agreement. This Agreement shall be governed by the laws of the State of Florida.

20. Client agrees to have pictures taken of their pets if TPS wants to use them for marketing purposes. The pictures will only be of the pets and no breach of security will be at risk.

I have READ, UNDERSTAND, AND AGREE to, all terms and conditions specified above and have been provided a legible copy of this document.