Client desires to engage Tails & Trails, Inc., its employees, members, agents and representatives (“Tails & Trails, Inc.,”) to obtain the care and services provided by Tails & Trails, Inc., (the “Services”) for Client’s pet(s) (the “Pets”), and Tails & Trails, Inc., agrees to provide Services in accordance with the terms and conditions of this Service Agreement (the “Agreement”).
In consideration of the following terms and conditions, and other good and valuable consideration hereby acknowledged by the parties
hereto, Client and Tails & Trails, Inc., agree as follows:
1. Client authorizes and engages Tails & Trails, Inc., to perform the Services as set forth herein and in the prices reflected on our
website, (www.tailsandtrails.pet) for the time period(s) as requested by Client (“Scheduled Period”). During any Scheduled
Period, fees for Services will be calculated pursuant to the website, which may be modified from time-to-time by Tails & Trails, Inc., in its sole discretion. If Client determines that any Services scheduled during the Scheduled Period are no longer
required, Client must notify Tails & Trails, Inc., promptly, and in no event less than 8 hours prior to the scheduled service,
otherwise Client will be charged the full amount for the service.
2. In the event of an emergency (e.g., injured pets, severe weather, broken pipes, natural disaster, fire, etc.), Tails & Trails, Inc., is
hereby authorized to take all measures deemed necessary or advisable by Tails & Trails, Inc., 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 Tails & Trails, Inc.,, 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 Tails & Trails, Inc., 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.
3. Client shall promptly pay all invoices from Tails & Trails, Inc., and may be required to pay certain fees in advance as determined
by Tails & Trails, Inc.,. Late fees, handling fees for returned checks and other fees shall be payable as set forth on the website.
Client shall pay interest charges at the lesser rate of one and one-half percent (1.5%) per month or the maximum rate permitted by
law 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.
4. Client represents and warrants that Pets are currently vaccinated in accordance with all local and state laws and regulations. Client
agrees to indemnify, defend and hold harmless Tails & Trails, Inc.,, its respective employees, members, agents and affiliates from
all liabilities, claims and expenses, including reasonable attorney’s fees, that arise from or relate to Pets’ behavior, including
without limitation property damage, personal injury or death caused by Pets.
5. Tails & Trails, Inc., occasionally takes pictures of the Pets we walk and pet sit. We reserve the right to use these images on our
website, business cards, social media and for marketing purposes.
6. TAILS AND TRAILS PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SERVICES AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN CONSIDERATION OF THE
SERVICES AND AS AN EXPRESS CONDITION THEREOF, THE CLIENT EXPRESSLY WAIVES AND RELINQUISHES ANY
AND ALL CLAIMS AND LIABILITIES OF ANY KIND AGAINST TAILS AND TRAILS ARISING FROM OR RELATING TO
THE SERVICES OR THIS AGREEMENT, EXCEPT THOSE ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF TAILS AND TRAILS. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DOG GONE
WALKING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
CONNECTION WITH THIS AGREEMENT, EVEN IF TAILS AND TRAILS HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES; IN NO EVENT SHALL TAILS AND TRAILS' TOTAL AND AGGREGATE LIABILITY
HEREUNDER EXCEED THE AMOUNT PAID BY CLIENT TO TAILS AND TRAILS HEREUNDER.
7. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party with notice of
such termination. 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 Commonwealth of Oregon, 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.
8. I furthermore agree to and understand the following:
- Tails and Trails has permission to provide my keys to any employee that will be conducting services.
- If client supplies only one key, Tails and Trails cannot respond to emergency situations in a timely manner. Client
- understands that their pet may not be cared for as scheduled.
- Client further understands that if the services of a locksmith are required in order to access your home, client is responsible
- for all locksmith charges and any additional time the sitter is required to wait at the home until the locksmith arrives.
- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.