1. These Terms of Service (this “Agreement”) are an agreement between Your Home Pet Care, LLC. A Texas limited liability company (“YHPC” or “us” or “our”) and you (“Client” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of any and all services made available by YHPC (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services. This Agreement shall survive termination of the Services by either party.
2. The client may schedule service via YHPC’s website or may make telephone reservations for pet care service, subject to availability of a Pet Care Specialist. Prompt notice is required for any change in reservations to avoid additional service charges. For example, should Client return home early, Client should immediately notify YHPC to avoid additional service charges. See our website for details.
3. The cost per visit and the total number of visits will be scheduled in YHPC’s website’s online reservation and scheduling system. Advance payment is required. Client authorizes YHPC to charge Client’s credit card for extra or extended services and/or additional service charges.
4. Client agrees if payment is not made when due that YHPC may charge a finance charge of 5% per month on any unpaid balance after 30 days. A handling fee of $25.00 will be charged on all returned checks. In the event it is necessary to initiate collection proceedings on the account, Client will be responsible for all attorney’s fees and costs of collection whether or not suit is filed.
5. On-demand services are provided as a convenience to YHPC customers; however, any last minute requests require a Pet Care Specialist to be available on short notice. YHPC will assess a 15% surcharge for appointments that start within two hours of the reservation. Additionally, YHPC will charge a flat fee of $15 for the following holidays: New Year’s Eve, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day. YHPC has a fair and flexible cancellation policy that provides 100% refunds if cancellations are made within a reasonable timeframe giving the Pet Care Specialist an opportunity to fulfill other appointments. Reservations canceled within twenty-four hours will result in a 50% refund. If customers return early after service has started no refunds or credits will be issued.
6. YHPC is authorized to perform care and services as outlined in this Agreement. If in YHPC’s judgment, the welfare of Client’s animal requires additional services to care properly for the animal, YHPC will make a reasonable attempt to contact Client. If Client is not available for whatever reason, Client authorizes YHPC to undertake such additional action s as in YHPC’s reasonable judgment may be necessary or appropriate for the health and welfare of the animal, including but not limited to (a) additional visits by YHPC to provide care for the animal; (b) consultation with Client’s veterinarian, or with an alternative veterinary care provider should Client’s veterinarian be unavailable; 2 (c) authorizing care and treatment as recommended by Client’s veterinarian or an alternative veterinary care provider (excluding euthanasia) up to a maximum cost of $500.00, and (d) such other steps as in YHPC’s reasonable judgment may be necessary or appropriate for the health and welfare of the animal. Client agrees to be responsible for any and all fees and expenses incurred for care and treatment of the animal, and releases and holds YHPC harmless from all liability related to the transportation of the animal and, treatment and/or care of the animal. In addition, Client agrees to reimburse YHPC for any and all expenses, including any additional fees incurred for attending to the animal(s)’ needs or for any other home/food/supplies needed. Notwithstanding anything to the contrary herein, YHPC is not obligated to undertake any of the actions described in this paragraph.
7. In the event of personal emergency or illness of a Pet Care Specialist, Client authorizes YHPC to arrange for another qualified person to fulfill responsibilities in this Agreement. YHPC will reasonably attempt to notify Client regarding such a situation.
8. In the event of inclement weather or natural disaster or other Acts of God, Client authorizes YHPC to use its best judgment in caring for Client’s animal(s) and home and property, and Client agrees to hold YHPC harmless to the fullest extent permitted by law for any and all loss, harm, expenses or damages as a result of such decisions.
9. Client covenants that all animals are current with their shots and/or vaccinations. Should a Pet Care Specialist be bitten or otherwise injured by Client’s animals, Client agrees to pay all medical costs and lost wages incurred by such Pet Care Specialist due to such injury. The client is to notify YHPC if anyone has keys or access to Client’s property other than the Pet Care Specialist during the time the Pet Care Specialist is caring for Client’s home and animals. Neither YHPC, its equity holders or affiliates or any Pet Care Specialist shall be held liable for damage done to Client’s home or animals by others with such access.
10. YHPC agrees to provide its services in a reliable, caring and trustworthy manner. As an express condition hereof, CLIENT EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS AGAINST YHPC , ITS EQUITYHOLDERS, AFFILIATES, EMPLOYEES AND PET CARE SPECIALISTS ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE PROVISION OF SERVICES HEREUNDER, EXCEPT THOSE ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF YHPC, ITS AFFILIATES OR PET CARE SPECIALISTS. FURTHERMORE, CLIENT WILL INDEMNIFY YHPC, ITS EQUITYHOLDERS, AFFILIATES, EMPLOYEES AND PET CARE SPECIALISTS TO THE FULLEST EXTENT PERMITTED BY LAW AND HOLD THEM HARMLESS WITH RESPECT TO ALL LOSS, HARM, EXPENSE OR DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATED TO THE SERVICES PROVIDED HEREUNDER (INCLUDING, WITHOUT LIMITATION, ANY INJURY, DISEASE OR OTHER HARM SUFFERED OR INCURRED IN THE COURSE OF PROVIDING SERVICES HEREUNDER AND ANY DAMAGE TO CLIENT’S PROPERTY), EXCEPT WHERE ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF YHPC OR ITS PET CARE SPECIALISTS. NOTWITHSTANDING ANYTHING HEREIN OR ANY OTHER AGREEMENT BETWEEN THE PARTIES TO THE CONTRARY, CLIENT AGREES THAT IN NO EVENT SHALL YHPC, ITS EQUITYHOLDERS, AFFILIATES, EMPLOYEES OR ITS PET CARE SPECIALISTS BE LIABLE FOR MORE THAN $1000.00 FOR ANY DAMAGES WHATSOEVER.
11. YHPC and Client each may terminate this Agreement at any time by written notice to the other. Client shall pay YHPC for all services rendered until notice of termination is received, and for any transition services reasonably required to provide for the health and welfare of Client’s animals. YHPC will not terminate this Agreement during a period of scheduled service unless YHPC determines in its sole discretion that a danger exists to the health or safety of a Pet Care Specialist. If such concerns preclude YHPC from providing further care of the animal, then Client authorizes such animal to be placed in boarding with all charges to be charged to Client. YHPC will reasonably attempt to notify Client in the event of such a situation.
12. Client acknowledges that by procuring the Services, Client is providing written approval for the provision of Services by YHPC during any service period scheduled by Client. Upon such scheduling and acceptance by YHPC, YHPC will be authorized to enter Client’s premises and perform services without signed additional contracts or written authorization.
13. Client agrees that this Agreement shall be governed by the laws of the State of Texas without giving effect to any conflicts of laws rules that would require the application of the laws of any other jurisdiction. Any dispute, claim or controversy arising under, in connection with or relating to this Agreement shall be hall be finally settled by confidential binding arbitration under the then prevailing Commercial Rules administered by the American Arbitration Association, and Client at this moment consents to any such disputes being so resolved. The place and seat of arbitration shall be Dallas, Texas.
14. Client acknowledges Client has reviewed this Agreement in its entirety and agrees to all its terms and conditions as set out above. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. If possible, any invalid, illegal or unenforceable provision shall be limited or interpreted to the minimum extent necessary to cure its defect.