PET SERVICES AGREEMENT

THIS AGREEMENT made this ______ day of ____________________ 20__ between Cassandra Wright operating as The Wright Choice Pet Services (the “Handler”) and ______________________________________________ (the “Owner”) WITNESSES that in consideration of the covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each of the parties), the parties covenant and agree as follows:

1.    Services - The Owner retains the Handler to perform the services described in paragraph 6 in Schedule “A” (the “Services”) for the pet(s) described in paragraph 2 in Schedule “A” (the “Pet”). The Owner authorizes the Handler to enter the Owner’s home for the purposes of performing the Services and shall provide the Handler with a set of working keys to the Owner’s home.

2.    Fees - The fees for the Services are set out in Schedule “B” (the “Fees”). The Handler shall invoice the Owner weekly (each Friday) for the Services provided and the Fees (plus all applicable GST, if any) shall be payable in full, without deduction, on the following Monday, failing which the Handler may cease to provide the Services until all outstanding Fees have been paid. The Handler may increase some or all of the Fees on 30 days written notice to the Owner.

3.    Emergencies - If emergency medical care is necessary for the Pet, it is agreed that the Handler may obtain such medical care from any licensed veterinarian, the expense of which will be paid by the Owner on demand.

4.    Term and Termination

(a) This Agreement shall commence on the date of this Agreement and continue until terminated in accordance with the terms of this Agreement.

(b) Either party may terminate this Agreement on 15 days written notice to the other.  If a predetermined timeframe for services has been agreed upon, it is to be specified here. ______________________________

(c) The Handler may terminate this Agreement immediately if:  (i) the Owner fails to pay the Fees when due; or (ii) if, in the sole opinion of the Handler, the Pet exhibits aggressive behaviour.

5.    Indemnification and Hold Harmless - The Owner shall indemnify reimburse and hold harmless the Handler, and the Handler’s duly authorized agent, from any and all Claims which result from or arise out of:

(a) any injuries inflicted or damage caused by the Pet on other animals, on the Handler, on the Owner and on third parties;

(b) any physical damage caused by the Pet; and

(c) the injury or death of the Pet; even if any such Claims are due, in whole or in part, to the negligence of the Handler or the Handler’s agent. The term “Claims” means claims, losses, damages of every nature and kind, legal proceedings, judgments, penalties and other sanctions of every nature and kind whatsoever, and all costs arising in connection therewith, including, without limitation, all legal fees (including, without limitation, all legal fees in connection with any and all appeals).

6.    Limitation of Liability - The Handler’s total liability (whether in contract, tort or otherwise) under this Agreement or in connection with the provision of the Services (or the failure to provide the Services) shall not in any event or for any reason whatsoever (even if the Handler or the Handler’s agent is negligent) exceed the total Fees actually received by the Handler from the Owner under this Agreement in the 3 month period preceding the rise of the claim.

7.    General Contract Provisions

(a) Schedules

Schedules “A” and “B” are incorporated into and form an integral part of this Agreement.

(b) Entire Agreement

This Agreement, including any Schedules attached to this Agreement, constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. There are no representations, warranties or other agreements, whether oral or written, between the parties in connection with the subject matter of this Agreement except as specifically set out in this Agreement. No amendment, supplement, modification, waiver or termination of this Agreement shall be binding on the parties unless same is in writing and signed by all of the parties.

(c) Assignability

Neither this Agreement nor any rights or obligations of any of the parties under this Agreement may be assigned by any of the parties without the prior written consent of all of the other parties. The Handler may, however, have some or all of the Services provided by the Handler’s agent.

(d) Binding Effect

This Agreement shall enure to the benefit of and shall be binding upon the parties and their respective heirs, executors, administrators and permitted assigns. THE parties have executed this Agreement with effect as of the date of this Agreement.


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Name: Cassandra Wright, o/a The Wright Choice Pet Services


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