The Standard Terms and Conditions of this agreement were last updated on May 01, 2017.
Identification of Parties
The parties to this agreement are:
Tracy L. Wood, o/a “The Sophisticated Dog”
616 Bentinck Dr, Corunna, ON N0N 1G0
Primary Phone: 519.312.2325
Secondary Phone: 519.330.7883
(Referred to in all legal documents as “the Handler”)
AND
The party specified in the document labelled ‘New Client Intake’, provided to both parties separately via email or delivered in person.
(Referred to in all legal documents as “the Owner”)
The parties choose the specified addresses as their physical addresses at which legal proceedings may be instituted.
Whereas the Owner wishes to engage the Handler and the Handler agrees to undertake the services under the terms and provisions defined in this agreement as well as the New Client Intake, which shall become a part of this agreement. Any reference to dogs or pets in this agreement shall refer to those specified in the New Client Intake.
As a courtesy, this document has been provided to the Owner via email. In the case of any discrepancy between documents, the document hosted at https://sitsmilewag.ca/terms shall prevail.
1.0 General Services
1.1 Relationship and Responsibilities
It is expressly understood that the Owner retains the services of the Handler as an Independent Contractor and not as an employee. The Handler shall be responsible for his/her insurance and all statutory declarations and payments with regard to applicable taxes.
The Handler undertakes to perform the agreed upon services in an attentive, reliable and caring manner and the Owner undertakes to provide all necessary information to assist in this performance.
The Handler agrees to provide all services in a kind, humane, reliable and trustworthy manner. The Owner agrees to notify the Handler of any concerns within 24 hours of their first contact with the pet following the provision of services. In case of an emergency, inclement weather or a natural disaster the Owner authorizes the Handler to use their reasonable judgement for the care and well being of the Owner’s pet(s) and/or real property.
The Handler undertakes to notify the Owner of any occurrence pertaining to the dog which may be relevant to the care and well being of the dog.
The Owner will ensure that the dog is legally licensed in the municipality in which the Owner resides and will maintain the license (including subsequent renewals) during the Term of this Agreement. Costs associated with licensing are solely the Owner’s responsibility, and the Owner agrees to reimburse the costs of any fines or fees incurred by the Handler, plus interest of 10% per month, should the Handler incur these expenses in the course of providing the agreed services.
The Owner will ensure the dog has been fully vaccinated (including Rabies) and will maintain all vaccinations as current during the Term of this Agreement.
The Handler shall not be obligated to perform any other duties except those specified in the New Client Intake.
The Owner gives the Handler authorization to enter the address specified in the New Client Intake as needed to perform the necessary services and authorizes this document to be valid approval for the services specified as a part of this agreement.
1.2 Compensation
The Owner shall select the desired services in consultation with the Handler, which will be outlined in the Quote for Services. Arrangement of services can be agreed to on a weekly or as need basis and adjusted based on the needs of the Owner and availability of the Handler. All service adjustments will be agreed to in writing via email or other mutually agreeable means.
All fees for services performed are payable in Canadian Dollars and outlined in the Quote for Services.
Cheque, cash or email transfers are accepted at this time. Payment via credit card can be arranged, in which case a 3% convenience fee will be levied to the agreement price. This fee covers the merchant bank fees which are levied upon us for processing your payment via credit card.
The Owner understands this contract and agrees that invoices are considered due upon receipt. Accounts in arrears for 14 days will incur interest of 10%, compounded monthly.
The Handler shall levy a free of $50.00 for any cheques returned due to non-sufficient funds. In the event that any two cheques are returned for non-sufficient funds within a one year period, the Owner will agree to pay for subsequent services weekly in advance with cash, credit card, or email transfer, otherwise, The Handler reserves the right to immediately terminate this agreement.
1.3 Duration
This agreement shall be in force for the duration specified in the Quotation for Services
OR
Terminate when either party gives seven (7) days written notice of termination. (Email is an acceptable mode of written authorization).
The Owner authorizes this agreement to be valid approval for future services of any purpose provided by this contract permitting the Handler to accept telephone or email reservations for continued or renewed services and enter premises without any additional signed agreements or written authorization.
1.4 Cancellation or Early Termination
Should any dog become aggressive or dangerous to humans or other animals, the Handler may immediately terminate this agreement.
The Handler may immediately terminate this agreement should the Owner provide false or misleading information in the New Client Intake.
If the Owner attempts to solicit services agreed upon between the Handler and the Owner directly from anyone contracted with the Handler, the Handler my immediately terminate this agreement due to the potential breach of the duty of loyalty.
Termination under the circumstances described above shall not entitle the Owner to any refunds, nor relief of any outstanding payments due.
1.5 Liability
The Handler will carry liability insurance relative to the services performed for the Owner.
The Handler accepts no liability for any breach of security or loss of or damage to the Owner’s property if any person other than the Owner has access to the property during the term of this agreement. This includes but is not limited to friends, family members, and residents of the home other than the Owner.
The Handler shall not be liable for any injury that may befall a pet due to the natural behaviour of animals, or caused by another animal who has unsupervised access to the outdoors.
The Owner shall be liable for all medical expenses and damages resulting from an injury to the Handler caused by the Owner’s pet(s) as well as damage to the Owner’s property.
The Handler is released from all liability related to transporting the Owner’s pet to and from any veterinary clinic, groomers or kennel, the medical treatment and/or grooming or boarding services of the animal(s) and the expense thereof. If expenses are incurred by the Handler, the Owner agrees to reimburse the Handler for these expenses, plus interest of 10% per month if not reimbursed within 7 days.
The Handler acknowledges that the Owner’s dog will never be let off leash for any reason, except for any medical emergency or while in or on the Owner’s property, provided such property is adequately secured with appropriate barriers to avoid escape.
The Owner hereby acknowledges that they voluntarily have agreed to pay for the services for their pet as outlined in the Quote for Services and understand that the act of walking their dog, socializing with other people or animals, and/or training their dog around other people or animals involves risks of injury to the Handler, other people, their dog, and other dogs, and these risks are entirely the Owner’s responsibility. The Owner expressly assumes all these risks and further expressly agrees to be solely responsible for any injuries incurred or caused by their pet(s).
The Owner further understands that dogs, irrespective of their training and observed past behaviour or characteristics, may act or react unpredictably at times based upon instinct or circumstances, and agrees to assume the risk of injury to their dog. Additional risks include, but are not limited to: disease, dog fights, dog bites, and injuries to humans and other dogs, dog escape over or under fences; injury from vegetation which may have burrs or seeds that could become tangled in a dog’s coat or lodge in a dog’s feet, ears, nose or eyes; mosquitoes, ticks, wasps, fleas or other insects may be present; wild animals such as skunks, raccoons, porcupines or stray dogs or cats could be present, all of which might injure or infect their dog. The Owner understands and expressly assumes all of these additional risks.
By signing this Agreement, in consideration of all services that their dog may participate in, the Owner hereby fully and forever releases and discharges Tracy L. Wood, operating as The Sophisticated Dog in Corunna, Ontario from any and all claims, demands, damages, rights of action, or causes of action present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of intended use of said services.
The Owner has carefully read this release of liability and understands and fully agrees with its content.
The Owner acknowledges that if a bite occurs as a result of their dog, regardless of the victim, the Handler is responsible for reporting such event to the appropriate authorities.
1.6 Indemnification
The parties agree to indemnify and hold harmless each other as well as respective employees, successors and assigns from any and all claims arising from either party’s wilful or negligent conduct.
The Owner shall, at the Owner’s expense, defend the Handler against any claim or demand, whether or not well founded, arising from any act(s) or relation to the Owner’s property. The Owner shall indemnify and hold the Handler free and harmless from all cost, expenses and liabilities in connection with such claims or demands. These costs, expenses and liabilities, include amounts paid in settlement before or after suit is commenced, attorney’s fees and costs incurred by the Handler in defending against such claims or demands.
1.7 Emergencies
In the event of an emergency, the Handler shall contact the Owner at the numbers provided to confirm the Owner’s choice of action. If the Owner cannot be reached promptly, the Handler is authorized to:
- Transport the animal(s) to the listed veterinarian;
- Request on-site treatment from a veterinarian;
- Transport the animal(s) to an emergency clinic if the previous two options are not feasible in the reasonable judgement of the Handler.
1.8 Relaxation of Terms
No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
1.9 Whole Agreement
This agreement, the related Quote for Services, and New Client Intake constitute the sole and entire agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Any alteration to this agreement must be in writing and mutually agreed to by both parties.
1.10 Assignment
No party may assign any of its rights or delegate or assign any of its obligations in terms of this agreement without the prior written consent of the other party, except where otherwise stated.
1.11 Binding Effect
The terms of this agreement shall be binding upon and accrue to the benefit and be enforceable by either party’s successors, legal representatives and assigns.
1.12 Governing Law
This Agreement shall be construed, interpreted and governed in accordance with the laws of the Province of Ontario and should any provision of this agreement be judged by an appropriate count as invalid, it shall not affect any of the remaining provisions.
1.13 Miscellaneous
The parties agree that any or all parts of this agreement may be submitted to the other party in mutually agreeable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.
Paragraph headings are for convenience of reference and legibility only and are not intended to have any effect in the interpretation or determining of rights or obligations under this agreement.
Where appropriate words signifying one gender shall include the other and words signifying the singular shall include the plural and vice versa.
2.0 Dog Walking and Care Services
2.1 Relationship and Responsibilities
The Owner will supply appropriate waste bags and the Handler will duly remove the dog’s feces from all public places.
The Handler reserves the right to walk other compatible dogs at the same time but undertakes to limit the number of dogs walked with one person to four (4).
The Owner will provide suitable harnesses, collars and leads as approved by the Handler as well as coats, boots, or muzzles if required.
The Owner and the Handler mutually agree to provide the other party with a minimum of two weeks written notice for forthcoming vacation periods during which time dog walking will not occur (email is an acceptable mode of written authorization).
2.2 Compensation
For recurring weekly services, payment rendered as disclosed in the Quote for Services is required at the end of each week on Sunday before midnight, and must include any additional fees or charges. Receipts for payment will be provided within 2 business days.
Payments for one-time and occasionally scheduled QuickCare and StandardCare services are due on the day of service, in full.
2.3 Cancellation or Early Termination
Cancellation by the Owner of this Agreement where services are no longer needed but done so with walks remaining in the last StandardCare Program Package purchased will entitle the Owner to a full refund of the amount of walks remaining from that package at the rate for that package if the reason for the cancellation or early termination is not within the boundaries of section 1.4 of this Agreement.
Cancellation by the Owner of any scheduled walk must be done twelve hours prior to the start time of that walk. Failure to provide proper notification of a cancelled walk will result in the walk being cancelled as requested but the Owner will be charged for that walk.
Any Owner who frequently cancels walks may be subject to loss of the chosen schedule walk time or be subject to termination of this Agreement with full refund. Owners who are at risk will be given written notification as a first warning of the potential loss of their chosen schedule time due to frequent cancellations.
Where the Handler as sole proprietor needs to cancel a scheduled walk due to unforeseen circumstances, he or she may appoint a substitute Handler and any difference in the fees charged shall be for the account of the Handler.
(Email is an acceptable mode of written authorization).
2.4 Inclement Weather Policy
In the best interest of both the Owner’s dog and the Handler, walks will not occur if the temperature is below -25 degrees Celsius (inclusive of wind chill) or above 30 degrees Celsius (inclusive of humidex) or during weather conditions where high winds, heavy snow, heavy rain, or thunder and lightning prevent normal walking conditions and the safety of the Handler, dog, or both. In the event of inclement weather, the dog will be given an outdoor break at the Owner’s place of residence and then the duration of the time will be spent socializing indoors.
2.5 Security
The Handler warrants to keep safe and confidential all keys, remote control entry devices, access codes and personal information of the Owner and to return same to the Owner at the end of the contract period or immediately upon demand.
2.6 Shared Responsibility Access for Dog Walks
The Sophisticated Dog employs a team of highly qualified, trained and trustworthy Dog Handlers to meet the needs of our clients. The Handler and the Dog Handlers are insured, bonded and all have a clean criminal record check. In order for the Handler to provide the Owner with the flexibility to schedule and cancel services as needed, the Handler needs the Owner to understand and accept that your Dog Handler might not always be the same person. After being present for the introduction of a new dog to a new Dog Handler, the Handler also frequently walks the Owner’s dog(s) along side of the Dog Handler every couple of weeks – just to make sure everything is okay.
3.0 Other Pet Care Services
3.1 Compensation
At least 50% of the payment for services rendered as disclosed in the Quote for Services is required on the first day of the pet sitting service and must include any additional fees or charges.
If payment is cash or cheque, it is to be left in the home in a conspicuous place for the Handler to be received on the first day of service.
The remainder, and any outstanding fees by the end of the terms of services, are due on the date scheduled for the completion of services.
3.2 Cancellation or Early Termination
Either party may terminate this agreement a minimum of 24 hours prior to the first scheduled visit without incurring penalties or damages.
Cancellations made within less than 24 hours of the first scheduled visit will be charged a cancellation fee of 50% of the total fee that was specified in the Quote for Services.
Where the Handler as sole proprietor needs to cancel a scheduled pet care visit due to unforeseen circumstances, he or she may appoint a substitute Handler with the written approval of the Owner and any difference in the fees charged shall be for the account of the Handler.
(Email is an acceptable mode of written authorization).
3.3 Duration
In the event that the Owner is unable to return on the scheduled date, or decides to lengthen an absence beyond the agreed upon return date, and requires the Pet Care Service to be extended, the Owner must contact the Handler at least 24 hours in advance of the last day of service in order to be put back on the Handler’s schedule. Additional services will be prorated based on the existing agreement, and a convenience premium totalling 25% of the agreement’s value may be levied at the discretion of the Handler.
The Owner agrees to pay all additional fees that incur due to the extension of service, and to pay these fees immediately upon their return.
3.4 Emergencies
It is strongly recommended that the Owner informs their Veterinarian that a Pet Care Service will be caring for their pet(s) in their absence. If possible, the Owner should make arrangements to have the Veterinarian reimbursed for any service necessary during their absence by leaving their credit card number on file.
If a problem arises at the residence of the Owner, such as a pipe rupture, flooding, fire, break-in, et cetera, the Handler will make every effort to contact the Owner and follow their instructions. If the Owner cannot be reached or immediate action is necessary for the health, safety and welfare of the pet(s), the Owner authorizes the Handler to arrange any repairs deemed necessary by the Handler. The Owner agrees to reimburse the Handler for all expenses incurred for repair to the property and will hold the Handler blameless for work done by third parties. Reimbursement for these expenses is due upon receipt, with interest of 10% applicable, compounded monthly.
3.5 Security
The Handler warrants to keep safe and confidential all keys, remote control entry devices, access codes and personal information of the Owner and to return same to the Owner at the end of the contract period or immediately upon demand.
4.0 Private Dog Training Services
4.1 Compensation
Payment rendered as disclosed in the Quote for Services is required on the first day of service, in full and must include any additional fees or charges.
4.2 Cancellation or Refunds
Either party may terminate this agreement with at least 24 hours notice prior to the first scheduled visit without incurring penalties or damages.
Cancellations made within 24 hours of the first scheduled visit will be charged a cancellation fee of 25% of the total fee specified in the Quote for Services.
If the training sessions have begun and the Owner is unable to continue with the sessions for any reason, the remaining, unused sessions will be refunded to the Owner at the rate specified in the Quote for Services.
4.3 Inclement Weather Policy
In the best interest of both the Owner’s dog and the Handler, training sessions typically held outside will not occur if the temperature is below -35 degrees Celsius (inclusive of wind chill) or above 35 degrees Celsius (inclusive of humidex) or during weather conditions where high winds, heavy snow, heavy rain, or thunder and lightning prevent normal training conditions or threaten the safety of the Handler, the dog, or both. In the event of inclement weather, the training session will be moved indoors if a suitable indoor environment is present or rescheduled.
4.4 Training Outcomes
The Owner understands and agrees that the degree to which a dog is successfully trained is a function of the interest, commitment and cooperation of the Owner. The Owner acknowledges and agrees that there is no guarantee that their dog will achieve the desired outcome, despite the best efforts of the Handler.