Doggy Detail Service Agreement
Dog Poop Clean-up Service Agreement
Client desires to engage Doggy Detail, its officers, directors, employees, members, agents, and representatives (“Doggy Detail”) to obtain services provided by Doggy Detail (the “Services”) for Client, and Doggy Detail 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 Doggy Detail agree as follows:
Client authorizes and engages Doggy Detail to perform the Services as set forth herein and in the below service description provided to Client (the “Initial Service/Recurring Services”) for the initial period of 12 months from date of initial service & unless cancelled by the client, will automatically continue the service frequency defined above, until the agreement is cancelled by either party. During the service period, fees for Services may be modified from time-to-time by Doggy Detail in its sole discretion. In the event of a modification of fees for Services, Doggy Detail agrees to provide Client with at least one week’s prior written notice. If Client determines that any Services scheduled are no longer required, Client must notify Doggy Detail within 12 hours prior for Dog Waste Removal or Ancillary Service or pay 100% of service charge.
1. EITHER PARTY MAY TERMINATE THIS AGREEMENT AT ANY TIME FOR ANY REASON OR NO REASON BY PROVIDING THE OTHER PARTY WITH WRITTEN NOTICE, BY WAY OF ELECONTRIC MAIL (“E-mail”) AND OR SHORT MESSAGE SERVICE (“SMS”) OF SUCH TERMINATION.
2. Client shall be responsible for providing Doggy Detail employees access to their backyard, or area which is to be serviced. If the employee is unable to access the area to be serviced, the Client agrees to pay 100% of the service charge.
3. Client acknowledges, agrees, and accepts the Doggy Detail “Bad Weather Policy", which is incorporated herein and described below as part of this Agreement.
4. Client shall promptly pay all statements from Doggy Detail and if payment is not received within 30 days of billing date, Client agrees to pay $6 late fee. Client agrees that Client shall be responsible for all costs and fees associated with all collection efforts and or any legal proceedings, including attorneys’ fees, for all amounts more than forty-five (45) days past due.
5. Client represents and warrants that Pets are currently vaccinated in accordance with all applicable state law and local, ordinances, orders, rules and regulations. Client agrees to indemnify, defend and hold harmless Doggy Detail, its officers, directors, shareholders, employees, members, agents, representatives and affiliates from all causes of actions, damages, demands, liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from, relate to or in connection to Pets’ behavior, including without limitation property damage, personal injury or death caused by Pets.
6. EXCEPT AS SET FORTH HEREIN, DOGGY DETAIL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WHETHER WRITTEN OR ORAL, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO THE SERVICES AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. 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 DOGGY DETAIL NOT ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT, EXCEPT THOSE ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DOGGY DETAIL. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DOGGY DETAIL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF DOGGY DETAIL HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; IN NO EVENT SHALL DOGGY DETAIL’S TOTAL AND AGGREGATE LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY CLIENT TO DOGGY DETAIL HEREUNDER.
8. This Agreement is not intended to and shall not be construed to give any Third Party any interest or rights (including, without limitation, any third-party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
9. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby may be brought in any federal or state court located in Cook County, Illinois, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
10. 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 laws of the State of Illinois, without regard to its 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.
Bad Weather Policy
As you know, our weather can be harsh depending on the time of year. There can be multiple days of heavy snowfall, dangerously cold temperatures, extreme heat, or severe thunder storms/lightning. It’s usually at this time questions about our service and billing are raised. Therefore, we feel it is very important to remind everyone of our bad weather service policy. Dog Waste Removal In the event there is bad weather on your service day, we will do our best to make up that work later during the week. However, if prolonged weather prevents us from working the rest of the week, we will return the next scheduled service day. Also, please keep in mind that your dog is still going to the bathroom outside, regardless of the weather. Therefore, dog waste is accumulating. Because of this, we will continue billing you as if we serviced your home.
To help better explain this policy of continued billing we have listed some common questions below: Q. “Why am I being charged for a service when you are not there?” A. Your dog is still going to the bathroom outside regardless of how bad the weather is. Therefore, our field collector is going to have twice the amount of waste to collect. In other words, if we skip your house due to bad weather, there will be twice the amount of waste to collect the following the following week.
Q. “Our dog waste is covered by snow, so why should we still pay?”
A. For three very good reasons: 1.) When it is not snowing outside, we are able to locate and collect the dog waste. We do this by following dog tracks and looking through the thin top layers of the snow which have melted revealing the
A. For three very good reasons: 1.) When it is not snowing outside, we are able to locate and collect the dog waste. We do this by following dog tracks and looking through the thin top layers of the snow which have melted revealing the
location of the waste. 2.) Your dog typically goes in the same areas, so we can collect the waste before they track it in your house. Yuck! 3.) Maintaining your lawn throughout winter helps when the snow melts. Not only for appearance, but will save you money on spring clean-up cost. Customers who pay for residual service DO NOT incur a “Spring Clean” charge come spring.
Q. “Is there anything I can do so I don’t have to pay?”
A. Absolutely! Remove any existing dog waste in your yard and notify us in advance to temporarily halt service. We will return when you are ready.