DOG WALKING AGREEMENT
WHEREAS, the Owner wishes to engage the Walker as an independent contractor for the purpose of performing the Services as described below; and
WHEREAS, the Walker wishes to provide such Services; and
WHEREAS, each Party is duly authorized and capable of entering into this Agreement.
NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows:
(a) Of the Walker. The Walker agrees to do each of the following:
A. Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.
B. Perform the Services in a reliable, caring, and trustworthy manner by fully-trained, skilled, competent, and experienced personnel.
C. Carry out all the Owner’s instructions as to the care of the Owner’s Dog(s).
D. Make every reasonable effort to ensure the good health and comfort of the Dog(s) while abiding by the instructions of the Owner in this regard.
E. Communicate with the Owner regarding the Walker’s performance of the Services.
F. Provide services that are satisfactory and acceptable to the Owner.
G. Refrain from unlocking or opening doors and/or gates on the Owner’s property for any person(s) at any time.
(b) Of the Owner. The Owner agrees to do each of the following:
A. Engage the Walker as an independent contractor
B. Provide a set of working keys to the Owner’s home for the Walker to carry, which keys may not be left hidden outside by either Party.
C. Provide sufficient instructions to arm and disarm any burglar alarm system in the Owner’s home.
D. “Pet-proof” the Owner’s home and yard and secure any gates, latches, or fences prior to leaving. The Walker shall not be responsible for injury, disappearance, death, or fines of any pet with unsupervised access to outdoors.
E. Lock all windows, screens, and doors before leaving the home unattended for the safety and security of the Dog(s), property, and the Walker.
F. Have sufficient pet food, medication, cleaning supplies, and other important supplies readily available to the Walker and reimburse the Walker for any and all resupplies of products as needed for the satisfactory performance of its duties.
G. Make arrangements with a qualified veterinarian for any charges for veterinary consultations or procedures on behalf of the Dog(s) to be paid for on account by the Owner.
2. REPRESENTATIONS AND WARRANTIES.
(a) The Walker hereby represents and warrants as follows:
A. The Walker has the sole right to control and direct the means, details, manner, and method by which the Services required by this Agreement will be performed.
B. The Services shall be performed in accordance with standards prevailing in the Walker’s industry, and shall further be performed in accordance with and shall not violate any applicable laws, rules, or regulations
C. The Services required by this Agreement shall be performed by the Walker or the Walker’s staff, and the Owner shall not be required to hire, supervise, or pay any assistants to help the Walker perform such Services.
D. The Walker is responsible for paying all ordinary and necessary expenses of its staff.
E. The Walker is responsible for providing insurance coverage for itself and its staff.
(b) The Owner hereby represents and warrants as follows:
A. The Dog(s) are current on rabies vaccination and has/have received other regular vaccinations and/or satisfactory titer level results from a certified veterinarian. The Owner agrees to provide a copy of the veterinarian certification if requested and agrees to notify the Walker when any or all regular vaccines are updated.
B. The Dog(s) has/have no history of vicious or violent behavior.
C. The emergency contacts listed have been notified that they have been designated to make decisions on the Owner’s behalf in the case of an emergency. The Owner agrees to notify the Walker immediately if any of the designated Emergency Contacts are changed.
D. The Owner will make timely payments of amounts owed to the Walker under this Agreement.
E. The Owner shall provide such other assistance to the Walker as [who is “it” Owner or Walker?] deems reasonable and appropriate.
(a) Timing of Payment. Payments shall be made to the Walker within five days of the Owner’s receipt of the Walker’s invoice (supported by reasonable documentation.)
(b) No Payments in Certain Circumstances. Notwithstanding the foregoing, no payment shall be payable to the Walker under if the Walker did not directly perform or complete the Services described above.
4. TERM AND TERMINATION.
(a) This Agreement may be terminated:
A. By either Party on provision of ten (10) days written notice to the other Party, with or without cause; or
B. Immediately by the Walker if the Walker, in its sole discretion, determines that the Owner’s Dog(s) poses a danger to the health or safety of itself, other pets, other people, or the Walker. If such concerns prevent the Walker from caring for the Dog(s), the Walker will attempt to contact the Owner to arrange for alternative care.
(b) Following the termination of this Agreement for any reason, the Owner shall promptly pay the Walker according to the terms for Services rendered before the effective date of the termination.
(a) Of Owner by Walker. The Walker shall indemnify and hold harmless the Owner from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys’ fees, and disbursements (collectively, the “Claims”) that it may suffer from or incur and that arise or result primarily from any gross negligence or willful misconduct of the Walker arising from or connected with Walker’s performance of the Services under this Agreement; provided, however, none of the foregoing result from or arise out of the negligent actions or inactions of the Owner.
(b) Of Walker by Owner. The Owner shall indemnify and hold harmless the Walker from and against all Claims that it may suffer from or incur and that arise or result primarily from the Owner’s breach of any of its obligations, agreements, representations, or duties under this Agreement; provided, however, none of the foregoing result from or arise out of the negligent actions or inactions of the Walker.
6. EXCLUSION OF LIABILITY.
The Parties hereby expressly agree that the Walker shall not be responsible for any of the following:
(a) any loss, fine, injury, death, or actions of a Dog that the Owner has let outside or has instructed the Walker to allow outside while the Walker is not there, including pets with doggie doors or outdoor dogs;
(b) any complications suffered by any Dog or the actions of any Dog while it is unattended;
(c) any costs (including but not limited to medical care and attorneys’ fees) related to any Dog’s biting of another person or animal;
(d) any and all liability related to transportation, veterinarian treatment, and expenses for any Dog;
(e) any and all expenses resulting from the Dog(s)’ destructive behavior in the house or any house soiling; and
(f) any and all liability arising out of the Services provided; provided, however, that the Walker is not excused from liability for any direct injuries to the Dog(s) or to tangible property resulting from the Walker’s gross negligence or intentional misconduct.
7. NO IMPLIED WAIVER.
The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.