GENERAL CONDITIONS TO PET SITTING SERVICES AGREEMENT
1. Services.
(a) Services to be Provided. Company, through one or more individuals working for the Company (a “Sitter”) will provide services (the “Services”) pursuant to and in accordance with the terms of the Agreement. The Services will be provided at the Client's home, and Client shall ensure all Pets are inside the Client's home prior to a Sitter providing Services, unless otherwise agreed in writing by the Company. Client authorizes Company and Sitter to enter Client's home and premises to provide the Services. Client shall provide the Company with pet care instructions by completing the Client's online profile on the Company's online portal on www.animaladmiration.com (the “Online Portal”) prior to an initial visit. Services cannot be rendered by a Sitter until the Company properly receives the required pet care instructions.
(b) Appointments, Changes, Cancellations. All appointment scheduling and changes to the initial pet care instructions must be updated and done by the Client through the Online Portal or via email to info@animaladmiration.com (provided, however, if done through email it is not considered received until Client receives a confirmation reply). This Agreement is not a guarantee of availability of visit dates until received and confirmed by the Company. All cancellations require at least seventy-two (72) hours prior notice for pet sitting and for on-going dog walking we must receive cancelation by 7:00 AM the morning of the visit. Overnight stays require at least two (2) weeks' notice. Failure to comply with the notice procedures will result in the Company's billing for such appointment. Any pet care instructions, changes, and visit scheduling requests texted to the Sitter, called in to the Sitter, or left as a note in the Client's home will not be processed or considered by the Company or the Sitter. All future Services shall be subject to the provisions of this Agreement.
(c) Policies. Additional information on Company, Sitters, and other information, including weather policies, may be found at https://animaladmiration.com/policies. In the event of any conflicts between the online policies in this Agreement, this Agreement shall control.
(d) Keys. Client will provide two (2) keys to the Company prior to the first visit. In the event the Company is required to make a copy of Client's key, Company will bill Client a $10.00 additional fee. For the Sitter's safety, Client must notify the Company if anyone else has keys or access to Client's property other than the Company during the time the Company is providing Services to the Client. The Company shall not be responsible for any damage done to Client's home, property, and Pets by others with such access. In the event that the Company is required to employ a locksmith to gain entry into Client's home due to a malfunction of the lock or a failure of the Client to leave a key, it shall be the responsibility of Client to reimburse the Company for all costs incurred, and Client expressly gives the Company the authority to employ a locksmith on Client's behalf.
(e) Return of Keys. Upon termination of this Agreement, Client shall advise the Company on what to do with Client's keys, and the exclusive options are: (i) allowing the Company to retain the keys, (ii) mail the keys to Client, (iii) hide the keys in an area to be determined by the Client, (iv) the Company deliver the keys to the Client (each with a $15.00 additional fee).. In the event the Client does not advise the Company on how to handle the Client's keys as detailed above: (i) after two (2) years the Company may destroy or discard the keys, and (ii) the Company shall not be liable to Client, and Client shall indemnify and hold Company harmless, from any and all losses, costs, damages, or claims that Client may incur as a result of the keys not being returned as provided in this Section 1(e).
(f) Emergencies. The Client hereby authorizes the Company to seek emergency veterinary care as provided in the Consent for Veterinary Care attached to this Agreement, hereby releases Company from any and all liability as provided in the Waiver and Release attached to this Agreement, and hereby acknowledges and agrees to reimburse Company for any and all costs and expenses associated with any such emergency. If concerns prohibit the Sitter from caring for Client's Pets, in the Sitter and Company's discretion, Client authorizes the Company and Sitter to place the Pets in a kennel, and Client agrees to pay all charges related thereto. The Company will use reasonable efforts to notify Client in advance regarding any such situation and it will be the responsibility of Client to arrange for other qualified personnel to care for the Pets if such Client does not wish for their Pets to be kenneled.



2. Compensation
(a) Compensation. Client shall pay Company a fee on or before the initial visit requested (the “Fee”). Any additional visits made or Services performed by the Company shall be paid for by Client at the then current rate and shall be paid to Company prior to the start of the additional visit or Services. The Fee may change in the Company's discretion without notice to Client; provided, however, the current Fee will be reflected on the Online Portal when Client requests additional Services. Clients may make payments to the following address: P.O. Box 254, Katy, Texas 77492.
(b) Late Fees. Any amount not paid by Client to Company within thirty (30) days of its due date shall accrue interest at a rate of eighteen percent (18%) per annum until payment in full. If any amount owed to the Company is paid by check which is returned for insufficient funds, Client shall immediately make the required payment to the Company in good funds; moreover, Client shall also pay the Company an additional fee of $35.00 to compensate the Company for its expense and effort in connection with the dishonored check
(c) Expenses. Any and all of Company's out-of-pocket expenses incurred in relation to the Services, including but not limited to veterinarian fees and emergencies, will be billed to the Client as incurred at actual cost with appropriate receipts. In the event Client Requests Company to pick up any food and/or supplies for the Pet, the cost shall be billed to Client together with a $20.00 additional fee.
3. Intellectual Property.
(a) Use of Pet's Likeness. Client, in consideration of the Services provided by Company, hereby grant the Company the absolute and irrevocable right and permission to use in perpetuity the Pet's images and likeness, acquired at any time by the Company through photo, video, or any other means (collectively, the “Images”), for the purpose of advertising and publicizing the Company's products and services, without review, permission or compensation of any amount or kind whatsoever; provided, however, the Images to not contain any private or sensitive information of the Client. The Company shall have complete ownership of the Images, including any copyright interest in the Images, and Client acknowledges Client has no interest or ownership in the Images (or any portion thereof), and Client waives any right to royalties or other compensation arising from or related to the Company's use of the Images. This grant includes, without limitation, the right for the Company to edit, abridge, augment, title, or create a compilation of the Images in whole or part as Company may elect in its sole discretion.
(b) Email List. Clint hereby acknowledges and consents to having Client's email be placed on the Company's email list, and hereby consents to receiving emails from the Company regarding the Company Services and promotions.
4. Representations and Warranties. Client hereby represents and warranty that all information which Client has provided to the Company concerning the Pets is complete and accurate as of the date hereof and may be relied upon by the Company, and Client will notify the Company immediately of any change in any of such information which may occur during the Term of this Agreement.
5. Term.
(a) Term and Termination. The term of this Agreement (“Term”) shall commence on the Effective Date and shall continue until terminated by either Party. Either Party may terminate this Agreement by providing the other Party with ten (10) days advanced written notice. Company may also terminate this Agreement at any time during the Term in the event the Company and/or Sitter, in their sole discretion, determines that a danger exists to the health and/or safety of the Sitter.
(b) Payment Obligations. Under any termination or expiration of this Agreement, Client's liability to Company for payment shall continue notwithstanding the termination of expiration of this Agreement, with such payment obligation being equal to compensation for all Services performed through the termination date for which payment has not been received.
6. Limitations.

(a) WARRANTY LIMITATIONS. COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES OR ANY PRODUCTS THEREOF. COMPANY HEREBY DISCLAIMS AND CLIENT HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CLIENT'S SOLE REMEDY, IN THE EVENT CLIENT IS DISSATISFIED WITH THE SERVICES IN ANY RESPECT, IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5. CLIENT'S FAILURE TO TIMELY TERMINATE THIS AGREEMENT SHALL CONCLUSIVELY EVIDENCE CLIENT'S ACCEPTANCE OF THE SERVICES.

(b) Indemnification. Client shall indemnify, defend and hold harmless Company, and its members, managers, officers, agents, contractors and employees from and against any and all claims, losses, fines, penalties, costs, damages, causes of action, expenses (including but not limited to all expenses of litigation, court costs, and attorney's fees), suits, and liabilities of every kind and character whatsoever in connection with, relating to, or arising from the Services under this Agreement, including but not limited to (i) any act or omission by Client that constitutes a violation of this Agreement and (ii) injury to or death of any person (including Sitters and the Sitter's related expenses regarding transportation and treatment), injury or death to Pets, and damage to any property or any kind, arising out of or connected with the Services.

(c) Limitation of Damages. Company shall not be liable to Client under this Agreement for (a) any consequential, exemplary, incidental, lost profits, lost expenses, or punitive damages, regardless of whether Company has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable; (b) any loss arising from or related to the Services or any products thereof, including any accidental alarm fees, illness, fungus, death of plants, problems with the home or premises, including any pools; (c) any failure to access the Services, for any reason whatsoever; or (d) any contracts or agreements entered into between Client and any third party, whether or not such agreement was based on information provided through the Services, arranged through the Services, or otherwise, it being agreed that Client is solely responsible for any and all agreements between itself and third parties.

7. Miscellaneous.

(a) Assignments. All assignments of rights under this Agreement by Client without the prior written consent of Company shall be void.

(b) Entire Agreement. This Agreement contains the entire understanding of the Parties concerning the subject matter hereof.

(c) Amendments and Modifications. Waivers, alterations, modifications or amendments of this Agreement shall not be binding unless such is in writing and signed by Company. Client acknowledges and agrees that Company may at any time, and from time to time, upon written notice to Client, modify, amend, supplement, or replace this Agreement, in Company's sole discretion.

(d) Governing Law. This Agreement is governed by the laws of the State of Texas. Client hereby consents to the exclusive jurisdiction and venue of courts in Harris County, Texas in all disputes arising out of or relating to this Agreement.

(e) Attorney's Fees. If suit or action is filed by any Party to enforce the provisions of this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorneys' fees as fixed by the appellate court

(f) Relationship of the Parties. The relationship between Company and Client shall be that of an independent contractor and nothing herein shall be construed as creating, at any time, the relationship of employee or employer between Company and Client, its agents, or employees. Company is an independent contractor and is not an employee, servant, agent, partner, or joint venture of Client.

(g) Force Majeure. Company is not liable to Client under this Agreement for non-performance caused by events or conditions beyond Company's control if Company makes reasonable efforts to perform.

(h) Waiver. Waiver of breach of this Agreement shall not constitute waiver of another breach. Failure to enforce a provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision.

(i) Notice. Any notice required or permitted to be given under this Agreement shall be in writing, and shall be deemed sufficiently given when delivered in person or when deposited in the United States mail (registered or certified) with postage prepaid, to the addresses given in this Agreement or sent by facsimile or email to the other Party as set forth in this Agreement.

(j). By providing your phone number to Animal Admiration, LLC, you agree that we may send you text messages. Message and data rates may apply. Message frequency will vary. Reply STOP to opt - out of future messaging or HELP for more information. Please refer to our Privacy Policies for more information about how we manage your data.

CONSENT FOR VETERINARY TREATMENT


Client does hereby give Animal Admiration, LLC “the Company”, and its designees, consent to veterinary care at the above referenced veterinary clinic (the “Vet”) for the above listed pets (collectively the “Pets”) should the need arise for treatment of any illness or medical emergency, in the Company's discretion.

This authorization shall give the Vet permission to release any and all vaccination and medical records to the Company. All Vet bills, medication, treatment or other required items are the responsibility of and will be paid for by the Client up to the maximum amount allowed to be spend on all Pets as described in this Agreement. The Company will make every effort to contact the Client at the above listed Client information and advise them of the area of concern or emergency and the course of action that may need to be taken. In the event the Client cannot be contacted, the Vet will be contacted by the Company. Should the Vet not be available, the Company will contact the closest available veterinarian or the closest emergency clinic, and Client consents to the same. Should the Pets pass away while in the Company's care, Client will advise the Company on how Client wishes the Company will handle the care of the body in such an event (i.e. transport to the Vet and hold the body, set up for cremation (ashes back or no), etc.).

Client agrees to indemnify and hold harmless the Company from any cost, expense or claim of any nature arising out of or related to any examination, treatment, or veterinary care (including anesthesia) under this authorization, and conditionally agree to make or cause to be made, by assignment of third-party benefits or otherwise, full and complete payment for such examination, treatment, and veterinary care.

WAIVER AND RELEASE

As additional consideration for the Company entering into this Agreement with Client, and the desire for Client to forever waive and release any objections, claims, causes of action, or liabilities against the Company on terms as set forth herein., the Parties agree as follows:

1. Client, on his or her behalf and on behalf of the his or her heirs, legal representatives and assigns (hereinafter collectively referred to as the “Releasing Parties”) hereby RELEASES, WAIVES, AND DISCHARGES the Company, and its representatives, members, managers, officers, employees, contractors, agents, assigns and affiliates (hereinafter collectively referred to as the “Released Parties”), of and from any and all Released Claims (as defined below). “Released Claims” as used herein shall mean any and all claims, causes of action, rights to payment, rights to any equitable remedy, demands, debts, liabilities, express or implied contracts, obligations of payment or performance, accounts, damages, costs, losses or expenses (including attorneys' and other professional fees and expenses) held by the Releasing Parties, whether known or unknown, matured or unmatured, suspected or unsuspected, liquidated or unliquidated, absolute or contingent, direct or derivative, or statutory or common law, including without limitation, all Released Claims arising out of, based upon, resulting from or relating to this Agreement and the Pets.

2. Client further EXPRESSLY AGREES the foregoing release and waiver is intended to be as broad and inclusive as is permitted by the laws of the State of Texas, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force. This Release contains the entire and final agreement between the Parties with respect to the subject matter of this Release and supersedes all prior arrangements, representations, promises, agreements, and understandings (whether written or oral) with respect thereto. The Parties agree that this Release shall be governed by the laws of the State of Texas.

3. CLIENT HAS READ AND VOLUNTARILY SIGNED THIS WAIVER AND RELEASE AGREEMENT, AND UNDERSTANDS THAT HE OR SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAS SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO HIM OR HER, AND INTENDS THAT HIS OR HER SIGNATURE IS A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. Client further AGREES that no oral representations, statements or inducements apart from the foregoing written agreement have been made.