Gabs Pet Care
Your pet's favorite fill-in best friend.
TERMS AND CONDITIONS
The agreement provided at booking ("Agreement") is entered into and made effective as of the Effective Date by GABS PET CARE, LLC (“Gabs”) and the Client named on the Agreement (“Client”), regarding the provision of providing pet sitting and walking services for the Client’s pet set forth on the Agreement (the “Pet”) on the terms and conditions as set forth hereunder (the “Services”). In consideration of the promises and covenants contained on the Agreement, as well as other good and valuable consideration, the Parties do hereby agree as follows:
Article 1. PET OWNERSHIP. Client represents and warrants unto Gabs that (i) Client is the owner of the Pet and has all authority to enter into the Agreement for the care of the Pet and the Services described on the Agreement provided to Client; (ii) the Pet has no history of biting or causing harm to individual or property in any material respect and has not exhibited violent or aggressive tendencies unless fully disclosed to Gabs in writing; and (iii) the Pet is in good health and has received all vaccines as recommended by applicable veterinary association. Client shall indemnify, defend and hold Gabs harmless from and against any and all harms that arise from any of the matters set forth on the Agreement being untruthful or incorrect.
Article 2 - DESCRIPTION OF SERVICES. The Services hereunder shall be limited to those set forth on the general information listed on the Agreement ("General Information") or otherwise agreed upon by Gabs in writing and shall not include any other services. It is understood that Gabs is not a veterinarian and is not providing veterinary services, training, or similar non-routine care for the Pet. Unless Boarding Services are selected, Gabs shall arrive meet the Client at the Client’s address set forth on the Agreement to accept the Pet and shall return the Pet after the completion of Services, unless otherwise agreed by the Parties. If Boarding Services are selected, the Client shall be responsible for transportation services to and from Gabs location. It is hereby acknowledged and agreed that Gabs is an independent contractor and shall in no way be construed to be an employee.
Article 3 – PAYMENT; CANCELLATION POLICY. Unless otherwise set forth on the General Information, all payments due under the Agreement shall be made upon the execution. There shall be no refunds, exchanges, or modifications to any term or reservation for Services on the Agreement. It is understood that Gabs establishes a schedule for services to the Client and other clients and that Clients failure to timely deliver or retrieve the Pet causes Gabs damages in the form of lost profits and services. Client may cancel Gabs Services under the Agreement at anytime by the payment of (i) all Services provided to date, and (ii) a cancellation fee equal to 25% of any remaining amounts due under the Agreement. If Client does not deliver the Pet timely into Gabs services, such failure shall be deemed a cancellation of services hereunder, unless otherwise agreed by Gabs in its sole and absolute discretion. Any amounts not paid when due shall accrue interest at the lesser of (i) 18% or (ii) the then prevailing maximum interest rate provided by law.
Article 4 – RETRIEVAL OF PET. Upon the expiration of the term or earlier cancellation or termination of the Agreement, Client shall promptly retrieve the Pet. If Client fails to do so, in addition to all other remedies provided under the Agreement, applicable law or in equity, Gabs shall be permitted to, in its sole discretion (i) retain the Pet until retrieved by Client, (ii) deliver the Pet to a Facility, kennel or boarding location, including the humane society if Client, and upon such delivery, the Services on the Agreement shall terminate, and/or (iii) contact the appropriate authorities. If Gabs retains the Pet beyond the expiration, termination or cancellation of this Agreement, Gabs shall be entitled to a daily rate for Gabs services in an amount equal to 125% of the Gabs then prevailing daily rate. Unless Boarding Services are provided, Client shall provide access to Client’s residence (or location of Pet’s typical domicile) to the retrieval and return of the Pet. Gabs shall endeavor in good faith to lock the premises upon retrieval and return of the Pet and to return to Client and keys or other access items, but shall not be responsible for loss or damage to the premises of access items. If the person retrieving the Pet is any person other than the Client, Gabs may refuse to return the Pet. Gabs shall be entitled to rely on any representation of such person as being a representative of the Client in Gab’s sole discretion.
Article 5 – EMERGENCIES. In any emergency situation, including medical emergency with the Pet, Gabs shall provide good faith efforts to seek emergency services, including transportation veterinary facility (the "Facility") and, where possible, promptly provide notice of such emergency to the Client. Gabs shall not be responsible for any action of the Facility or any medical condition of the Pet. A release form is attached to the Agreement as Exhibit “A” to permit Gabs to deliver the Pet to the Facility and receive treatment. Gabs shall be entitled to additional fee at prevailing rates for any time beyond the term on the Agreement ("Term") related to providing for emergency services.
Article 6 – DEFAULT AND TERMINATION. If either party fails to timely perform in accordance with the Agreement it shall be deemed in default thereunder; provided, however, Gabs shall not be in default thereunder unless and until Gabs has been provided with notice of such default and failed to cure the matter within thirty (30) days after receipt of such notice. If Gabs defaults thereunder, Clients sole and exclusive remedy shall be the return of any funds paid to Gabs thereunder as liquidated damages. Not to limit the generality of the foregoing, the maximum amount of damages against Gabs arising from the Services, the Agreement, the Pet or otherwise related thereto shall be the lesser of (i) the fees paid to Gabs to date, or (ii) $500.00. Client hereby waives any claims for other damages or compensation and in no case shall Gabs be responsible to Client for any special, punitive or other damages. If Client defaults thereunder, Gabs shall be entitled to any and all remedies provided under applicable law, including, if permitted by law to retain the Pet or place a lien thereon to provide for amount due set forth on the Agreement.
Article 7 – REFERAL TO AUTHORITIES. If Gabs, in its reasonable discretion, believes the Pet is abused or the return of the Pet would or could result in the harm to the Pet, whether as a result of the Client, any person residing with the Client, or the condition at the premises, Gabs shall be entitled to (i) retain the Pet, (ii) contact appropriate authorities, and/or (iii) deliver the Pet to a Facility or appropriate authority for further action. Upon such delivery Gabs shall be relieve of all obligations hereunder and shall be entitled to compensation for all Services rendered.
Article 8 – NOTICE AND COMMUNICATION. All notices and communications shall be provided in English in writing to the address provided on the General Information unless otherwise agreed by the parties.
Article 9 – GOVERNING LAW. The Agreement shall be governed in all respects by the laws of the state of Florida and any applicable federal law, with the sole and exclusive venue lying and being in the courts located in Orange County Florida. Each party listed on the Agreement waives trial by jury. If Client fails to make payment thereunder, Gabs shall be entitled to attorneys fees and costs in the enforcement of the Agreement.
Article 10 – ENTIRE AGREEMENT. The Agreement constitutes and embodies the entire agreement and understanding of the parties related to the subject matter thereof. No prior or present agreements or representations, whether written or oral, by Gabs or its representatives, contractors, agents, or employees, whether written or oral, or included in any social mediate or other advertisement shall be a part thereof unless otherwise specifically referred to therein No modification or change in the Agreement shall be valid or binding upon the parties unless in writing and signed by the parties to be bound thereby. If any part of the Agreement violates a provision of applicable law, the applicable law will control. If any portion of the Agreement shall be declared invalid by order, decree or judgment of a court, or governmental agency having jurisdiction, the Agreement shall be construed as if such portion had not been inserted therein, except when such construction would operate as an undue hardship or constitute a substantial deviation from the general intent and purpose of such parties as reflected in the Agreement. In interpreting the Agreement, the provisions in the Agreement shall not be construed against or in favor of either party based on which party drafted the Agreement. Client may not assign the Agreement or the rights thereunder without the consent of Gabs Agreement. The Agreement may only be amended in writing signed by both Parties. None of the terms of the Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of the Agreement between the Parties. No waiver of any term or provision of the Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of the Agreement shall not constitute waiver of such term or any other term. If any provision or term of the Agreement is held to be unenforceable, then the Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend the Agreement as provided herein, the invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in the Agreement. Headings to the Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of the Agreement.
Article 11- EXECUTION. The Agreement may be executed in counterparts, all of which shall constitute a single agreement. Electronic execution or exchange of signature by electronic means shall be deemed effective as original signatures. By execution thereof, the Parties consent to electronic signature and storage of documents.