TERMS OF SERVICE
This Client Agreement (Agreement) is entered into between Mollyz Pet Service LLC (Mollyz) and the undersigned client (Client). The parties agree as follows:
1. Services. Mollyz will provide to Client pet care services, as requested by Client and agreed to by Mollyz (Services). Services may include pet walking, in-home visits, or overnight care. If Services are for dog sitting, Mollyz will require a minimum of 3 30-minute visits per day, and may require more frequent visits for puppies, senior dogs or high-energy dogs. If Services are for cat sitting, Mollyz will require a minimum of 1 visit per day.
2. Fees. Fees for Services are as set out in Section 2(A)-(E) below. Client understands that Mollyz may adjust its hourly rates from time to time based on experience, inflation and other factors and charge its hourly rates then in effect at the time of the work performed.
A. Standard, non-overnight care for 1 or 2 pets. $28 per 30-minute walk or visit; $33 per 45-minute walk or visit; $39 per 60-minute walk or visit.
B. Overnight stay (10:00 pm until 6:00 am). $85.
C. After-hours care. An additional $3 for any non-overnight Services scheduled to be performed before 9:00 am or after 5:00 pm, or non-overnight or overnight Services scheduled to be performed on Saturdays or Sundays.
D. 3 or more pets. An additional $5 per pet, per walk, visit, or overnight stay.
E. Holidays. An additional $10 fee for any Services to be performed on any of the following dates (Holidays): the day before Thanksgiving; Thanksgiving Day; the day after Thanksgiving; December 23 through January 1; the Saturday before Easter; Easter Sunday; the Saturday and Sunday before Memorial Day; Memorial Day; Independence Day; the Saturday and Sunday before Labor Day; and Labor Day.
3. Payment. Payment for Services is due by Client to Mollyz no later than 48 hours before any Services are scheduled to be performed. Payment may be made by Client to Mollyz by cash, check, ACH, credit card, or otherwise as communicated by Mollyz to Client.
4. Supplies. Client will provide all supplies appropriate to facilitate Mollyz’s performance of Services, including but not limited to leashes, treats, and waste baggies. Client will reimburse Mollyz for any such supplies purchased by Mollyz to facilitate Mollyz’s performance of Services, such costs to be invoiced to Client by Mollyz and immediately due and owing by Client to Mollyz upon Client’s receipt of the invoice.
5. Cancellation. Client may cancel any Services scheduled to be performed upon at least 24 hours’ notice by Client to Mollyz. Notwithstanding the foregoing, any cancellation of Services to be performed on a Holiday must be provided by Client to Mollyz with at least 72 hours’ notice. If such a cancellation occurs with at least 24 hours’ notice of when Services are scheduled to be performed, or with at least 72 hours’ notice if Services are scheduled to be performed on a Holiday, Client will incur no fee. If such a cancellation occurs within 24 hours of when Services are scheduled to be performed, or within 72 hours if Services are scheduled to be performed on a Holiday, then Mollyz will assess Client an amount equal to the cost of the Services scheduled to have been performed as a cancellation fee.
6. Verification. Client certifies that all information Client has provided or caused to be provided to Mollyz, whether orally or in writing, is true and complete to the best of their knowledge. Client certifies that Client has provided Mollyz all relevant information about any pet for which Mollyz will perform Services, such as information regarding medical history, temperament, and preferred veterinarian contact information. Client will ensure all pets to be cared for by Mollyz satisfy all applicable vaccinations requirements, including but not limited to rabies, distemper, and parvovirus. Client will provide updates to all information relevant to Mollyz’s performance of Services as such information materializes, whether related to Client’s pet or otherwise. False, incomplete, omitted or misleading information provided by Client to Mollyz may result in Mollyz’s termination of this Agreement.
7. Emergencies. In the event of a medical emergency where Mollyz is unable to communicate with Client and, at the ultimate discretion of Mollyz, time is of the essence, Client authorizes Mollyz to obtain appropriate emergency medical care, subject to any monetary limit on medical care established by Client. Client will reimburse Mollyz for the cost of any and all medical services facilitated by Mollyz under this Agreement.
8. Termination. Either party may terminate this Agreement at any time by providing written notice to the other party. Upon termination, Mollyz will stop all Services on Client’s behalf, and Client will pay Mollyz all fees incurred before the termination of Services and any applicable termination fee.
9. Marketing. Mollyz may use images of Client’s pet in Mollyz-related communications and materials, including in any form or media.
10. Force Majeure. Mollyz will not be liable for any failure or delay in the performance of the Services or its obligations under this Agreement to the extent such failure or delay is caused by a force majeure, or any event beyond Mollyz’s reasonable control, including but not limited to fire, flood, earthquake, hurricane, tornado, natural disaster, act of God, war, government action, act of terrorism, riot, epidemic, pandemic, viral outbreak, strike, labor dispute or other major upheaval, which renders performance impractical, illegal, impossible, or otherwise inadvisable. In such an event, Mollyz’s duties and obligations under this Agreement will be modified or suspended, at Mollyz’s discretion, until such time as Mollyz determines that it may safely and ably resume performance of Services under this Agreement. Client agrees that such delays caused by such events do not constitute a breach of this Agreement.
11. Indemnification. Client agrees to indemnify, defend and hold harmless Mollyz and each of Mollyz’s owners, agents, employees and officers (each, an Indemnitee), from and against any and all claims, demands, causes of action, lawsuits or other proceedings brought or threatened against any Indemnitee (each, a Claim), and to pay all of each Indemnitee’s costs in connection with any Claim, including but not limited to judgments, amounts paid in settlement, fines, penalties, forfeitures, liabilities, damages, costs, expenses and fees (including reasonable attorney’s fees through final appeal), of whatever kind or nature, in any manner, directly or indirectly, arising out of or in connection with: (a) Client’s breach of this Agreement, or (b) personal injury arising from the performance of this Agreement. Client will not be liable under this section for any injury or damage to the extent that it is caused by an Indemnitee’s gross negligence or willful misconduct. Notwithstanding anything to the contrary in this Agreement, Mollyz will not be liable for any special, indirect, consequential, lost profit or punitive damage.
12. Miscellaneous. This Agreement represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. This Agreement is effective when it is fully executed by both parties. Other than as stated herein, this Agreement may be amended only by a written agreement signed by an authorized representative of each party. Waiver by a party of any breach of any section of the Agreement will not operate as a waiver by that party of any subsequent breach. The sections of this Agreement are severable, and if any section of this Agreement is for any reason held to be invalid or unenforceable, the remaining sections will not be affected thereby. This Agreement is governed by and subject to the laws of the Commonwealth of Virginia. This Agreement will be subject to the exclusive jurisdiction of the courts of the City of Richmond, Virginia or the United States District Court for the Eastern District of Virginia, Richmond Division. The parties consent to personal jurisdiction in any such venue. If Mollyz engages legal counsel to enforce or defend any section of this Agreement, and Mollyz substantially prevails in such enforcement or defense, Client will pay Mollyz’s fees, costs and expenses incurred in such action, including its reasonable attorney’s fees through final appeal. If Client initiates and then voluntarily dismisses (for whatever reason) a legal claim against Mollyz relating to this Agreement or the relationship it establishes, Mollyz will be the prevailing party under the Agreement as a result of such voluntary dismissal and shall be entitled to recover fees, costs, and expenses.
13. Electronic Signature. By electronically signing this Agreement, Client acknowledges that (a) Client intends to enter and is entering into this Contract with Mollyz, (b) Client has read, understands and agree to the terms of the Agreement, (c) Client is willingly acquiescing and intending to conduct an electronic transaction, and (d) Client’s electronic signatures on the Agreement is legally binding and is equivalent to their signatures as if handwritten.