PAWSITIVE BEGINNINGS PET CARE, LLC

TERMS AND CONDITIONS

 

THIS AGREEMENT made and entered into by and between Pawsitive Beginnings Pet Care (hereinafter "Company"), and a Client of Company herein after referred to as “Parties” collectively;

 

WHEREAS, the Client desires to retain the services of Company, for programs detailed in the Service Agreement.  

 

NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do hereby promise and agree as follows:

 

SECTION 1 – SCOPE OF DUTIES TO BE PROVIDED

 

1. Term.  Client agrees that the acknowledgment of these Terms and Conditions shall be valid for a period of one year from the date of signing.

 

1.2          Services.   Services may vary. Each new service will require the client to sign a new Service agreement. Each agreement will incorporate these Terms and Conditions my reference.

 

1.3        Duties. 

 

       A.  Client Duties- requirements vary depending on the service requested. The specific details of all Client requirements are detailed in the Service Agreement for the specific Service Requested.

 

 B. Company Requirements – Company Duties are detailed in the Service Agreement for the Specific Service Requested. 

 

SECTION 3 – FEES/Refunds

 

3.1   Fees -  All fees are due upon the signing of the Service Agreement, but must be paid no later than forty-eight (48) hours prior to the commencement of training. If the fee is not paid within the allotted time, then services will be postponed until the full amount of the fee is paid.

 

3.2 Refund Policy – Company has a no refund policy.  It is in the Company’s discretion as to whether or not to waive the refund policy.  Regardless of the reason for the termination of this agreement there shall be no obligation on the part of the Company to refund any fees paid for services.

 

3.3  Late Fee -    There will be  a late fee charged for late pick-up of pets. The schedule is as follows:

 

1. 30 to 45 minutes late    - $50.00

2. 46 to 1 hour late - $75.00

3. More than an hour late an additional $25.00 for every five minutes.

​

​

Last min fee- Any request made less than 24 hours of service date will incur a fee

            

SECTION 4 – TERMINATION

 

4.1      Termination without cause

A.     Client – Client may terminate this agreement at the end of the initial term by providing written notice to Company of intent to terminate fifteen (15) days prior to the anniversary day of this agreement.  If Client terminates this agreement prior to the end of the term, without cause, Client will be charged an early termination fee of $75.00.  If Client terminates the agreement early and fails to give appropriate notice, Client will be charged a fee in the amount of $ 150.00 for early termination of the agreement and for failing to give reasonable notice.

B.      Company -  may terminate this agreement at any time. If Company terminates this agreement the Client will be provided with ten (10) days notice of termination.

 

4.2      Termination for Cause

A.     Client – In the event of a breach of this agreement Client must provide Company with thirty (30) days written notice to cure the breach.  The Company will have thirty days from the date of the Company’s receipt of the notice to cure the breach of the agreement. All notices shall be provided pursuant to section 6 of this agreement. If Company fails to cure the breach, Client may terminate the agreement without penalty. The failure of the Client’s pet to progress through the training program successfully, shall not be considered a breach of this agreement.

 

B.      Company

 

1.                Breach other than non-payment – if the Client should fail to comply with the terms of this agreement Company will give client a three (3) class notice to cure the breach of this agreement. If Client fails to cure the breach the Company, in its’ discretion, may terminate this agreement immediately. If the agreement is terminated pursuant to this section, Client will be responsible for the estimated value of the remaining term of the agreement.

 

2.                Breach for non-payment – Company will submit monthly invoices to the Client. Client will be required to pay said invoices pursuant to section 3.1 of this agreement. If Client fails to pay the invoices in a timely manner Company will stop all work immediately and send notice of non-payment. Client will be charged a late fee of thirty (30) dollars or 5% of the invoice whichever is greater.  If Client does not pay all monies owed within thirty (30) days of notice of non-payment, Company may terminate this agreement. If Company terminates this agreement due to non-payment, Client will be responsible for payments for services rendered, late fees for non-payment, and for the estimated value of the remaining term of the agreement. 

 

SECTION 5 – Assignment

 

 5.1  Assignment. The Client shall not assign any of his/her rights under this agreement.

 

SECTION 6 – Notice/Communication

 

     6.1   Notice     All notices in this agreement shall be provided in writing and submitted via USPS, email, or fax to the following address:

               

 

Pasweitive Beginning Pet care LLC

Client

600 Park Offices Dr Suite 300-138, Durham, NC 27709

 

Information provided in client intake

Email:

 

 

 

    6.2   Communication –  Client shall communicate with Company primarily by email. In the event of an emergency or if the Client will be late picking up their pet, client may submit that information to the Company representative by text at ______________.

               

SECTION 7 – CLASS CANCELLATION/PICK-UP POLICY

 

               

7.1    CLASS CANCELLATION  

 

1.  Trainer   -  If for any reason a trainer has to cancel a class, Client will be given notice via text and email as soon as possible. Company will supply Client with an opportunity to make up a missed class. This also applies to virtual training classes which are missed or cut short due to technical difficulties on the part of the Company.

 

1. Client -  If the Client is going to miss a training class. Client is expected to give at least 48 hours notice. If that is not possible, Client is expected to give notice to the Company that the class will be missed as soon as possible. The Company, in its discretion, may allow Client to make up the class if possible. Client is not entitled to a make-up class for classes missed as a result of the Client’s cancellation.

               

 7.1  Timely Pick-up -   Clients are expected to pick-up their pets in a timely manner. Clients will be granted a thirty- minute grace period after their designated pick-up time to retrieve their dog. If Client fails to pick-up their pet within the designated grace period, Client will be charged a late fee pursuant to section 3.3 of this agreement. Chronic late pick-ups may result in Company refusing to provide future services to the Client and may be considered a breach of this agreement.

 

7.2 Notice       -   If Client is running late Client should email or text Company as soon as possible.  Giving notice to Company does not waive any fees charged as a result of a late pickup. It is fully in the Company’s discretion to determine whether or not to waive a late fee. If Company waives the late fee as a courtesy, this waiver does not entitle Client to a waiver in the future.

 

 

1.   Late Arrival –    If a client is more than ten minutes late for a virtual  or in person session,  the session will be cancelled and will be considered a missed session.  Whether or not the missed session is re-scheduled will be in the Company’s discretion. Client is not entitled to a make-up session for late arrivals.

 

 

 

 

SECTION 8 - MISCELLANEOUS PROVISIONS

 

 

8.1          Binding Agreement - The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties.  Any provision hereof which imposes upon the Parties an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Parties. 

 

8.2          No Waiver - No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making the waiver.

 

8.3          Governing Law and Mediation Requirement -This Agreement shall be governed by and shall be construed in accordance with the laws of the State of North Carolina. In the event of any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, the parties agree to first attempt to resolve the dispute amicably through mediation. If the dispute is not resolved within one hundred twenty days (120) from the commencement of mediation, either party may initiate binding arbitration or pursue other available legal remedies.

 

8.4          Entireties Clause - This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and supersedes all prior contemporaneous agreements, representations and understandings of the parties.  No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.

 

8.5          Severability. If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these policies and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.

 

8.6       Indemnification. Each Party shall indemnify, defend and hold the other Party harmless from all liabilities, costs and expenses (including, without limitation, attorneys fees) that such Party may suffer, sustain or become subject to as a result any misrepresentation or breach of warranty, covenant or agreement of the indemnifying Party contained herein or the indemnifying Party’s gross negligence or willful misconduct in performance of its obligations under this Agreement.

 

8.7       Force Majeure.   Notwithstanding anything to the contrary contained herein, the Rights Agent will not have any liability for not performing, or a delay in the performance of, any act, duty, obligation or responsibility by reason of any occurrence beyond the reasonable control of the Rights Agent (including, without limitation, any act or provision of any present or future law or regulation or government authority, any act of God, pandemic, epidemic, war, civil or military disobedience or disorder, riot, terrorism, fire, earthquake, storm, flood, strike, work stoppage or similar occurrence)

         

8.8       Disclaimer.          Client understands that some services offered by Company will require their pet to be in contact with other animals, travel in vehicles with Company representatives, and interact with the general population in public places. Company will perform all necessary due diligence to ensure the safety of the Client’s pet. This may include, but is not limited to assessing, each animal’s temperament and to avoid situations that may cause injuries to the Client’s pet, restraining the pet in a kennel or doggie seatbelt to ensure safety while traveling, or cutting a walk short if the Company representative should decide there is a safety risk to your pet. However, there may be a risk of injury to your pet in the event of an unexpected fight, car accident, or an unforeseen problem during a walk to name a few examples.  Client acknowledges they are responsible for all veterinarian care related to said potential injuries and will hold Company harmless for any damages that may occur as a result of the Client’s pet participating in the Company’s training program or any other services provided by the Company.

 

8.9    Temperament.   Client expressly represents and warrants that the Client has given written disclosures to Company regarding any behavior that may indicate that the dog may be aggressive to other dogs or people, including but not limited to growling, forceful barking, snapping, raising of hackles, lowering of the head and staring, chasing, attempting to bite, and biting. If Company determines that Client has misrepresented the temperament of the animal, Company may terminate services immediately without a refund.

 

8.10   Medical Condition and Immunizations.  Client represents that their pet is in good health and physically capable of participating in the designated training program without injury.  Client will provide proof of their pets current immunization record within 5 business days of signing this agreement, but no later than twenty-four (24) hours prior to the first training session. If the immunizations are not provided as agreed the first training session will be delayed until the immunization record is received by Company.