DOG WALKING AGREEMENT
THIS AGREEMENT IS DATED: ________
BETWEEN THE DOG WALKING SERVICE PROVIDER ("Service Provider"):
________
AND THE DOG OWNER ("Client"):
________
(1) BACKGROUND
(a) This Agreement sets out the terms and conditions relating to the walking of the Client's dog(s) by the Service Provider.
(b) The Service Provider agrees to provide the dog walking services to the Client on the terms and conditions set out in this Agreement.
(2) CONTACT DETAILS
(a) The Service Provider's contact details are:
________
(b) The Client's contact details are:
________
(c) The contact details for the Client's preferred veterinarian are:
________
(3) EMERGENCIES
(a) In case of emergency, the Service Provider should contact:
________
(4) DOG DETAILS
This Agreement relates to the following dog(s), owned by the Client ("Dog"):
________
(5) SERVICES
(a) Subject to the terms of this Agreement, the Service Provider will provide the Client with the following services ("Services"):
________
(b) The Services may also include any other tasks which the Parties may agree on.
(6) PICK UP AND DROP OFF LOCATION
(a) The location(s) where the Service Provider should pick up and drop off the Dog will be agreed between the Parties from time to time.
(7) ALTERNATIVE PLANS DUE TO WEATHER
(a) The Service Provider will observe the following alternative plans in the event of extreme weather:
________
(8) COMMENCEMENT OF SERVICES
(a) The Service Provider will commence providing the Services on ________ ("the Commencement Date").
(9) TERM AND TERMINATION
(a) This Agreement is for a term of ("Term"): ________
(b) After the Term expires, this Agreement will automatically terminate.
(c) The Parties may mutually agree to extend the Term of this Agreement, or to terminate this Agreement early.
(d) This Agreement may be terminated by the Service Provider if the Client fails to pay any requisite Fees within seven (7) days after the date they are due. The Service Provider may terminate the Agreement immediately, with no notice period, in writing.
(e) This Agreement may be terminated immediately by the Client:
(I) if the Service Provider neglects the Dog's safety as judged by the Client;
(II) if the Service Provider receives three (3) or more citations or violations related to the Services or fails to comply with any applicable laws, regulations, or ordinances;
(III) if the Service Provider fails to perform the Services as detailed in this Agreement on three (3) or more occasions; and
(IV) in the event of dishonest behavior, falsehoods, or theft concerning the Client or the Client's possessions.
(f) If this Agreement is terminated before the expiration of its natural term, the Client hereby agrees to pay for all Services rendered up to the date of the termination, and for any and all expenditure due for payment after the date of termination for commitments reasonably made and incurred by the Service Provider related to the rendering of Services prior to the date of termination.
(g) Any termination of the Agreement under this clause shall not affect the accrued rights and liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies that either Party may be entitled to.
(h) Any part of this Agreement which is meant to continue after termination or which is meant to come into force at or after termination shall not be affected by this clause.
(10) WHO PERFORMS THE SERVICES
(a) The Services will be performed by the Service Provider personally.
(b) The Service Provider may not use any persons to perform the Services except for those persons expressly permitted by this clause, or except for any other persons expressly permitted in writing by the Client.
(c) The Service Provider is solely responsible for any payments to the Service Provider's employees, agents, subcontractors or affiliates in relation to the provision of the Services under this Agreement, including any payments due for salary, wages, annual leave, sick leave, long service leave, superannuation and any other amounts to which the Service Provider's employees, agents, subcontractors or affiliates may be entitled in relation to the provision of the Services under this Agreement.
(d) The Service Provider is solely responsible for ensuring compliance with any legislation which applies to the Service Provider's employees, agents, subcontractors or affiliates.
(11) INSURANCE
(a) The Service Provider must obtain all relevant insurance policies ("the Insurance Policies"), as required by law.
(b) Upon the request of the Client, the Service Provider must provide to the Client a copy of the Insurance Policies.
(12) NATURE OF RELATIONSHIP
(a) Nothing in this Agreement constitutes an employment relationship between the Client and the Service Provider or between the Client and the Service Provider's workers (such as the employees, agents or subcontractors of the Service Provider). No relationship of employer and employee is created by this Agreement.
(b) Nothing in this Agreement creates a partnership, joint venture, fiduciary relationship, agency or other relationship between the Client and the Service Provider except for the contractual relationship which is provided in this Agreement.
(c) The Parties hereby acknowledge and confirm that it is the express intention of all Parties that the Service Provider is acting in relation to the Client as a contractor and not as an employee, partner, joint venture partner, agent or otherwise.
(d) As an independent contractor, the Service Provider is solely responsible for all taxes and government contributions related to the income earned from the performance of the Services.
(e) The Client bears no responsibility for any actions or conduct of the Service Provider while the Services are being rendered under this Agreement.
(13) FEES
(a) In consideration for the Service Provider providing the Services in accordance with this Agreement, the Client agrees to pay fees to the Service Provider ("Fees") as follows:
an hourly rate of: $________
(b) any time which the Service Provider spends providing the Services, which is less than an hour will be calculated on a pro rata basis.
(c) the Parties acknowledge that the Fees are exclusive of any Goods and Services Tax ("GST") that may be charged by the Service Provider and therefore that the Service Provider will be entitled to add GST to the Fees.
(14) VETERINARY COSTS
(a) The Client acknowledges and agrees that they are solely responsible for any veterinary costs or fees incurred as a result of any illness, injury, or medical condition of the Dog arising before, during, or after the provision of Services under this Agreement.
(b) In the event that the Dog requires veterinary attention while under the care of the Service Provider, the Service Provider will make all reasonable efforts to contact the Client immediately to discuss the necessary course of action. However, should the Client be unreachable, the Service Provider is authorised to seek emergency veterinary care for the Dog at the Client's expense.
(c) The Client agrees to reimburse the Service Provider for all veterinary costs and fees incurred during the Dog's treatment promptly upon request. This responsibility includes, but is not limited to, costs associated with treatments, medications, surgeries, and any other veterinary services deemed necessary for the health and well-being of the Dog.
(15) LAWS, REGULATIONS, FINES AND PENALTIES
(a) The Dog remains the exclusive property of the Client at all times.
(b) While the Service Provider is providing the Services, the Dog will be under the care and control of the Service Provider. The Service Provider is obligated to comply with all relevant laws, regulations, and ordinances.
(c) The Service Provider agrees and acknowledges the duty to appropriately dispose of and clean up any waste produced by the Dog, adhering to all applicable laws, regulations, and ordinances.
(d) However, in the event that the Service Provider receives any fines or penalties due to non-compliance with such laws, regulations, or ordinances during the provision of the Services, the Client will be responsible for payment of those fines or penalties.
(16) INVOICING
(a) The Service Provider must provide the Client with a tax invoice in accordance with the GST Law in relation to the Fees.
(b) The Service Provider will invoice the Client: weekly
(c) Once the Service Provider provides a valid invoice in relation to the Fees ("the Invoice"), the Client must make payment within the following timeframe: ________
(17) LATE PAYMENT OF INVOICE
(a) If the Client does not make payment by the due date for payment as specified in the Invoice, the Service Provider may refrain from providing any further Services, or any other work for the Client or any other services to the Client (even if that work or those services are dealt with under a separate service agreement) until the Invoice has been paid in full.
(b) If the Client does not make payment by the due date for payment as specified in the Invoice, the Service Provider may require the Client to pay in advance for any future Services or any part of the Services which have not been performed.
(18) SERVICE PROVIDER OBLIGATIONS
(a) The Service Provider shall perform all Services with the highest level of professionalism and in a manner consistent with industry standards. The Service Provider is committed to providing quality care and attention to the Dog at all times during the provision of Services.
(b) The Service Provider is obligated to ensure the safety and well-being of the Dog during the provision of Services. This includes taking all necessary precautions to prevent injury, escape, or any harm to the Dog.
(c) The Service Provider shall comply with all applicable laws, regulations, and ordinances related to animal care and control. This includes adherence to local leash laws, waste disposal, and any specific regulations pertaining to dog walking or pet care services.
(d) The Service Provider shall adhere to the agreed-upon schedule for Services and shall promptly inform the Client of any delays or necessary schedule changes.
(e) The Service Provider shall maintain open and honest communication with the Client. This includes providing timely updates on the Dog's well-being, reporting any incidents or concerns that arise during the provision of Services, and responding promptly to the Client's inquiries and requests.
(f) The Service Provider shall responsibly use any equipment provided by the Client (such as leashes, collars, or sanitary bags) and shall provide their own equipment if necessary to ensure the safe and effective provision of Services.
(g) In case of an emergency, the Service Provider shall take appropriate and immediate actions to ensure the Dog's safety and well-being and shall promptly contact the Client or their designated emergency contact or preferred veterinarian.
(19) CLIENT OBLIGATIONS
(a)The Client must ensure that the Dog is accessible at the agreed-upon times for the provision of Services. This includes providing the Service Provider with access to the house, gate, or any other area where the Dog may be located. The Client is responsible for ensuring that all necessary means of access are safe and secure.
(b) The Client is required to provide all agreed-upon items essential for the safe and effective provision of Services. This includes, but is not limited to, a suitable leash, collar, and sanitary bags. The Client must ensure that these items are in good working condition and suitable for their intended use.
(c) The Client must ensure that the Dog is ready and available at the designated time for the Service Provider to perform the agreed Services. Any delays or inability to access the Dog may result in a rescheduled service or additional fees, as per the terms of this Agreement.
(d) The Client is obligated to provide a safe environment for the Service Provider to perform the Services. This includes notifying the Service Provider of any hazards or concerns related to the Dog or the environment in which the Services will be performed.
(e) The Client must inform the Service Provider of any changes in the Dog's health or behavior that may affect the provision of Services. The Client is responsible for ensuring that the Dog is in a suitable condition for walking or other agreed Services.
(f) The Client must ensure that the Service Provider has current and up-to-date emergency contact information. In the event of an emergency, the Service Provider will use this information to contact the Client, their emergency contact or their preferred veterinarian.
(20) DOG SAFETY
(a) The Client hereby warrants that the Dog is safe, socialised, and well-trained, and does not exhibit any aggressive, dangerous, or unpredictable behaviors that could pose a risk to people, other animals, or property.
(b) The Client warrants that the Dog has no history of biting or causing injury and is in good health, up-to-date with vaccinations, and free from any contagious conditions.
(c) The Client agrees to indemnify and hold harmless the Service Provider from any and all claims, liabilities, damages, losses, and expenses, including but not limited to legal fees and medical costs, arising from any harm, injury, or damage caused by the Dog to any person, other animals, or property during the provision of the Services. This indemnification covers instances where such harm, injury, or damage is a result of the Dog's behavior, including but not limited to biting, scratching, or any other aggressive actions, regardless of the Dog's prior behavior or the Client's assurances of the Dog's safety and training.
(d) The Client acknowledges that working with animals inherently involves risks, and by engaging the Service Provider's services, the Client accepts these risks. The Client's duty to indemnify the Service Provider shall survive the termination or conclusion of this Agreement.
(e) This clause will survive the termination, expiration or completion of this Agreement.
(21) 588528558
(________) 552 888222 525282 525228 22 825222822 525 5285 55528288 252 5258882 25288525 (525 252 5258882 25288525'8 8588288258 525 5888228) 2522 525 5258282 522 525 588 828828, 88588882828, 522888228828, 82828, 8288 22 85228, 5525228, 525 25222828 (828855822, 852 222 8828225 22, 5258225882 82258 2228, 8555228, 525 5888558222228) 82855525 82 252 5258882 25288525 58 5 528582 22 522 822552 858258225 82 252 5258882 25288525 85882 2252252822 252 52588828.
(________) 552 5258882 25288525 582228825228 525 525228 2552 5282588 852 82 5225258825882 525 25285 82558825 2555288. 822882582525822, 252 2258 85588 82 22 252 5258882 25288525 22 2882582 252 852822 525 82 5258225882 25225525 22 5258 8825 5225228225 525 5282222525 8858528252828.
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(22) LIMITATION OF LIABILITY
(a) The Client may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.
(b) The ACL (or any other similar or related consumer protection laws) may give the Client certain rights, warranties, guarantees and remedies regarding the provision of Services by the Service Provider, which cannot be excluded, modified or restricted by the Service Provider ("Statutory Rights").
(c) The Service Provider's liability to the Client is governed solely by the ACL (and any other similar or related consumer protection laws) and by this Agreement.
(d) To the maximum extent permitted by law, the Service Provider excludes all conditions and warranties implied by custom, law or statute, except for the Client's Statutory Rights, and the Service Provider expressly disclaims all warranties of any kind.
(e) The Client hereby agrees that the Client is solely responsible for determining whether the Services are fit for the Client's purpose.
(f) Except in cases of death or personal injury caused by a Party's negligence, that Party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement, liability shall be limited to Fees paid by the Client to the Service Provider.
(g) To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits or business.
(h) Subject to the Client's Statutory Rights, the Service Provider shall not be liable to the Client or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(I) the Service Provider's provision of or failure to provide the Services;
(II) any conduct or content of any third party during the provision of the Services; or
(III) unauthorised access, use, or alteration of the Services.
(i) The Service Provider's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(j) When the Client's Statutory Rights apply, to the maximum extent possible, the Service Provider's liability in respect of any claim is limited to, at the Service Provider's option:
(I) the supply of the Services again; or
(II) the payment of the cost of having the Services supplied again.
(k) The Service Provider's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(l) The Service Provider shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is due to circumstances beyond its reasonable control, including natural disasters, acts of God, war, terrorism, industrial disputes, or government restrictions.
(m) This clause will survive termination, expiration or completion of this Agreement.
(23) THIRD PARTY CLAIMS
(a) Notwithstanding any other provisions of this Agreement the Service Provider agrees to indemnify, defend, and hold harmless the Client against any and all claims, actions, damages, liabilities, costs, and expenses, including legal fees and expenses, arising from or in connection with any acts or omissions of the Service Provider that result in bodily injury, death, property damage, or any other damage or injury to third parties during the performance of the Services under this Agreement.
(b) This indemnification includes, but is not limited to, any negligent, reckless, or intentionally wrongful acts of the Service Provider, and extends to any incidents involving the Dog under the care of the Service Provider that lead to third-party claims.
(c) In the event of a claim or legal action by a third party, the Client shall promptly notify the Service Provider. The Service Provider shall cooperate fully with the Client in the defense and resolution of such claim or action.
(d) This indemnification is limited to third-party claims and does not extend to any claims made by the Client against the Service Provider or by the Service Provider against the Client.
(e) This clause will survive termination, expiration or completion of this Agreement.
(24) CONFIDENTIAL INFORMATION
(a) In the course of providing the Services, the Service Provider may be granted access to the Client's property through keys, passcodes, and/or passwords. The Service Provider acknowledges and agrees to maintain the confidentiality and security of all such access methods.
(b) Furthermore, any personal information observed or encountered in the Client's home, including but not limited to bills, telephone numbers, business documents, appointments, and medical information, is considered private and confidential. This information pertains to the Client and potentially third parties and must be kept strictly confidential, not to be disclosed to any outside party or entity without the Client's explicit written consent, except where disclosure is mandated by legal requirements.
(c) In providing the services, the Service Provider shall conduct themselves professionally, disregarding the Client's personal and social habits, routines, and any personal opinions or beliefs held by the Service Provider.
(d) This clause will survive the termination, expiration or completion of this Agreement.
(25) ENTIRE AGREEMENT
(a) The Parties agree that in relation to the subject matter of this Agreement, this Agreement represents the entire agreement between the Parties. The Parties confirm that no warranties, representations, conditions or collateral agreements affect this Agreement or the subject matter of this Agreement except as expressly provided in this Agreement.
(b) The Parties each respectively agree that in entering into this Agreement, they did not do so in reliance on any representations, warranties or other provisions except for those which are expressly provided in this Agreement.
(c) The Parties agree that any warranties, conditions or other terms implied by law are expressly excluded from this Agreement to the maximum extent permitted by law.
(d) No amendment to or modification of this Agreement, and no additional obligation or obligations in relation to this Agreement or the subject matter of this Agreement, will bind any Party unless evidenced in writing and signed by both Parties.
(26) WRITTEN COMMUNICATION
(a) In relation to any correspondence or notification which is required under this Agreement to be provided in writing from one Party to the other Party:
(I) such notice is properly given if given to the other Party:
(A) by email to an email address that the other Party has nominated, acknowledged or used in connection with the Services or this Agreement.
(B) by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the Services or this Agreement.
(C) by post to a postal address the other party has nominated, acknowledged or used in connection with the Services or this Agreement.
(II) such notice is taken to be received:
(A) if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
(B) if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.
(C) if sent by prepaid post within Australia, five (5) days after the date of posting.
(D) if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.
(27) ASSIGNMENT
(a) Neither Party will, whether voluntarily or by operation of law, assign, subcontract, delegate, mortgage, charge or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party.
(28) WAIVER
(a) The waiver by either Party of any right or remedy in relation to a breach, default, delay or omission by the other Party of any provision or provisions of this Agreement will not be construed as a waiver of any subsequent breach of the same or other provisions of this Agreement.
(b) The failure or delay by either Party in exercising any right or remedy under this Agreement will not constitute a waiver of that right or remedy, nor will it prevent or impair that Party from subsequently exercising that right or remedy.
(c) Any rights or remedies provided in this Agreement are cumulative and are in addition to any rights or remedies provided by law.
(29) FORCE MAJEURE
(a) In the event that circumstances arise which:
(I) are outside of the reasonable control of a Party; and
(II) materially affect that Party's performance of its obligations under this Agreement; and
(III) could not have been reasonably foreseen or avoided;
(hereinafter "the Circumstances"), then that Party will not be deemed to be in breach of this Agreement and will not have any liability under this Agreement for any delays or failures in performance of that Party's respective obligations under this Agreement.
(b) In the event that such a delay or failure occurs, the Party affected by the Circumstances must immediately notify the other Party in writing of when the Circumstances cause a delay or failure in performance, and when the Circumstances no longer cause a delay or failure in performance.
(c) Either Party may terminate this Agreement, if the Circumstances continue for a continuous period of three months or more, by providing written notice to the other Party.
(30) APPLICABLE LAW
(a) This Agreement is subject to the laws of New South Wales and each Party submits to the jurisdiction of the courts of New South Wales.
(31) SEVERABILITY
(a) If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.
(32) SURVIVAL OF OBLIGATIONS
(a) At the termination, expiration or completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.
EXECUTED AS AN AGREEMENT THIS ________
Signed for and on behalf of ________ in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:
..................................................
________, Director
..................................................
________, Director
Signed for and on behalf of ________
..................................................
________
In the presence of:
..................................................
Witness Signature
..................................................
Witness Name and Occupation
..................................................
..................................................
Witness Address
DOG WALKING AGREEMENT
THIS AGREEMENT IS DATED: ________
BETWEEN THE DOG WALKING SERVICE PROVIDER ("Service Provider"):
________
AND THE DOG OWNER ("Client"):
________
(1) BACKGROUND
(a) This Agreement sets out the terms and conditions relating to the walking of the Client's dog(s) by the Service Provider.
(b) The Service Provider agrees to provide the dog walking services to the Client on the terms and conditions set out in this Agreement.
(2) CONTACT DETAILS
(a) The Service Provider's contact details are:
________
(b) The Client's contact details are:
________
(c) The contact details for the Client's preferred veterinarian are:
________
(3) EMERGENCIES
(a) In case of emergency, the Service Provider should contact:
________
(4) DOG DETAILS
This Agreement relates to the following dog(s), owned by the Client ("Dog"):
________
(5) SERVICES
(a) Subject to the terms of this Agreement, the Service Provider will provide the Client with the following services ("Services"):
________
(b) The Services may also include any other tasks which the Parties may agree on.
(6) PICK UP AND DROP OFF LOCATION
(a) The location(s) where the Service Provider should pick up and drop off the Dog will be agreed between the Parties from time to time.
(7) ALTERNATIVE PLANS DUE TO WEATHER
(a) The Service Provider will observe the following alternative plans in the event of extreme weather:
________
(8) COMMENCEMENT OF SERVICES
(a) The Service Provider will commence providing the Services on ________ ("the Commencement Date").
(9) TERM AND TERMINATION
(a) This Agreement is for a term of ("Term"): ________
(b) After the Term expires, this Agreement will automatically terminate.
(c) The Parties may mutually agree to extend the Term of this Agreement, or to terminate this Agreement early.
(d) This Agreement may be terminated by the Service Provider if the Client fails to pay any requisite Fees within seven (7) days after the date they are due. The Service Provider may terminate the Agreement immediately, with no notice period, in writing.
(e) This Agreement may be terminated immediately by the Client:
(I) if the Service Provider neglects the Dog's safety as judged by the Client;
(II) if the Service Provider receives three (3) or more citations or violations related to the Services or fails to comply with any applicable laws, regulations, or ordinances;
(III) if the Service Provider fails to perform the Services as detailed in this Agreement on three (3) or more occasions; and
(IV) in the event of dishonest behavior, falsehoods, or theft concerning the Client or the Client's possessions.
(f) If this Agreement is terminated before the expiration of its natural term, the Client hereby agrees to pay for all Services rendered up to the date of the termination, and for any and all expenditure due for payment after the date of termination for commitments reasonably made and incurred by the Service Provider related to the rendering of Services prior to the date of termination.
(g) Any termination of the Agreement under this clause shall not affect the accrued rights and liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies that either Party may be entitled to.
(h) Any part of this Agreement which is meant to continue after termination or which is meant to come into force at or after termination shall not be affected by this clause.
(10) WHO PERFORMS THE SERVICES
(a) The Services will be performed by the Service Provider personally.
(b) The Service Provider may not use any persons to perform the Services except for those persons expressly permitted by this clause, or except for any other persons expressly permitted in writing by the Client.
(c) The Service Provider is solely responsible for any payments to the Service Provider's employees, agents, subcontractors or affiliates in relation to the provision of the Services under this Agreement, including any payments due for salary, wages, annual leave, sick leave, long service leave, superannuation and any other amounts to which the Service Provider's employees, agents, subcontractors or affiliates may be entitled in relation to the provision of the Services under this Agreement.
(d) The Service Provider is solely responsible for ensuring compliance with any legislation which applies to the Service Provider's employees, agents, subcontractors or affiliates.
(11) INSURANCE
(a) The Service Provider must obtain all relevant insurance policies ("the Insurance Policies"), as required by law.
(b) Upon the request of the Client, the Service Provider must provide to the Client a copy of the Insurance Policies.
(12) NATURE OF RELATIONSHIP
(a) Nothing in this Agreement constitutes an employment relationship between the Client and the Service Provider or between the Client and the Service Provider's workers (such as the employees, agents or subcontractors of the Service Provider). No relationship of employer and employee is created by this Agreement.
(b) Nothing in this Agreement creates a partnership, joint venture, fiduciary relationship, agency or other relationship between the Client and the Service Provider except for the contractual relationship which is provided in this Agreement.
(c) The Parties hereby acknowledge and confirm that it is the express intention of all Parties that the Service Provider is acting in relation to the Client as a contractor and not as an employee, partner, joint venture partner, agent or otherwise.
(d) As an independent contractor, the Service Provider is solely responsible for all taxes and government contributions related to the income earned from the performance of the Services.
(e) The Client bears no responsibility for any actions or conduct of the Service Provider while the Services are being rendered under this Agreement.
(13) FEES
(a) In consideration for the Service Provider providing the Services in accordance with this Agreement, the Client agrees to pay fees to the Service Provider ("Fees") as follows:
an hourly rate of: $________
(b) any time which the Service Provider spends providing the Services, which is less than an hour will be calculated on a pro rata basis.
(c) the Parties acknowledge that the Fees are exclusive of any Goods and Services Tax ("GST") that may be charged by the Service Provider and therefore that the Service Provider will be entitled to add GST to the Fees.
(14) VETERINARY COSTS
(a) The Client acknowledges and agrees that they are solely responsible for any veterinary costs or fees incurred as a result of any illness, injury, or medical condition of the Dog arising before, during, or after the provision of Services under this Agreement.
(b) In the event that the Dog requires veterinary attention while under the care of the Service Provider, the Service Provider will make all reasonable efforts to contact the Client immediately to discuss the necessary course of action. However, should the Client be unreachable, the Service Provider is authorised to seek emergency veterinary care for the Dog at the Client's expense.
(c) The Client agrees to reimburse the Service Provider for all veterinary costs and fees incurred during the Dog's treatment promptly upon request. This responsibility includes, but is not limited to, costs associated with treatments, medications, surgeries, and any other veterinary services deemed necessary for the health and well-being of the Dog.
(15) LAWS, REGULATIONS, FINES AND PENALTIES
(a) The Dog remains the exclusive property of the Client at all times.
(b) While the Service Provider is providing the Services, the Dog will be under the care and control of the Service Provider. The Service Provider is obligated to comply with all relevant laws, regulations, and ordinances.
(c) The Service Provider agrees and acknowledges the duty to appropriately dispose of and clean up any waste produced by the Dog, adhering to all applicable laws, regulations, and ordinances.
(d) However, in the event that the Service Provider receives any fines or penalties due to non-compliance with such laws, regulations, or ordinances during the provision of the Services, the Client will be responsible for payment of those fines or penalties.
(16) INVOICING
(a) The Service Provider must provide the Client with a tax invoice in accordance with the GST Law in relation to the Fees.
(b) The Service Provider will invoice the Client: weekly
(c) Once the Service Provider provides a valid invoice in relation to the Fees ("the Invoice"), the Client must make payment within the following timeframe: ________
(17) LATE PAYMENT OF INVOICE
(a) If the Client does not make payment by the due date for payment as specified in the Invoice, the Service Provider may refrain from providing any further Services, or any other work for the Client or any other services to the Client (even if that work or those services are dealt with under a separate service agreement) until the Invoice has been paid in full.
(b) If the Client does not make payment by the due date for payment as specified in the Invoice, the Service Provider may require the Client to pay in advance for any future Services or any part of the Services which have not been performed.
(18) SERVICE PROVIDER OBLIGATIONS
(a) The Service Provider shall perform all Services with the highest level of professionalism and in a manner consistent with industry standards. The Service Provider is committed to providing quality care and attention to the Dog at all times during the provision of Services.
(b) The Service Provider is obligated to ensure the safety and well-being of the Dog during the provision of Services. This includes taking all necessary precautions to prevent injury, escape, or any harm to the Dog.
(c) The Service Provider shall comply with all applicable laws, regulations, and ordinances related to animal care and control. This includes adherence to local leash laws, waste disposal, and any specific regulations pertaining to dog walking or pet care services.
(d) The Service Provider shall adhere to the agreed-upon schedule for Services and shall promptly inform the Client of any delays or necessary schedule changes.
(e) The Service Provider shall maintain open and honest communication with the Client. This includes providing timely updates on the Dog's well-being, reporting any incidents or concerns that arise during the provision of Services, and responding promptly to the Client's inquiries and requests.
(f) The Service Provider shall responsibly use any equipment provided by the Client (such as leashes, collars, or sanitary bags) and shall provide their own equipment if necessary to ensure the safe and effective provision of Services.
(g) In case of an emergency, the Service Provider shall take appropriate and immediate actions to ensure the Dog's safety and well-being and shall promptly contact the Client or their designated emergency contact or preferred veterinarian.
(19) CLIENT OBLIGATIONS
(a)The Client must ensure that the Dog is accessible at the agreed-upon times for the provision of Services. This includes providing the Service Provider with access to the house, gate, or any other area where the Dog may be located. The Client is responsible for ensuring that all necessary means of access are safe and secure.
(b) The Client is required to provide all agreed-upon items essential for the safe and effective provision of Services. This includes, but is not limited to, a suitable leash, collar, and sanitary bags. The Client must ensure that these items are in good working condition and suitable for their intended use.
(c) The Client must ensure that the Dog is ready and available at the designated time for the Service Provider to perform the agreed Services. Any delays or inability to access the Dog may result in a rescheduled service or additional fees, as per the terms of this Agreement.
(d) The Client is obligated to provide a safe environment for the Service Provider to perform the Services. This includes notifying the Service Provider of any hazards or concerns related to the Dog or the environment in which the Services will be performed.
(e) The Client must inform the Service Provider of any changes in the Dog's health or behavior that may affect the provision of Services. The Client is responsible for ensuring that the Dog is in a suitable condition for walking or other agreed Services.
(f) The Client must ensure that the Service Provider has current and up-to-date emergency contact information. In the event of an emergency, the Service Provider will use this information to contact the Client, their emergency contact or their preferred veterinarian.
(20) DOG SAFETY
(a) The Client hereby warrants that the Dog is safe, socialised, and well-trained, and does not exhibit any aggressive, dangerous, or unpredictable behaviors that could pose a risk to people, other animals, or property.
(b) The Client warrants that the Dog has no history of biting or causing injury and is in good health, up-to-date with vaccinations, and free from any contagious conditions.
(c) The Client agrees to indemnify and hold harmless the Service Provider from any and all claims, liabilities, damages, losses, and expenses, including but not limited to legal fees and medical costs, arising from any harm, injury, or damage caused by the Dog to any person, other animals, or property during the provision of the Services. This indemnification covers instances where such harm, injury, or damage is a result of the Dog's behavior, including but not limited to biting, scratching, or any other aggressive actions, regardless of the Dog's prior behavior or the Client's assurances of the Dog's safety and training.
(d) The Client acknowledges that working with animals inherently involves risks, and by engaging the Service Provider's services, the Client accepts these risks. The Client's duty to indemnify the Service Provider shall survive the termination or conclusion of this Agreement.
(e) This clause will survive the termination, expiration or completion of this Agreement.
(21) 588528558
(________) 552 888222 525282 525228 22 825222822 525 5285 55528288 252 5258882 25288525 (525 252 5258882 25288525'8 8588288258 525 5888228) 2522 525 5258282 522 525 588 828828, 88588882828, 522888228828, 82828, 8288 22 85228, 5525228, 525 25222828 (828855822, 852 222 8828225 22, 5258225882 82258 2228, 8555228, 525 5888558222228) 82855525 82 252 5258882 25288525 58 5 528582 22 522 822552 858258225 82 252 5258882 25288525 85882 2252252822 252 52588828.
(________) 552 5258882 25288525 582228825228 525 525228 2552 5282588 852 82 5225258825882 525 25285 82558825 2555288. 822882582525822, 252 2258 85588 82 22 252 5258882 25288525 22 2882582 252 852822 525 82 5258225882 25225525 22 5258 8825 5225228225 525 5282222525 8858528252828.
(________) 5588 885582 8888 8558882 252 22528252822, 2528552822 25 8222822822 22 2588 825222222.
(22) LIMITATION OF LIABILITY
(a) The Client may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.
(b) The ACL (or any other similar or related consumer protection laws) may give the Client certain rights, warranties, guarantees and remedies regarding the provision of Services by the Service Provider, which cannot be excluded, modified or restricted by the Service Provider ("Statutory Rights").
(c) The Service Provider's liability to the Client is governed solely by the ACL (and any other similar or related consumer protection laws) and by this Agreement.
(d) To the maximum extent permitted by law, the Service Provider excludes all conditions and warranties implied by custom, law or statute, except for the Client's Statutory Rights, and the Service Provider expressly disclaims all warranties of any kind.
(e) The Client hereby agrees that the Client is solely responsible for determining whether the Services are fit for the Client's purpose.
(f) Except in cases of death or personal injury caused by a Party's negligence, that Party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement, liability shall be limited to Fees paid by the Client to the Service Provider.
(g) To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits or business.
(h) Subject to the Client's Statutory Rights, the Service Provider shall not be liable to the Client or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(I) the Service Provider's provision of or failure to provide the Services;
(II) any conduct or content of any third party during the provision of the Services; or
(III) unauthorised access, use, or alteration of the Services.
(i) The Service Provider's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(j) When the Client's Statutory Rights apply, to the maximum extent possible, the Service Provider's liability in respect of any claim is limited to, at the Service Provider's option:
(I) the supply of the Services again; or
(II) the payment of the cost of having the Services supplied again.
(k) The Service Provider's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
(l) The Service Provider shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is due to circumstances beyond its reasonable control, including natural disasters, acts of God, war, terrorism, industrial disputes, or government restrictions.
(m) This clause will survive termination, expiration or completion of this Agreement.
(23) THIRD PARTY CLAIMS
(a) Notwithstanding any other provisions of this Agreement the Service Provider agrees to indemnify, defend, and hold harmless the Client against any and all claims, actions, damages, liabilities, costs, and expenses, including legal fees and expenses, arising from or in connection with any acts or omissions of the Service Provider that result in bodily injury, death, property damage, or any other damage or injury to third parties during the performance of the Services under this Agreement.
(b) This indemnification includes, but is not limited to, any negligent, reckless, or intentionally wrongful acts of the Service Provider, and extends to any incidents involving the Dog under the care of the Service Provider that lead to third-party claims.
(c) In the event of a claim or legal action by a third party, the Client shall promptly notify the Service Provider. The Service Provider shall cooperate fully with the Client in the defense and resolution of such claim or action.
(d) This indemnification is limited to third-party claims and does not extend to any claims made by the Client against the Service Provider or by the Service Provider against the Client.
(e) This clause will survive termination, expiration or completion of this Agreement.
(24) CONFIDENTIAL INFORMATION
(a) In the course of providing the Services, the Service Provider may be granted access to the Client's property through keys, passcodes, and/or passwords. The Service Provider acknowledges and agrees to maintain the confidentiality and security of all such access methods.
(b) Furthermore, any personal information observed or encountered in the Client's home, including but not limited to bills, telephone numbers, business documents, appointments, and medical information, is considered private and confidential. This information pertains to the Client and potentially third parties and must be kept strictly confidential, not to be disclosed to any outside party or entity without the Client's explicit written consent, except where disclosure is mandated by legal requirements.
(c) In providing the services, the Service Provider shall conduct themselves professionally, disregarding the Client's personal and social habits, routines, and any personal opinions or beliefs held by the Service Provider.
(d) This clause will survive the termination, expiration or completion of this Agreement.
(25) ENTIRE AGREEMENT
(a) The Parties agree that in relation to the subject matter of this Agreement, this Agreement represents the entire agreement between the Parties. The Parties confirm that no warranties, representations, conditions or collateral agreements affect this Agreement or the subject matter of this Agreement except as expressly provided in this Agreement.
(b) The Parties each respectively agree that in entering into this Agreement, they did not do so in reliance on any representations, warranties or other provisions except for those which are expressly provided in this Agreement.
(c) The Parties agree that any warranties, conditions or other terms implied by law are expressly excluded from this Agreement to the maximum extent permitted by law.
(d) No amendment to or modification of this Agreement, and no additional obligation or obligations in relation to this Agreement or the subject matter of this Agreement, will bind any Party unless evidenced in writing and signed by both Parties.
(26) WRITTEN COMMUNICATION
(a) In relation to any correspondence or notification which is required under this Agreement to be provided in writing from one Party to the other Party:
(I) such notice is properly given if given to the other Party:
(A) by email to an email address that the other Party has nominated, acknowledged or used in connection with the Services or this Agreement.
(B) by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the Services or this Agreement.
(C) by post to a postal address the other party has nominated, acknowledged or used in connection with the Services or this Agreement.
(II) such notice is taken to be received:
(A) if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
(B) if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.
(C) if sent by prepaid post within Australia, five (5) days after the date of posting.
(D) if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.
(27) ASSIGNMENT
(a) Neither Party will, whether voluntarily or by operation of law, assign, subcontract, delegate, mortgage, charge or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party.
(28) WAIVER
(a) The waiver by either Party of any right or remedy in relation to a breach, default, delay or omission by the other Party of any provision or provisions of this Agreement will not be construed as a waiver of any subsequent breach of the same or other provisions of this Agreement.
(b) The failure or delay by either Party in exercising any right or remedy under this Agreement will not constitute a waiver of that right or remedy, nor will it prevent or impair that Party from subsequently exercising that right or remedy.
(c) Any rights or remedies provided in this Agreement are cumulative and are in addition to any rights or remedies provided by law.
(29) FORCE MAJEURE
(a) In the event that circumstances arise which:
(I) are outside of the reasonable control of a Party; and
(II) materially affect that Party's performance of its obligations under this Agreement; and
(III) could not have been reasonably foreseen or avoided;
(hereinafter "the Circumstances"), then that Party will not be deemed to be in breach of this Agreement and will not have any liability under this Agreement for any delays or failures in performance of that Party's respective obligations under this Agreement.
(b) In the event that such a delay or failure occurs, the Party affected by the Circumstances must immediately notify the other Party in writing of when the Circumstances cause a delay or failure in performance, and when the Circumstances no longer cause a delay or failure in performance.
(c) Either Party may terminate this Agreement, if the Circumstances continue for a continuous period of three months or more, by providing written notice to the other Party.
(30) APPLICABLE LAW
(a) This Agreement is subject to the laws of New South Wales and each Party submits to the jurisdiction of the courts of New South Wales.
(31) SEVERABILITY
(a) If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances the remaining provisions of this Agreement shall continue in full force and effect.
(32) SURVIVAL OF OBLIGATIONS
(a) At the termination, expiration or completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.
EXECUTED AS AN AGREEMENT THIS ________
Signed for and on behalf of ________ in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by ________ and ________, two of its directors:
..................................................
________, Director
..................................................
________, Director
Signed for and on behalf of ________
..................................................
________
In the presence of:
..................................................
Witness Signature
..................................................
Witness Name and Occupation
..................................................
..................................................
Witness Address
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