This pet sitting agreement is between
The Owner is the owner of the following animal(s):
The Sitter is an experienced pet sitter.
The parties agree as follows:
1. ENGAGEMENT; SERVICES.
- (a) Engagement. The Owner retains the Sitter to provide, and the Sitter shall provide, the services described in Exhibit A (the "Services").
- (b) Services. Without limiting the scope of Services described in Exhibit A, the Sitter shall:
-
- (i) devote as much productive time, energy, and ability to the performance of its duties under this agreement as may be necessary to provide the required Services in a timely and productive manner;
- (ii) perform the Services in a reliable, caring, and trustworthy manner using fully-trained, skilled, competent, and experienced personnel;
- (iii) perform the Services in accordance with standards prevailing in the Sitter's industry, and in accordance with applicable law, rules, or regulations, and obtain all permits or permissions required to comply with those standards, laws, rules, or regulations;
(iv) pay all ordinary and necessary expenses of, and provide insurance coverage, for its staff; (v) (iv) carry out all the Owner's instructions as to the care of the Pet(s);(vi) (v) make every reasonable effort to ensure the good health and comfort of the Pet(s) while abiding by the instructions of the Owner;(vii) (vi) communicate with the Owner regarding the Sitter's performance of the Services;(viii) (vii) provide services (including the Services) that are satisfactory and acceptable to the Owner; and(ix) (viii) refrain from unlocking or opening doors or gates on the Owner's property for anyone at any time.
- (c) Owner's Obligations. The Owner shall:
-
- (i) make timely payments of amounts earned by the Sitter under this agreement;
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- (ii) provide a set of working keys to the Owner's home for the Sitter to carry, which may not be left hidden outside by either party;
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- (iii) provide sufficient instructions to arm and disarm any burglar alarm system in the Owner's home;
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- (iv) "pet-proof" the Owner's home and yard and secure any gates, latches, or fences prior to leaving. The Sitter is not responsible for injury, disappearance, death, or fines of the Pet(s) if the Pet(s) have unsupervised access to the outdoors;
-
- (v) lock all windows, screens, and doors before leaving the home unattended for the safety and security of the Pet(s), property, and the Sitter;
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- (vi) have sufficient pet food, medication, cleaning supplies, and other important provisions readily available to the Sitter before the Owner's departure, and reimburse the Sitter for all resupplies of products needed for the satisfactory performance of its duties;
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- (vii) make payment arrangements with a qualified veterinarian for veterinary consultations or procedures the Sitter incurs on behalf of the Pet(s);
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- (viii) provide relevant information to help the Sitter in performing the Services; and
-
- (ix) satisfy the Sitter's reasonable requests for assistance in its performance of the Services.
2. TERM AND TERMINATION.
- (a) Term. This agreement will become effective as described in section 17 and continue for an initial term of
year(s) (the "Term"). Unless either party gives written notice to the other at least days before the end of the Term, this agreement will renew automatically for an additional -year term. This automatic extension will continue to apply at the end of each extended period until the agreement is terminated. - (b) Termination. This agreement may be terminated:
- (i) by either party for a material breach of any provision of this agreement by the other party, if the other party's material breach is not cured within
days of receipt of written notice of the breach; - (ii) by the Sitter if the Sitter, in its discretion, determines that the Owner's Pet(s) pose(s) a danger to the health or safety of the Pet(s) other pets, other people, or the Sitter. If these concerns prevent the Sitter from caring for the Pet(s), the Sitter will try to contact the Owner to arrange for alternative care. If the Owner cannot be reached, the Owner authorizes the Sitter to place the Pet(s) in a licensed (or previously designated) kennel, with any resulting charges and fees (including transportation, kenneling, tranquilizing, treating, accessing, and liability) to be the Owner's responsibility;
or - (iii) by the Owner at any time and without prior notice, if the Sitter
is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Owner at, or is guilty of serious misconduct in connection with performance under this agreement. ; or (iv) automatically, on the death of the Sitter.
- (i) by either party for a material breach of any provision of this agreement by the other party, if the other party's material breach is not cured within
- (c) Effect of Termination. After the termination of this agreement, the Owner shall promptly pay the Sitter according to the terms of Exhibit A for Services rendered before the effective date of the termination.
3. COMPENSATION.
- (a) Terms and Conditions. The Owner shall pay the Sitter in accordance with Exhibit A.
- (b) No Payments in Certain Circumstances. No payment will be payable to the Sitter under any of the following circumstances:
-
- (i) if prohibited under applicable government law, regulation, or policy;
- (ii) if the Sitter did not directly perform or complete the Services described in Exhibit A;
- (iii) if the Sitter did not perform the Services to the reasonable satisfaction of the Owner; or
- (iv) if the Services performed occurred after the expiration or termination of this agreement, unless otherwise agreed in writing.
- (c) Taxes. The Sitter is solely responsible for the payment of all income, social security, employment-related, or other taxes incurred as a result of the performance of the Services by the Sitter under this agreement and for all obligations, reports, and timely notifications relating to such taxes. The Owner shall have no obligation to pay or withhold any sums for such taxes.
4. NATURE OF RELATIONSHIP.
- (a) Independent Contractor Status. The Sitter shall perform the Services solely as an independent contractor. Nothing in this agreement maybe construed as creating a joint venture, partnership, franchise, agency, employer-employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. The Sitter is and will remain an independent contractor in its relationship to the Owner. The Owner is not responsible for withholding taxes with respect to the Sitter's compensation under this agreement. The Sitter will have no claim against the Owner under this agreement or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits. Nothing in this agreement creates any obligation between either party and a third party.
- (b) Indemnification of Owner by Sitter. The Owner has entered into this agreement in reliance on information provided by the Sitter, including the Sitter's express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If any regulatory body or court of competent jurisdiction finds that the Sitter is not an independent contractor or is not in compliance with applicable laws related to work as an independent contractor, based on the Sitter's own actions, the Sitter will assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Sitter or the Owner resulting from that contrary interpretation, including taxes, assessments, and penalties that would have been deducted from the Sitter's earnings had the Sitter been on the Owner's payroll and employed as an employee of the Owner.
5. OWNER'S REPRESENTATIONS.
The Owner hereby represents:
- (a) the Owner is the actual owner of the Pet(s);
- (b) the Pet(s) are current on rabies vaccination and have received other regular vaccinations or satisfactory titer level results from a certified veterinarian, as documented on Exhibit B;
- (c) the Pet(s) have no history of vicious or violent behavior; and
- (d) the emergency contacts listed on Exhibit C (the "Emergency Contacts") have been notified that they have been designated to make decisions on the Owner's behalf in the case of an emergency.
6. AUTHORIZATION OF EMERGENCY MEDICAL CARE.
If an animal health emergency occurs and neither the Owner nor an Emergency Contact can be reached, the Owner hereby authorizes the Sitter to obtain whatever emergency veterinary care for the Pet(s) that the Sitter deems necessary. A form of veterinary release to allow for this treatment is attached as Exhibit D (the "Release"). The Owner shall sign the Release on or before the date this agreement becomes effective under section 17. The Owner authorizes the Sitter to incur veterinary costs for the Pet(s) in the Owner's name and will indemnify the Sitter from any liability arising from these charges.
7. INDEMNIFICATION.
- (a) Of Owner by Sitter. The Sitter shall indemnify the Owner from all damages, liabilities, costs, expenses, claims, and judgments, including reasonable attorneys' fees and disbursements (collectively, the "Claims"), that it may incur and that arise from:
-
- (i) the Sitter's gross negligence or willful misconduct arising from Sitter's carrying out of its obligations under this agreement; or
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- (ii) the Sitter's breach of any of its obligations under this agreement.
- (b) Of Sitter by Owner. The Owner shall indemnify the Sitter from all Claims that it may incur and that arise from:
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- (i) the Owner's breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party; or
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- (ii) the Owner's breach of any of its obligations under this agreement. However, the Owner is not obligated to indemnify the Sitter if any of these Claims result from the Sitter's own actions or inactions.
8. EXCLUSION OF LIABILITY.
The Sitter is not responsible for:
- (a) losses, fines, injuries, or deaths resulting from actions of the Pet(s), if these actions occur because the Owner has left the Pet(s) outside or has instructed the Sitter to leave the Pet(s) outside while the Sitter is not there, including pets with doggie doors or outdoor pets;
- (b) complications suffered by the Pet(s) or the actions of the Pet(s) while the Pet(s) are unattended;
- (c) costs (including medical care and attorneys' fees) related to the Pet(s)' biting of another person or animal;
- (d) liability related to transportation, veterinarian treatment, and expenses for the Pet(s);
- (e) expenses resulting from the Pet(s)' destructive behavior in the house or any house soiling; or
- (f) damages resulting from the Sitter's performance of additional services, including wilting or dead indoor or outdoor plants, damage to trash cans by trash service, damaged mail, or newspapers. These additional services will be performed by the Sitter specifically as requested and instructed by the Owner.
9. ASSIGNMENT AND DELEGATION.
- (a) No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
- (b) No Delegation. The Sitter's duties under this agreement are personal, and the Sitter may not delegate any performance under this agreement, except with the prior written consent of the Owner.
- (c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.
10. GOVERNING LAW.
The laws of the state of
11. AMENDMENTS.
No amendment to this agreement will be effective unless it is in writing and signed by a party.
12. NOTICE.
Any notice or other communication provided for in or given under this agreement to a party will be in writing and given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective parties as follows:
- If to the Owner:
, - If to the Sitter:
,
13. SEVERABILITY.
If any provision contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.
14. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
15. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.
16. HEADINGS.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.
17. EFFECTIVENESS.
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.
18. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this agreement on the date stated opposite that party's signature.
| Date: _____________________________ | By: _________________________________________________________ |
| Name: |
| Date: _____________________________ | By: _________________________________________________________ |
| Name: |
|
[PAGE BREAK HERE]
EXHIBIT A
DUTIES, SPECIFICATIONS, AND COMPENSATION
1. SERVICES. The Sitter shall:
- (a) Visit
times ; - (b) Provide food
times a day to the Pet(s); - (c) Walk the Pet(s)
times a day; - (d) Provide playtime and exercise
for minutes time(s) each day; - (e) Administer medication
time(s) a day; and - (f) Clean up after the Pet(s)
; and and . (g) Complete a daily report on the Pet(s) for the Owner to review on his or her return ; . and (h) (g) .
2. COMPENSATION.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this exhibit on the date stated opposite that party's signature.
| Date: _____________________________ | By: _________________________________________________________ |
| Name: |
| Date: _____________________________ | By: _________________________________________________________ |
| Name: |
|
[PAGE BREAK HERE]
EXHIBIT B
PET INFORMATION SHEET
Complete separate sheet for each pet
PET ONE INFORMATION
| Name: | Age: | Breed: | Color/Markings: |
| Sex: [ ] Male [ ] Female |
Weight/size: | Rabies Tag No.: | Date rabies shot expires: |
| Microchipped [ ] Yes [ ] No |
History of illness [ ] Yes [ ] No |
Declawed [ ] Yes [ ] No |
Spayed/Neutered [ ] Yes [ ] No |
FEEDING
| asddddddddddddddaddddddddd | asddddddddddddddaddddd | asddddddddddddddadd |
|---|---|---|
| Permitted types of food: | Feeding times: | Amount per feeding: |
Special feeding instructions?
Please describe in detail.
EMERGENCY CARE
| asddddddddddddddaddddddddd | asddddddddddddddaddddd | asddddddddddddddadd |
|---|---|---|
| Veterinarian Name: | Address: | Phone No.: |
| Emergency Clinic Name: | Address: | Phone No.: |
[PAGE BREAK HERE]
MEDICATION
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 1. | |||
- Special instructions?
- Please describe in detail.
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 2. | |||
- Special instructions?
- Please describe in detail.
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 3. | |||
- Special instructions?
- Please describe in detail.
[PAGE BREAK HERE]
OTHER
| DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD |
|---|---|
| Favorite game(s): | Favorite hiding place(s): |
| Location of collar/leash: | Location of litter box, supplies, cleaning instructions: |
| Must be kept in certain rooms? | Special harness/choke collar required for walks? |
| [ ] Yes [ ] No If yes, please explain: |
[ ] Yes [ ] No If yes, please explain: |
| TV/Radio left on for pet? | How to transport pet: |
| [ ] Yes [ ] No If yes, please explain: |
[ ] Backseat [ ] Crated [ ] Other: __________________________________________ |
TRAITS
Check the box that best describes your pet's personality
| DDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDD | |
|---|---|---|---|
| Is friendly with other dogs [ ] Yes [ ] No |
Likes new adults [ ] Yes [ ] No |
Likes children [ ] Yes [ ] No |
Is allowed in the house [ ] Yes [ ] No |
| Must stay on leash during walks [ ] Yes [ ] No |
Is allowed to have treats [ ] Yes [ ] No |
Is prone to digging [ ] Yes [ ] No |
Is prone to chewing [ ] Yes [ ] No |
| Is fearful of noises or other things [ ] Yes [ ] No |
Has shown other aggression [ ] Yes [ ] No |
Has bitten people or other dogs [ ] Yes [ ] No |
Gets carsick [ ] Yes [ ] No |
| Injured self/escaped out of fear [ ] Yes [ ] No |
Injured self out of boredom [ ] Yes [ ] No |
Obeys basic commands [ ] Yes [ ] No |
Additional information about habits or behavior that may be helpful.
Please describe in detail.
[PAGE BREAK HERE]
PET TWO INFORMATION
| Name: | Age: | Breed: | Color/Markings: |
| Sex: [ ] Male [ ] Female |
Weight/size: | Rabies Tag No.: | Date rabies shot expires: |
| Microchipped [ ] Yes [ ] No |
History of illness [ ] Yes [ ] No |
Declawed [ ] Yes [ ] No |
Spayed/Neutered [ ] Yes [ ] No |
FEEDING
| asddddddddddddddaddddddddd | asddddddddddddddaddddd | asddddddddddddddadd |
|---|---|---|
| Permitted types of food: | Feeding times: | Amount per feeding: |
Special feeding instructions?
Please describe in detail.
EMERGENCY CARE
| asddddddddddddddaddddddddd | asddddddddddddddaddddd | asddddddddddddddadd |
|---|---|---|
| Veterinarian Name: | Address: | Phone No.: |
| Emergency Clinic Name: | Address: | Phone No.: |
[PAGE BREAK HERE]
MEDICATION
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 1. | |||
- Special instructions?
- Please describe in detail.
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 2. | |||
- Special instructions?
- Please describe in detail.
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 3. | |||
- Special instructions?
- Please describe in detail.
[PAGE BREAK HERE]
OTHER
| DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD |
|---|---|
| Favorite game(s): | Favorite hiding place(s): |
| Location of collar/leash: | Location of litter box, supplies, cleaning instructions: |
| Must be kept in certain rooms? | Special harness/choke collar required for walks? |
| [ ] Yes [ ] No If yes, please explain: |
[ ] Yes [ ] No If yes, please explain: |
| TV/Radio left on for pet? | How to transport pet: |
| [ ] Yes [ ] No If yes, please explain: |
[ ] Backseat [ ] Crated [ ] Other: __________________________________________ |
TRAITS
Check the box that best describes your pet's personality
| DDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDD | |
|---|---|---|---|
| Is friendly with other dogs [ ] Yes [ ] No |
Likes new adults [ ] Yes [ ] No |
Likes children [ ] Yes [ ] No |
Is allowed in the house [ ] Yes [ ] No |
| Must stay on leash during walks [ ] Yes [ ] No |
Is allowed to have treats [ ] Yes [ ] No |
Is prone to digging [ ] Yes [ ] No |
Is prone to chewing [ ] Yes [ ] No |
| Is fearful of noises or other things [ ] Yes [ ] No |
Has shown other aggression [ ] Yes [ ] No |
Has bitten people or other dogs [ ] Yes [ ] No |
Gets carsick [ ] Yes [ ] No |
| Injured self/escaped out of fear [ ] Yes [ ] No |
Injured self out of boredom [ ] Yes [ ] No |
Obeys basic commands [ ] Yes [ ] No |
Additional information about habits or behavior that may be helpful.
Please describe in detail.
[PAGE BREAK HERE]
PET THREE INFORMATION
| Name: | Age: | Breed: | Color/Markings: |
| Sex: [ ] Male [ ] Female |
Weight/size: | Rabies Tag No.: | Date rabies shot expires: |
| Microchipped [ ] Yes [ ] No |
History of illness [ ] Yes [ ] No |
Declawed [ ] Yes [ ] No |
Spayed/Neutered [ ] Yes [ ] No |
FEEDING
| asddddddddddddddaddddddddd | asddddddddddddddaddddd | asddddddddddddddadd |
|---|---|---|
| Permitted types of food: | Feeding times: | Amount per feeding: |
Special feeding instructions?
Please describe in detail.
EMERGENCY CARE
| asddddddddddddddaddddddddd | asddddddddddddddaddddd | asddddddddddddddadd |
|---|---|---|
| Veterinarian Name: | Address: | Phone No.: |
| Emergency Clinic Name: | Address: | Phone No.: |
[PAGE BREAK HERE]
MEDICATION
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 1. | |||
- Special instructions?
- Please describe in detail.
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 2. | |||
- Special instructions?
- Please describe in detail.
| asddddddddddddddadddddd | asddddddddddddddadddd | asdddddddddddddaddD | |
|---|---|---|---|
| Type of Medication: | Dosage/Frequency: | Location of Medicine: | |
| 3. | |||
- Special instructions?
- Please describe in detail.
[PAGE BREAK HERE]
OTHER
| DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD |
|---|---|
| Favorite game(s): | Favorite hiding place(s): |
| Location of collar/leash: | Location of litter box, supplies, cleaning instructions: |
| Must be kept in certain rooms? | Special harness/choke collar required for walks? |
| [ ] Yes [ ] No If yes, please explain: |
[ ] Yes [ ] No If yes, please explain: |
| TV/Radio left on for pet? | How to transport pet: |
| [ ] Yes [ ] No If yes, please explain: |
[ ] Backseat [ ] Crated [ ] Other: __________________________________________ |
TRAITS
Check the box that best describes your pet's personality
| DDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDD | |
|---|---|---|---|
| Is friendly with other dogs [ ] Yes [ ] No |
Likes new adults [ ] Yes [ ] No |
Likes children [ ] Yes [ ] No |
Is allowed in the house [ ] Yes [ ] No |
| Must stay on leash during walks [ ] Yes [ ] No |
Is allowed to have treats [ ] Yes [ ] No |
Is prone to digging [ ] Yes [ ] No |
Is prone to chewing [ ] Yes [ ] No |
| Is fearful of noises or other things [ ] Yes [ ] No |
Has shown other aggression [ ] Yes [ ] No |
Has bitten people or other dogs [ ] Yes [ ] No |
Gets carsick [ ] Yes [ ] No |
| Injured self/escaped out of fear [ ] Yes [ ] No |
Injured self out of boredom [ ] Yes [ ] No |
Obeys basic commands [ ] Yes [ ] No |
Additional information about habits or behavior that may be helpful.
Please describe in detail.
[PAGE BREAK HERE]
Attach list of vaccinations of Pet(s)
[PAGE BREAK HERE]
EXHIBIT C
EMERGENCY CONTACT LIST
Name:
Phone No.:
[PAGE BREAK HERE]
EXHIBIT D
Dear
If the above-named veterinarian is not available, I agree that another veterinarian in his or her veterinary group may provide the treatment described above. If neither of these veterinarians is available, or if emergency care is needed after regular veterinary office hours, I give permission for
I understand that
This release is valid from the date below and grants permission for future veterinary care without the need for additional authorization each time
| Signature: _____________________________________________ | Date: __________________________________ |
| Name: |
How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.
Pet sitting agreement: How-to guide
Pets (like humans) are most comfortable in their own homes. If you go away on a business trip or vacation, ensuring your absence is as stress-free for your animal as possible is important. Ensuring your pets are in a familiar environment, with a stable food and exercise routine, is a safe and healthy way to allay their fears.
Hiring professional pet sitters allows you to care for your pet safely and economically. A well-constructed pet care agreement protects both the pet owner and the sitter, ensuring each party understands their rights and responsibilities in the arrangement.
- If you're a sitter, this form ensures you get all the information you need to care for the pet in your charge.
- If you're an owner, this agreement assures your pet will get the care and attention it deserves.
The agreement can provide a good starting point for negotiations. The owner and the sitter must continue to discuss the terms of the agreement, settling questions about service obligations and payment. Once they have agreed on contract terms and signed the form, both parties can rest assured that the agreement will protect their interests—and those of the pets.
Important points a pet owner should know while drafting a pet-sitting agreement
1. Provide proof of bonding against theft
A pet sitter should provide the owner with proof that they're bonded against theft by any of their employees. A pet sitter should provide the owner with proof that it is bonded against theft by any of its employees. Pet sitters regularly enter their clients' homes and thus can be held responsible for the theft of any property that occurs during the arrangement term. Once it has been demonstrated that a criminal act has occurred, the bonding company will pay the owner and seek reimbursement from the party who committed the crime. A pet sitter bond can assure both parties that an owner’s property is protected from harm in their absence.
2. Ensure proof of liability insurance
A pet sitter should have proof of liability insurance (provided to each pet owner client). General liability insurance policies are designed explicitly for sitters and usually cover damage/injury to people and other pets. Note that the proper amount of coverage will depend on the type and number of animals watched (e.g., show animal vs. family pet, horse vs. cat) and the length of care time.
3. Obtain the necessary business license
Although most jurisdictions don't issue specific pet sitter licenses, the city or state you live in may require a pet sitter to obtain a general business license. This is something to consider if you're a sitter starting out in the profession. Being caught doing business without a license may subject you to hefty fines. If you're hiring a pet sitter, check to see if that sitter has a business license in your area. This may seem like overkill for a simple job, but it’s a good way to check the stability and reliability of the company or person you hire.
4. Conduct due diligence
If you’re an owner, you’ll leave your pet (and your home) in the hands of the person or agency you select; hence, it’s vital to do your due diligence.
- Do they have a website listing their services, rates, policies, and contact information?
- Did they provide references with phone numbers?
A little work upfront could save you considerable time and money down the road.
5. Provide comprehensive information
Before leaving, provide your pet sitter with as much information as possible. This will reduce the likelihood of misunderstandings and the frequency of phone calls asking for clarification. Consider preparing a list of the following:
- A description of the pet’s daily routine
- A list of any health problems and/or medications required by your pets
- Contact information of your veterinarian
- Contact information for other home maintenance workers (e.g., plumbers, electricians, etc.)
- Location of your pet’s favorite hiding places
- Location of your pet’s favorite toys
- Location of collar and leash, ID tags, poop scoopers, litter boxes, cat litter and cleaning supplies, etc.
- Written verification of all vaccines that have been given to your pets
- Your contact information
- A list of any rooms that are off-limits to people or pets
- Location of cleaning and other household supplies
- Location of your fuse box and any new fuses, thermostat, main water shut-off valve, gas shut-off valve, fire extinguisher, etc.
6. Plan a pre-departure meeting
If possible, plan a meeting between the pets and the sitter before you leave on the trip. This may make the departure less traumatizing for the animals and lay a good foundation for the sitter-pet relationship.
7. Clarify house-sitting expectations
Don't assume that your pet sitter will take on house-sitting duties (turning on lights in the evening and switching them off in the morning, opening and closing curtains and blinds, watering plants, picking up newspapers and mail, etc.) if this isn't spelled out in your agreement. If you ask for additional services, you may be asked to pay more for the sitter’s time.
8. Inform neighbors about the pet sitter’s visit
Let your neighbors know that a pet sitter will visit your house while you're gone. This will clarify when an unfamiliar person is seen coming and going at your home.
9. Treat the pet sitter as an independent contractor
For many reasons, a pet sitter must be treated as an independent contractor rather than an employee of the owner for whom they work. If independent contractors are reclassified as employees, the owner using those contractors will be required to reimburse the IRS or state tax authority for delinquent employment taxes, interest, and penalties. A written agreement can provide some protection from these charges but is only the first step in establishing an individual’s independent contractor status. Once signed, both parties must follow its terms to maintain status.
10. Review state laws on contractors
Review your state’s laws governing independent contractors. In recent years, many states have made it difficult for individuals to qualify, imposing absolute requirements about the freedom a contractor must have from company control. The agreement must change certain provisions to fit your state’s rules.
11. Sign and keep agreement copies
Create two copies of the agreement, one for you and one for the other party, and sign them. Keep a copy of the signed agreement for your records. At the end of its term, you and the other party can revisit its provisions and consider whether to renew.
12. Consider witnessing or notarizing
Depending on the nature of its terms, you may decide to have your agreement witnessed or notarized. This will limit later challenges to the validity of a party’s signature.
13. Seek legal assistance for complex agreements
If your agreement is complicated, contact an attorney to help draft a document that meets your needs.
Understanding the clauses of a pet-sitting agreement
The following instructions will help you understand the terms of the agreement. Please review the entire document before starting your step-by-step process.
1. Introduction
In this section, add the date when the agreement will be signed and become effective. Add the names and details of the parties involved. The pet’s owner hiring the caretaker is called the “owner,” and the party taking care of the pet is called the “sitter.”
2. Recitals
The “whereas” clauses, referred to as recitals, define the world of the agreement and offer key background information about the parties. In this agreement, the recitals include a simple statement of your intent to enter into a pet-sitting arrangement. If you have multiple pets, enter their names here, who'll be watched by the sitter.
3. Responsibilities
This section talks about each party’s responsibilities under the agreement. Essentially, the sitter agrees to perform the agreed-on services with adequate attention and care, and the owner agrees to assist in this performance by providing necessary information and guidance.
4. Nature of relationship
This section explains that the sitter isn't an employee or partner of the owner. This distinction is important for legal reasons, including insurance coverage requirements, liability, and taxes. The agreement emphasizes this divide, but both parties should maintain the line between independent contractors and employees in performing their duties. Review your state’s laws governing independent contractors to ensure the agreement follows local restrictions.
5. Representations and warranties
This section details the parties’ promises under the agreement. Each party agrees to enter into the arrangement based on the conditions listed in this section (e.g., each can enter the agreement and satisfy its terms). The sitter’s representations and warranties certify that it’ll be responsible for hiring any parties to do the work. The owner’s representations and warranties are more detailed and assure the sitter that the pets aren’t dangerous and that emergency contacts are available if the owner can’t be reached.
6. Compensation
Explain the following terms in this section:
- Add the complete payment terms.
- Indicate the time the owner has to forward payments to the sitter. If your arrangement is more casual, this doesn't need to be a detailed invoice; rather, it can be a simple report of the tasks performed and the rates applicable to that performance.
- The circumstances under which no payments will be made.
- Except as stated specifically in the agreement (e.g., payments for additional pet food or emergency expenses), the sitter will pay for the services. If the parties want to specifically define the types of expenses that the owner will pay, they need to mention those as well. Keep these exceptions limited if you choose to include them. If the owner pays for all the sitter’s expenses, the relationship will be more like that between an employer/employee than an independent contractor arrangement.
- Indicates that the sitter is responsible for paying their taxes on the money they receive (i.e., they’re not receiving a “salary” as an employee of the owner, and the owner won’t withhold those amounts on their behalf).
7. Term
This section indicates that the agreement will last until termination, an expiration date, or a certain number of years.
8. Termination
This section explains that certain actions or events, including written notice or material breach, will cause the agreement to end out of time (i.e., before the services are completed or the end of the term, if any). Provide the notice period that a party must give to end the agreement.
The sitter can terminate the agreement anytime if the pet(s) become violent or dangerous. In such cases, the sitter can place the pet(s) into a kennel or other agreed-on facility until the owner can return and assume responsibility for the pet(s).
9. Authorization of emergency medical care
This clause allows the sitter to get emergency medical care for the pet(s) in the owner’s name during the owner’s absence. This clause also promises that the owner will pay any costs incurred in such emergency care. Ensure you list the emergency contact details of people other than the owner.
Also, add a veterinarian release form allowing the pet(s) to be treated during the owner’s absence. Under the terms of this section, the owner must fill out and sign the release on or before the date the agreement is signed.
10. Indemnification
This provision allocates responsibilities between the parties if problems arise in the future and protects each party from the consequences of the other’s negligent or intentional conduct.
11. Exclusion of liability
Here, the owner can specify the items for which the sitter will not be held liable or financially responsible. These items include any damage or destruction resulting from the pet’s actions or health problems. Note that unless the owner agrees in writing that the sitter will also be responsible for house-related activities (e.g., watering plants, etc.), the sitter is also excused from liability for any damages resulting from its failure to perform them.
12. Assignment
This clause explains that each party must obtain the other’s written permission before assigning its obligations and interests.
13. Successors and assigns
This clause states that the parties’ rights and obligations will be passed on to heirs or, in the case of companies, successor organizations or organizations to which rights and obligations have been permissibly assigned.
14. No implied waiver
This section clarifies that if either party allows the other to ignore or break an obligation under the agreement, it doesn't mean that the party waives any future rights to require the other to fulfill those (or any other) obligations.
15. Notice
This section contains the addresses to which all official or legal correspondence should be delivered. Write a mailing address for both the owner and the sitter.
16. Governing law
In this section, the parties can choose the state laws that will be used to interpret the document.
17. Severability
This section protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting choice-of-law clauses, it won't undo the entire document. Instead, only the section dealing with the choice of law would be invalidated, leaving the remainder of the agreement enforceable.
18. Headings
This section clarifies that the headings at the beginning of each section are helpful in organizing the document and shouldn’t be considered operational parts of the note.
How does a template help to draft your pet-sitting agreement?
Using a template to draft your pet-sitting agreement simplifies the process, ensuring that all essential elements are covered without starting from scratch. LegalZoom’s online pet-sitting agreement template provides a structured outline, including sections for services offered, payment terms, pet care responsibilities, emergency protocols, and liability clauses. This helps pet sitters and pet owners establish clear expectations, reducing misunderstandings and ambiguities.
LegalZoom also offers an array of business agreement templates for your personal and commercial use cases.
Frequently asked questions
What's a pet-sitting contract?
Taking care of your pet is now safe and easy by hiring the right professional pet sitter.
Pet sitters ensure your pets are in a familiar environment with their preferred food, treats, and exercise routines. A thorough and well-written pet-sitting agreement enables both parties to understand their responsibilities to the pets and each other. It provides essential information to the pet owner and the pet sitter and ensures your pets will be well cared for.
What key details should you know while creating a pet-sitting contract?
Here's the information you'll need to have handy to complete your pet-sitting contract form:
- Pet owner’s information: Have the pet owner's contact information, emergency contacts, and the owner's preferred veterinarian
- Pet sitter’s information: Know who the pet sitter is and have their contact information handy
- Which state will govern it: Specify the state so it's clear what state laws apply to the document
- Frequency of services: Be clear about how often pets need feeding, walking, and play
What are the benefits of using a pet-sitting contract template?
Using a template for a pet-sitting agreement is advisable for several reasons. It ensures clarity and consistency in outlining the terms and conditions of pet care between pet owners and pet-sitting services.
This legal document covers specific services, such as dog walking or feeding schedules, and important information, such as emergency contact details and vet preferences.
Additionally, it addresses crucial aspects such as the age and medical needs of the pet, ensuring comprehensive care during the owner's absence.
If your pet-sitting contract is complex, make it legally sound by contacting an attorney or using templates tailored to local laws, protecting both parties involved. Utilizing a template streamlines the process, enhances professionalism, and promotes responsible pet care practices.
Free Pet Sitting Agreement Template
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