Kokomo Home Buddies Client Terms and Conditions Agreement

​

This document is an agreement between Kokomo Home Buddies and Client. Kokomo Home Buddies and/or its representatives (Independent Contractor(s) or employee(s)) will be hereinafter referred to as the “Pet Sitter”. The Pet Sitter and Client agree to the following terms and conditions.

​

Pet Sitter is authorized to perform care and services as outlined in this agreement. The terms of this agreement shall apply to any and all pets owned by Client, including any and all new pets that the Client obtains on or after the date this document is executed.

​

1. Services

Pet Sitter shall provide the following services (“Services”) for the client (“Client”) in accordance with the terms and conditions of this agreement. Services may include but are not limited to: day care, overnight boarding, bathing, grooming, transporting, crating, feeding, watering, walking, playing/exercising, administering medications/treatments, and providing messages and/or photo updates. These services may be provided either at Kokomo Home Buddies location(s) or Client’s home.

​

  2.  Prices and Payments

Client understands that the pet(s) shall not leave care until all fees and charges are satisfied in full. Payments may be made before or at the time of pet(s)’s pick-up.

​

Rates. Prices and fees are subject to change. Clients should confirm the rates for requested services at the time of booking. Pet Sitter will honor the rate given when the booking was made.

​

Acceptable Currency and Forms of Payment. Payments must be made in United States Dollars. Acceptable forms of payment are cash, personal check, VENMO, PayPal, or Square-compatible debit or credit card transaction to kokomohomebuddies@gmail.com, or otherwise stipulated by Pet Sitter. Additional service fees may apply.

​

Fees and Special Charges. Pet Sitter reserves the right to charge a deposit in advance of providing booked services and refuse services to Client if the deposit is not made on time. Client confirms agreement that if the Client cancels their booking for whatever reason within three days of their booking, their deposit is non–refundable. Pet Sitter confirms agreement that if the Pet Sitter cancels Client’s booking prior to or during the service period identified in the booking without providing other pet care arrangements, Pet Sitter will refund the fees paid by the Client for services not provided. If Client collects the pet(s) before the confirmed end date of the booking, they will not receive a refund.

Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Pet Sitter and/or Client that make it impossible or impractical to perform agreed bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster.

 

  3.  Responsibilities and Liabilities

Pet Sitter agrees to provide the services stated in this agreement in a reliable, caring, and trustworthy manner. In consideration of these services and as an express condition thereof, Client expressly waives and relinquishes any and all claims against Pet Sitter, except for those arising from the negligence of Pet Sitter.

​

Client is responsible for making sure that all of Client’s pets have received all current vaccinations, tags and/or microchips required by the State of Indiana and the City of Kokomo or the pet's area of residence. Client represents that the pet has not been exposed to rabies or distemper within 30 days prior to receiving Pet Sitter’s services and is free of all internal and external parasites.

​

Client will be held solely responsible for any and all acts or behavior including aggression that takes place during services. In the event Pet Sitter or a third-party (another pet or person) is bitten or injured by Client’s pet(s), Client agrees to pay all medical expenses, costs and lost wages incurred by Pet Sitter or third-party due to such injury. Client agrees to indemnify, hold harmless, and defend Pet Sitter in the event of a claim by any person injured by Client’s pet.

​

With the interaction of pet(s), there is always a chance of injury and the possibility of infectious disease being passed between animals. The Client assumes all risk of injury or illness to the Client’s pet(s) during or after the boarding and/or pet sitting care of Client’s pet(s) by Pet Sitter.

​

Pet Sitter shall not be responsible for any damage to property owned by Client or third-parties unless such damage is caused by a negligent act of Pet Sitter. This includes, but in no way is limited to, water leaks or matters involving electrical systems.

If pets have full access to a yard, it is not always guaranteed to be 100% secure. Pet Sitter does not accept responsibility or liability for any customer’s pets that escape, are injured or become lost, fatal or otherwise, when pets are left out or given access to a fenced in area. This includes electronic, wood, metal, or any other fence type.

​

Pet Sitter cannot be held liable for any damages to property or pets if client allows any other person, whether it’s a neighbor, friend, family member or other person to enter the home during the time the Pet Sitter is sitting for the Client’s pet(s). If Client does allow access to someone other than the Pet Sitter during the duration of the Pet Sitter’s job, Client must notify the Pet Sitter.

Pet Sitter will not be liable for any loss or damage in the event Client’s home is burglarized. Client specifically agrees that he or she will secure the home prior to leaving and will provide Pet Sitter with written instructions on how to properly secure the home.

 

It is the sole responsibility of the Client to make sure that their home and yard are “pet-proof”. Pet Sitter will not be responsible for any furniture damage or other damage caused to the home by pet unless due to negligence of Pet Sitter. Pet Sitter is not liable for pets that are left outside or may escape from client’s property when Pet Sitter is not in attendance – for example, Clients who use doggie doors or pets who live and stay outside at all times. Pet Sitter shall not be liable for the injury, disappearance, death, or fines of any pet that escapes the property, unless the pet was able to escape due to the negligence of the Pet Sitter.

​

Client hereby certifies that pet being served/boarded is not a source of income to the pet owner.

​

Client specifically represents that they lawfully own pets listed in this Pet Boarding Agreement to the best of their knowledge.

All pets accepted at Client’s risk. A condition of boarding is that the dog is in good health. Pet Sitter cannot accept the responsibility for the loss or damage arising through illness or any other cause. However if the pet requires a prescribed diet, medication or injection, Pet Sitter is happy to provide this service. There are no extra charges for pets requiring medication.

 

  4.  Emergency Procedures

If a medical emergency arises, Pet Sitter will make every effort to contact Client before seeking medical treatment for the pet(s). However, if time is of the essence or Pet Sitter is unable to reach Client, Client authorizes Pet Sitter to take the pet(s) to the veterinarian on file or nearest veterinary hospital for treatment. Client agrees to reimburse Pet Sitter for all services rendered to the pet(s) up to $5,000  should such a medical emergency arise. If the pet shall in any form become ill or if the state of the animal’s health otherwise requires attention, Pet Sitter is authorized to engage the services of the veterinarian or arrange to the animal up to $5,000 at Client’s expense. Client releases Pet Sitter from any and all liabilities related to transportation, treatment, and expenses.

​

In the event of inclement weather or natural disaster, Pet Sitter will use their best judgment in caring for Client’s pet(s) and home but will not be held responsible for any damage to Client’s home or injury to Client’s pet arising from such decision.

 

  5.  Information and Communications

Pet Sitter may contact Client via phone, text, email, or other means for any purposes regarding the pet(s)’s care. This includes but is not limited to booking information, scheduling, confirmations, questions, updates on care, relevant travel information, emergencies, permissions, and payments. Pet Sitter will not release or share Client’s or provided emergency contact’s private information unless required in an emergency or with the permission of Client.

​

In the event Client deactivates a phone number, email, or other mode of communication provided to Pet Sitter, Client agrees to update their information promptly to ensure that messages are not lost or sent to another party mistakenly.

​

Pet Sitter retains ownership of and all rights to photos taken of Client’s pets during provision of services. Photos may be replicated, modified, published, and used for marketing materials such as website content, advertisements, brochures, etc.

Pet Sitter retains ownership and all rights to written reviews submitted by Client. Reviews may be replicated, modified, published, and used for marketing materials such as website content, advertisements, brochures, etc.

​

  6.  Misc. Policies

Abandoned Pets; Re-homing. Clients who arrange for services and fail to retrieve their pet(s) after the service period identified in a booking agree that Pet Sitter may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Client agrees to reimburse Pet Sitter for all costs and expenses associated with such actions. Pet Sitter will use reasonable efforts during normal business hours to contact the Client and/or the Client’s emergency contact (if provided) to arrange alternative care. Should Pet Sitter not be able to contact the Client or the emergency contact, Pet Sitter will use their best judgment to find alternative care for the pet until the Client is able to retrieve his/her pet. Client authorizes the pet’s veterinarian(s) to release the pet’s veterinary records to Pet Sitter in connection with any such relocation or re-homing of the pet.

Contact with Other Pets. Pet Sitter will uphold a policy of accommodating Client’s pets only during their booking and avoid overlapping bookings of multiple clients to the best of their ability, but due to emergencies or other circumstances may not be able to accommodate the one-client’s-pets-at-a-time policy perfectly. Pets may encounter other clients' pets during a booking or meet-and-greet. Pet Sitter will use their discretion in keeping pets separate for their health, safety, and comfort.

​

Bookings. Client understands that provisional bookings are not accepted. Pet Sitter cannot be held responsible for keeping bookings open any longer than ten days without contact.

​

Disputes. Client confirms agreement to contact Pet Sitter within 3 days after the end of their booking if Client is unhappy for any reason and/or contests service fees and/or other charges. Any complaints, claims, and/or contestations will be nullified and dismissed after the third day.

​

Arbitration. Client agrees that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and their rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.

​

Before commencing arbitration, Client will contact Pet Sitter to explain the complaint. Pet Sitter’s preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. If the issue is not resolved and results in arbitration, both Client and Pet Sitter must mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If they cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with Pet Sitter’s choice of the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of the International Center for Dispute Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration, and the ICDR Rules are available at https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.

​

The arbitration will be held in the county in which the Pet Sitter resides or at another mutually agreed location. If the value of the relief sought is $10,000 USD (or equivalent in local currency) or less, Client or Pet Sitter may elect to have the arbitration conducted by telephone or based solely on written submissions, which may be subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Indiana, including recognized principles of equity, and will honor all claims of privilege recognized by law. As limited by applicable law, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be the responsibility of the party who filed the initial complaint/claim, except where prohibited by applicable law.

​

Notwithstanding any provision in these Terms to the contrary, Client agrees that if Pet Sitter makes any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. Moreover, if Pet Sitter terminates this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the website, and will not be effective as to any claim that was filed in a legal proceeding prior to the effective date of removal.

 

  7.  Final Legalities

This agreement, and any addendums attached, constitutes the entire agreement between the parties. All terms and conditions of this agreement shall be binding on the heirs, agents and assigns of Client and Pet Sitter. Each party fully consents to the laws of the State of Indiana and prior to any legal filings will mediate in good faith to resolve disputes.