Liability
Jurassic Bark will always maintain liability insurance. Proof of such insurance shall always be available for inspection by the Customer.
Jurassic Bark shall not be held liable for damage or loss of Customer's property if the Property is left unlocked by the Customer.
Jurassic Bark will provide service in a kind, reliable, and trustworthy manner. Animals are unpredictable and unavoidable or unexpected incidents may occur, especially outside of the customer home. The Customer shall be fully liable for any damages, loss, or injury caused by the pets listed in this walking contract found to be outside of the sitter's control.
Client desires to engage Jurassic Bark, LLC, its employees, members, agents and representatives to obtain the care and services provided by Jurassic Bark for Client's pet(s) , and Jurassic Bark agrees to provide Services in accordance with the terms and conditions of this Service Agreement.
In consideration of the following terms and conditions, and other good and valuable consideration hereby acknowledged by the parties hereto, Client and Jurassic Bark agree as follows:
1. Client authorizes and engages Jurassic Bark to perform the Services as set forth herein and in the pricing provided to for the time period(s) as requested by Client. During any Scheduled Period, fees for Services will be calculated pursuant to the pricing, which may be modified from time-to-time by Jurassic Bark at its sole discretion. If Client determines that any Services scheduled during the Scheduled Period are no longer required, Client must notify Jurassic Bark promptly, and in no event less than 12 hours to avoid being charged for any such Services.
2. In the event of an emergency (e.g., injured pets, severe weather, broken pipes, natural disaster, fire, etc.), Jurassic Bark is hereby authorized to take all measures deemed necessary or advisable by Jurassic Bark. Not in its sole and absolute discretion in caring for Pets and Client's property (including without limitation emergency veterinary care for Pets and emergency repair services for Client's home) and Client agrees to defend, indemnify and hold harmless Jurassic Bark, its respective employees, members, agents and affiliates from all liabilities, claims and expenses, including reasonable attorney's fees, that arise from or relate to such decisions. In the event of such an emergency, Client shall immediately reimburse Jurassic Bark for expenses incurred, plus any additional fees or expenses for attending to such an emergency. Furthermore, Client is responsible for providing keys to access their home or building. Any locksmith fees incurred as a result of providing faulty keys is the financial responsibility of the Client.
3. Payment is required up front and must include any additional fees or charges.
4. Client represents and warrants that Pets are currently vaccinated in accordance with all local and state laws and regulations. Client agrees to indemnify, defend, and hold harmless Jurassic Bark, its respective employees, members, agents and affiliates from all liabilities, claims and expenses, including reasonable attorney's fees, that arise from or relate to Pets' behaviorosmunka, including without limitation property damage, personal injury or death caused by Pets.
5. JURASSIC BARK PROVIDES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN CONSIDERATION OF THE SERVICES AND AS AN EXPRESS CONDITION THEREOF, THE CLIENT EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL CLAIMS AND LIABILITIES OF ANY KIND AGAINST JURASSIC BARK ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT, EXCEPT THOSE ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF JURASSIC BARK. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL JURASSIC BARK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF JURASSIC BARK HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; IN NO EVENT SHALL JURASSIC BARKS TOTAL AND AGGREGATE LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY CLIENT TO JURASSIC BARK NOT HEREUNDER.
6.Either party may terminate this Agreement at any time for any reason or no reason by providing the other party with notice of such termination. This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions between the parties, whether oral or written. The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the substantive law of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. If any provision of this Agreement or the application of any such provision shall be held to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permissible.
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