The Client wishes to be provided with Services by THE MUD ROOM LTD , and THE MUD ROOM LTD agrees to provide such services to the Client on the terms and conditions set out in this Agreement.
1. Services
- 1.1. The Client hereby agrees to engage THE MUD ROOM LTD to provide the Client with services including, but not limited to, pet care services (the “Services”) for all the Client’s pets owned by the Client, now or in the future.
- 1.2. The Services also include any other tasks which the Parties may agree on. THE MUD ROOM LTD hereby agrees to provide such Services to the Client.
2. Terms of Agreement
- 2.1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely or until terminated as provided in this Agreement.
- 2.2. This Agreement may be terminated at any time by mutual agreement of the Parties.
- 2.3. Except as otherwise provided in this Agreement, the obligations of THE MUD ROOM LTD will end upon the termination of this Agreement.
3. Performance
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
4. General
- 4.1. Pet Health
- 4.1.1. It is important that pets are fit and healthy. It is the Client’s obligation to notify THE MUD ROOM on arrival at THE MUD ROOM or on collection of their pet from the Client’s home or other place, if their pet has any health issues – even minor complaints. This includes, but is not restricted to, marks or warts on the body, ear problems, stomach problems, food allergies or allergies to shampoos or grooming products. The Client is required to notify a THE MUD ROOM on booking if their pet has recently undergone surgery or had any illness.
- 4.1.2. The Client’s pet should have received, and be up-to-date, on all vaccinations that are recommended by local laws and regulations, to ensure the good health of that specific animal. The Client’s pet should also have received, where appropriate, treatment for kennel cough, worming and fleas. An unvaccinated pet puts itself and others at risk and therefore cannot be accepted into THE MUD ROOM for services provided by THE MUD ROOM.
- 4.1.3. THE MUD ROOM’s first concern is for the welfare of the pet in their care and so, in the event of injury or illness, a vet may be called or THE MUD ROOM LTD may take the pet to a local vet for treatment. All costs in connection with the carrying out of the vet’s instructions shall be at the Client’s expense. Accordingly, we recommend that Client’s pets are insured under a reputable pet insurance scheme. Insurance should include third-party cover in case the pet bites a Business Name] employee, another client, a member of the public or a client or member of the public’s pet.
- 4.1.4. The Client authorises THE MUD ROOM LTD in the event of an emergency to take the Client’s pet to the nominated veterinary practice; details as provided by the Client. If this is not possible for any reason the Client authorises THE MUD ROOM LTD to take the Client’s pet to the nearest emergency veterinary practice.
- 4.1.5. The Client agrees to pay all costs in connection with the carrying out of the vet’s instructions in addition to any travel or service costs incurred in the management of the emergency or monitoring of the Client’s pet, during and after the illness or injury. Payment must be made direct to the Veterinarian concerned and to THE MUD ROOM LTD by reimbursement for expenses incurred within 7 days of the date of the incident.
- 4.1.6. Under no circumstances do THE MUD ROOM LTD accept sedated pets for any service provided by THE MUD ROOM LTD
- 4.1.7. Clients are required not to book female pets while they are ‘in season’ as they may experience discomfort at this time and their presence may cause a disturbance with male pets in THE MUD ROOM LTD’s care or male pets the pet may come into contact with in a public place.
- 4.1.8. Whilst THE MUD ROOM LTD always seek to ensure the Client’s pet receives a satisfactory service, THE MUD ROOM LTD will not be held responsible and excludes all liability for any harm suffered by any pet caused by factors outside of THE MUD ROOM LTD control, including, but not limited to, injury, illness (new illnesses and pre-existing conditions) and death, along with any indirect or consequential loss suffered by the Client.
5. Safety
- 5.1. THE MUD ROOM LTD reserve the right to refuse to provide services to any pet if that pet presents a risk of injury to itself, other pets or THE MUD ROOM LTD employees or members of the public. Any such decision will be made at the discretion of THE MUD ROOM LTD employees.
- 5.2. If the Client’s pet is ill-behaved (i.e. aggressive) and/or requires extra attention THE MUD ROOM LTD may charge an additional fee, if, for example, it requires the attention of two employees, or one employee for a longer amount of time than the scheduled service time.
- 5.3. THE MUD ROOM LTD reserves the right to, at its discretion, fit a Client’s pet with a soft muzzle for the duration of the service.
- 5.4. It is the Client’s responsibility to let us know if their pet is prone to snapping or biting, or if he/she does not like any particular part of their body to be touched. The Client is responsible for medical or other expenses incurred resulting from an injury to THE MUD ROOM LTD employee, agent or representative, a member of the public or another pet caused by The Client’s Pet.
- 5.5. The Client agrees to defend, indemnify and hold harmless THE MUD ROOM LTD, its employees, agents and representatives from all liabilities, claims and expenses incurred in relation to the Client’s Pet’s behaviour, including without limitation, property damage, personal injury or death caused by the Client’s Pet.
- 5.6. The Client’s Pet(s) should be fitted with a secure and suitable collar and lead and an identity tag detailing the Client’s contact details. All pets are walked on-lead unless the Client specifically requests their pet be off-lead. If the Client’s Pet becomes uncontrollable, is wearing an ill-fitting, worn or unsecure collar or lead, or the Client requires the pet to be exercised off-lead, the Client agrees to defend, indemnify and hold harmless THE MUD ROOM LTD, its employees, agents and representatives from all liabilities, claims and expenses incurred, including without limitation, property damage, personal injury or death caused by the Client’s Pet.
6. Grooming Services
- 6.1. Grooming may expose underlying skin or health problems. THE MUD ROOM LTD will notify the Client as soon as is reasonably possible if any lumps, bumps or skin irritations are found. If the Client’s pet has a severe skin problem then THE MUD ROOM LTD may recommend that the pet is taken to a vet. If a pet is subsequently prescribed medication/medicated shampoos THE MUD ROOM LTD require that the Client brings this to their next appointment and tell a THE MUD ROOM LTD employee, agent or representative.
- 6.2. Customers should also advise a [THE MUD ROOM LTD] employee if their pet is on any prescribed medication or medicated shampoo. Please bring any such medication along with you to the appointment.
- 6.3. Grooming may include clipping the pet’s nails. The Client accepts that the THE MUD ROOM LTD employee will do their best to limit the possibility of exposing the quick of the nail, which may or may not cause minor bleeding at the time of the clipping or afterwards, but that this is not always possible. Any bleed will be dealt with during the groom and should heal quickly, no further action is usually required. In the event the quick is exposed and there is minor bleeding, the THE MUD ROOM LTD employee will notify the Client on collection so the nail condition can be monitored at home.
- THE MUD ROOM LTD normal grooming charge does not include de-matting. There is an additional charge for de-matting of £20 per 30 minutes to de-matt a pet. THE MUD ROOM LTD may also need to see the pet for more than one grooming session to make the experience less stressful for them. De-matting may be painful for the pet and THE MUD ROOM LTD reserves the right to refuse to de-matt a pet due to the condition of the coat. An estimate of charges will be provided prior to grooming during your consultation.
- 6.5. If the pet is severely matted and, in particular, if the pet is elderly or infirm, then shaving will be the only option. Shaving pets will change their appearance and the hair will be very short and close to the skin. This may expose pre-existing skin complaints and may mean that the pet has bald patches where matts were too close to the skin. The skin can split when the matt is too close and this is only visible after shaving. THE MUD ROOM LTD will not be held liable for the resultant appearance of the pet, including any skin injuries or damage, or any discomfort suffered by the pet as a consequence of the pet being shaved. THE MUD ROOM LTD do not recommend de-matting of elderly, infirm or aggressive pets.
- 6.6. If, during the shaving process, the pet becomes distressed or exhausted, THE MUD ROOM LTD reserve the right to ask the Client to bring the pet back another day so that THE MUD ROOM LTD can finish shaving his/her coat. This decision will be made at the discretion of THE MUD ROOM LTD employees. When a session is ended early in this way, the full fee for the session will become due and payable and there will be an additional charge for the subsequent session(s) required.
- 6.7. Matted coats can be avoided by regular grooming, either at home or at THE MUD ROOM LTD. A recommended programme for maintaining your pet’s coat can be provided by a THE MUD ROOM LTD employee. We strongly recommend that you arrange regular grooming appointments to prevent the need for shaving the coat again and always book your next appointment upon collection of your pet.
- 6.8. The Client accepts that if a pet is over-excited, stressed, matted or aggressive, the final appearance after grooming may not be the same as for a relaxed or non- aggressive pet. THE MUD ROOM LTD employees will do their best to ensure that the cut and look of the coat is to the required standard but sometimes it may be difficult to use scissors or clippers for the safety of the pet.
- 6.9. THE MUD ROOM LTD does not permit Clients or Client’s representatives to be present during the groom. This is purely for the safety and benefit of the pet and the employee. Clients are not insured to be in the grooming room whilst specialist equipment is used or other pets are present.
- 6.10. Any estimates given at the time of booking or during the consultation regarding the expected price of grooming are based on an average for that breed, type or the condition of the coat. However, some pets will require extensive extra work and this will be charged for on a half-hourly basis at an additional charge of £15 per 30 minutes. Accordingly, the final payment owed on collection of the pet may exceed the initial estimate provided. Uncollected pets will be charged a sitting fee of £10 for each hour that the pet is not collected.
- 6.11. Clients are required to ensure that the pet has been to the toilet before their appointment.
- 6.12. It is the Client’s responsibility to ensure that the groomer is made fully aware of the grooming services that the pet requires, i.e. how short the coat should be, whether the paws are to be trimmed etc. If this information is not supplied by the Client, THE MUD ROOM LTD employee will use their discretion, which the Client agrees not to challenge – and groom the pet to the breed standard, or to a level that THE MUD ROOM LTD employee feels is best suited to the pet, bearing in mind their coat condition, age, previous hair style and general health.
- 6.13. If the Client’s pet will be delivered and/or collected by a member of the Client’s family, or one of their friends or colleagues, it is the Client’s responsibility to ensure this representative is fully informed in relation to the pet’s health conditions, vaccination record, the grooming services required and any other such information required by THE MUD ROOM LTD employee for the purpose of the service being provided. The Client must notify THE MUD ROOM LTD employee that their pet is to be collected by another person and, if collecting the pet, this person must be able to make full payment on behalf of the Client. Name] requires that any representative of the Client collecting the pet provide up-to-date contact details on arrival including a valid mobile number in case of emergency.
7. Emergencies
In the event of an emergency, including but not limited to, fire, natural disaster or severe weather, THE MUD ROOM LTD will take all available steps possible to care for Clients’ pets. In its sole and absolute discretion THE MUD ROOM LTD will carry out any steps it deems necessary to secure the clients’ property or pet. If the Client is not contactable these steps may include, but are not limited to, emergency repair work, instructing a locksmith or moving pets or belongings to a safe location. The Client agrees to defend, indemnify and hold harmless THE MUD ROOM LTD, its employees, agents and representatives from all liabilities, claims and expenses incurred in relation to such action. The Client agrees to reimburse THE MUD ROOM LTD within 5 days of the emergency, for expenses incurred, plus any additional amounts or expenses for attending any and all emergencies on behalf of the Client.
8. Solicitation
The Client agrees, whilst this Agreement is in effect and for a period of six months following the termination of this agreement, not to solicit in any capacity, by mail, phone, electronic communication, personal meeting, or any other means, either directly or indirectly, business from any employee, agent or representative of THE MUD ROOM LTD who provided services or whose name became known to you through or in connection with THE MUD ROOM LTD.
9. Cancellation
- 9.1. THE MUD ROOM requires 24-hours’ notice for cancellation of Grooming services. For weekly or monthly service packages and THE MUD ROOM LTD’s Membership Club bookings, THE MUD ROOM LTD requires 10 days’ notice for cancellation of these services. Cancellation without the notice period will be subject to a cancellation fee of 50% of the total cost of the scheduled service. This amount will be payable before further services can be booked. Clients arriving or dropping off pets more than 15 minutes after the scheduled start time of their pet’s service may have to book a new service, in which case the cancellation fee will apply.
- 9.2. THE MUD ROOM requires 10 days’ notice for cancellation of all Pet Sitting Overnight services and daytime Pet Sitting services over 3 consecutive days in length. Cancellation of these services will be subject to a cancellation fee of 50% of the total cost of the scheduled service. This amount will be payable before further services can be booked. If the Client cancels the Pet Sitting Service within 72-hours of the scheduled service, cancellation will be subject to a cancellation fee of 100% of the total cost of the scheduled service. Clients departing later than planned or arriving home earlier than the scheduled day or start time of their pet’s service remain liable for the full cost of the service originally booked with THE MUD ROOM.
- 9.3. If the Client does not attend their appointment or THE MUD ROOM LTD arrives at the Client’s home and their pet is not there as arranged, and the Client has not notified THE MUD ROOM LTD in advance, a ‘no show’ fee will be charged equivalent to the full charge of the service booked.
10. Payment
For the services rendered by THE MUD ROOM LTD as required by this Agreement, the Client will provide compensation (the “Payment”) to THE MUD ROOM as follows:
- 10.1. All payments must be made in full prior to the commencement of the service.
- 10.2. The Client will pay THE MUD ROOM LTD fees for Services calculated pursuant to the THE MUD ROOM LTD Services Price List, which may be modified from time-to- time by THE MUD ROOM at its sole discretion.
- 10.3. Any late payments will trigger a fee of [15%] per month interest fee on the amount still owing. The Client is responsible for any costs incurred with the collection proceedings, including legal fees, for all amounts more than 30 days overdue.
11. Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
12. Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
13. Governing Law
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of The United Kingdom, without regard to the jurisdiction in which any action or special proceeding may be instituted.
14. Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
15. Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.