Service Agreement - download
Please download and return to Soma’s Pet Services, Inc. for any services
Terms and Conditions
This agreement shall serve as an agreement between Soma’s Pet Services, Inc. (hereinafter “the Company”) and the end-user/customer. The end-user/customer (hereinafter “client”) is the individual or entity who retains the company’s services and enters into a contractual relationship with the company. The company is in the business of providing pet sitting, dog walking, boarding, home pet care visits, and other applicable pet care services (hereinafter “services”).
1. Pricing & Payment:
1.1 The company agrees to provide pet sitting, dog walking, boarding, home pet care services, and other applicable pet care services in a reliable, caring, and trustworthy manner.
1.2 Pricing for the company’s services shall be in accordance with the posted prices listed on the company’s main website www.somaspetservices.com as of the date such services are retained.
1.3 The company reserves the right to alter, raise, decrease, or otherwise amend prices as it sees fit in its business judgment, with appropriate notice to the client.
1.4 Clients are under no obligation to agree to amended price schedules, however, continued use of the company’s services shall serve as an explicit agreement to any such amendments or alterations.
1.5 The company accepts cash, credit or debit cards, checks, or electronic transfers via services such as Zelle, Venmo, Cash App, Paypal, and others.
1.6 Payments made via credit or debit card, PayPal, or other services may incur a processing fee as provided by the payment processing provider. In the event such fees are assessed on the company, the company shall reserve the right to add a surcharge for such processing in addition to the listed prices for services, payable by the client.
1.7 Payments made by check shall incur a $35 charge for any bounced checks, insufficient funds, or returned check fees charged to the company. The company reserves the right to refuse payment via check for any future services in the event a check is returned for any reason.
1.8 Upon being retained by the client, the company shall issue an invoice to the client for services to be rendered, payment of which is due upon receipt.
2. Scheduling, Refunds & Cancellations:
2.1 Clients seeking to retain the company’s services shall contact the company to request a meet-and-greet and schedule the time, date, and frequency of whichever services they are seeking to retain.
2.2 Services shall be confirmed by both the client and the company before such services are rendered.
2.3 Services shall be pre-paid by the client in all instances, and services shall not be rendered by the company without payment in full, with the exception of overnight boarding, which shall require a minimum deposit of at least 50% in advance.
2.4 No refunds shall be provided for services already rendered.
2.5 Refunds for cancellations shall be provided in accordance with the cancellation policy herein.
2.6 Clients seeking to cancel services on a particular day or days shall provide the company with notice of their need to cancel by email, text message, or phone call to the number(s) or email(s) provided by the company and listed on the company website.
2.7 Cancellations will be accepted under the following terms:
a. Notice greater than 48 hours – 100% refund.
b. Notice between 48 hours and 24 hours – 75% refund.
c. Notice less than 24 hours – 50% refund.
2.8 The company reserves to right to cancel services at its sole discretion. In such instances the company may provide the client with a suitable substitute pet care provider at the same rate in instances where such cancellation is reasonably foreseeable. If such substitute provider is not acceptable to the client, the company shall provide the client with the choice of a full refund or credit for future services.
2.9 In the event the company must cancel due to unforeseen circumstances such as medical emergencies, illness, natural disasters, inclement weather, transportation issues, riot, war, civil emergencies, or other such force majeure, the company will provide the client with the choice of a full refund or credit for future services
3. Delegation of Responsibility & Liability:
3.1 Upon retaining the company’s services, the client hereby authorizes the company to act, using its reasonable judgment, in the pet’s best interest. This includes, but is not limited to, decisions regarding appropriate care in instances of inclement weather, injury to the pet, or veterinary emergency.
3.2 The client agrees to waive and releases the company from any and all claims against the company, its owners, agents, representatives, or employees except those arising from gross negligence or the willful misconduct of the company.
3.3 Client agrees to notify the company of any concerns which may give rise to such claims within 24 hours of completion of services.
3.4 The company shall exercise all precautions against sickness, injury, escape, loss, accidents, or death of Client’s pet(s); however, the company is not responsible for sickness, injury, escape, loss, accidents, or death of Client’s pet(s) unless proximately caused by the gross negligence or willful misconduct of the company.
3.5 This agreement gives the company and its representatives authorization to enter the Client’s listed address as needed to perform agreed upon services. In the event that the company is to receive its own key to enter the client’s home, the company shall abide by the Key Handling Release, which shall be reviewed and executed separately.
3.6 The company makes no guarantee about the specific pet care provider assigned on any given day, and under no circumstance is the client eligible for a refund due to the identity of the specific pet care provider assigned.
3.7 Client agrees to properly secure the home and valuables prior to leaving the premises. The company will, to the best of its ability, re-secure the home at the end of each visit.
3.8 The company is not responsible for loss or damage to the client’s property that may occur as the result of burglary or crime with the exception of gross negligence or willful misconduct of the company.
3.9 Client represents and warrants that the pet(s) are currently vaccinated in accordance with all local, state, and federal laws and/or regulations.
3.10 Client accepts, and the company expressly disclaims, financial responsibility for all medical expenses and other damages resulting from an injury to the pet care provider, other persons, or other animal(s) caused by the Client’s pet(s) or negligent act(s).
3.11 Additionally, Client agrees to indemnify, hold harmless, and defend the company against any claim for injury or damages arising from any incident involving client’s pet(s) or client’s negligent act.
3.12 The company reserves the right to terminate this contract at any time if the pet care provider, in their sole discretion, determines that the Client’s pet(s) poses a danger to the health or safety of itself, other pets, people, or the pet care provider. If concerns prohibit the pet care provider from caring for the pet, the company will attempt to contact the Client to arrange alternative care. If the Client cannot be contacted, the Client authorizes the company to place the pet in a licensed kennel with all charges and fees arising to be the responsibility of the Client.
3.13 Client is responsible for supplying the necessary equipment and supplies needed for the care of their pet(s) including, but not limited to, a sturdy, well-fit harness or collar, leash, pet food, medications, identification tags, litter boxes, cat litter, and cleaning supplies. Client authorizes the purchase of necessary supplies for the satisfactory performance of duties if none is provided. The company will inform the client of such purchases, provide proof of purchase, and provide the client with an invoice of said expenses. Costs of all purchases and related service fees will be reimbursed to the company upon receipt of invoice.
3.14 In the event emergency veterinary care is needed for the client’s pet(s), the company shall be authorized to obtain such care as set forth in the Veterinary Release, to be reviewed and executed separately.
4. Miscellaneous
4.1 The company reserves the right to refuse service to any client, at any time, for any reason.
4.2 The company reserves the right to refuse service to any pet specified by the State of New York as a species or breed that is unlawful to keep as a domestic pet, including but not limited to raccoons, exotic animals, wolf-dog hybrids, etc. A full list of prohibited animals can be found in NYC Health Code §161 or online at https://www1.nyc.gov/assets/doh/downloads/pdf/about/healthcode/health-code-article161.pdf
4.3 In the event of inclement weather, transportation issues, or such other force majeure as set forth in Section 2.9 above, the company will make all reasonable efforts to maintain service during these conditions but reserves the right to adjust the schedule of service based on the sole discretion of the pet care provider.
4.4 Adjustments in scheduling will be discussed with, and approved by the client, whenever possible. However, the company reserves the right to cancel services in accordance with Section 2.9 above.
4.5 Client authorizes the use of pet(s) likeness for promotional purposes on the company’s website, social media, and marketing materials. The company agrees not to use the client’s personal identifying information (such as client’s name) in such marketing without the express written consent of the client.
4.6 Client authorizes this agreement to be valid approval for future services so as to permit the company to accept all future in-person, telephone, online, mail, or email reservations, and to provide services without executing additional signed contracts or written authorizations.
4.7 This agreement shall be applicable to all pets owned by the client, including any and all new pets that the client obtains on or after the date this document was executed.
4.8 Any claims arising out of this agreement, or the services rendered shall be governed by the laws of the State of New York, and shall be venued in a court of competent jurisdiction in Bronx County.
4.9 If any portion of this agreement shall be declared invalid by a court of law of competent jurisdiction, it shall be severed with the remaining clauses not so invalidated remaining in full force and effect.
I have read the above terms and conditions. I know, understand and agree to all terms stated above. By Signing below, I am accepting this document as a contractual agreement.