The Wag Factor Service Agreement
1. Overview. Client identified below, enters into the agreement with The Wag Factor LLC, its agents, affiliates, contractors, representatives, assistants and/or associates, herein referred to as The Wag Factor. The contents of the agreement apply to the initial period of time during which services will be rendered, hereinafter referred to as “Service Period,” as well as to any subsequent Service Period’s in the future. Details of the services to be provided are expressed separately – in writing, orally or both – and may be changed from time to time upon Client’s notification and The Wag Factor’s subsequent acknowledgment and agreement. Costs of services are based upon The Wag Factor’s published rates and fees, which are available for Client’s review, and they are subject to change without notice.
2. Confirmation of Service Periods. Regardless of whether Client has reserved a Service Period with The Wag Factor, it is incumbent on Client to receive an email saying APPROVED from Time to Pet in order for the booking to be confirmed. If the client does not receive such email, then there is no booking in the system.
3. Service Request Cut off: The Wag Factor asks that you please book services no later than 7pm for the following day. This helps us to guarantee service and also not change our employee’s schedules at the last minute. Please try to book services, as soon you know you will need them. Many clients book services for the entire week, on the Sunday before.
4. Cancellations: Please cancel or change any services that you no longer need on our online portal, Time to Pet. Please give a 24 hours notice if services are no longer needed. Services cancelled same day are subject to a $10 cancellation fee. Services cancelled within 3 hours of our arriving window are subject to full charge. If The Wag Factor shows up and cannot get inside of home or if walk is no longer needed, client is subject to be charged for full service.
5. Pricing: The Wag Factor’s prices reflected are for 2 animal households. Each additional pet is subject to a $5.00 charge, per visit.
6. Keys: The Wag Factor requires 2 working key copies at the time of meet and greet, if you so choose to work with us. Please test both given keys. If The Wag Factor comes for services and keys do not work, client is subject to full charge for the visit. There is a $25 charge if The Wag Factor has to make an extra key copy, if two are not provided.
7. Payment: The Wag Factor accepts only online credit card payments through our online portal system, Time to Pet. We do not accept cash or check payments. Once clients add an approved credit card to their profile, credit cards will be charged every Sunday for services completed the week prior. Invoices are available online for client viewing.
8. Holidays: The Wag Factor is closed on major holidays. These holidays include, but are not limited to: New Years Day, Fourth of July, Thanksgiving Day, and Christmas Day.
9. Leashes: The Wag Factor requires all clients to provide us with standard leashes for all dog walks. The Wag Factor does not permit the use to retractable leashes while your pet is in our care, due to safety reasons.
10. Images: The Wag Factor will send clients an update with a picture of their pet after every visit. We reserve the right to also use these images for marketing purposes such as our website, social media, business cards, etc. The pictures will only be of the pets and no breach of security will be at risk.
11. Inclement Weather: In the event of inclement weather or natural disaster, The Wag Factor will use its best judgment in caring for your pets. You will be notified as soon as possible, if we are delayed or not able to come due to weather or road closures. Please have a backup plan in place if bad weather is being predicted.
12. Keys/Lockout. Two keys to the home will be given to The Wag Factor to keep on file at time of first consultation. If a garage code is offered to gain entry to your home, it is the client’s responsibility for any missed visits due to malfunction or power outage. If a key is NOT retained, a fee of $25.00 will be incurred for pick up and drop off of the key. In the event that The Wag Factor is required to employ a locksmith to gain entry into a client’s premises due to the malfunction of the lock, or failure of Client to provide a functioning key to The Wag Factor, it shall be the responsibility of Client to reimburse The Wag Factor for all costs incurred. The Client expressly gives The Wag Factor the authority to employ a locksmith on Client’s behalf in the event of the aforementioned circumstance(s).
13. Online Registration and Profile: The Wag Factor uses a safe and encrypted online system to store clients’ information. This is the clients’ responsibility to ensure that the system is always up to date and the walkers will be using the information provided in the system as the ultimate instruction for the home and pet care.
14. Security Systems. The Wag Factor is not liable for any charges, fines, or other damages resulting from the malfunction or unintended triggering of a security system.
15. Personal Injury. Client assumes responsibility for injuries and disabilities sustained by The Wag Factor caused by clients’ pets and/or home, including, but not limited to, bites, scratches, mauls, hazards, etc. The Wag Factor generally does not provide service for aggressive animals and has the right to not provide services if The Wag Factor feels unsafe. If client misrepresents an animal’s history of aggression, client places The Wag Factor at substantial risk and may be liable for significant punitive damages. If any of client’s pets exhibit signs or acts of aggression after client enters this agreement, client is obligated to notify The Wag Factor of the incident(s) (a) at once if a service period is pending, or (b) upon requesting future service. The Wag Factor’s decision to provide care to an animal(s) following client disclosure of unsatisfactory animal’s behavior does not indemnify client from claims resulting from such animal(s). If The Wag Factor takes pet(s) off clients premise(s), client agrees to indemnify and hold harmless The Wag Factor for any injury or damage which may be caused to others by the actions of clients pet(s), or to clients pet(s) caused by the actions of other animal(s), including, but not limited to, loose or stray dogs
16. Outdoor Animal(s). The Wag Factor is not responsible for injury, disappearance, or death of pet(s) with unaided or unassisted access to the outdoors, including dog doors. Unaided or unassisted access will include but not be limited to pet doors.
17. Loss of Animal(s). The Wag Factor strongly encourages client to maintain legible and accurate identification on pet(s), even if the pet(s) is not normally provided access to the outdoors. Clients should insure that an animal(s), which may be quick to spring from the premise upon the opening of a door or gate, is additionally restrained from the exit. (i.e. Crate, internal door, etc.) If client fails to comply with such reasonable and prudent precautions, then client agrees to indemnify and hold harmless The Wag Factor from the loss of such pet(s).
18. Urgent Animal Care. In case of an illness or injury that The Wag Factor believes to threaten clients’ pet(s) lives or quality of life, The Wag Factor will make every reasonable attempt to secure prompt treatment for clients’ pet(s). Client authorizes The Wag Factor to authorize emergency first aid and/or medical surgical treatment to clients pet(s) at a veterinary clinic of The Wag Factor’s choice during the service period, and client agrees to be solely responsible for all expenses incurred resulting from such effort, even if unsuccessful, up to limits designated in writing, or if not available, at The Wag Factor‘s discretion. Due to the nature and urgency of some pet(s) health emergency, where time is of the essence, there may not be time to consult with client and/or Client specified emergency contact(s) when The Wag Factor considers it’s safe and/or appropriate to do so.
19. Trespassers. During the Service Period there is to be no one else allowed on the Client’s property (including home and yard) without prior approval from both The Wag Factor and the Client. If anyone other than The Wag Factor enters the client’s property during the Service Period without advance acknowledgment to The Wag Factor, the Client will be responsible for all situations thereafter the trespassers entry.
20. Mandatory Arbitration: If a dispute arises between The Wag Factor and the client, any action must be attempted to be resolved by either mediation or non-binding arbitration before any legal action is commenced. If either party institutes mediation or arbitration it is agreed that the rules of the American Arbitration Association will govern the proceedings. The parties agree to split mediation and arbitration costs.
21. Attorneys’ Fees: If client commences a legal proceeding to enforce or obtain a declaration of rights under this agreement, and The Wag Factor becomes the prevailing party in such proceeding, then The Wag Factor shall be entitled to recover its reasonable attorney’s fees and costs incurred in the proceeding from the non prevailing Client, as well as any reasonable attorney’s fees and costs that The Wag Factor incurred prior to commencing the proceeding.
22. Severance and Choice of law: If a court of competent jurisdiction deems any term or terms of this agreement invalid or illegal, that term shall not affect the validity of the remaining provisions of this agreement. The laws of the State of South Carolina shall govern this Agreement.