Terms of Service

Sit & Stay Mobile Pet Care Company, LLC

General Terms and Conditions for Services 

1.             Applicability.  These terms and conditions for services (these "Terms") are the only terms that govern the provision of services by Sit & Stay Mobile Pet Care Company, LLC, a South Dakota limited liability company ("S&S"), to the customer ("Customer" or “you”). By accepting an order confirmation (the "Order Confirmation") that references these Terms (collectively, this "Agreement"), you agree to these Terms. S&S hereby expressly rejects any term or condition, regardless of form, that is inconsistent with, additional to, or different from these Terms. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern.

2.             Services. S&S shall provide the services to Customer as set forth on the Order Confirmation (the "Services"). S&S shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only.

3.             Customer's Obligations and Responsibilities. Prior to and during commencement of Services, Customer shall:

(a)           cooperate with S&S in all matters relating to the Services and provide access to Customer's premises and such household accommodations and other facilities as may reasonably be requested by S&S for the purposes of performing the Services;

(b)           respond promptly to any S&S request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for S&S to perform Services in accordance with the requirements of this Agreement;

(c)           provide such Customer materials or information as S&S may reasonably request to carry out the Services in a timely manner and ensure that such Customer materials or information are complete and accurate in all material respects; and

(d)           provide S&S the following:

(i)            Emergency contact information, including contact information for preferred veterinarian;

(ii)           Authorization for S&S to seek veterinary care in the event of an emergency, if deemed necessary at S&S's sole discretion, a copy of which shall be on file with the preferred veterinarian;

(iii)          Verification that the veterinary clinic (A) is aware of S&S's authorization to seek veterinary care, and (B) has a credit card or other payment method on file for Customer in the event veterinary care is needed (to be determined in S&S’s sole discretion);

(iv)          Pet's medical history;

(v)           Summary of pet's routine, including medication administration;

(vi)          Instructions regarding medication administration, feeding instructions and frequency; and

(vii)         Any other items needed for care.

4.             Customer's Acts or Omissions. If S&S's performance of its obligations under this Agreement is prevented, delayed, or otherwise adversely affected by any act or omission of Customer, S&S shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention, delay, or impact.

5.             Change Orders.  If either party wishes to change the scope of the Services, it shall submit details of the requested change to the other party in writing. S&S shall, within a reasonable time after such request, provide a revised Order Confirmation to Customer, which shall be deemed accepted by Customer unless Customer shall object in writing within five (5) days of receipt thereof. Notwithstanding the foregoing, S&S may, from time to time, change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, the fees, or any performance dates set forth in the Order Confirmation.

6.            Cancellation Policy. Notwithstanding anything to contrary contained herein, Customer must notify S&S at least 24 hours in advance of the start of Services to receive a full refund or to avoid additional charges. In S&S's sole discretion, Customer may be subject to a $30 cancellation fee, which may be applied towards a future booking or Service.

7.             Fees and Expenses; Payment Terms.  

(a)           In consideration of the provision of the Services by S&S and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in Schedule A that apply to the Services as described in the Order Confirmation. Unless otherwise specified in the Order Confirmation, fees must be paid in advance of S&S rendering the Services.

(b)           In addition to the fees described in the Order Confirmation, Customer agrees to reimburse S&S for all reasonable travel and out-of-pocket expenses incurred by S&S in connection with the performance of the Services and not already contemplated in the Order Confirmation. If such expenses were not originally contemplated on the Order Confirmation, they will be processed upon the cessation of the Services or otherwise invoiced to Customer. In the event invoiced payments are not received by S&S within 30 days after becoming due, S&S may (i) suspend performance for all Services until payment has been made in full, and/or (ii) charge a $30 late fee for each week late.

8.            Consent to Photographing, Videotaping and/or Filming. Customer hereby consents to S&S to take photographs and videos of pet for the purposes of providing Customer with photograph updates and for advertising purposes of S&S. Customer acknowledges and agrees that these photographs and/or videos may be inside of Customer's residence.

9.             Confidential Information.  All non-public, confidential or proprietary information of S&S, including, but not limited to, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, "Confidential Information"), disclosed by S&S to Customer, whether or not marked, designated or otherwise identified as "confidential," in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of S&S. Confidential Information does not include information that is: in the public domain, known to Customer at the time of disclosure; or rightfully obtained by Customer on a non-confidential basis from a third party. S&S shall be entitled to injunctive relief for any violation of this Section.

10.          Representations and Warranties.  S&S represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement (collectively, the “Warranty”).  The Warranty is the sole and exclusive warranty made by S&S to Customer.  The Warranty replaces all other warranties, representations, and guarantees made by S&S—whether express or implied and whether by statute, at law, or in equity—including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

11.          Limitation of Liability.  IN NO EVENT SHALL S&S BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PET INJURIES OR ACCIDENTS, DAMAGE TO PROPERTY, HEALTH OR OVERALL WELL-BEING OF A PET, OR A PET ESCAPING OR GOING MISSING, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT S&S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL S&S'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO S&S PURSUANT TO THIS AGREEMENT.

12.         Injury and Indemnification. In the event the Customer’s pet(s) dies, becomes ill, is injured or lost, Customer waives and releases S&S from any and all claims arising from such an incident except if arising out of the gross negligence or intentional misconduct on the part of S&S. If the Customer’s pet(s) bites or injures S&S’s representatives, any other human, or another animal, Customer will be responsible for any and all costs, expenses, losses, liabilities, and claims arising from such act and will protect, defend, hold harmless, and indemnify S&S against any and all costs, expenses, losses, liabilities, and claims arising out of or relating to any acts of the pet(s).

13.          Waiver. No waiver by S&S of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by S&S. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

14.         Binding Effect.  This Agreement and these Terms shall be binding upon the Customer and its respective successors, heirs, insurers, subrogees, agents, and representatives.

15.          Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of S&S. Any purported assignment or delegation in violation of this Section is null and void.

16.          Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

17.          Governing Law; Jurisdiction. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of South Dakota. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of South Dakota, in each case located in the City of Dakota Dunes and County of Union, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

18.         Arbitration.  Customer agrees that any dispute arising out of or relating to this Agreement shall be governed exclusively and finally by and through arbitration. Such arbitration shall be conducted by the American Arbitration Association (“AAA”) or any other neutral third-party or neutral entity agreed to by S&S and Customer.  Such arbitration shall take place in Omaha, Nebraska.  Any arbitrator chosen by the parties shall apply South Dakota law, and the arbitration shall be governed by the Federal Rules of Civil Procedure, including its rules for discovery, which are in effect on the date that the arbitration claim is filed.  The arbitration shall be conducted by a single arbitrator (the “Arbitrator”) to be mutually selected by, and agreeable to, the parties.  In all cases, the Arbitrator shall be independent and without any economic or financial interest of any kind in the outcome of the arbitration.  Any award by the Arbitrator shall be accompanied by a written opinion setting forth the findings of fact and conclusions of law relied upon in reaching the decision.  The award rendered by the Arbitrator shall be final, binding, and non-appealable, and judgment upon such award may be entered by any court of competent jurisdiction.  Each party shall pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs incurred in connection with prosecuting or defending its case before the AAA and/or the Arbitrator.  The remaining costs of the arbitration, including, but not limited to, fees of the Arbitrator, costs of records or transcripts, and administrative fees, shall be borne equally by the parties.  Notwithstanding the foregoing, the Arbitrator may modify the allocation of such costs and fees in those cases where fairness dictates a different allocation of costs between the parties and an award of attorneys’ fees to the prevailing party as determined by the Arbitrator. The Arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages.  No party to this Agreement shall challenge the jurisdiction or venue provisions as provided in this Agreement.  Nothing contained herein shall prevent either party from obtaining an injunction in any federal or state court pursuant to South Dakota law.  The arbitration proceeding and award shall be maintained by the Parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award or for disclosure in confidence to the parties’ respective attorneys and/or tax advisors.

19.          Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

20.          Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.

21.          Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.