Services Agreement

This services agreement is a contract by and between Fitness Dogs and you. Please ensure that you read and understand this document in its entirety as it affects your legal rights and obligations.

BACKGROUND

  1. Fitness Dogs is in the business of selling, inter alia, services related to dogs. B. You wish to purchase services from Fitness Dogs.
  2. Fitness Dogs agrees to provide and you agree to accept their services on the terms and conditions set out in this Agreement.

OPERATIVE PROVISIONS

  1. Definitions

When interpreting this agreement, the following definitions shall apply: Agreement means this services agreement; Collection Proceedings means any claim or proceedings to recover unpaid fees owed to Fitness Dogs or third-parties in any competent Tribunal or Court of Australia; Commencement Date means the earlier of: (a) When you first entered into an agreement with and were provided services by Fitness Dogs; or (b) The date of this Agreement; Dog means the Owner’s dog or dogs; Fee means the costs specified in Schedule A of this Agreement; Fitness Dogs means the entity, employees or agents of, or an individual duly authorised by Gustavo Alberto Rodriguez Montagut (ABN: 68 606 866 494) trading as Fitness Dogs Au; Owner means you and any other owners of the dog or dogs; Relevant Law means any statute, ordinance, code or other law including regulations under them and any code of practice, membership rules or standards issued by relevant regulatory or industry bodies with the force of law, applicable to this Agreement, the Services, or any obligation to be performed under this Agreement; Services means the services specified in Schedule A of this Agreement; Term means from the Commencement Date to one year after the date of this Agreement.

  1. Interpretation

The following provisions shall apply in the interpretation of this Agreement, unless the context requires otherwise: (a) A reference to a party or a person includes that party’s or person’s representatives, successors, substitutes, agents, and assigns; (b) An agreement on the part of, or in favour of, two or more persons binds or is for the benefit of them both jointly and severally; (c) Includes (or variations thereof) means includes but without limitation; and (d) Where a word or expression has a defined meaning, its other grammatical forms have a corresponding meaning.

  1. Supply of Services to the Owner

In supplying services to the Owner: (a) Fitness Dogs will provide and the Owner will acquire the Services in accordance with this Agreement, as requested by the Owner from time to time and accepted by Fitness Dogs throughout the Term at agreed upon times; (b) A request for Services by the Owner and acceptance by Fitness Dogs can be made via any form of communication; (c) The Owner authorises Fitness Dogs to accept directions made by the Owner in possession of the d, or having the care and control of the dog, on their behalf, or by any individual reasonably held out to be authorised via any form of communication without need for further agreement; (d) At any time prior to acceptance Fitness Dogs may at its discretion reject a request for Services; and (e) This Agreement shall apply to all Services provided by Fitness Dogs to the Owner except as varied by written agreement by the Parties during the Term.

  1. Cancellation

(a) The Owner may cancel an accepted request for Services with one days’ notice without penalty, otherwise a fee of 35% will apply which the parties expressly agree is a reasonable amount; (b) Fitness Dogs may cancel an accepted request for Services with one days’ notice without penalty. If otherwise, Fitness Dogs will at their absolute discretion issue a credit or arrange an alternative time suitable to the Owner; and (c) If Fitness Dogs attends an accepted request and is unable to provide Services due to the Owner’s act or omission howsoever caused, the Owner will remain liable for the full cost of the Services.

  1. Automatic Renewal

Unless either party provides fourteen days written notice of intention to terminate, this Agreement will automatically renew at the end of the Term for a further year (including any subsequent year). Any termination of this Agreement shall be without prejudice to the rights of either party against the other which may have accrued up to the date of such termination.

  1. Responsibilities of the Owner

The Owner must: (a) Faithfully and accurately provide any information required under Fitness Dogs trading policy, this Agreement, or Relevant Laws, including vaccination history, and medical and behavioural conditions and concerns; (b) Have their Dog attend a behavioural assessment if deemed necessary by Fitness Dogs; (c) Notify Fitness Dogs if:

  1. They employ, hire, or pay a past or current employee of Fitness Dogs to perform Services or services similar to Fitness Dogs; and
  2. Their Dog ceases to fulfil the requirements under clause 6(i); (d) Authorise Fitness Dogs, at its discretion, to:
  3. Use images and the name of their Dog for marketing and promotional purposes;
  4. Seek veterinary treatment when deemed necessary from any licensed veterinary clinic;
  5. Determine the cost of services at their discretion dependent on the size and behaviour of the

Owner’s Dog;

  1. Provide reasonable additional services without prior notice to the Owner in the event of unforeseen circumstances including unruly behaviour by their dog and medical emergencies; and
  2. Assume possession of the Owner’s Dog if abandoned at Fitness Dogs after being given fourteen days’ written notice, at which point Fitness Dogs may transfer or dispose of the Dog;

(e) Acknowledge that animals are unpredictable by nature, and may cause harm or damage to themselves, other animals, property, or individuals, including personal injury, death, transmission of disease, and permanent disability. Accordingly, the Owner assumes liability for and indemnifies Fitness Dogs against any actual or claim for loss or damage (including reasonable legal expenses) howsoever caused while their Dog is in the care of Fitness Dogs with respect to:

  1. The property of the Owner, Fitness Dogs, or third-parties; and
  1. Personal injury, death, or damage to any other property arising out of or as a consequence of the Owner’s property;

(f) Pay the costs and fees required of and within the timeframe stipulated by Fitness Dogs, including bookings, requested Services carried out, damage caused by or to the Owner’s property, and outstanding fees to third-parties including but not limited to veterinarian fees. If the Owner fails to make payment by the date or time stipulated by Fitness Dogs, Fitness Dogs may:

  1. Charge the Owner interest at a rate of 27% on any outstanding amounts if those amounts remain unpaid for more than twenty-eight days from the stipulated time; and
  2. Subject the Owner’s property to a lien until full payment is made; and

(g) If Collection Proceedings become necessary, the Owner indemnifies Fitness Dogs for all reasonable legal expenses incurred; The Owner warrants that: (h) They are duly authorised to enter into this Agreement with respect to third party interests in the Owner’s Dog; and (i) Their Dog:

  1. Is not subject to any lien or encumbrance;
  2. Is in good health and has been fully vaccinated in accordance with Fitness Dogs policy;
  3. Is free of fleas, ticks, and other parasites;
  4. Is not aggressive or protective towards other people, animals, or toys;
  5. Is spayed or neutered if older than eight months;
  6. Has not been exposed to any disease, including distemper, canine cough, or canine-influenza within thirty days prior to an accepted request for Services; and
  7. Meets the requirement of all Relevant Laws.
  1. Responsibilities of Fitness Dogs

Fitness Dogs must: (a) Take all reasonable measures and precautions to protect the property of the Owner while in its care; (b) Immediately notify or attempt to notify the Owner of any incidents involving the Owner’s Dog, including when seeking veterinary treatment; Fitness Dogs warrants that: (c) The Services will be of acceptable quality, fit for purpose, rendered with due care and skill in a professional manner and in accordance and compliant with all Relevant Laws; (d) It has and will maintain all necessary licences, approvals, permits and consents to enter into this Agreement and perform its obligations thereunder; and (e) It has and will maintain all insurance policies represented to the Owner when engaging its services.

  1. Exclusions

(a) Fitness Dogs will not be liable for any loss or damage, whether arising in tort or otherwise, sustained by the Owner or any other person which may be sustained in connection with this Agreement or the subject matter of this Agreement. Such loss or damage may include loss or damage caused by the negligence or wilful act or default of Fitness Dogs or others, whether consequential or otherwise and whether or not such loss or damage is reasonably foreseeable. This Agreement contains all the warranties and conditions given by Fitness Dogs in connection with the subject matter of this Agreement and to the extent that Fitness Dogs may exclude any warranties or conditions which might otherwise be implied by any competent legislation then Fitness Dogs excludes from application all such implied warranties and conditions; (b) In the event that Fitness Dogs is held liable for any loss or damage, whether arising in tort or otherwise, sustained by the Owner or any other person which may be sustained in connection with this Agreement or the subject matter of this Agreement, such liability will not exceed the lesser of the current chattel value of the Owner’s property or $2,500AUD; and (c) This Agreement does not exclude any express and implied warranties, conditions, and guarantees arising from Relevant Law.

  1. Disputes

(a) If a dispute, controversy or claim arises between the parties about any fact, matter or thing in connection with this Agreement, the dispute, controversy or claim must be determined in accordance with this clause; (b) Where a dispute, controversy or claim arises, either party may give a notice in writing to the other:

  1. Identifying the dispute, controversy or claim;
  2. Including sufficient particularity to enable the other party to consider the matter; and
  3. Identifying the position which the party believes is correct, or the outcome the party wants to occur;

(c) Within fourteen days of the notice referred to in paragraph (b) being given, the parties must:

  1. Meet at least once and undertake genuine and good faith negotiations about resolving the dispute, controversy or claim; and
  2. If they cannot resolve the dispute, controversy or claim, engage in genuine and good faith negotiations about agreeing to a procedure to resolve the dispute, controversy or claim;

(d) If the parties cannot resolve, or agree on a procedure to resolve, the dispute, controversy or claim within 14 days of the notice referred to in paragraph (b) being given, either party may, by written notice to the other, refer the dispute to mediation, in accordance with paragraphs (e)–(h) below; (e) Each party must attend and participate in the mediation in good faith; (f) Each party must bear their owns costs with regard to the mediation; (g) Each party must be represented at the mediation by a person with authority to resolve the dispute; (h) The mediator is to be agreed by the parties. (i) Subject to the parties’ agreement, the mediation:

  1. Is to occur in Sydney, New South Wales;
  2. Is to occur within seven days of the notice referred to in paragraph (d) being given;
  3. Is to take place in English; and
  4. Is to be in accordance with the rules of the mediator’s institution, except to the extent they are inconsistent with this contract;

(j) If the mediation referred to in paragraphs (e)–(h) above does not occur within the period referred to in paragraph (h)(ii), or if the dispute is not resolved at the mediation, either party may commence proceedings in a Court or Tribunal with jurisdiction to hear the matter; (k) Nothing in this clause prevents a party from commencing proceedings seeking urgent relief from a competent Court or Tribunal, if, in that party’s reasonable opinion, it is necessary to protect their rights; (l) This clause survives termination of this agreement; (m)Despite the existence of a dispute, controversy or claim, the parties must continue to comply with their obligations under the contract.

  1. Entire Agreement

This Agreement contains the entire understanding between the parties as to the subject matter of the Agreement. All previous negotiation, understandings, representations, warranties, memoranda or commitments concerning the subject matter of this Agreement are merged in and superseded by this Agreement and are of no effect. No oral explanation or information provided to either party by the other party or another: (a) Affects the meaning or interpretation of this Agreement; or (b) Constitutes any collateral agreement warranty, or understanding between the parties.

  1. 1 Severability

(a) The parties agree that a construction of this Agreement that results in all provisions being enforceable is to be preferred over a construction that does not so results; (b) If, despite the application of 11(a), a provision of this Agreement is illegal or unenforceable:

  1. If the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and
  2. In any other case, the whole provision is severed, and the remainder of this Agreement continues in force.

Schedule A

Service:Description:Fee:Additional Notes:
DogAdventure (Single)$50.00Pre-paid
DogAdventure (2 Pack)$95.00Pre-paid, Valid for 1 week)
DogAdventure (4 Pack)$180.00Pre-paid, Valid for 2 weeks
DogAdventure (10 Pack)$420.00Pre-paid, Valid for 5 weeks
Running DogsA forty-minute cardio session$45.00
Dog WalkingA fifty-minute dog walk$45.00 for private walks; and $60.00 for private walks for two dogs from the same house
Dog Day CareDrop your dog off at Day care$50.00 to $75.00
depending on the size of the dog and time
Dog Minding$45.00 to $75.00 (per
day) depending on size and behaviour of the dog)
Feed & Daily VisitStarts at $45.00
Dog Grooming$45.00 to $150.00
depending on the size and hair condition of the dog

All of the above services must be pre-booked, and are inclusive of Goods and Services Tax (GST).

  1. Jurisdiction

This Agreement is governed by and construed in accordance with the laws of New South Wales and each of the parties submits to the non-exclusive jurisdiction of the Courts exercising jurisdiction there. Executed for and on behalf of the Owner with authority of all interested parties:

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Signature

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Full Name

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Signature

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Full Name

Executed for and on behalf of Fitness Dogs:

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Signature

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Full Name