1. Relationship and Responsibilities
1.1. It is expressly understood that the Owner retains the services of the Walker as an Independent Contractor and not as an employee. The Walker shall be responsible for his/her insurance and all statutory declarations and payments with regard to income tax and VAT where applicable.
1.2. The Walker undertakes to perform the agreed-on services in an attentive, reliable and caring manner and the Owner undertakes to provide all necessary information to assist in this performance.
1.3. The Walker undertakes to notify the Owner of any occurrence pertaining to the dog which may be relevant to the care and well-being of the dog.
1.4. The Walker will supply and be equipped with waste bags and will duly remove the dog’s faeces from all public places.
1.5. The Walker reserves the right to walk other compatible dogs at the same time but undertakes to limit the number of dogs walked with one person to 2.
1.6. The Owner will provide suitable harnesses, collars and leads as approved by the Walker as well as coats or muzzles if required.
1.7. The Walker shall not be obliged to perform any other duties except those specified at the time of booking.
2. Compensation
2.1. The Walker will be paid in advance via the website.
3. Duration
3.1. This Dog Walking Contract shall come into effect at the booked time. Bookings are thirty minutes duration.
4. Cancellation or Early Termination
4.1. Either party may terminate this Dog Walking Contract a minimum of 24 (twenty four) hours prior to the first scheduled visit without incurring penalties or damages.
4.2. Cancellation by the Owner of scheduled walks with less than 24 hrs notice may be charged at the full rate or rescheduled at the discretion of the Walker.
4.3. Where the Walker as sole proprietor needs to cancel a scheduled walk due to unforeseen circumstances, he/she may appoint a substitute Walker with the written approval of the Owner and any difference in the fees charged shall be for the account of the Walker.
4.4. Should any dog become aggressive or dangerous, the Walker may terminate this dog walking contract with immediate effect.
4.5. Any wrongful or misleading information provided by the owner may constitute a breach of terms of this Dog Walking Contract and be grounds for instant termination thereof.
4.6. Termination under the circumstances described in 4.4 or 4.5 above shall not entitle the Owner to any refunds nor relief of any outstanding payments due.
5. Liability
5.1. The Walker accepts no liability for any breach of security or loss of or damage to the Owner’s dog if any other person has access to the dog during the term of this agreement.
5.3. The Walker shall not be liable for any mishap of whatsoever nature which may befall a dog or caused by a dog who has unsupervised access to the outdoors.
5.4. The Owner shall be liable for all medical expenses and damages resulting from an injury to the Walker caused by the dog as well as damage to the Walkers property.
5.5. The Walker is released from all liability related to transporting dog(s) to and from any veterinary clinic or kennel, the medical treatment of the dog(s) and the expense thereof.
6. Indemnification
The parties agree to indemnify and hold harmless each other as well as respective employees, successors and assigns from any and all claims arising from either party’s wilful or negligent conduct.
7. Emergencies
In the event of an emergency, the Walker shall contact the Owner at the numbers provided to confirm the Owner’s choice of action. If the Owner cannot be reached immediately, the Walker is authorized to:
7.1. Transport the dog(s) to the listed veterinarian;
7.2. Request on-site treatment from a veterinarian;
7.3. Transport the dog(s) to an emergency clinic if the previous two options are not feasible.
8. Security
The Walker warrants to keep safe and confidential personal information of the Owner and to return same to the Owner at the end of the contract period or immediately upon demand.
9. Relaxation of Terms
No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
10. Whole Agreement
This constitutes the sole and entire agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Any alteration to this agreement must be in writing and signed by both parties.
11. Assignment
No party may assign any of its rights or delegate or assign any of its obligations in terms of this Dog Walking Contract without the prior written consent of the other party, except where otherwise stated.
12. Binding Effect
The terms of this Contract shall be binding upon and accrue to the benefit and be enforceable by either party’s successors, legal representatives and assigns.
13. Governing Law
This Contract and Agreement shall be construed, interpreted and governed in accordance with the law and should any provision of this Contract be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.
14. General
The parties agree that any or all parts of this agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.
Paragraph headings are for convenience of reference only and are not intended to have any effect in the interpretation or determining of rights or obligations under this agreement. Where appropriate words signifying one gender shall include the other and words signifying the singular shall include the plural and vice versa.
