TERMS OF SERVICE.
The Parties agree that GIFMAF will provide the Services set forth in Section III of this Agreement from ________________, 20____ through and including ________________, 20___ (the “Term of Services”).
- The Owner must retrieve and take possession of the Dog from the GIFMAF premises at 7242 Boyette Rd. Wesley Chapel, Fl 33545 by 5:00 p.m. EST on the date upon which the Term of Services concludes (the “Pick-Up Time”). The Owner agrees to pay GIFMAF a reasonable late fee of $10.00 per hour or portion thereof after the Pick-Up Time in which the Owner fails to retrieve and take possession of the Dog from GIFMAF. For example if, on the date of conclusion of the Term of Services, the Owner arrives to retrieve and take possession of the Dog at 5:01 p.m. EST, the Owner shall be obligated to pay GIFMAF a late fee of $10.000. If, on the date of conclusion of the Terms of Services, the Owner arrives to retrieve and take possession of the Dog at 6:01 p.m. EST, the Owner shall be obligated to pay GIFMAF a late fee of $20.00.
- The Owner may unilaterally elect to shorten the Term of Services after commencement, provided that the Owner notifies GIFMAF at lease twelve (12) hours in advance. Notwithstanding the foregoing, however, the Owner shall not be entitled to any refunds of the Service Price regardless of whether the Owner elects to shorten the Term of Services for any reason. In the event that the Owner elects to shorten the Term of Services, the Owner acknowledges and agrees that GIFMAF shall not be obligated to provide any of the Services set forth in Section III of this Agreement after the conclusion of the Term of Services.
V. TERMS OF PAYMENT
- Service Price.
The Owner agrees to pay the following Service Price to GIFMAF: $____________ - Time of Payment.
The Owner agrees to pay the entire balance of the Service Price on or before the date of the commencement of the Term of Services. - Method of Payment.
The Owner agrees to make payment of the Service Price via cash, money order, PayPal, credit or debit cards. - Default.
In the event that payment of the balance of the Service Price is not made by the Owner within the time period set forth in Section V(b) of this Agreement, Owner acknowledges that Owner’s Account with GIFMAF will require additional administrative services and will result in additional attendant expense and cost to GIFMAF. As a result, Owner agrees that GIFMAF may charge an additional daily administrative fee equal to ten percent (10%) of the amount overdue and unpaid balance until the same is paid in full by Owner to GIFMAF. Additionally, in any case where Owner is in default of this Agreement due to non-payment or otherwise, GIFMAF reserves the right upon notice to Owner to refuse to provide the Services to Owner and to the Owner’s Dog(s), unilaterally terminate this Agreement and, in addition to any other legal or equitable remedies, retain any and all monies previously paid by Owner to GIFMAF. - No Refunds.
The Owner acknowledges, understands and agrees that , upon being retained by Owner, GIFMAF will incur material up-front costs and expenses in preparation for provision of the Services outlined in Section III of this Agreement and that GIFMAF will expend time, labor and resources in provision of the Services set forth in Section III of this Agreement for the entirety of the Term of Services and, thus, the Owner shall not be entitled to any refunds of the Service Price, regardless of whether the Owner elects to shorten the Term of Services pursuant to Section IV of this Agreement or otherwise.
VI. REPRESENTATIONS, WARRANTIES AND COVENANTS OF OWNER.
The Owner hereby represents, warrants and covenants to GIFMAF as follows:
- The Owner acknowledges, agrees and understands that the entire Service Price must be paid on or before the commencement of the Term of Services. If the Owner fails to pay the entire Service Price on or before the commencement of the Term of Services, GIFMAF reserves the right, in GIFMAF’s sole discretion, to refuse to provide any or all of the Services outlined in Section III to Owner and to Owner’s Dog(s), retain any and all amounts paid by Owner to GIFMAF and to pursue any additional legal or equitable rights and remedies which GIFMAF may possess in this regard.
- The Owner acknowledges, agrees and understands that GIFMAF may photograph and/or videotape the Dog(s) for use in print, publication, promotion and advertisement of GIFMAF and the Services rendered by GIFMAF. The Owner further acknowledges, agrees and understands that such photographs and/or videotapes shall be and remain the sole and exclusive property of GIFMAF and that the Owner shall not be entitled to any compensation related to the same.
- The Owner acknowledges, agrees and understands that the Dog(s) is/are in good health, is/are free from fleas, ticks, heartworms, and all other parasites, and has/have received all required vaccinations, including but not limited to, canine distemper, parvo virus, hepatitis, parainfluenza, Bordetella and rabies.
- The Owner acknowledges, agrees and understands that the Owner is under a continuing obligation to report to GIFMAF any signs of illness, infection or irregularities related to the Dog(s).
- The Owner acknowledges, agrees and understands that the Dog(s) may be placed in a kennel for periods of time during the day and/or night to allow for rest and downtime.
- The Owner acknowledges, agrees and understands that GIFMAF strives to maintain a safe and sanitary environment but that infections, diseases, virus (including but not limited to kennel cough) and parasites may, nonetheless, be transmitted between and among animals. Owner hereby agrees to indemnify and hold harmless GIFMAF of and from any and all liabilities, costs, expenses or damages, including court costs and attorneys’ fees, relating to any such transmissions.
- The Owner acknowledges, agrees and understands that animals, even in the most controlled and well-supervised environments may, nonetheless, engage in inappropriate or aggressive behavior including but not limited to rough playing, nipping, aggression, and dog bites or any incident that can lead to injury or death. The Owner further acknowledges, agrees and understands that, although GIFMAF and its staff closely monitor the socialization and play of the dogs to prevent any injuries, it is possible that the Owner’s Dog(s) may, nonetheless, inflict or sustain injuries or death due to no fault of GIFMAF or its staff. The Owner agrees to indemnify and hold harmless GIFMAF of and from any and all liabilities, costs, expenses or damages, including but not limited to court costs, accountants’ fees and attorneys’ fees relating to any such injuries or death whether caused by the negligence of GIFMAF or its staff or otherwise.
- Owner acknowledges, agrees and understands that despite the efforts of GIFMAF to house Owner’s Dog(s) safely and securely while on the premises of GIFMAF, it is possible that the Owner’s Dog(s) may escape from the GIFMAF facilities and premises due to no fault of GIFMAF or the GIFMAF staff. The Owner agrees to indemnify and hold harmless GIFMAF of and from any and all liabilities, costs, expenses or damages, including but not limited to court costs, accountants’ fees and attorneys’ fees relating to any such escape by Owner’s Dog(s) whether caused by the negligence of GIFMAF or its staff or otherwise.
- If, during the Term of Services, GIFMAF determines, in its sole discretion, that the Dog(s) requires/require emergency medical treatment, the Owner acknowledges, agrees and understands that GIFMAF may transport the Dog(s) to a veterinary facility for treatment and will immediately attempt to contact the Owner using the contact information provided in Section I of this Agreement. In the event that such emergency medical treatment is required and the Dog(s) is/are transported to a veterinary facility for treatment, the Owner acknowledges, agrees and understands that the Owner shall solely be responsible for and shall fully assume any and all financial responsibility for such veterinary treatment.
- The Owner has retained GIFMAF as training professionals to determine in GIFMAF’s sole discretion the tools and techniques necessary to train the Owner’s Dog(s). The Owner acknowledges, agrees and understands that the Owner will obtain the best training results by following the guidelines and instructions of GIFMAF and its staff. Owner acknowledges, agrees and understands that Owner shall, at all times, obey the rules established by GIFMAF as they may exist from time-to-time at GIFMAF’s sole discretion and acknowledges, agrees and understands that any failure by Owner to do so may result in GIFMAF terminating this Agreement and retaining any and all monies then paid by Owner to GIFMAF.
- The Owner acknowledges, agrees and understands that, although GIFMAF has successfully trained many aggressive dogs, GIFMAF makes no guarantees or promises that aggression will subside entirely after the rendering of the Services set forth in Section III of this Agreement. The Owner acknowledges, agrees and understands that, in the event that the Dog(s) exhibits/exhibit aggressive tendencies or behavior while in GIFMAF’s possession and/or during the Term of Services, GIFMAF and its staff may, in their sole discretion, use reasonable physical force to interrupt and/or stop such aggressive tendencies or behavior. The Owner further acknowledges, agrees and understands that GIFMAF shall not assume any responsibility, financial or otherwise, for any injury or harm to any person, animal or property caused by the Dog(s) either before, during or after the Term of Services and that it is solely the Owner’s responsibility to muzzle or otherwise restrain the Dog(s) so as to avoid any situation in which the aggression of the Dog(s) may cause any injury or harm to any person, animal or property. Owner further acknowledges, agrees and understands that Owner hereby indemnifies and holds harmless GIFMAF and its staff of and from any and all liabilities, costs, expenses or damages including but not limited to court costs, accountants’ fees and attorneys’ fees related to any such injury or harm that might occur, whether caused by the negligence of GIFMAF or its staff or otherwise.
VII. LIMITATION ON LIABILTY AND INDEMNIFICATION.
Pursuant to the terms of this Agreement and to the Release/Waiver of Liability and Hold Harmless Agreement executed by the Owner that is attached as Exhibit A hereto and which is incorporated by reference as though set forth at length herein, the Owner agrees to hold harmless and indemnify GIFMAF and its staff of and from any and all liability, costs, expenses or damages, including but not limited to court costs, accountants’ fees and attorneys’ fees, either to Owner or to any third party, pertaining to or arising out of this Agreement including but not limited to any of the same resulting from the actions or omissions of the Owner or the Owner’s Dog(s) before, during or after the Term of Services and whether the same result from the negligence of GIFMAF or its staff or otherwise.
VIII. CHOICE OF LAW.
This Agreement shall be governed by the laws of the State of Florida without regard to any choice of laws provisions thereof.
IX. VENUE.
The Parties agree that any and all actions or proceedings pertaining to or arising out of this Agreement including but not limited to law suits, arbitrations, mediations or administrative actions, shall be initiated only within courts located in Pasco County, Florida as the sole and exclusive venue for the same.
X. ENFORCEMENT OF THIS AGREEMENT.
The Parties hereby agree that, in the event that any suit, action or proceeding is initiated to enforce any provision of this Agreement, the prevailing Party in any such dispute shall, in addition to recovery of any other relief available, be entitled to recover from the non-prevailing party all attorneys’ fees, accountants’ fees, court costs and expenses at the trial and appeal levels.
XI. MODIFICATION OF THIS AGREEMENT.
This Agreement may be supplemented, amended, or modified only by the mutual additional written agreement of the Parties. No supplement, amendment or modification of this Agreement shall be binding unless the same is in writing and executed by all of the Parties hereto.
XII. SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law or regulation, then that provision shall be fully severable. In any such instance, this Agreement shall be construed and enforced as if the illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provisions of this Agreement shall remain in full force and effect.
XIII. ENTIRE AGREEMENT.
The Owner acknowledges, agrees and understands that there are no other agreements, representations, discussions, understandings or inducements, either written or oral, between Owner and GIFMAF related to the subject matter hereof and that this Agreement (and its Exhibit A) constitute the sole and entire Agreement between the Parties and supersedes any and all prior agreements, representations, discussions, understandings or inducements of any kind or nature, whatsoever, as to the subject matter hereof.
XIV. WAIVER.
The rights and remedies of GIFMAF to this Agreement are cumulative and not alternative. Neither the failure nor any delay by GIFMAF in exercising any right, power or privilege of GIFMAF hereunder (or under its Exhibit A) will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of the same. To the maximum extent permitted by applicable law: (a) no claim or right pertaining to or arising out of this Agreement (or its Exhibit A) can be discharged by the Owner, in whole or in part, by a waiver or renunciation of the claim or right unless in a further writing and executed by GIFMAF, (b) no waiver that may be given by Owner will be applicable except in the specific instance for which it is given, and (c) no notice to or demand will be deemed to be a waiver of any obligation or of the right of GIFMAF giving such notice or demand to take further action without notice or demand as provided in this Agreement (or in its Exhibit A).
XV. NON-DISPARAGEMENT
Owner acknowledges, agrees and understands that, subject to applicable law, Owner shall not in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander GIFMAF in any manner that would reasonably be expected to damage the business or reputation of GIFMAF. Owner further acknowledges, agrees and understands that, in addition to any other legal or equitable remedies available, GIFMAF may enforce this Provision by seeking injunctive or equitable relief and that this Provision is intended to and shall, in fact, be deemed to specifically survive any termination of this Agreement.
XVI. ASSIGNABILTIY/NO THIRD PARTY BENEFICIARIES.
Owner may not assign any of Owner’s rights or obligations under this Agreement (or under its Exhibit A) without the prior written consent of GIFMAF, which consent GIFMAF may withhold at its sole discretion. GIFMAF may assign any of its rights under this Agreement at any time to any person or entity at GIFMAF’s sole discretion. Subject to the foregoing, this Agreement (and its Exhibit A) are intended to and shall apply to be binding in all respects upon and inure to the benefit of the Parties hereto and their successors and permitted assigns. Nothing expressed or referred to in this Agreement (or in its Exhibit A) will be construed to give any person other than the Parties to this Agreement (and to its Exhibit A) any legal or equitable right, remedy or claim under or with respect hereto or to any provision hereof (or any provision of its Exhibit A). This Agreement (and its Exhibit A) and all of their conditions and provisions are for the sole and exclusive benefit of the Parties hereto and to their successors and permitted assigns and not to any third parties.
XVII. TIME IS OF THE ESSENCE.
The Parties agree that, with regard to all dates and time periods set forth or referred to herein (or in its Exhibit A), time is of the essence.
XVII.I COUNTERPARTS.
This Agreement (and its Exhibit A) may be executed in one or more counterparts, each of which shall be deemed to be an original copy of this Agreement (or of its Exhibit A) and all of which, when taken together, shall be deemed to constitute one and the same Agreement.
(Signature page follows)
EXECUTED BY THE PARTIES as of the day and year first above-mentioned.
GIFMAF DOG PSYCHOLOGY CENTER, LLC. (“GIFMAF”)
BY:
Giann Siervo, Authorized Signatory