Overview. Client identified below, enters into the agreement with It's Raining Cats & Dogs LLC, its agents, affiliates, contractors, representatives, assistants and/or associates, herein referred to as IRCD, 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 IRCD's subsequent acknowledgment and agreement. Cost of services are based upon IRCD's published rates and fees, which are available for Client's review, and they are subject to change without notice.
 

 Online Registration and Profile.  IRCD uses a safe and encrypted online system to store Client's information. It is the Client's sole responsibility to ensure the system is current.  IRCD will use the information provided in the system as the ultimate instruction for the home and pet care during the Service Period.
 

Consultation Visit.  Before service begins it is required by IRCD to conduct an in person meeting with the Client at least 7 days prior to the beginning of service.  The Client is required to register through our secured online scheduling program before a Consultation Visit is arranged.  The Consultation Visit is complimentary only if services are contracted. If services are not contracted, a fee of $25.00 will be charged.  If a second meeting is requested for any reason after the initial Consultation Visit, a full visit charge will be required.  Two copies of your house key must be provided.  If you do not have two copies, another can be created for a $10 charge. There is a minimum of $50 for all first time bookings and a last minute charge of $50  for any booking that needs to start within 24-hours of calling.
 

Confirmation of Service Periods.  Regardless of whether Client has reserved a Service Period with IRCD, it is incumbent on Client to receive an email saying APPROVED from the system in order for the booking to be confirmed. If the client does not receive such email, then there is no booking in the system.
 

 Client's Return. IRCD assumes that Client arrives home on schedule.
 

 Extension of Service Period.  In the event of a delay in the Client's return , Client must contact IRCD at earliest opportunity. Service Periods may be extended by mutual agreement between IRCD and Client preferable by email. In case of international travel, cruise ship travel, or emergency situations, in which an emergency telephone call to IRCD is not possible or practical, IRCD may extend the Service Periods to accommodate the needs of the pets, plants and home for a maximum of seventy-two (72) hours. If no contact is made to IRCD within seventy-two (72) hours, IRCD, reserves the right to surrender key(s) of the home and the care of its animal inhabitants to a pre-specified Emergency Contact, at which point the Service Period closes.
 

 Payment Terms.  Unless otherwise mutually agreed upon, payment for the first service is due during the consultation visit.  IRCD only accepts payments via credit card or debt card through our secure online system and it is the client's responsibility to keep this information current.  The client's card on file will be charged up to 7 days prior to the beginning of the service period. Accounts outstanding more than thirty days from the end of the Service Period may be turned over to a collection agency. Client agrees to pay all costs associated with the employment of such collection agency in obtaining or attempting to obtain the outstanding balance due and applicable late fee(s).
 

 Food and Supplies. Client agrees to ensure that an adequate amount of food and/or other supplies are available, obtainable, in good condition, and in a location that IRCD can easily locate in the home prior to the commencement of the Service Periods and for the duration of the entire Service Period. Client understands that depletion of such food and/or other supplies would result in IRCD's replenishment with the same or a reasonable substitute in any quantity at client's expense, plus applicable errand surcharges.
 

 Late Booking Fee.  IRCD will make every effort to accommodate your last minute booking; however, it is not a guarantee IRCD will have the availability.  If IRCD is able to accommodate the client's late booking request, a $15 fee will be added to the visit charge if booked booked with less than 24-hours notice.  You must be a registered client in our online system in order to request a late bookings.
 

 Holiday Fees. A $20 one-time holiday fee will be added to any bookings for the following holidays: New Year's Day, Easter, Mother's Day, Memorial Day, Father's Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas Eve, and New Year's Eve.
 

 Emergency Visit.  If a client requests IRCD to visit their home for any unplanned reason and IRCD is available, a $75.00 fee will apply.   For example, if a client is out of town and their home alarm goes off, as no fault of IRCD, we will make every attempt to visit the home at our earliest convenience to turn off the alarm. 
 

 Cancellations.  IRCD does not overbook, therefore, when a client requesting service completes our booking schedule, we will no longer accept any further requests from other clients.  The cancellation policy is as follows.  a) DOG WALKING: If a client cancels any Monday through Friday daily dog walk by 7am the day of, a credit equal to the visit will be carried over to the following month.  A maximum of two (2) credits can be carried over for daily dog walks.  If the client cancels after 7am the day of, no credits will be granted.  b) PET SITTING (other than OVERNIGHTS and HOLIDAYS):  If there are any partial or complete cancellations of booking, the client will be responsible for half the total invoice if canceled less than (2) weeks for pet sitting visits from the start of the service period.  c) OVERNIGHT AND HOLIDAYS: A 50% non-refundable deposit is required at time of booking.  If there are any partial or complete cancellation of bookings, if canceled less than four (4) weeks from the start of the service period, the client will be responsible for the remainder of the total invoice.  At the sole desecration of IRCD any credits given for services will expire 6 months from the original first visit booked.
 

 Security Systems. IRCD is not liable for any charges, fines, or other damages resulting from the malfunction or unintended triggering of a security system.
 

 Keys/Lockout.  Two keys to the home will be given to IRCD during the Consultation Visit to keep on file.  If the client does not have two copies, another key can be created for a $10.00 charge. If a garage code is offered to gain entry to your home, it is the clients responsibility for any missed visits due to malfunction or power outage. If a key is NOT retained by the second booking a fee of $25.00 will be incurred for pick up and drop off of the key. In the event that IRCD 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 IRCD, it shall be the responsibility of Client to reimburse IRCD for all costs incurred. The Client expressly gives IRCD the authority to employ a locksmith on Client's behalf in the event of the aforementioned circumstance(s).
 

 Plant Care. Client indemnify IRCD from liability in the event the plant becomes damaged.
 

 Outdoor Animal(s). IRCD 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.
 

 Minimum Visit. All dogs will be visited no less then every 12 hours, although IRCD strongly recommends at least three to four visits per day when the Client is out of town. All cats will be visited no less than once every 24 hours but IRCD strongly recommends every 12 hours. No exceptions will be made. This is for the health and well being of your pet(s).
 

 Loss of Animal(s). IRCD 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 IRCD from the loss of such pet(s).
 

 Urgent Animal Care. In case of an illness or injury that IRCD believes to threaten clients pet(s) lives or quality of life, IRCD will make every reasonable attempt to secure prompt treatment for clients pet(s). Client authorizes IRCD to authorize emergency first aid and/or medical surgical treatment to clients pet(s) at a veterinary clinic of IRCD 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 IRCD ‘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 IRCD considers it's safe and/or appropriate to do so.
 

 Urgent Home Care. In the event that Client's home is damaged during the Service Period, and if IRCD will first attempt contact with Clients and/or Emergency Contact(s) to establish a plan of action, and if neither Client, nor Emergency Contact(s), can be reached, Client authorizes IRCD to take appropriate steps to return the property to a safe, secured and/or stable condition at Client's expense. Examples of such urgent home care include but are not limited to window breakage, water damage due to plumbing problems, forced entry, tree limb damage, vehicle damage, etc.
 

 Inclement Weather.  Clients are required to provide IRCD with an emergency contact noted in the online system.  Client's emergency contact should be able to walk to your home and have working keys for entry so they may provide care to your pet(s) should IRCD be unable to reach your home due to dangerous driving conditions before, during or after a tropical wave, tropical storm, tornado, flood or hurricane.  IRCD is empowered to shorten dog walking visits time during heavy rainfall, excessive wind or thunderstorms, in such cases, exercise time will be replaced with indoor playtime.  If IRCD is unable to reach the client's home due to any of these weather conditions set forth, IRCD's Cancellation Policy is still in effect.
 

 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 IRCD and the Client.  Any individuals visiting the Client's home during the Service Period, it is the Client's responsibility to notify and enter names and phone numbers in the Client's online profile.   If anyone other than IRCD enters the client's property during the Service Period, the Client will be solely responsible for all situations thereafter the trespassers entry.
 

Pictures. Client agrees to have pictures taken of their pets if IRCD wants to use them for marketing purposes. The pictures will only be of the pets and no breach of security will be at risk.
 

Non-Disclosure. Client agrees to not solicit any of IRCD's employees, pet sitters, contractors or representatives for pet care, exclusive of IRCD.  Client also agrees to inform IRCD in the event that any of IRCD's employees, pet sitters, contractors or representatives solicits business from the client.
 

 Discretionary License.  If IRCD determines, at its sole discretion, that it is unsafe to enter Client's property and/or approach Client's pet(s), or if damages or injuries occur during the Service Period, IRCD reserves the right to close the Service Period prior to its scheduled closure and/or secure one or more pets in any manner necessary, including, but not limits to, crating, tethering, confining, off-site boarding, off-site kenneling, or off-site sheltering, at Client's expense.
 

 Property Damage. IRCD is not responsible for damage to Client's property caused by Client's pet(s) during the Service Period. If any neighbor, friend, family member, contractor, or other Client representative enters Client's home or property during a Service Period, IRCD is not responsible for damages or loss to Client's property.
 

Personal Injury. Client assumes responsibility for injuries and disabilities sustained by IRCD caused by clients' pets and/or home, including, but not limited to, bites, scratches, mauls, hazards, etc. IRCD generally does not provide service for aggressive animals. If client misrepresents an animals history of aggression, client places IRCD 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 IRCD of the incident(s) (a) at once if a service period is pending, or (b) upon requesting future service. IRCD 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 IRCD takes pet(s) off clients premise(s), client agrees to indemnify and hold harmless IRCD 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, lose or stray dogs.
 

Mandatory Arbitration.  If a dispute arises between IRCD 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.
 

 Attorneys' Fees.  If client commences a legal proceeding to enforce or obtain a declaration of rights under this agreement, and IRCD becomes the prevailing party in such proceeding, then IRCD 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 IRCD incurred prior to commencing the proceeding.
 

 Indemnification. The Client agrees that it shall indemnify, defend and hold harmless IRCD, its officers, directors, employees, agents, representatives, consultants, and contractors from and against any costs, expenses (including, among other expenses, reasonable attorneys' fees and expenses), losses, damages, claims, injuries, costs, penalties, fines or liabilities incurred and arising out of, resulting from, or in connection with the services contemplated by this Contract.
 

 Severance and Choice of Law.  If any term or terms of this agreement are deemed invalid or illegal by a court of competent jurisdiction, that term shall not affect the validity of the remaining provisions of this agreement. This Agreement shall be governed by the laws of the State of Florida.