Animal Feeding and Caring Agreement
Introduction: Agreement made [date] between [name], of [address] (Carer), and [name], of [address] (Owner).
1. Term. This Agreement will begin on [date] and terminate on [date], or when all the animal(s) that are the subject of this Agreement are taken care of by alternative arrangements, or at the request of the Owner, whichever occurs first.
2. Secured Services. Owner will engage the services of Carer, and Owner will provide adequate surroundings and sufficient food for [number] of [animals] presently owned by Owner and presently located at [address].
3. Location of Animal(s). Owner will have Carer feed and maintain the animal(s) at [Address of Owner] or at Carer's [Address] for a period of ___-- [state specific time period] and Owner will contact Carer at convenient intervals at [state agreed time for contact] to check on the welfare of the animal(s) and to make sure that Carer has sufficient food and medication for the animal(s), if required. [state animal medication if applicable].
4. Agreed payment for services. The payment for Carer's services rendered shall be _______ dollars ($_______) and an additional amount of _______ dollars ($_______) per hour/day/week/month for services required at completion of the initial time agreed upon. Owner also agrees to pay for any additional food and medication Carer may have to spend in an emergency situation plus transportation charges from [veterinary clinic address] to Owners address.
5. Method of Payment. Owner will pay the animal feeding and caring price to Carer in the following manner: [method of payment].
6. Care of Animal(s). Carer will feed and care for the [name(s) of animal(s)] in a manner customary in the industry. Except for feed, Carer will pay all expenses which may arise during the agreed terms of caring but subject to reimbursement by Owner at completion of the initial agreement.
7. Unconsumed Food. If additional food is required and purchased by Carer is not fully used before the completion of the time period of caring and feeding of the animal(s), Owner will repurchase the unused feed at the current market price.
8. Service Costs. Owner will pay _______ dollars ($_______) per day per animal for handling and service costs, together with transportation costs to and from the veterinary clinic. Owner will also pay all necessary veterinary expenses.
9. Relationship Between Carer and Owner. Carer is an independent contractor and is not Owner's agent or employee.
10. Hold Harmless. Owner will hold Carer harmless against any circumstances which may arise beyond Carer's control [state possible circumstances]. Carer does not hold Owner responsible for payment of taxes on wages paid to Carer during the term of this agreement or any claims for workers' compensation. Owner will provide adequate insurances in relation to the care and protection of said animal(s) while under the care of Carer.
11. Automatic Termination. Unless Owner notifies Carer in writing to the contrary, this Agreement shall terminate upon [state agreed termination arrangement] or if Owner puts into place alternative arrangements for feed and caring of his [or her] animals.
12. Owners Right to Terminate. Owners may terminate this Agreement upon [number] days' written notice to Carer if Carer violates any provision of the Agreement.
13. Disposition of Animal(s) Upon Termination. If this Agreement terminates by reason of the provisions of Paragraph 13 or 14, Carer will deliver Owner's animal(s) to Owner in accordance with Owner's instructions. Owner may enter upon the premises where any of the animal(s) may be found and take possession of and remove them. In such event, Owner will be entitled to a return of any sums paid by Owner to Carer for services that have not been rendered.
14. Issues. Any claim or dispute regarding the terms or conditions of this "Animal Feeding and Caring Agreement" shall be submitted to an independent arbitration body.
15. Transfer Of Rights. This Agreement shall be binding on any successors of the parties.
16. Termination. This Agreement may be terminated before its initial term is completed by any party at any time, for any reason, provided that at least 30 days advance written notice of termination is given to the non-terminating party by the terminating party.
17. Arbitration. Any disputes pertaining said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the Australian Arbitration Association or like organisation in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
18. Amendment. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
19. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
20. Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
21. No Representation. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
22. Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
23. Advice Of Legal Counsel. Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
24. Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
25. Automatic Renewal. This Agreement will automatically renew, for successive 12 month periods, after its expiration unless written notice of termination is given by either party.
26. Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
27. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
28. Applicable Law. This Agreement shall be governed by the laws of the State of ________________________.