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 ________________________.
[signature]
Owner
[signature]
Carer