TERMS & CONDITIONS

Adventure Dogs

ABN: 36385376559

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Service Agreement/ Policy/Terms & Conditions

 

Thank you for choosing Adventure Dogs!

Adventure dogs treat all of our clients as though they are family - the health and safety of all our dogs is paramount. We make every effort to ensure that your dog is comfortable, happy and safe during their time with us. Please take the time to read through our terms and conditions before making your booking. This services agreement is a contract by and between Adventure Dogs and you. Please ensure that you read and understand this document in its entirety as it affects your legal rights and obligations.

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*All the booking must be made pre booked.
*All the Changes of dates/Cancelations/Payments or additional requests must be notified by calls or text.
*Adventure dogs Service Agreement must be signed before making a booking.
*Dogs must have a good temperament and show NO aggression towards other dogs or people.
*Adventure Walks are only available Monday to Friday from 8:00 am to 5:00 pm. Pickups are from 7am – 3:30pm
*Please note that there is limited availability in our programs and we can’t guarantee your booking unless booked well in advance.
*We are not available to respond to messages on social media, phone number after Business hours. 

*Maximum of 2 Adventure walk per day. This then constitutes as our Doggy Day care service (2-4hr max dog care)
*Every new dog requires assessment evaluation prior to the initial booking. First Adventure Walk following meet and greet will be a trial to see if new dog/s are suitable for our group Adventure Walk service. Then a 6month monitoring period will apply.
*Large and energetic dogs must go on Adventure Walks service only. We don’t offer Doggy Day Care for dogs with high levels of energy.
*Puppies must have had their 3rd puppy vaccination to be able to join our programs.
*Your dog must be up to date with their flea and tick prevention.
*Dogs over 8 months of age must be de-sexed.
* We accept last minutes bookings only if we have availability in our programs. 1-hour notice is required. 
*Please be advised that we cannot guarantee to arrive at a specified time, we do require having alternative access keys or means of access {for example side gate access}. If we arrive and there is no access to collect dogs or the dog/s are not there to be collected upon arrival, the owner will be charged the full price of the service. 

*Adventure Walks are scheduled to take place between 7am – 4:30 pm and services are usually scheduled to take place during this time unless we are behind schedule. In the event that unforeseeable circumstances arise and we cannot deliver a booked service between our specified business hours, we will then make contact through text to arrange a credit for another day that suites you upon our time frame and availability, Adventure Dogs do not accept time specific bookings as we cannot guarantee specific times accurately.  
*We will notify upon collection and return of dogs via text. 
*Cancellations will be made 24 hours before your booking or a full charge of your booking will be charged. All cancelations will receive a credit that must be used within 5 business days in addition to your regular bookings for that week. 3 - week holiday notice is required.
*Public holidays/Long weekends have an additional + 35%.
*Vaccinations and Parasites: All dogs must be vaccinated and wormed in order to attend our service. Proof of vaccination (including a copy of the C5 vaccine card) is required for all clients. Flea and Tick prevention is always recommended to be undertaken at home as part of your regular routine.
*Safety & Welfare: Please make sure that you inform our team of any of the following: 
*If your dog has any medical condition, illness or injury which may adversely affect their service. 
*If your dog has had any recent surgery.
*If your dog is under any form of sedation. 
*If deemed necessary our staff may separate or tether dogs for the protection of themselves or others using the service.
Any dog displaying aggression towards other dogs will be excused from the service and muzzles used if necessary - In the event of such aggression we reserve the right to request an owner to then pick up their dog in a timely fashion. 

*Adventure Dogs only accepts well behaved dogs and reserves the right of a 6 - month probational monitoring period for all dogs under our care. Adventure Dogs reserves the right to refuse services to dogs that show signs of illness and/or are taking medication for transmittable diseases.
*Emergencies: In the rare case of emergency our first priority is the welfare of your dog. Veterinary treatment will be sought (at your cost) from the nearest available provider. We will make every effort to contact you in this instance. Adventure Dogs will NOT be held liable for any treatment costs incurred.

* For the safety of the dogs in our care, the Owner will provide a fitted collar or harness that the dog cannot slip out of and has a name tag attached with the owner’s contact details on it. Adventure Dogs reserves the right to refuse service if we deem the owner’s dog is not wearing a collar or harness without a name & contact tag attached, that is well fitted/loose upon arrival to collect the dog for services. The owner will be charged the full rate if this occurs. We will make every effort to contact the Owner in this instance.

*The owner is responsible for any loss, damage and the negligence of any kind to their home, property or pets where entry to the premises is given to other parties or if the home is not properly secured during the service period.

*The Owner is responsible to ensure the house/apartment, balconies yard and the security of fences/gates/latches are pet proofed. 

*Adventure Dogs will not be liable for the safety of any pet(s) or liable for death, injury, disappearance, or legal consequences of any pet with unsupervised access to the outdoors of their property. Adventure Dogs will not tie up any dogs in the Owner’s property if requested to by the Owner. 

*Adventure Dogs will not be liable of any dog or pet(s) for death, injury, disappearance, or legal consequences of any pet in our care.

*Photographs: We love to take photos of our happy smiling dogs here. Images may be used on social media or for advertising purposes. If for any reason you would prefer your pet’s image not to be used, we ask that you request this at the time of booking. 

*Service prices are subject to change. Terms and conditions are subject to change from time to time. Therefore, it is the Owners responsibility to check for any updates and amendments via or website.

 

BACKGROUND

  1. A. Adventure Dogs is in the business of selling, inter alia, services related to dogs. B. You wish to purchase services from Adventure Dogs.

  2. Adventure Dogs agrees to provide and you agree to accept their services on the terms and conditions set out in this Agreement.

OPERATIVE PROVISIONS

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Definitions

When interpreting this agreement, the following definitions shall apply: Agreement means this services agreement; Collection Proceedings means any claim or proceedings to recover unpaid fees owed to Adventure Dogs or third-parties in any competent Tribunal or Court of Australia; Commencement Date means the earlier of: (a) When you first entered into an agreement with and were provided services by Adventure Dogs; or (b) The date of this Agreement; Dog means the Owner’s dog or dogs; Fee means the costs specified in Schedule A of this Agreement; Adventure Dogs means the entity, employees or agents of, or an individual duly authorised by Joshua Hilliard trading as Adventure Dogs ; Owner means you and any other owners of the dog or dogs; Relevant Law means any statute, ordinance, code or other law including regulations under them and any code of practice, membership rules or standards issued by relevant regulatory or industry bodies with the force of law, applicable to this Agreement, the Services, or any obligation to be performed under this Agreement; Services means the services specified in Schedule A of this Agreement; Term means from the Commencement Date to one year after the date of this Agreement.

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Interpretation

The following provisions shall apply in the interpretation of this Agreement, unless the context requires otherwise: (a) A reference to a party or a person includes that party’s or person’s representatives, successors, substitutes, agents, and assigns; (b) An agreement on the part of, or in favor of, two or more persons binds or is for the benefit of them both jointly and severally; (c) Includes (or variations thereof) means includes but without limitation; and (d) Where a word or expression has a defined meaning, its other grammatical forms have a corresponding meaning.

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Supply of Services to the Owner

In supplying services to the Owner: (a) Adventure Dogs will provide and the Owner will acquire the Services in accordance with this Agreement, as requested by the Owner from time to time and accepted by Adventure Dogs throughout the Term at agreed upon times; (b) A request for Services by the Owner and acceptance by Adventure Dogs can be made via any form of communication in business hours; (c) The Owner authorises Adventure Dogs to accept directions made by the Owner in possession of the dog, or having the care and control of the dog, on their behalf, or by any individual reasonably held out to be authorised via any form of communication without need for further agreement; (d) At any time prior to acceptance Adventure Dogs may at its discretion reject a request for Services; and (e) This Agreement shall apply to all Services provided by Adventure Dogs to the Owner except as varied by written agreement by the Parties during the Term.

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Cancellation

The Owner may cancel an accepted request for Adventure Walk Services with one days’ notice (24hrs) without penalty, otherwise (b) the Owner will remain liable for the full cost of the booked Services.

The owner will receive a credit to use within 7 days (5 business days) in addition to their regular booked Adventure Walk services. This is upon Adventure Dogs time frame and availability. Holidays require 21days notice. If 21 days holiday notice is given, then bookings will be adjusted accordingly to accommodate the period the Owner is away on holiday.

Adventure Dogs may cancel an accepted request for Services with one days’ notice without penalty. If otherwise, Adventure Dogs will at their absolute discretion issue a credit to arrange an alternative booking suitable to the Owner and Adventure Dogs service time frame and availability; and (c) If Adventure Dogs attends an accepted request and is unable to provide Services due to the Owner’s act or omission howsoever caused, the Owner will remain liable for the full cost of the Services.

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Automatic Renewal

Unless either party provides fourteen days’ written notice of intention to terminate, this Agreement will automatically renew at the end of the Term for a further year (including any subsequent year). Any termination of this Agreement shall be without prejudice to the rights of either party against the other which may have accrued up to the date of such termination.

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Responsibilities of the Owner

The Owner must: (a) Faithfully and accurately provide any information required under Adventure Dogs trading Policy/Terms of Condition, this Agreement, or Relevant Laws, including vaccination history, and medical and behavioral conditions and concerns; (b) Have their Dog attend a behavioral assessment if deemed necessary by Adventure Dogs; (c) Notify Adventure Dogs if:

  1. They employ, hire, or pay a past or current employee of Adventure Dogs to perform Services or services similar to Adventure Dogs; and

  2. Their Dog ceases to fulfil the requirements under clause 6(i); (d) Authorise Adventure Dogs, at its discretion, to:

  3. Use images and the name of their Dog for marketing and promotional purposes;

  4. Seek veterinary treatment when deemed necessary from any licensed veterinary clinic;

  5. Determine the cost of services at their discretion dependent on the size and behavior of the Owner’s dog;

1.Provide reasonable additional services without prior notice to the Owner in the event of unforeseen circumstances including unruly behavior by their dog and medical emergencies.

(e) Acknowledge that animals are unpredictable by nature, and may cause harm or damage to themselves, other animals, property, or individuals, including personal injury, death, disappearance, transmission of disease, and permanent disability. Accordingly, the Owner assumes liability for and indemnifies Adventure Dogs against any actual or claim for loss or damage (including reasonable legal expenses) howsoever caused while their Dog is in the care of Adventure Dogs with respect to:

  1. The property of the Owner, Adventure Dogs, or third-parties; and

  2. Personal injury, death, dissapearance or damage to any other property arising out of or as a consequence of the Owner’s property;

(f) Pay the costs and fees required of and within the timeframe stipulated by Adventure Dogs, including bookings, requested Services carried out, damage caused by or to the Owner’s property, and outstanding fees to third-parties including but not limited to veterinarian fees. If the Owner fails to make payment by the date or time stipulated by Adventure Dogs, Adventure Dogs may:

  1. Charge the Owner interest at a rate of 12% daily on any outstanding amounts if those amounts remain unpaid for more than twenty-eight days from the stipulated time.

 (g) If Collection Proceedings become necessary, the Owner indemnifies Adventure Dogs for all reasonable legal expenses incurred; The Owner warrants that: (h) They are duly authorised to enter into this Agreement with respect to third party interests in the Owner’s Dog; and (i) Their Dog:

  1. Is not subject to any lien or encumbrance;

  2. Is in good health and has been fully vaccinated in accordance with Adventure Dogs policy;

  3. Is free of fleas, ticks, and other parasites;

  4. Is not aggressive or protective towards other people, animals, or toys;

  5. Is spayed or neutered if older than eight months;

  6. Has not been exposed to any disease, including distemper, canine cough, or canine-influenza within thirty days prior to an accepted request for Services; and

  7. Meets the requirement of all Relevant Laws.

 

Responsibilities of Adventure Dogs

Adventure Dogs must: (a) Take all reasonable measures and precautions to protect the property of the Owner while in its care; (b) Immediately notify or attempt to notify the Owner of any acknowledged incidents involving the Owner’s Dog, including when seeking veterinary treatment; Adventure Dogs warrants that: (c) The Services will be of acceptable quality, fit for purpose, rendered with due care and skill in a professional manner and in accordance and compliant with all Relevant Laws; (d) It has and will maintain all necessary licenses, approvals, permits and consents to enter into this Agreement and perform its obligations thereunder; and (e) It has and will maintain all insurance policies represented to the Owner when engaging its services.

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Exclusions

(a) Adventure Dogs will not be liable for any loss or damage, whether arising in tort or otherwise, sustained by the Owner or any other person which may be sustained in connection with this Agreement or the subject matter of this Agreement. Such loss or damage may include loss or damage caused by the negligence or willful act or default of Adventure Dogs or others, whether consequential or otherwise and whether or not such loss or damage is reasonably foreseeable. This Agreement contains all the warranties and conditions given by Adventure Dogs in connection with the subject matter of this Agreement and to the extent that Adventure Dogs may exclude any warranties or conditions which might otherwise be implied by any competent legislation then Adventure Dogs excludes from application all such implied warranties and conditions; (b) In the event that Adventure Dogs is held liable for any loss or damage, whether arising in tort or otherwise, sustained by the Owner or any other person which may be sustained in connection with this Agreement or the subject matter of this Agreement, such liability will not exceed the lesser of the current chattel value of the Owner’s property or $2,500.00 AUD; and (c) This Agreement does not exclude any express and implied warranties, conditions, and guarantees arising from Relevant Law.

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Disputes

(a) If a dispute, controversy or claim arises between the parties about any fact, matter or thing in connection with this Agreement, the dispute, controversy or claim must be determined in accordance with this clause; (b) Where a dispute, controversy or claim arises, either party may give a notice in writing to the other:

  1. Identifying the dispute, controversy or claim;

  2. Including sufficient particularity to enable the other party to consider the matter; and

  3. Identifying the position which the party believes is correct, or the outcome the party wants to occur;

(c) Within fourteen days of the notice referred to in paragraph (b) being given, the parties must:

  1. Meet at least once and undertake genuine and good faith negotiations about resolving the dispute, controversy or claim; and

  2. If they cannot resolve the dispute, controversy or claim, engage in genuine and good faith negotiations about agreeing to a procedure to resolve the dispute, controversy or claim;

(d) If the parties cannot resolve, or agree on a procedure to resolve, the dispute, controversy or claim within 14 days of the notice referred to in paragraph (b) being given, either party may, by written notice to the other, refer the dispute to mediation, in accordance with paragraphs (e)–(h) below; (e) Each party must attend and participate in the mediation in good faith; (f) Each party must bear their owns costs with regard to the mediation; (g) Each party must be represented at the mediation by a person with authority to resolve the dispute; (h) The mediator is to be agreed by the parties. (i) Subject to the parties’ agreement, the mediation:

  1. Is to occur in Sydney, New South Wales;

  2. Is to occur within seven days of the notice referred to in paragraph (d) being given;

  3. Is to take place in English; and

  4. Is to be in accordance with the rules of the mediator’s institution, except to the extent they are inconsistent with this contract;

(j) If the mediation referred to in paragraphs (e)–(h) above does not occur within the period referred to in paragraph (h)(ii), or if the dispute is not resolved at the mediation, either party may commence proceedings in a Court or Tribunal with jurisdiction to hear the matter; (k) Nothing in this clause prevents a party from commencing proceedings seeking urgent relief from a competent Court or Tribunal, if, in that party’s reasonable opinion, it is necessary to protect their rights; (l) This clause survives termination of this agreement; (m)Despite the existence of a dispute, controversy or claim, the parties must continue to comply with their obligations under the contract.

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Entire Agreement

This Agreement contains the entire understanding between the parties as to the subject matter of the Agreement. All previous negotiation, understandings, representations, warranties, memoranda or commitments concerning the subject matter of this Agreement are merged in and superseded by this Agreement and are of no effect. No oral explanation or information provided to either party by the other party or another: (a) Affects the meaning or interpretation of this Agreement; or (b) Constitutes any collateral agreement warranty, or understanding between the parties.

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Severability

(a) The parties agree that a construction of this Agreement that results in all provisions being enforceable is to be preferred over a construction that does not so results; (b) If, despite the application of 11(a), a provision of this Agreement is illegal or unenforceable:

  1. If the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and

  2. In any other case, the whole provision is severed, and the remainder of this Agreement continues in force.

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Schedule A

 

Service: Dog Walking

Description: A 60 minute group dog walk.

Price: For a single dog in a group walk. For any additional dogs, dogs must be from the same family household.

Puppy $35.00 Two Puppies $60.00

Small Dog $35.00 Two Dogs $60.00

Medium Dog $38.00 Two Dogs $65

Large Dog $42.00 Two Dogs $70

35% public holiday / long weekend surcharge applies.

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Service: Dog Day Care

Description: 2-4 hour maximum dog day care. This service consists of 2 consecutive 1- hour dog walks.

Price: $65.00. No discounts apply for additional dogs(s) from the same household.

35% public holiday / long weekend surcharge applies.

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Service: Home Visits

Description: Feeding and 1 x 1-hour dog walk Dogs sleep overnight in their own household unsupervised.

Price: $65

35% public holiday / long weekend surcharge applies.

 

​All of the above services must be pre-booked.

 

Payment

The Owner agrees to pay any invoiced amount within 7 days of the invoice being issued. The Owner shall provide proof of receipt and cleared funds via text at least 7 business days in advance prior to the commencement of service by Adventure Dogs during business hours only (7am- 5pm Monday- Friday). Any invoices not paid within seven days shall accrue interest daily at the lesser of rate of 12 percent per annum calculated daily. Adventure Dogs will also be entitled to recover from the owner, in addition to the amount invoiced yet unpaid any administrative costs of issuing a recovery notice (at $20 per notice), any debt recovery costs (including legal fees on a solicitor/client basis) incurred or payable by Adventure Dogs in procuring outstanding payment from the client/ Owner.

 

Jurisdiction

This Agreement is governed by and construed in accordance with the laws of New South Wales and each of the parties submits to the non-exclusive jurisdiction of the Courts exercising jurisdiction there. Executed for and on behalf of the Owner with authority of all interested parties. This agreement constitutes the entire agreement between the Owner and Adventure Dogs and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There is no other promises, conditions, understandings or other Agreements, whether oral or written, relating to the subject matter of this Agreement. Once service is confirmed and payment is made after an invoice is issued, it is deemed that the Owner has read and has accepted all terms and conditions in the Agreement for the service provided irrespective whether the Agreement for the service provided is singularly signed.