Terms of Service
PET TRANSPORTATION SERVICE AGREEMENT AND RELEASE
This Pet Transportation Service Agreement and Release (“Agreement”) is made by and between Pet Medical Transport, LLC, a Colorado limited liability company (“PMT”), and customer’s full name (“Owner”).
WHEREAS, PMT provides transportation services for companion animals, commonly referred to as pets, to and/or from veterinary facilities and emergency veterinary hospitals;
WHEREAS, Owner is the legal owner of pet’s name more particularly described as: type of animal and breed (“Pet”);
WHEREAS, Owner has requested that PMT provide transportation services for Pet pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the recitals set forth above, and the mutual benefits and obligations set forth herein, the parties agree as follows:
AGREEMENT
- Services
(a) PMT agrees to provide the following transportation services for Pet on an as-needed basis upon Owner’s reasonable request and subject to PMT’s reasonable availability and discretion:
(i) Prearranged non-urgent transportation to and/from a veterinarian appointment (with or without Owner, at no additional cost);
(ii) Prearranged transportation from a veterinary facility to an emergency hospital (with Pet only);
(iii) Urgent pet medical transportation from a residence to an emergency hospital (with or without Owner, at no additional cost).
(b) Owner authorizes PMT to use a leash or lead attached to a collar or harness, slip leash, carrying case, crate, cage, portable kennel, or stretcher for the retrieval of Pet.
(a) For all transportation services to an emergency hospital (see Section (1)(a)(ii) and (iii) above), a certified or licensed veterinarian professional for PMT may administer the following medical services, as reasonably determined to be necessary in the sole subjective discretion of the PMT professional and/or referring veterinarian: use of oxygen, use of medications provided by the referring veterinarian (sedatives, vasopressors, antiarrhythmic or antiseizure medications, IV Fluids), compression bandage for hemorrhages, and/or active warming.
(b)
OWNER GIVES PERMISSION TO PMT AND ITS PERSONNEL TO PERFORM THE SERVICES DESCRIBED IN THIS SECTION 1, AND FURTHER AGREES TO AND DOES RELEASE PMT AND ITS PERSONNEL FROM ALL RISK AND DAMAGE BY LOSS OF OR INJURY TO OWNER’S PET THAT MAY ARISE FROM THE PERFORMANCE OFSUCH SERVICES.
- Payment
(a) In consideration of and for the transportation services provided by PMT, Owner agrees to pay PMT in advance the current rates in effect at the time that PMT provides the requested services to Pet. A schedule of PMT’s current rates is attached hereto as Schedule A.
(b) All charges pertaining to the care and treatment of Pet provided by a veterinarian, emergency hospital, or other veterinary service provider, which Owner acknowledges and agrees is not affiliated with PMT, must be paid at the office of such veterinarian, hospital, or service provider at the time of service.
(c) To the extent PMT must make payment to a veterinarian, hospital, or other veterinary service provider on behalf of Owner for the care of or treatment rendered to Pet, Owner agrees to reimburse and hold harmless PMT from all payments, plus a service fee of 10% of the amount of such payment, as well as the costs and attorney’s fees incurred by PMT defending any claim or legal action to collect such payments.
(d) Any outstanding amount owed to PMT by Owner under this Agreement, including payments pursuant to Section 2(d) above, shall draw interest at the rate of 1.5% per month. In addition, PMT shall be entitled to its reasonable attorney’s fees and costs associated with any collection efforts to which Landlord resorts (including nonjudicial remedies) to collect any sum that is due and owing from Owner.
- Safety
(a) Owner represents and warrants that Pet is neither dangerous nor aggressive, and that it is current with all appropriate vaccinations, including rabies.
(b) Owner agrees to disclose to PMT any allergies, illnesses, health conditions, habits, or behaviors of Pet that could impact PMT’s provision of transportation services or the safety of PMT personnel.
(c) Owner authorizes PMT to use all means reasonably necessary in PMT’s sole discretion to keep Pet safe and healthy while providing transportation services under this Agreement, including those described in Section 1(b) and (c) above.
(d) PMT reserves the right to terminate the provision of transportation services under this Agreement in its sole discretion in the event PMT personnel determines Pet poses an unreasonable danger to the health or safety of itself, other animals, PMT personnel, or third parties.
- Personal Injury and Property Damage; Indemnification.
(a) Owner acknowledges and agrees that Owner is solely responsible for all injuries and damages caused by Pet while in the custody or control of PMT, including, but not limited to, physical injuries to PMT personnel and third parties and damage to property owned by Owner, PMT, PMT personnel, and third parties.
(b) To the extent permitted by law, Owner agrees to indemnify, defend, and hold harmless PMT and its members, managers, officers, employees, contractors, drivers, agents, successors, and assigns from and against all claims, demands, causes of action, damages, losses, judgments, or penalties, including, but not limited to, medical expenses, attorney’s fees and costs, arising from or related to injuries or damages to persons or property caused by Pet while in the custody or control of PMT, including, but not limited to, injuries to PMT personnel or third parties and damage to property owned by Owner, PMT, PMT personnel, and third parties.
- RELEASE. OWNER HEREBY COVENANTS NOT TO SUE AND RELEASES PMT AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, DRIVERS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, AND JUDGMENTS OF ANY KIND WHATSOEVER (EXCEPT TO THE EXTENT ARISING FROM A RELEASEE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), WHICH OWNER MAY NOW HAVE OR HAVE IN THE FUTURE AGAINST RELEASEES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, ESCAPE, OR LOSS OF ANY KIND, INCURRED BY PET OR OWNER, SUSTAINED IN CONNECTION WITH PMT’S PROVISION OF TRANSPORTATION AND NON-MEDICAL SERVICES UNDER THIS AGREEMENT, AS WELL AS ANY IMPUTED LIABILITY FOR SERVICES OR TREATMENT PROVIDED BY A VETERINARIAN, EMERGENCY HOSPITAL, OR OTHER VETERINARY SERVICE PROVIDER TO OR FROM WHOM PMT TRANSPORTED PET. THIS WAIVER AND RELEASE SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
- Miscellaneous
(a) PMT may terminate this Agreement at any time for any reason or no reason at all in its sole discretion.
(b) This Agreement shall be governed by and is subject to interpretation under the laws of the State of Colorado, and any dispute between the parties arising out of or in any way related this Agreement shall be litigated in the County or District state court located in Jefferson County, Colorado.
(c) This Agreement constitutes the entire agreement between PMT and Owner and supersedes all prior discussion and agreements between the parties with respect to all matters relating to the provision of services and all other matters contained herein.
(d) Any unenforceable provision of this Agreement will be modified to the extent necessary to make it enforceable or, if that is not possible, will be severed from this Agreement, and the remainder of this Agreement will be enforced to the fullest extent possible.
(e) No waiver or modification of any provision of this Agreement shall be effective unless it is in writing and signed by the party against whom enforcement of the waiver is sought.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
Dated: _________
PET MEDICAL TRANSPORT, LLC OWNER
By: __________________________ Signed:______________________
Its: __________________________ Printed:______________________