TERMS OF AGREEMENT
Urban Wolves Terms of Agreement
These Terms of Agreement and any subsequent Terms of Agreement issued by Urban Wolves shall apply to all requests for services made by the Client after the date and time at which these conditions are first delivered or sent by email or text to, or otherwise brought to the notice of, any employee or representative of the Client.
If any instruction (i.e. verbally, per email or text) is received by Urban Wolves from the Client for the supply of services, it shall constitute acceptance of the Terms of Agreement contained herein. Upon acceptance of these Terms of Agreement by the Client, the Terms of Agreement are definitive and binding.
It shall be the Client’s responsibility to ensure that these conditions are promptly brought to the attention of Urban Wolves’ Operational Head or the responsible Dog Care Professional, and accordingly, any request for service made by the Client after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
The Client accepts Urban Wolves’ Terms of Agreement (as stated) and confirms this by their signature on the form.
1. Definitions
1.1 “Urban Wolves” means Urban Wolves, its successors and assigns, its directors, contractors, any agents or employees, or any person acting on behalf and with the authority of Urban Wolves.
1.2 “Client” means the person(s) engaging Urban Wolves for services as specified in this contract, or any other document issued by Urban Wolves.
1.3 “Dog Care Professional” means the Urban Wolves personnel responsible for delivering services as specified in this contract or any other document issued by Urban Wolves.
1.4 “Party” means a person or entity that takes part in an agreement.
1.5 “Services” means all services supplied by Urban Wolves to the Client at the Client’s request from time to time.
1.6 “The Price” means the price of Urban Wolves’ current Price at the date of delivery of any services.
1.7 “Intellectual property” refers to new or original innovations and creations of the mind by Urban Wolves. This section also covers copyright, trademarks, patents, and other forms of intellectual property protection.
2. Promise
2.1 Urban Wolves will treat you, your dog(s) and your property with respect, and promise to provide reliable, friendly and trustworthy service(s).
2.2 We will endeavour to keep your confidential information safe and will not disclose this information to any outside third party without your consent.
2.3 We will endeavour to commence the Urban Wolves service within the times that are offered. Due to the nature of our business, we cannot guarantee a specific start time for the service and we, therefore, request a start time frame which is acceptable to the Client.
3. Acceptance
3.1 The Client confirms to Urban Wolves that they are the legal owner of the dog(s) and that their dog(s)' council registration is up-to-date.
3.2 The client hereby agrees to engage the dog care professional to provide the client with the following services:
- Dog walking
- Pack walking and socialisation
- Pack walking assessment
- Behavior modification training
- Initial behavioural consultation
- Kickstart program
- Home stays and boarding
- Private consultations and training
- In house training program
- Board and train program
- Training workshops
- Adventure weekends
3.3 The services will also include any other tasks which the parties may collectively agree on. The Dog Care Professional hereby agrees to provide such services to the client on an as required basis.
3.4 The Client has disclosed to Urban Wolves all relevant information regarding their dog’s history and understands it is the Client’s responsibility to keep Urban Wolves informed of any changes to their dog’s behaviour or health in the future.
3.5 The Client also accepts that they will be liable for any medical care expenses and damages that result from any injuries, damages or deaths caused by their dog(s).
3.6 The Client agrees to provide Urban Wolves with the name and contact number of individuals who are capable of making a decision regarding their dog(s) in an emergency. If the emergency contact person is not available, Urban Wolves reserves the right to consult with a veterinary surgeon and then make a decision that is in the best interest of their dog(s). If any medical problems develop while the Client’s dog(s) are in the care of Urban Wolves, the Client authorises Urban Wolves to do whatever they believe is necessary for the safety, health, and well-being of the dog(s) and agrees to pay all expenses incurred. If that happens, Urban Wolves will endeavour to contact the Client as soon as possible using the contact information the Client has provided.
3.7 The Client is responsible for providing all items necessary for their dog(s) to be adequately cared for in the Client’s absence (including but not limited to the dog(s)’ collars, tags, and medication). Should their dog(s) require any additional supplies for the duration of being in the care of Urban Wolves these will be purchased and added to the invoice.
3.8 The Client agrees to disclose to Urban Wolves any health or behavioural problems their dog(s) has at the time of booking. Failure to disclose this information may result in additional charges from Urban Wolves or cancellation of service.
3.9 The Client agrees that in the event of their dog(s) engaging in acts of aggression toward another dog or person while participating in dog(s)’services, Urban Wolves may, in their sole discretion, use reasonable physical force to interrupt and stop the aggression.
3.10 The Client agrees to allow Urban Wolves to photograph and/or videotape their dog(s) for use in print, publication, and promotion of Urban Wolves.
3.11 If during any service to any dog(s), it is determined that the health and safety of the Dog Care Professional or dog(s) will be or are at risk due to the behaviour of the Client’s dog(s), Urban Wolves may immediately cease services for this reason. Cancellation of service due to the behaviour of the Client’s dog(s) shall not entitle the Client to any refunds, no relief of nor outstanding payments due, unless given at the Dog Care Professionals discretion.
3.12 Any wrongful or misleading information provided by the Client may constitute a breach of the terms of this agreement and be grounds for instant termination thereof. Cancellation of service due to the behaviour of the Client’s dog(s) shall not entitle the Client to any refunds, no relief of nor outstanding payments due, unless given at the Dog Care Professional’s discretion.
4. Quotation for services
4.1 The Client may request a written quotation for specific services (i.e. overnight stay or dog(s)-transporting) from Urban Wolves setting out the price, duration and type of services to be rendered. If the Quotation is acceptable to the Client, then this is to be confirmed to the Urban Wolves in writing within the set time frame on the quote.
5. Price
5.1 The Prices shall be as indicated on the Urban Wolves website, quotation and/or the invoices provided by Urban Wolves to the Client in respect of services supplied.
6. Fees
6.1 The following additional fees are applicable:
6.2 Key/remote collection and/or drop off fuel fee:
This is included with their dog(s)’ walking service. One set of keys must be supplied to Urban Wolves if the company needs to access the property for the provision of regular dog(s) services. Upon the expiry or termination of this agreement, Urban Wolves will return any property, documentation, records, or confidential information which is the property of the Client.
6.3 Late cancellation of service: $50.00 or the cost of the arranged service:
Any dog(s) walking service not taking place due to the service not being cancelled 24 hours prior to the service scheduled date and time, or their dog(s) not being home for collection or accessories not being available as arranged with the owner for this purpose, will incur a late/ non-cancellation fee of $50.00 or the cost of the arranged service.
7. Autonomy
7.1 Except otherwise stated in this agreement, the Dog Care Professional will have full control over working times, methodology, and decision-making in relation to the provision of services in accordance with the agreement. The Dog Care Professional will work autonomously and not at the direction of the Client. However, the Dog Care Professional will be responsive and respectful to the needs and concerns of the Client.
8. Severability
8.1 If any of the provisions of this agreement are held to be invalid or non-enforceable in whole or in part, all other provisions will nevertheless continue to be valid, upheld, and enforceable with the invalid/unenforceable parts severed from the remainder of this agreement.
9. Equipment
9.1 Except as otherwise provided in this agreement, the Dog Care Professional will provide at their own expense, all and any tools or equipment, raw materials, work wear and any other items or parts necessary to provide the services in accordance with this agreement.
10. Intellectual Property
10.1 All intellectual property and related material (the “intellectual property”) that is developed or produced under this agreement, will be the property of the Dog Care Professional. Title, copyright, intellectual property rights and distribution rights will remain the exclusive property of the Dog Care Professional. Upon the expiry or termination of this agreement, the Dog Care Professional will return any property, documentation, records, or confidential information which is the property of the Client.
11. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
11.1 The method of payment will be made by internet transfer or cash.
11.2 Payment is to be made every Monday before the commencement of service. If the Client has failed to make payment(s), Urban Wolves can refuse service for that week and the client will be charged a late fee. Interest payable on any overdue amount under this agreement is charged at a rate of 15.00% (of the invoice total), or, at the maximum rate enforceable under applicable legislation - whichever is lower. If the Client wishes to add additional days of services, they will pay for the extra service in the following Monday's payment schedule.
11.3 Without prejudice to any other remedies Urban Wolves may have, if at any time the Client is in breach of any obligation (including those relating to payment), Urban Wolves may suspend or terminate the supply of services to the Client and any of its other obligations under the terms of agreement. Urban Wolves will not be liable to the Client for any loss or damage the Client suffers because Urban Wolves exercised its rights under this clause.
14. Halt and cancellation of services
14.1 If the Client or the Dog Care Professional wish to terminate this agreement, that party will be required to provide 14 days written notice to the other respective party.
14.2 If the request is to halt services for a specified period only (i.e., dog(s) going on holiday) that exceeds a period of time longer than two weeks, then clear instruction to Urban Wolves is required with two weeks' notice prior to commencement of halt period, with the last date of service and the date for re-commencement of services.
14.3 If the Client breaches the termination clause within this agreement without notice, an invoice totaling the sum that the Client would otherwise be liable for during the 14 days notice period will be issued to the Client.
15. Conflict of interest
15.1 The Client agrees to disclose to the Dog Care Professional any other facilities or services that their dog(s) attends, including but not limited to; dog daycares, dog walkers, dog trainers, and boarding facilities. These can be considered conflicts of interest and must be discussed with the Dog Care Professional before the commencement of services.
16. Relaxation of terms
16.1 No relaxation, indulgence, or waiver of release by any party or any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights. It shall not be deemed a waiver of any subsequent breach of any of the terms.
17. Dispute resolution
17.1 Urban Wolves will endeavour to resolve any dispute between the Client and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
18. Modification of agreement
18.1 Any amendment or modification of this agreement or additional obligation assumed by either Party in connection with this agreement will only be binding if evidenced in writing and signed by each Party or an authorised representative from each Party.
19. Governing Law
19.1 This agreement is governed and construed by local New Zealand services and contract laws (and applicable bylaws).
19.2 In line with local New Zealand services and contract laws (and applicable bylaws), clients who engage in paid services are not required to return a signed copy of these terms, as, engagement in services acts as agreement to the terms set out above.
20. Liability
20.1 The Client shall indemnify and hold harmless the Dog Care Professional and Urban Wolves of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to the work of the Dog Care Professional. The Client agrees that Urban Wolves will not be held responsible for any loss, injury or death that occurs while their dog(s) are in the care of Urban Wolves.
20.2 The Client agrees that Urban Wolves will not be held liable for any consequential damages or damages beyond the replacement value of their dog(s).
20.3 The Client agrees that they are responsible for any veterinary bills, and any costs incurred if their dog(s) causes injury to property, another dog/animal or human whilst they are in the care of Urban Wolves.
20.4 The safety of canines is very important to Urban Wolves, so it is important that any health or behaviour issues are declared. By signing this form, the Client agrees to and understands Urban Wolves’ Terms of Agreement and has declared all necessary information regarding their dog’s health and/or behaviour problems. The Client also understands the risks that may occur on our offsite walks.
These terms do not limit liability of Urban Wolves under the Consumer Guarantees Act.