SCOOP MASTER SERVICE AGREEMENT
Background:
This Service Agreement (“Agreement”) is entered into between: The Scoop Master, LLC located at 56 Ridgeway Street, Newington, CT 06111 (“Scoop Master”, “Party”, “Parties”); and you the Client (“Client”, “Party”, “Parties”).
Services
1. Scoop Master agrees to provide the services listed in Schedule 1 of this
Agreement (“Services”).
Payment
2. The Client agrees to pay to Scoop Master all fees as quoted
3. Payment for the Services will be by:
a. Credit or debit card;
b. Personal cheque;
c. Cashier cheque;
d. Cash;
e. Peer-to-peer payment app;
f. Money order; or
g. Wire transfer.
Scoop Master Obligations
4. Scoop Master shall furnish the labor, materials, and supplies necessary to
perform the Services in accordance with the terms and conditions contained
in this Agreement. Upon every completion of the Services, Scoop Master will
remove all materials, supplies, and other debris.
5. Scoop Master shall perform the Services in a workmanlike manner, in
compliance with all restrictive covenants and homeowners’ association
requirements.
6. Scoop Master shall comply with all applicable laws, ordinances, rules,
regulations, and orders of public authorities for the safety of persons and
property.
Client Obligations
7. The Client shall provide Scoop Master with all necessary information prior to
Scoop Master commencing the Services.
8. The Client shall provide Scoop Master, its employees, and agents access to
the Work Area of the Property while Scoop Master
performs the Services.
9. Client shall pay all of Scoop Master’s invoices on time.
10. Client shall keep all pets inside their home and outside of the Work Area while Scoop Master performs the Services.
Force Majeure
11. Scoop Master shall not be responsible for any claims or damages resulting
from any delays in performance or non-performance of the terms of this
Agreement due to unforeseen circumstances out of Scoop Master’s
reasonable control.
12. The Client agrees that the completion date of the Services is subject to
weather conditions.
Limitation of Liability
13. Scoop Master shall not in any circumstance be liable for any loss of profit,
goodwill, business, business opportunity, indirect, special, consequential, or
punitive damage arising from this Agreement.
14. In no event will Scoop Master be liable for any amount exceeding the
purchase price paid by the Client for the Services giving rise to the claim.
Liability for Damages and Injuries Caused by Pet
15. The Client shall be strictly liable for any injuries or damages caused by its pet
to Scoop Master, its employees, or its agents during the performance of the
Services.
16. In the event of any case, controversy, or dispute that arises out of an injury
that the Client’s pet causes to Scoop Master, its employees, or its agents, the
Client agrees to waive any argument or claim that Scoop Master, its
employees, or its agents were trespassing, committing any tort, or otherwise
teasing, abusing, or tormenting the pet.
17. The Client agrees to defend and indemnify Scoop Master against any claims
that arise from injuries caused by its pet to third parties during the
performance of the Services.
Amendments
18. No amendment of the terms in this Agreement will be effective unless it is in
writing and signed by both parties.
Governing Law
19. The terms of this Agreement will be governed and construed in accordance
with the law of Hartford, Connecticut.
Dispute Resolution
20. The Parties shall attempt to resolve all disputes related to this Agreement. If
Parties do not reach a resolution, the Parties agree thereafter that any
controversy, claim, or dispute arising under or in connection with this
Agreement, be submitted to final and binding arbitration for resolution using
the American Arbitration Association’s (“AAA”) Commercial Rules then in
effect. The Parties shall attempt to agree upon an arbitrator. If the Parties fail
to agree upon an arbitrator, the AAA will select the arbitrator pursuant to the
AAA Commercial Arbitration Rules then in effect. The arbitrator shall draft an
award explaining its ruling. The losing party shall bear the cost of arbitration.
An arbitration will be binding and conclusive. Judgment upon an award may
be entered and enforced in any court of competent jurisdiction. Each Party
waives its right to a jury trial.
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Entire Agreement
21. This Agreement, including any schedules, constitutes the entire agreement
between the Parties, and supersedes and extinguishes all previous
agreements, promises, warranties, representations, and assurances between
them, whether written or oral.
Notices
22. Any notice or other communication given to a party in connection with this
Agreement must be in writing, and shall be:
a. Delivered either by hand, by pre-paid first-class post, or by other next
working day delivery service, at the receiving party’s postal address
provided in this Agreement unless otherwise stated; OR
b. Sent by email to the email address specified in writing as being a
suitable address for service.
Waiver
23. No Party will be deemed to have waived any provision of this Agreement
unless such waiver is expressed in writing.
24. No failure or delay by a Party to exercise any right or remedy provided under
this Agreement or by law will constitute a waiver of that or any other right or
remedy, nor will it prevent or restrict the further exercise of that or any other
right or remedy.
Miscellaneous
25. This Agreement will be binding upon and the parties and their
representatives. The provisions of this Agreement are severable, meaning if
any provision is invalid or unenforceable, it will not affect the validity and
enforceability of the rest of this Agreement.
26. This Agreement may be executed in one or more counterpart. Each
counterpart will be considered an original.
27. Inclement weather may make it hazardous or impossible to make a scheduled cleanup. In this event, we will be responsible for servicing your yard as soon as possible. We will work through rain if its a light drizzle but in the interest of your yards best upkeep, we may skip servicing your yard in torrential downpours or extreme weather.
28. We do not provide services on major US holidays. If your service date falls on one of these dates we will schedule you for the soonest available time.
29. If for any reason your pet(s) will not be using the yard for a certain period (i.e. vacation, illness, etc.) and you do not wish to be charged for an unnecessary visit(s), please let us know at least 3 business days in advance of your scheduled service date to pause the service.
30. If we cannot access your yard for any reason, if we are hampered by inclement weather, or if your yard is not serviceable due to tall grass or debris, we reserve the right to skip the service and you will be charged 50% of the amount of the scheduled service. Reason for this charge: because service was skipped the dog poop was not picked up on the skipped service date and must be picked up along with normal accumulations by The Scoop Master on the next scheduled service date.
31. Snow policy: In the unlikely event that we cannot make it out to your property within a reasonable time frame of your original service day the following billing procedures will apply. Hopefully we never have to put this into effect.
- All missed days will be billed 50% of the the regular weekly fee.
- Twice a week customers will be billed for once a week service unless both days are missed in which case they will be billed half of the usual twice a week fee.
- There will be a two consecutive week limit on any snow charges. Meaning that if for some reason we are unable to service your yard for more than two weeks in a row; you will not be charged for the remaining missed days.
- Please note that when snow is expected your service day may be changed. That way we will be able to clean your yard before the snow hits.
- If your service day is missed due to snow; we will be out as soon as possible to prevent any excessive accumulation of waste in your yard.
By accepting and initiating service, both parties agree to the above terms and responsibilities.
