Dogs B&B engages persons known as Minders from time to time on a contract basis in the course of carrying on its business.
B. The Minder desires to be engaged on a contract basis to supply dog minding services as may be required by Dogs B&B from time to time on terms and conditions agreed by the parties.
C. In consideration of Dogs B&B agreeing to contract the Minder, the Minder has agreed to enter into this Agreement.
NOW THIS AGREEMENT WITNESSES:-
This Agreement commences on the signing of it and shall continue until it is cancelled by either party.
Agreement as to Dog Minding Services
2. (i) In consideration of Dogs B&B agreeing to use the Minder and pay the Minder the price agreed from time to time, Dogs B&B agrees to refer dog owners to the Minder on the terms and conditions contained in this Agreement.
(ii) By accepting any dog for minding, the Minder acknowledges consent and acceptance of such dog and waives any rights to claim any loss or damage from Dogs B&B or its owner no matter how this may have been caused.
Supply of Dog Minding Premises
3. The Minder shall at his or her sole cost and expense supply premises for dog minding together with all labour and consumables including food obtained from the dog’s owner for the efficient conduct of the business.
Premises and Care
4. (i) The Minder must:-
provide such accommodation as is necessary for the conduct of the dog minding services.
keep the premises and all other areas in which the dog minding services are carried out in a clean, tidy and sanitary condition at all times;
provide adequate shelter, access to drinking water,
take all practical measures to provide adequate security, including attaching a Dogs B&B dog tag to the visiting dog when dog arrives
never allow Owner’s dog off lead outside of Minders’ property at any time unless specifically requested by Owner in writing
ensure that their animals are fully vaccinated, wormed and covered for flea control
(ii) The Minder must make appropriate arrangements with the owner for the supply of food and any other known medications.
(iii) Subject to the terms of the attached Owner’s Agreement, any dog in the care of the Minder under this agreement shall be at the risk of the Minder from accident, illness or misadventure of any description. If any dog is apparently suffering from illness or accident then the Minder must promptly give notice to Dogs B&B and in case of emergency, obtain the services of a Veterinary Surgeon.
(iv) This Agreement shall not limit any legal rights which the Minder may otherwise have against any dog owner.
5. The Minder must permit Dogs B&B or its agents to enter the premises during normal business hours, after giving reasonable notice except in cases of emergency:-
to introduce dog owners to the Minder;
(ii) to inspect the premises;
to do anything necessary to comply with orders or notices of any authority; and,
to remove at its sole discretion any dog in the care of the Minder supplied pursuant to this Agreement.
The Minder shall be solely liable for and keep him or herself insured against all actions, proceedings, claims and demands of any nature or kind whatsoever which any person may have or claim to have arising out of or in any way incidental to the performance of this Agreement.
7. (i) Dogs B&B must collect entire fee payable prior to delivery by the owner of any dog to the Minder for minding purposes.
(ii) Dogs B&B must pay the agreed minder’s fee within seven days of the completion of minding.
Restraint of Trade
8. (i) The Minder must not accept any repeat business other than pursuant to the terms of this Agreement with any owner introduced by Dogs B&B within a three year period from the completion of any dog minding services provided to that owner or with any other person who may reasonably be associated with that dog owner.
(ii) It is acknowledged that the Minder does not provide services exclusively for Dogs B&B.
9. The Minder shall indemnify Dogs B&B against all losses, liabilities, costs and expenses incurred which arises from the dog minding services provided by the Minder under this Agreement.
10. This Agreement shall be governed by the laws of the State of Victoria and the parties expressly submit to the jurisdiction of the courts of that state.
Any failure by Dogs B&B to require full or partial performance of any provision of this Agreement or enforce any provisions of this Agreement will not in any way affect Dogs B&B’s right to subsequently require such performance or subsequently enforce the provisions of this Agreement.
12. Any notice required to be given under this Agreement will be deemed to have been received fortyeight hours after posting by ordinary prepaid post or if sent by facsimile transmission shall be deemed received on proof of dispatch to the address of the other party as stated in the Agreement or as may subsequently have been notified to the sender by the addressee.
EXECUTED BY THE PARTIES AS A DEED