This is an agreement between Creature Comfort Custom Concierge Care, LLC, a Virginia limited liability company (“Creature Comfort”), and:
(“Contractor”), an independent businessperson skilled in pet care. This agreement is considered accepted by Contractor by application of Contractor’s signature below, and accepted by Creature Comfort upon a return e-mail indicating receipt of this agreement.
Creature Comfort is a pet services and concierge company that offers a variety of services to busy owners of households and pets. Contractor desires to render services to Creature Comfort, supporting Creature Comfort’s services to its clients.
The parties therefore agree as follows:
Obligations of Contractor
1. Services - Contractor shall perform individual services as mutually agreed by Contractor and Creature Comfort, which may include walking dogs, pet sitting, house sitting, pet taxi service, overnight pet sits in a client’s home, boarding in Contractor’s home or office location, and/or concierge services. The precise services Contractor provides to Creature Comfort clients may be modified, extended, or curtailed as mutually agreed by Contractor and Creature Comfort and its clients.
2. Devotion of Skill and Attention - Contractor shall devote his or her skill, labor, attention, and best energies to the individual services assigned and to Creature Comfort’s clients. Services assigned must be completed in a professional manner. Contractor may accept or decline any assignment, however should Contractor accept an assignment, Contractor must then complete it unless Contractor notifies Creature Comfort in writing (as described in Clause 19 of this agreement) and Creature Comfort is able to assign the service to another worker, thus releasing the Contractor from the assignment via return written notice.
3. Time, Place, and Method of Implementation - The time, place, and method of implementation is left to the judgment of the Contractor, taking into account stated client wishes. Contractor is free to communicate directly with clients if they wish.
4. Confidentiality of Client Information - Contractor will be provided with personal information about Creature Comfort clients, such as names, addresses, contact information, security codes, etc. Contractor must keep this information in the strictest confidence.
5. Care of Client Property - Contractor may be provided with possession of Creature Comfort client property, such as keys, to allow Contractor to perform his/her duties. Contractor shall take reasonable care to safeguard such property. Contractor shall return client property to Creature Comfort immediately on Creature Comfort’s request. Contractor shall return client property to either Creature Comfort or client immediately on client’s request.
6. Invoicing - Contractor shall ensure that the Creature Comfort LeashTime system accurately reflects his or her completed services for the pay period at the end of every pay period and shall confirm that the accounting provided by Creature Comfort prior to payment for each pay period matches his or her records.
Obligations of Creature Comfort
7. Payment - For the services Contractor provides, the parties have negotiated that Creature Comfort shall forward the following portions of client payments to Contractor:
• The above agreed percentage of the client fee for each pet sit or dog walk performed, except for introductory visits, for which Contractor receives 30% of the client fee; and boarding, overnight care, pet taxi, concierge services, and day care/play dates, for which Contractor receives 70% of the client fee,
• 100% of tips earned,
• 100% of holiday fees earned,
• Other services as described and priced below:
Creature Comfort shall pay amount due to Contractor every other Friday via the means chosen below.
Relationship Between Contractor and Creature Comfort
8. Generally - Contractor is an independent contractor to Creature Comfort, and is not an employee of Creature Comfort. Creature Comfort makes no guarantee of work, and no guarantee of a particular type of work. Contractor may accept or decline any individual service offer without penalty, and may request to perform additional services if desired. All work shall be done at Contractor’s risk.
9. SSN and 1099 - Contractor shall provide Creature Comfort with his/her social security number and mailing address at or before the signing of this agreement. Failure to do so voids this agreement. Creature Comfort shall provide Contractor with an IRS Form 1099-NEC at the time required by law.
10. Responsibilities as an Independent Businessperson - Creature Comfort will not withhold taxes from payment to Contractor, unless required to do so by a court of law. Contractor is solely responsible for federal and state income taxes, FICA, and any other withholding items.
11. No Benefits, Supplies, or Equipment - Creature Comfort will provide no benefits to Contractor. Contractor is solely responsible for health and auto insurance, worker’s compensation insurance, and any other items that might be provided as benefits in an Employer-Employee relationship. Contractor must also provide their own supplies, transportation, and equipment.
12. Relationship With Other Parties - As an independent contractor, Contractor is free to provide services for other businesses and clients, including competitors to Creature Comfort, subject to the restrictions on such work contained in Clauses 4 and 17.
Term and Termination
13. Term - This agreement continues for a term of six months from the date signed by Contractor.
14. Termination - Either party may terminate this agreement at any time with written notice as described in Clause 19 or by letting the six month term of the agreement lapse. However, assignments accepted by Contractor prior to notice being given or the end of the term must still be completed unless released by Creature Comfort as described in Clause 2.
15. Return of Client Property - Contractor shall return client property to Creature Comfort on termination of this agreement unless an updated agreement is executed. Should Contractor fail to return client property on request or on termination of this agreement, Contractor shall pay the costs of rekeying, or other costs associated with securing clients’ properties, in addition to any other
remedies allowed herein.
16. Likeness - Creature Comfort may use Contractor’s likeness in its promotional material without further compensation or notification. If such permission is not granted, Contractor shall select the option below disallowing permission, with no penalty.
17. Restriction on Soliciting Creature Comfort Clients - During the term of this agreement and for a period of 6 months after termination of Contractor’s relationship with Creature Comfort, Contractor may not, directly or indirectly, provide services, solicit, become employed by, or have any business relationship with any Creature Comfort client without written permission of Creature Comfort’s owner. This provision does not prohibit activities other than pet sitting, dog walking, pet care, house sitting, and concierge services. Further provided, however, that Contractor is permitted to continue his/her relationship with all of the clients Contractor originally brought to Creature Comfort, all of which are identified below.
18. Negotiation for Private Services - Notwithstanding the restrictions in clause 17, above, should Contractor wish to provide services privately to a Creature Comfort client, and should that client wish to have Contractor provide such services, Creature Comfort will negotiate in good faith with Contractor to allow Contractor to provide those services, while still protecting Creature Comfort’s interest in its business and clients.
19. Written Notices - Each party may send required notices to the other via certified mail, courier, or express delivery service, or via e-mail or text message with appropriate follow-up to ensure the notice was received. The following locations apply:
For Creature Comfort:
3713 Burrows Avenue
Fairfax, Virginia 22030
(703) 609-7098 or (571) 451-8284
20. Entire Current Agreement - This agreement constitutes the entire agreement of the parties relating to the subject matter of this agreement and supersedes all other oral or written agreements.
21. Amendments and Waivers - No amendment of this agreement will be effective unless it is in writing and signed by both parties. No waiver of non-performance of an obligation under this agreement (per clauses 2 and 14) will be effective unless it is in writing from the party granting the waiver, and no such waiver will constitute a waiver of non-performance of any other obligation.
22. Severability - If any provision of this agreement is unenforceable to any extent, such provision shall be severed from this agreement and the remainder thereof shall remain in full force and effect.
23. Reassignment and Delegation - Contractor may not assign any right of this agreement or delegate any duty of this agreement without the prior written consent of Creature Comfort. Any purported assignment of rights or delegation of duties in violation of this clause is void.
24. Governing Laws - The laws of the Commonwealth of Virginia, without giving effect to principals of conflict of laws, govern all matters arising under this agreement, including all tort claims.
25. Jurisdiction of Legal Proceedings - Any party commencing any legal proceeding, including any tort claim, arising out of this agreement, may bring that proceeding in the United States District Court for the Eastern District of Virginia or any court of the Commonwealth of Virginia sitting in Fairfax County, Virginia. Each party hereby submits to the nonexclusive jurisdiction of those courts for purposes of any such proceeding. Each party hereby waives any claim that a legal proceeding brought in accordance with this section has been brought in an inconvenient forum or that the venue of the proceeding is improper.
26. Recovery - If any litigation or other legal proceeding relating to this Agreement is required by Creature Comfort, it shall be entitled to recover (in addition to any other relief awarded or granted) its reasonable costs and expenses, including attorney’s fees and costs incurred in such litigation or proceeding.