Stay Sitters Terms and Conditions

Acceptance of Terms

 

These Terms of Service (the “Terms”) are a binding legal agreement between you (“client,”” you,” and ”your”) and Info2Go, LLC, DBA Stay Sitters, a company incorporated under the laws of Georgia, DeKalb County and the City of Dunwoody, with a registered office at 4673 Devonshire Road, Dunwoody, GA 30338 (“Stay Sitters,” “we,” “us” and “our”). The Stay Sitters Privacy Policy and other Policies applicable to your use of Stay Sitters are incorporated by reference into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS YOU ACCEPT ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE STAY SITTERS.

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You understand and agree that we may change the Terms from time to time. Your continued access and use of Stay Sitters after we post the modified Terms will constitute your consent to be bound by the modified Terms.

 

Certification of Compliance with Applicable Law

By using Stay Sitters, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, Stay Sitters.

• For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Stay Sitters

 

Stay Sitters Service

Stay Sitters is a provider of pet walking and pet sitting services.  These services are based out of the Client’s residence.  We will not care for pets at other facilities or locations unrelated to the Client.  We do not provide veterinary services or veterinary medical care.

 

Security of Premises / Access to Home by Others
Stay Sitters accepts NO responsibility for security of the premises, any damages, loss, or injuries to your home or pet(s) if directly or indirectly by the actions or negligence of other individuals who may have access to the home during the term of this agreement.  Client must notify Stay Sitters if others (friends, family members, service technicians, etc.) will have access to the home during an absence by the owner.  Pet care will be performed only by Stay Sitters during all assignments unless prearranged with Client.

 

Medical Expense / Damages / Aggressive Pets
Client will be responsible for all medical expenses and damages resulting from injury to the pet sitter or other persons by the pet.  Client agrees to indemnify and hold harmless Stay Sitters in the event of a claim by any person injured by the pet.  Client also agrees that it is their responsibility to notify Stay Sitters of any pet that has caused an injury to any human.  If a pet has a history of biting or other aggressive behavior, Stay Sitters reserves the right to refuse service.  Bites must be reported to the local authorities as provided by law.  The Client will be liable for the caregiver’s medical care expenses and damages that result from an animal bite.

 

Cancellations
A 24-hour cancellation notice is requested for all single daily visits. Cancellations made after 7AM on the date of service will be charged the full fee of the value of that service. A 48-hour cancellation notice is required for all scheduled multi-day/vacation visits. No credit will be given for early returns without a 24-hour notice.  All holiday reservations require a 10-day notice for changes and cancellations or Client will be charged for reserved services. Thanksgiving, Christmas and New Year’s reservations MUST be prepaid and cancellations are non-refundable.

 

Last-Minute Requests
Same day requests are subject to a $10 surcharge per visit.  When there is availability, we will do our best to accommodate your last-minute needs.

 

Emergencies: We recommend that Pet Owners give Stay Sitters contact information where they can be reached in the event medical care for a pet becomes necessary. Stay Sitters agrees to immediately contact Pet Owners in the event such care becomes necessary. If you are a Pet Owner, you hereby authorize Stay Sitters to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Stay Sitters. If Stay Sitters reaches you with a request to authorize medical care for your pet and you refuse, you release Stay Sitters for any injury, damage or liability arising from failure to seek such care. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Stay Sitters to charge your credit card or other payment method for such costs. Stay Sitters recommends that all users have adequate pet insurance to cover the costs of veterinary care.

 

Unsecured Pets
Stay Sitters is not responsible for or will not be liable for free roaming outdoor pets in the event of any fines, illness, injury, loss or death.  This includes pets that are secured with invisible fencing.  It is strongly advised that all pets have some form of permanent identification and that they remain inside the home or confined to a yard or pen for their own safety and welfare in your absence.

Loss or Damage
Stay Sitters is not liable for any loss or damage in the event a burglary or other crime that should occur while under this contract. Pet owner agrees to secure the home prior to leaving the premises.  Stay Sitters will re-secure the homes at the best of his/her ability at the end of each visit.

 

Estimated Arrival Times
All arrival times are estimated and can be affected by traffic, weather, and other situations that may arise which are out of the control of Stay Sitters.

 

Security Systems
It is the responsibility of the Client to provide Stay Sitters with codes, passwords, and clear directions necessary to arm and disarm security systems.  Stay Sitters will not be responsible for any false alarm fines incurred if necessary information to operate security system is not provided.  It is up to the Client to see that all keys on the keypad are in working order. Please alert Stay Sitters to any outdoor security systems as well (lights, cameras, sensors, etc.).

Job Sharing
We will not share pet sitting assignments with other pet sitters or pet sitting companies. 

Veterinary Release
If client’s pets appear ill, injured, or are at a significant risk of experiencing medical problems at the start of service or while in the care of Stay Sitters, client gives permission for Stay Sitters to seek veterinary service from a veterinarian listed on the release form.  Other veterinarians or emergency care clinics chosen by the care provider are acceptable. 

Client understands that efforts will be made to be contacted regarding any treatment, illness, injury, or potential problems as soon as the condition is deemed not life threatening and/or contact is possible.   Client understands that Stay Sitters care providers work hard to prevent accidents and injuries, and that such problems may occur no matter how well a pet is cared for.  Client agrees to allow Stay Sitters to use their best judgment in handling these situations, and understands that Stay Sitters assume no responsibility for the actions and decisions of the veterinary staff, the health, or death of pet(s).

Client will assume full responsibility for the payment for any and all veterinary services rendered, including but not limited to diagnosis, treatment, grooming, medical supplies, and boarding.  Client also agrees to be responsible for all Special Service fees assessed by Stay Sitters for emergency transportation, care, supervision, or hiring of emergency caregivers, and will pay such fees within 14 days of each incident.

Client further authorizes Stay Sitters and primary veterinarian(s) to share all of the medical records for all pets with veterinary clinics in an emergency in the interest of providing the best care for ill or injured animal(s).

Every dog and cat at the site of service will be current (per veterinarians’ recommendations) on its rabies vaccinations prior to the arrival of any caregiver.  Client will also make arrangements to guarantee that each animal will remain current on its rabies vaccinations throughout each service visit period.

This agreement is valid from the date below and grants permission for future veterinary care without the need for additional authorization each time Stay Sitters cares for one or more of client’s pets. Client understands that this agreement applies to all of the pets in Stay Sitters care.  By accepting these terms, client agrees that he has the sole authority to make health, medical, and financial decisions regarding the pets that will be scheduled to receive service.

Weather Extremes

During severe weather conditions such as flooding, severe thunderstorms, severe heat or tornadoes, Stay Sitters will continue service as soon as it is safe to travel and will advise you of any changes to your pet sitting schedule.

 

Plants
Stay Sitters is not responsible for plant service – unless otherwise specifically arranged by Client and Stay Sitters.

Keys
Clients using keyless entry systems agree to provide all codes and location of backup key.  In the event that keys are not useable beyond Stay Sitters control Client authorizes Stay Sitters to call on the services of a locksmith to gain entry into Client’s home on Client’s behalf. Client will be responsible for all expenses incurred.

 

Client Return
Client must notify Stay Sitters when you have returned home.  If we make additional visits, you will be charged for those visits.

 

Photo Release
Client gives Stay Sitters permission to take photographs of Client’s pet for business use.  Photos taken are the property of Stay Sitters.

Termination
Stay Sitters reserves the right to terminate this contract at any time if Stay Sitters, in their sole discretion, determines that Client’s pet poses a danger to the health or safety of itself, other pets, other people, or the Pet Sitter. If concerns prohibit Stay Sitters from caring for the pet, the Client authorizes the pet to be placed in a kennel (or previously arranged locale), with all charges (including but not limited to transportation, kenneling, tranquilizing, treating, accessing, and liability) to be the responsibility of the Owner.

 

Privacy

Our collection and use of your personal information on Stay Sitters is described in our Privacy Statement. By accessing or using Stay Sitters, you acknowledge that you have read and understand the Privacy Statement posed on www.staysitters.com.

 

Third Party Services, Links

Stay Sitters website may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Indemnity

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD STAY SITTERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) breach of these Terms; (2) disputes with other users of Stay Sitters; (3) your misstatements, misrepresentations, or violation of applicable law; (4) property damage or personal injury to third parties caused by your pet or pets in your care; YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

 

Intellectual Property

Stay Sitters Service

Except for your rights to access and use Stay Sitters set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into Stay Sitters any feedback or suggestions for improvement that you provide to us concerning Stay Sitters, without any obligation of compensation.

 

Stay Sitters Trademarks

Stay Sitters owns all rights in and to its trademarks, service marks, brand names and logos (the “Stay Sitters Marks”).

 

Governing Law and Jurisdiction

These Terms, and any dispute between you and Stay Sitters, will be governed by the laws of the State of Georgia, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Stay Sitters must be resolved exclusively by a state or federal court located in the State of Georgia. You and Stay Sitters agree to submit to the personal jurisdiction of the courts located within Dunwoody, Georgia for the purpose of litigating all such claims or disputes.

 

Payment Policy
Payment for dog walking or pet sitting services is to be paid in full at the completion of service.  If payment is not received within 30 days Client is subject to a $35.00 late fee.

 

Holiday Fees
A holiday surcharge of time and a half will be charged for all major holidays and a surcharge of $10/visit during our "holiday periods" which are heavily traveled dates surrounding major holidays (listed below). All reservations on a major holiday or in a holiday period must be prepaid and cancellations are non-refundable.

 

Major holidays: New Year’s Eve, New Year’s Day, Easter Sunday, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.

 

Holiday periods: December 18th - January 2nd, 2 days before or after Easter, 2 days before or after Memorial Day, July 1st - July 7th, 2 days before or after Labor Day, and 4 days before and after Thanksgiving.

 

Currency: All fees, deductible amounts and other payments referenced on, or charged through, Stay Sitters are listed and payable in US Dollars.

 

Authorization to Charge: When you pay for services on Stay Sitters, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. You authorize us to charge your credit card or other payment method for fees you incur with Stay Sitters as they become due and payable, and to charge any alternative payment method Stay Sitters has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Stay Sitters nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via Stay Sitters are non-refundable once paid.

 

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH STAY SITTERS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 

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Arbitration Agreement; Claims This Section is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described below, you and Stay Sitters (together, the “Parties”) agree that any and all disputes or claims that arise between you and Stay Sitters relating to Stay Sitters and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (3) claims that, as a matter of applicable law, cannot be made subject to arbitration.

 

Agreement to Arbitrate Unless you opt out of the Arbitration Agreement in accordance with the procedure described below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief  YOU AND STAY SITTERS AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND STAY SITTERS AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER STAY SITTERS SERVICE USERS.

 

Pre-Arbitration Dispute Resolution Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at staysitters@gmail.com or by mail at Stay Sitters, 4673 Devonshire Road, Dunwoody, GA 30338. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.

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Arbitration Procedures The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with your choice of the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration, and the ICDR Rules are available at https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.

 

The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 USD or less, you or Stay Sitters may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Stay Sitters subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Stay Sitters, unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Stay Sitters users, but is bound by rulings in prior arbitrations involving the same Stay Sitters user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

 

Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Stay Sitters, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Stay Sitters will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stay Sitters will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Stay Sitters for all fees associated with the arbitration paid by Stay Sitters on your behalf that you otherwise would be obligated to pay under the JAMS or ICDR Rules.

 

Confidentiality All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

Severability If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.

 

Opt-Out Procedure You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Stay Sitters, 4673 Devonshire Road, Dunwoody, GA 30338. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for Stay Sitters to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

Future Changes to this Arbitration Agreement Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Stay Sitters prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Stay Sitters prior to the effective date of removal.