I/we (hereafter referred to as “Client”) agree to hold harmless Danielle Robertson (hereafter referred to as “Consultant”) for her attempt to locate my missing pet. Furthermore, I understand the following:
Lost Pet Consultations and Online Materials
I understand that Consultant provides services, advice, and expertise. I am solely responsible for following the advice of Consultant. If I decide to ignore or discount any advice, I acknowledge that I might be risking the safe return of my pet. Consultant cannot accept responsibility for my lack of action. I understand that it requires commitment and work on my part to get my pet back safely.
I understand that in following the advice of Consultant, I am ultimately responsible for the results of my actions. I understand that searching for my lost pet involves certain risks, including but not limited to, injury, death, animal bites and scratches. I agree to indemnify, defend and hold Consultant, her independent contractors, volunteers and heirs harmless for any claims by myself or third parties arising out of, or related to, the search for my pet except for claims based on the intentional or reckless conduct of Consultant. I agree to comply with all laws and local ordinances (including laws against trespassing) during the search and take full responsibility for my failure to do so. I understand that using recovery methods such as setting up feeding stations and using humane traps, involve certain risks, including but not limited to, physical contact with animals, extreme weather, and possible injury or death to my pet, myself or other animals.
I understand that Consultant is not a licensed private investigator (as defined in M.G.L. Chapter 147 Section 22) although she may be referred to as a “pet detective.” As such, Consultant does not provide investigative services and Client is advised to hire a licensed private investigator if they require these services such as if you suspect that your pet has been stolen. Consultant provides education on lost pet behavior, physical searches similar to search and rescue operations, and assistance with capture of loose pets.
I understand that participating in and observing search and recovery work for lost pets involves certain risks, including but not limited to, physical contact with animals, extreme weather, dangerous terrain, and other conditions. If I accompany Consultant, her contractors or volunteers on a search, I assume any and all risks involved, whether or not they have been explained to me. In addition, I take full responsibility for myself, my family or individuals I may ask to voluntarily assist in the search for my pet.
If I agree to utilize the search dog, Dante, to help locate my missing pet, I understand that he has not been certified through Missing Pet Partnership or any other entity. Furthermore, I understand that Dante is an area search dog (a.k.a. cat detection dog) who is trained to locate any cat, and he is not a scent-specific tracking dog. I understand that Consultant does not recommend the use of the search dog in all cases and generally less than 20% of cats are found during the search with a search dog. Dante is trained to search yard-by-yard for any cat, and it is the Client’s responsibility to acquire verbal or written permission from property owners before the search dog enters any private property.
In the case that the Client desires a tracking/trailing dog, Consultant may refer them to other search dogs available in their geographic region. However, Consultant makes no representations, warranties or guarantees as to, and assumes no responsibility for, the lost pet services provided by these individuals, and Consultant expressly disclaims all liability for damages or loss of any kind arising out of the use or performance of services provided by these search dog teams. Furthermore, I understand that only a small percentage of lost pets (generally less than 20%) are located during the search with the search dog, and in many cases, other search techniques may be more effective than using a search dog.
I understand that I am responsible for the replacement cost of any equipment that becomes lost, stolen, or damaged (to the extent that it no longer adequately functions) during the time it is in our care. Equipment includes, but is not limited to: humane traps, surveillance cameras, and trap alarms. A deposit for the replacement cost of the equipment is required at the time of rental. This will be returned to Client within one week after equipment is received back by Consultant minus any outstanding rental fees or replacement costs of lost/stolen/damaged equipment. I understand that I am responsible for the cost of returning rental equipment to Consultant whether Client chooses to mail equipment or pay Consultant to pick up equipment. It is also the Client’s responsibility to obey trespassing laws and secure permission before places surveillance cameras or traps on property other than their own.
Feeding Stations and Humane Trapping
I understand that the use of certain search and recovery techniques such as feeding stations and humane traps involve risks, including but not limited to, physical contact with animals, extreme weather, and possible injury or death to my pet or other animals. A feeding station may attract other animals that could chase, injure or kill your pet. If you set up a humane trap, you risk possibly injury or death to your pet or other animals (including other people’s pets) that become caught in the trap. To reduce the risk of injury or death, Consultant recommends constant surveillance of the trap either in person or via remote surveillance such as a trap alarm, wireless trail camera or video monitor. If Client cannot use surveillance, Consultant suggests frequently checking the trap every one to four hours. In hot or cold temperatures, you should check the trap more frequently and provide adequate water and/or shelter.
Posters and/or Flyers
I understand that my city/town may have laws and local ordinances relating to the posting and/or distribution of posters and/or flyers. I also understand that it is against Federal Law to place materials in anyone’s mailbox. It is the Client’s responsibility to learn and follow all laws and local ordinances, and Client agrees to not hold Consultant responsible for violation of these laws or ordinances under any circumstances.
Fees and Refunds
I understand that although Consultant endeavors to help and assist in the return of my missing pet, she does not guarantee that by using her services my pet will be found. Client pays for services based on the use of time, travel, expenses, and efforts. For this reason, Consultant does not refund for services rendered.
Lost Pet Phone Consultation:
- No cancellation fee if Consultant is notified of cancellation prior to scheduling a consultation time and no website materials were emailed such as a Lost Pet Search Plan or access to the Online Lost Pet Recovery Instructions (excludes the Lost Pet Questionnaire and Lost Pet Checklists).
- $20 cancellation fee if Consultant is notified of cancellation after consultation time has been scheduled and/or website materials have been emailed to Client. This includes any Lost Pet Search Plans or access to the Online Lost Pet Recovery Instructions, but it excludes the Lost Pet Questionnaire and Lost Pet Checklists.
- $40 cancellation fee is Consultant is notified less than 2 hours prior to scheduled consultation. In some cases this fee may be reduced to $20.
- $60 fee if Consultant is not notified prior to the scheduled time of consultation or if Client is unable to be reached at the scheduled consultation time. If there are extenuating circumstances, the Consultant may offer to reschedule with a reduced or waived fee.
On-Site Services (includes but is not limited to physical searches with or without search dog, rental of humane traps or surveillance cameras, assistance trapping, and posting of flyers or posters):
- On-Site Services generally include the purchase of a consultation. If an On-Site Reservation fee is paid and a phone consultation is started, then the Phone Consultation fee ($120) is still due even if the On-Site Services are cancelled. Additional cancellation fees may also apply (see below).
- No additional cancellation fee if Consultant is notified of cancellation at least 24 hours prior to scheduled On-Site Services and no website materials were emailed such as a Lost Pet Search Plan or access to the Online Lost Pet Recovery Instructions (excludes the Lost Pet Questionnaire and Lost Pet Checklists).
- Client agrees to pay a $20 cancellation fee if Consultant is notified of cancellation after on-site assistance time has been scheduled and/or website materials have been emailed to Client. This includes any Lost Pet Search Plans or access to the Online Lost Pet Recovery Instructions, but excludes the Lost Pet Questionnaire and Lost Pet Checklists.
- If canceled less than 24 hours prior to scheduled on-site services, Client agrees to pay an additional $40 cancellation fee and any travel fees (at a rate of $1/mile) if Consultant is already en route. Cancellation fee may be reduced to $20 at discretion of Consultant.
- If Client has pre-paid for any services not yet rendered (except posters, flyers or business cards that have already been created or ordered), these fees will be refunded minus the above cancellation fees.
I acknowledge that I have read this Services Agreement/Release of Liability, and I understand and agree to all of its terms. This release supersedes any other agreements or promises made to me by anyone, whether oral or written, and can only be modified in writing by Consultant.
version 2.6 (10/16/17)