Terms of Service
Client Terms of Service & Liability Release While You're Away, LLC – Template for attorney review; not legal advice By creating an account or booking a service through whileyoureawaystays.com, you agree to these terms. 1. About the Platform While You're Away, LLC (the "Company") operates a booking platform connecting clients with independent pet care providers ("Sitters"). Sitters are independent service providers, not employees or agents of the Company. The Company facilitates booking and payment; the Sitter performs the services. 2. Services Services are performed in the Client's home as described in the booking confirmation. The Client agrees to provide accurate, complete information about their pets, home access, and any hazards. 3. Eligibility & Accounts You must be at least 18 years old to create an account or book services. You are responsible for the accuracy of your account information and for keeping your login credentials secure. You are responsible for all activity that occurs under your account. The Company may suspend or close accounts for misuse, nonpayment, unsafe conditions, or abuse of Sitters. 4. Home Access The Client authorizes the assigned Sitter to enter the home during the booked service period using the access method provided. Keys and codes are kept confidential and used only for booked services. The Client is responsible for ensuring the access method works; lockouts caused by faulty codes or keys may result in a trip fee. 5. Pet Health & Behavior Disclosure The Client certifies that all pets are current on vaccinations required by law, including rabies where applicable. The Client has disclosed any history of biting, aggression, escape behavior, medical conditions, and medication needs. The Client remains responsible for injuries or damage caused by their pet, including injuries to the Sitter or third parties, to the extent provided by law. Undisclosed aggression or illness may result in immediate termination of service with no refund, and the Client may be responsible for resulting costs. 6. Veterinary Care Authorization If a pet appears ill or injured and the Client cannot be reached promptly, the Client authorizes the Sitter to seek veterinary care. The Client agrees to reimburse veterinary costs up to $[amount] without prior approval, and any amount above that with approval where reasonably possible. Preferred veterinarian: [name / clinic / phone]. 7. Emergency Contact & Abandonment Emergency contact name and phone: ____________________________. If neither the Client nor the emergency contact can be reached, the Sitter and Company will use reasonable judgment in the pet's best interest. If the Client fails to return at the scheduled time and cannot be reached within 24 hours of the booking end, the Company may continue care at the Client's expense at the then-current rate, and after [7] days may treat the animal as abandoned and transfer it to a licensed shelter or rescue, as permitted by Texas law. 8. Fees, Cancellation & Late Return Rates are as published on the current service menu or quoted at booking. Prices may change; the rate confirmed at booking applies to that booking. Cancellations with less than [48] hours' notice are charged [50]% of the booking; same-day cancellations are charged in full. A $25 flat fee applies if the Client returns later than the agreed end time without arranging extended service. Major holidays are charged at +20%. Payment is processed through the platform. Chargebacks initiated without first contacting the Company may result in account closure. 9. No Direct Booking Around the Platform Clients introduced to a Sitter through the Company agree not to arrange or pay for services with that Sitter outside the platform for a period of [12] months. This protects the Sitters and keeps the Company's insurance, records, and support applicable to your bookings. 10. Prohibited Conduct Requesting services outside the scope of what was booked, or tasks that are unsafe or illegal. Harassment, discrimination, or abusive conduct toward Sitters. Leaving firearms unsecured, illegal substances present, or hazardous conditions in the home during service. Misrepresenting the number, type, or temperament of pets in the home. 11. Photos, Updates & Privacy The Client consents to receiving photo and text updates during service. The Company collects only the information needed to provide services and does not sell client data. The Client may opt in or out of the Company using pet photos (never identifying the home or address) in marketing: [ ] Yes [ ] No 12. Limitation of Liability & Release The Client releases the Company and the Sitter from liability for events beyond their reasonable control, including illness or injury arising from a pet's pre-existing condition, undisclosed behavior, or hazards not disclosed by the Client. The Company's total liability for any claim is limited to the amount paid for the booking at issue, except where such limitation is not permitted by law. Nothing in this Agreement limits liability for gross negligence or willful misconduct. 13. Indemnification The Client agrees to indemnify and hold harmless the Company and the assigned Sitter from claims, damages, and costs arising from the Client's pet, the condition of the Client's property, or the Client's breach of these terms. 14. Dispute Resolution The Client agrees to contact the Company first to resolve any dispute. If unresolved within 30 days, disputes will be resolved in the state or federal courts located in Harris County, Texas. [Optional – discuss with counsel: binding arbitration and class action waiver.] 15. Changes to These Terms The Company may update these terms. Material changes will be communicated by email or at login, and continued use after notice constitutes acceptance. The version in effect at the time of a booking governs that booking. 16. General This Agreement is governed by the laws of the State of Texas and is the entire agreement between the parties regarding its subject. If any provision is found unenforceable, the remainder stays in effect. _________________________________ Client signature / Date _________________________________ Printed name / Address of service