1. STANDARD PROCEEDURE AGREEMENT “Program Provider”: Northshore Animal Care Clinic Address: 1264
Miner St, Des Plaines, IL 60016 Telephone No.: 847-813-6363
Email address: [email protected]
“Client”:
Phone:
1. RECITALS
WHEREAS, Program Provider offers to you (e.g. pet owner) participation in a pet wellness program
(“Program”), which is not an insurance program, whereby it will provide to your services for pet
wellness care, facilities and equipment (“Services”), as well as, at the option of the program
provider and other services, at a fixed monthly fee for the pet owners who wish to use such
wellness care, supplies and other services based upon the wellness plan offered through the program
and chosen by you (“Plan”). WHEREAS, Program Provider will operate as the administrator of the
Program, will collect enrollment fees and monthly plan payments from you. You desire to participate
in the Program and receive wellness care and services from the Program Provider selected by you at
the rates hereinafter set forth. You understand that the Program is not an insurance program:
rather the Program is a prepaid pet wellness program with a fixed monthly payment. NOW THEREFORE,
in consideration of the foregoing and of the mutual covenants, promises and undertakings
hereinafter set forth, and intending to be legally bound hereby, the parties hereto agree as
follows
AGREEMENT
1. SERVICES
The Program Provider will provide the Services identified in the Plan selected by you for each pet
enrolled. The terms and conditions of the Plan are hereby incorporated by reference and available
online in the “Plan Terms” section. Program Provider has the right to spread out Services provided
under this Agreement over the Term.
2. PAYMENTS
You authorized Program Provider to collect the monthly payment of $ for the PLAN
chosen by you during enrollment. You also authorize Program Provider to collect from you an initial
enrollment fee of $49.00 per pet for enrollment in the Program (“Enrollment Fee”). Such initial fee
will only be charged on initial enrollment. If you fail to make the monthly payment (due to
declined credit card or otherwise) in any month,
Services will be immediately suspended by the Program Provider and remain suspended until all
amounts are fully paid. In the event that the account is not brought current within 15 days of
failed payment, Program Provider may at their discretion cancel the plan and all services performed
will be billed at full price from the beginning of the contract date with no credit applied for
monthly payments. This is a subscription, not a pre-paid plan. Any default on payments does not
allow for credit to be applied for previous services rendered.
1. Credit Card Authorization
You agree to pay, using a valid credit card, the fixed monthly charges and fees set forth (such as
the Enrollment Fee and the recurring monthly fee), applicable taxes, and other charges and fees
incurred in order to access Program Plan selected by you. Program Provider will automatically
charge your credit card or other account at the start of the Plan billing term and at the start of
each renewal Term, unless you terminate or cancel your Agreement as provided herein. The Plan
renewal Term charge will be the same as the prior Term’s charge, unless we notify you in advance at
the time of sign up or prior to the beginning of the renewal Term as described above. Each time you
use our Plan you reaffirm your agreement that we may charge your credit card (or other form of
payment, if applicable). In the event we cannot charge your account, we reserve the right to
terminate your access to our Plan. For purposes of your use of our Plan including identification
and billing, you agree to provide us with true, accurate and complete information as required by
the subscription or sign up process to our Plans (“Subscription Data”), including your legal name,
address, telephone number, email address and applicable billing information (e.g., credit card
number and expiration date), and to allow us to share your Subscription Data with third parties for
the purpose of verifying the information you provide and billing your credit card or otherwise
charging your account.
This Agreement shall become effective on the date the first Plan payment is collected, and
thereafter shall continue in effect from year to year unless terminated on its anniversary date by
either party through delivery of a written notice via email or U.S. mail at least Thirty (30) days
prior to such expiration date (“Term”). You agree to keep all contact information current with
Program Provider. You understand and agree that the selected Plan and the Veterinary Clinic
selected by you may not be changed during the Term of the Agreement.
1. Death of Pet
If the pet registered under the Program dies, it is at the Program Provider’s discretion to
determine if this Agreement shall terminate at the end of the month following the notifications of
such death. If determined to be terminated, then all services provided prior to termination (if
greater than program dues paid) will be due at regular prices. No further Plan payments are due
subsequent to such notification date. No refunds shall be owed to you for late notification.
1. Death, Disability, Bankruptcy or Dissolution of the Practice of Veterinary Clinic
If the Program Provider is unable to perform the Services under the Plan because of death,
disability, bankruptcy or dissolution of the practice, this Agreement will terminate at the end of
the month following notification of such event and no further payments are due subsequent to such
date.
1. Your Breach
If you do not abide by these terms of this Agreement you agree that Program Provider may
immediately deactivate your account and Program Provider will take action to recover all services
performed billed at full price from the beginning of the contract date. All services performed up
until the breach will be billed at full price from the beginning of the initial contract date with
no credit applied for monthly payments and will be due immediately. Failure to pay this amount will
result in collection methods including but not limited to legal action, phone collection, mail,
etc. You agree to reimburse any and all expenses related to the attempted collection of
the debt.This is a subscription, not a pre-paid plan. Any default on payments does not allow for
credit to be applied for previous services rendered.
4. DISCLAIMER
You understand that the Program is not an insurance program; rather the Program is a prepaid pet
wellness program with fixed monthly payment. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS
(INCLUDING, WITHOUT LIMITATION, THE PLANS) IN THIS PROGRAM ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLES OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER
PROGRAM PROVIDER, ANY OF OUR AFFILATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES,
SERVICE PROVIDERS OR SUPPLIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMIATION, THE
PLAN) IN THIS AGREEMENT IN TERMS OF THEIR CORRECTENESS, ACCURACY, RELIABILITY, OR OTHERWISE.
1. Indemnification
You agree to hold harmless Program Provider and its affiliates, agents, officers, directors and
employees from and against any action, claim demand or liability, including reasonable attorneys’’
fee and costs arising out of or related to Services provided to you.
5. INFORMATION SHARING
Except as allowed in its privacy policy, Program Provider agrees that is will not disclose or use
the nonpublic personal information provided to it by you to any person or entity except as
necessary to carry out the provisions of this Agreement and the Program. You hereby authorize
Program Provider to share information on you and your pet solely for the purpose of the Program.
6. MODIFICATION OF AGREEMENT AND TERMS
From time to time, this Agreement may be supplemented with additional terms and conditions
pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms
may be placed on the Website to be viewed in connection with the specific content, activities,
features or events and shall be identified as such. You understand and agree that such Additional
Terms are hereby incorporated by reference into this Agreement.
7. MISCELLANEOUS TERMS
This Agreement constitutes the complete and exclusive written expression of the intentions of the
parties hereto and shall supersede all previous communications, representations, agreements,
promises or statements, either oral or written, by and between either party. In any action against
you (pet owner) arising from this Program (including, without limitation, the Plan), we (Program
Provider) shall be entitled to recover all legal expenses incurred in connection with the action,
including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s
fees.
8. MODIFICATIONS
No modification or waiver of any of the terms and conditions of this Agreement shall be effective
unless such modification or waiver is expressed in writing and executed by each of the parties
hereto. This Agreement may be amended only in writing signed by each of the parties hereto.
9. ASSIGNMENT
This Agreement may not be assigned or delegated by you without the prior written consent of
Veterinarian Program Provider or any successor thereto.
10. GOVERING LAW
This Agreement and any dispute arising out of or relating to this Agreement shall be governed by
and construed in accordance with the laws of the State of Illinois.
IN WITNESS WHEREOF, this Pet Wellness Program Agreement is executed as of the date signed by
Client.