SERVICE AGREEMENT

SERVICE AGREEMENT

BETWEEN

1. “MIZNER PARK VETERINARY CLINIC, INC”

(“THE COMPANY”)

AND

• ____________________________________________

(“THE CLIENT”)

THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Company and the Client (Company and Client collectively referred to as the “Parties” or individually as the “Party”) and includes that party’s successors and assigns.

WHEREAS:

• The Company is a skilled and professional service provider.
• The Client is desirous of procuring the services of the Company.
• The Client now wishes to enter into this agreement with the Company, where he will compensate the Company for the its services.

Parties agree to the following terms and conditions and to be bound thereby:

1. DEFINITIONS AND INTERPRETATIONS
   1. In this Agreement:
2. “Agreement” or “Contract” means this agreement, and other documents forming part of this agreement;
3. “Contract Sum” means the sum payable to the Company for the services rendered;
4. “Intellectual Property” means the copyright, know-how, the trade names, and any marks, trade device, service mark, symbol, code or specification, patents, designs, and other individual or intellectual property rights used in or associated with any of the Parties;
5. “Services” means veterinary services offered by the Company to the Client. 

• COMMENCEMENT AND DURATION

This agreement shall be valid from the date of execution until termination.

• CONTRACT SUM

The parties shall agree in writing on the contract sum payable.

• OBLIGATIONS OF THE PARTIES

The Company shall:

• Provide the services to the standards stated in this agreement and by the regulatory body.
• Comply with all applicable laws in performing the services;
• Pay compensation for damages occasioned by their negligence, act, or omission;

The Client shall:

• Pay any amount due to the Company when it falls due.
• Comply with all applicable laws;
• Pay compensation for damages occasioned by their negligence, act, or omission;
• Promptly provide the Company with all relevant information that shall be accurate and complete.
• LIABILITY OF THE PARTIES
• A party shall be compensated for damages caused by the other party.
• No Party shall be held liable for any damages, where:

the damage has been occasioned by the other party, their representatives, employees, or agents; and

the damage has been caused by an event beyond the control of the party e.g. force majeure or accidents.

• DISCLAIMERS
• The Client undertakes that they are aware of the fact that they are dealing with the Company’s agent whose mandate includes carrying out examinations, diagnostic test and associated treatments BUT DOES NOT INCLUDE surgery”. The Client expressly and voluntarily assumes any risk related to procuring these services.
• In no event shall either party be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages incurred by the other party or any third party, whether in contract, tort or based upon a warranty, even if the other party or any third party has been advised of the possibility of such damages.
• The maximum liability under this agreement shall be the sum of $2,000,000. less any payment made hereunder.

• INTELLECTUAL PROPERTY

Any designs, ideas, concepts, discoveries, techniques, patents, copyrights, or trademarks belonging to the Company during the subsistence of this agreement are the exclusive property of the Company.

• NON-ASSIGNMENT

No party shall assign their rights or duties without the written consent of the other party.

• DISPUTE RESOLUTION

Any dispute under this agreement shall be resolved by Negotiation. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction.

1. TERMINATION
2. Either party may terminate this agreement at any time upon breach of the contract by the other party.
3. Either party may terminate this agreement upon giving the other party no less than twenty-four (24) hours’ notices in writing. If the Client wishes to terminate the contract with less than twenty four (24) hours’ notice, the Company reserves the right to charge costs that have already been paid in advance or incurred by the Company on their behalf.
4. Either party may terminate this agreement at any time if both parties agree to the termination.
5. The termination of this agreement shall not discharge the liabilities accumulated by either party.
6. Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.

1. changes to the agreement

Either party may request changes to the agreement but they will only be effective if agreed in writing, signed by all parties and recorded.

1. Force Majeure
2. For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
3. A Party’s failure to fulfill its obligations due to Force Majeure, to shall not be considered as breach of this agreement, provided that the affected party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.

1. CONFIDENTIALITY

The Client shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Company, whether such information or matter is stated to be confidential or not, without the express written permission of the Company.

1. NO WAIVER

Except where this agreement provides otherwise, the rights and remedies contained in it are not exclusive to rights or remedies provided by law.  Failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.

1. SEVERABILITY

Suppose any provision of this agreement is declared by any judicial or other competent body to be void, voidable, illegal, or otherwise unenforceable, parties may amend that provision or remove it from this agreement. The remaining provisions of this agreement shall remain in full force and effect.

1. NOTICES

The Parties shall be served through the following addresses (including email).

THE COMPANY: ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

THE CLIENT: ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

1. CHANGE OF ADDRESS

Either party may change the above addressees by reasonable notice in writing given to the other party.

1. GOVERNING LAW

This agreement shall be governed in all respects by the Florida State Laws.

IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.

Signed by the COMPANY Signature:  Name:  Designation:  Date:………………………………………

Signed by the CLIENT Signature:  Name:  Designation:  Date:…………………………………………….……………