Service & Care Agreement

THE PET CARE CLUB OF SEATTLE

Service & Care Agreement

Version 2026.1 · Effective November 1, 2026 · TMB Pet Care, LLC d/b/a The Pet Care Club of Seattle

This Service & Care Agreement (the "Agreement") is entered into between TMB Pet Care, LLC, a Washington limited liability company doing business as The Pet Care Club of Seattle ("Company"), and the individual accepting this Agreement ("Client"). Company and Client are each a "Party" and together the "Parties."

In consideration of the mutual promises contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.

ARTICLE 1 Definitions

Capitalized terms have the meanings set out in this Article 1 wherever they appear in this Agreement.

1.1 Adventures. "Adventures" means extended or specialized outings offered by Company, including Private Trail Hikes and Doggy Discovery Excursions, and any Member-Exclusive Adventure offered to Membership clients.

1.2 Bundle. "Bundle" means a Classic Walk Bundle: a recurring weekly schedule of Classic Walks on fixed days, governed by the Bundle Terms.

1.3 Bundle Terms. "Bundle Terms" means Company's published Classic Walk Bundle scheduling, billing, and cancellation terms, as amended from time to time.

1.4 Care Team. "Care Team" means the group of Company employees assigned by Company to provide services to Client's Pet or Pets. Company assigns Care Team members according to service area, scheduling, and the needs of the Pet.

1.5 Classic Walk. "Classic Walk" means a leashed walk providing exercise, bathroom breaks, and companionship, without the behavior and enrichment components of a Membership Walk.

1.6 Confirmed Visit. "Confirmed Visit" means a service request that Company has accepted by written confirmation through the Portal, by email, or by text message.

1.7 Legacy Services. "Legacy Services" has the meaning given in Section 3.6.

1.8 Membership. "Membership" means the Canine Behavior & Enrichment Membership offered at multiple tiers with varying frequencies, walk lengths, and member benefits. Membership enrollment, tiers, pricing, benefits, billing, holds, and cancellation are governed by the separate Membership Agreement accepted at the time of enrollment.

1.9 Membership Agreement. "Membership Agreement" means the separate agreement governing Membership enrollment, tiers, billing, holds, and cancellation, as amended from time to time.

1.10 Membership Walk. "Membership Walk" means a Canine Behavior & Enrichment Walk provided under a Membership by a Specialist.

1.11 On-Demand Services. "On-Demand Services" means individually requested services that are not provided under a Membership, Bundle, or Playgroup Membership, including On-Demand Classic Walks.

1.12 Pet. "Pet" means each animal identified on Client's account for which Company provides services.

1.13 Playgroup Membership. "Playgroup Membership" means Company's reserved-space Playgroup program, governed by the Playgroup Membership Agreement and its policies.

1.14 Policies. "Policies" means the operating policies stated in Schedule A and Schedule B, as amended under Section 2.4.

1.15 Portal. "Portal" means Company's client management and scheduling platform, through which services are requested, confirmed, invoiced, and documented.

1.16 Pricing Schedule. "Pricing Schedule" means Company's published rates, fees, and surcharges in effect at the time a service is provided.

1.17 Specialist. "Specialist" means a Company employee trained as a Canine Behavior & Enrichment Specialist.

ARTICLE 2 Formation, Term, and Amendment

2.1 Acceptance. Client accepts this Agreement by opening and reviewing it in the Portal and checking the acceptance box for this Agreement. Client also accepts this Agreement by requesting or accepting any service, enrolling in a Membership, Bundle, or Playgroup Membership, or permitting Company to care for a Pet, except that Article 10, Article 17, and the other terms Client specifically acknowledges in the Electronic Acceptance bind Client only after Client has accepted by checking the acceptance box for this Agreement in the Portal. Company records the date, time, account, and version of each acceptance, and may require acceptance before providing further services. The opt-out period in Section 17.8 runs from the date of Client's acceptance of this Agreement. A Membership Agreement and Playgroup Membership Agreement are separate agreements that Client signs electronically when enrolling.

2.2 Scope and Continuing Effect. This Agreement governs all current and future services Company provides to Client and continues in effect until terminated under Article 16. A new agreement is not required for each service.

2.3 Incorporated Documents; Order of Precedence. The Membership Agreement, the Playgroup Membership Agreement, the Bundle Terms, and the Pricing Schedule, in each case to the extent applicable to services Client receives, are incorporated into this Agreement by reference. Schedule A and Schedule B are part of this Agreement. In the event of a conflict: (a) on questions of legal responsibility, liability, authorization, release, or dispute resolution, this Agreement controls; and (b) on questions of scheduling, billing cycles, cancellation, holds, and day-to-day operations, the applicable product agreement or Policies control. Before Client accepts this Agreement or books or enrolls in any service, Company will make the then-current version of each incorporated document that applies to the service Client selects (the Membership Agreement, Playgroup Membership Agreement, Bundle Terms, and Pricing Schedule) available to Client for review through the Portal or by link or attachment in the enrollment or booking confirmation, and will provide a copy on request. Company records in the Portal the date and time of Client's acceptance and the version of this Agreement and of each incorporated document that Client accepted.

2.4 Amendment. Company may amend this Agreement or any incorporated document from time to time. For material changes, Company will give at least thirty (30) days' notice through the Portal, identifying the changes or linking to the amended document, and may require Client's affirmative acceptance through the Portal before providing further services under the amended terms. Non-material changes take effect when posted. An amendment applies only to services booked, and billing periods beginning, on or after its effective date. A Confirmed Visit, booking, or prepaid period made or begun before the effective date remains governed by the version in effect when it was booked or began, unless Client agrees otherwise in writing or the amendment is more favorable to Client or is required by law. If Client does not accept a material change, Client may end services under Section 16.4 before the effective date without any additional cancellation charge resulting from the change. Client's continued use of services after the notice period constitutes acceptance of the amended Agreement, except that no amendment to Article 10 or Article 17 takes effect without Client's affirmative acceptance through the Portal or by signed writing, and no amendment applies to a dispute that arose before the amendment. For a Membership, Bundle, or Playgroup Membership, this Section governs any amendment, including any price increase, in addition to the notice terms of the applicable product agreement; where this Section is more protective of Client, this Section applies.

2.5 Capacity. Client represents that Client is at least eighteen (18) years of age and has the legal capacity to enter into this Agreement.

ARTICLE 3 Services

3.1 Services Generally. Company may provide dog walking, pet visits, training, transportation, medication administration, and related pet-care and household-support services as accepted by Company and confirmed through the Portal. The specific services, dates, frequency, and pricing applicable to Client are as set out in the Portal, Client's booking confirmations and invoices, and any product agreement Client has accepted.

3.2 Recurring Programs. Memberships, Bundles, and Playgroup Memberships are each governed by their own agreement or terms, which establish tiers or frequency, billing cycle, holds, schedule changes, and cancellation. Nothing in this Article alters those terms.

3.3 On-Demand Services. On-Demand Services are requests, not reservations. Company fills recurring program schedules first and confirms On-Demand requests according to availability, generally no earlier than twenty-four (24) hours before the requested visit. Company has no obligation to provide an On-Demand Service until it becomes a Confirmed Visit. An On-Demand request may be withdrawn at no charge at any time before Company sends written confirmation through the Portal, email, or text. Once Company confirms, the visit is a Confirmed Visit and is charged in full if Client cancels or it does not take place because of Client, except as provided in Section 9.2 (visits Company does not perform) and the Policies. Company states this rule on the booking screen before a request is submitted and in each confirmation. Additional services requested by a Member or other program client are On-Demand Services and are subject to this Section and to Schedule A.

3.4 Visit Timing. Visit times and scheduling windows are approximate. Route flow, traffic, weather, the needs of other animals on the route, and emergencies affect timing. Company does not guarantee an exact arrival time or a particular scheduling window unless agreed in writing. Where Client's preferred scheduling window is unavailable, Company will offer the closest available window and place Client on a waitlist for the preferred window.

3.5 Care Team; No Guarantee of Personnel. Services are provided by Client's Care Team. Company assigns Care Team members and may change assignments at its discretion, and any member of the Care Team may provide a given visit. Nothing in this Agreement guarantees the availability of any particular employee, service, date, time, or route. All services remain subject to staffing, scheduling, safety, and Company approval.

3.6 Legacy Services. Certain services are offered only to existing clients who maintain ongoing services with Company, solely at Company's discretion, and subject to staffing. These include Almost-Overnight in-home care consisting of evening and morning visits, private boarding in the home of a Company representative, and vacation pet visits (collectively, "Legacy Services"). In-home cat visits are not subject to the ongoing-service requirement. Legacy Services may be modified, suspended, or discontinued at any time, are not guaranteed for any future booking, and create no continuing right to service. Article 13 applies to any Legacy Service provided in the home of a Company representative.

3.7 Transportation. Where a service involves transporting a Pet, Client will provide a properly fitted vehicle safety harness, crate, or other suitable restraint. Company will not transport a Pet without a suitable restraint.

3.8 Off-Leash Activity. Company does not provide off-leash walking, exercise, or recreation. Pets remain leashed and under handler control at all times, except within a securely fenced private yard on Client's property where Client has authorized off-leash time in writing.

3.9 Service Changes. Company may modify, add, or discontinue services, products, and programs from time to time and will give reasonable notice of changes affecting services Client is receiving.

ARTICLE 4 Client Information, Representations, and Responsibilities

4.1 Accurate Information. Client will provide complete, accurate, and current information about Client, Client's household, and each Pet, and will promptly update Company whenever that information changes. At a minimum, Client will maintain in the Portal: (a) each Pet's identification, age, breed, medical history, medications, allergies, mobility limitations, and feeding instructions; (b) each Pet's behavioral history, including any bite history, reactivity, escape history, resource guarding, and known triggers; (c) the primary veterinarian, preferred emergency hospital, and any treatment authorization limits; (d) access instructions, lockbox or keypad codes, alarm codes, gate codes, and emergency procedures; and (e) Client's current telephone number and email address, together with at least one local emergency contact who is able to reach and enter the home and who holds a key or access code.

4.2 Reliance. Company is entitled to rely on the information Client provides. Company is not responsible for loss, delay, injury, or damage resulting from information that is inaccurate, incomplete, misleading, or out of date.

4.3 Authority. Client represents that Client is the lawful owner of each Pet or otherwise has legal authority to authorize services, veterinary treatment, and emergency care for the Pet.

4.4 Supplies. Client will provide food, treats, medication, harnesses, carriers, litter, waste bags, and all other items required for care, except for leashes for Membership Walks. For Membership Walks, Company provides the leash and a treat pouch, and Client supplies the treats. Company will offer only treats that Client supplies or approves. If Company reasonably determines that additional food or supplies are necessary for a Pet's health, safety, or welfare, Client authorizes Company to purchase them and to charge the cost, together with any applicable service or delivery fee, to Client's payment method on file. Company will notify Client of any such purchase.

4.5 Equipment. Client will provide safe, properly fitted, functioning equipment, including a collar or harness bearing current identification. If Company determines that a collar, harness, leash, or other item is unsafe or inadequate, Company may decline the visit or substitute Company-provided equipment, and will inform Client of the reason.

4.6 Household Conditions. Client will keep steps, walkways, and entry points reasonably clear of hazards and will maintain the home in a condition that is safe and sanitary for Company personnel and the Pet.

ARTICLE 5 Home Access

5.1 Required Access Method. Client must provide a Company-approved access method, which may include a lockbox, digital entry device, key, or other method approved by Company as described in the Policies.

5.2 Retention of Access Materials. Client authorizes Company to retain keys, entry devices, credentials, alarm information, and related access materials for as long as reasonably necessary while Client's account is active. Company stores access details in its secured client management system, accessible only to authorized personnel with a need to know.

5.3 Inactive Accounts. Company may securely destroy physical keys and access devices after twelve (12) consecutive months of account inactivity unless Client has made other written arrangements.

5.4 Key Handling and Return. Key pickup or return outside a scheduled service period is subject to the Key Handling Fee stated in the Pricing Schedule. Keys are returned only (a) directly to Client, (b) to a person Client has authorized in writing, (c) by Certified Mail or another trackable method Company approves, or (d) by another arrangement agreed in writing. Company will not leave keys unsecured at the property after any visit, including the final visit of a service period, unless Client authorizes it in writing.

5.5 Maintenance of Access Systems. Client is responsible for keeping locks, doors, gates, alarms, smart locks, garage doors, keypad batteries, and all other access systems in working order, and for keeping all codes current in the Portal.

5.6 Failed Access. If Company cannot gain entry because of incorrect or outdated access information, a malfunctioning lock or device, a dead battery, a power or network outage affecting a smart-home device, a door secured from the inside, or any other condition outside Company's reasonable control, Company will attempt to contact Client and Client's emergency contact. The visit will be billed as scheduled, and Company is not responsible for any resulting delay, missed care, harm, or additional cost.

ARTICLE 6 Third Parties and Home Security

6.1 Disclosure. Client must disclose in the Portal any person who may be present at or have access to the property during scheduled services, including household members, guests, contractors, service providers, and other pet-care professionals.

6.2 Unexpected Persons. If Company personnel encounter an unexpected person at the property, they may take any reasonable action to protect themselves, the Pet, and the property, including leaving the property, delaying the visit, and contacting Company management, Client, Client's emergency contact, or emergency services where reasonably warranted.

6.3 Safety Discretion. Company may modify, suspend, or discontinue services whenever its personnel reasonably believe a situation presents a safety concern.

6.4 Effect on Insurance. Client acknowledges that the presence of undisclosed third parties may affect available insurance coverage, depending on the facts of a claim and the terms of Company's policy.

6.5 Release. To the fullest extent permitted by law, Company is not responsible for loss or damage arising from the acts or omissions of undisclosed or unauthorized third parties, and Client releases and holds Company harmless from claims relating to a Pet, the home, or other property where the loss occurs in connection with the presence, conduct, or access of a third party that Client did not disclose in writing.

ARTICLE 7 Use of Client Facilities

7.1 Use of Facilities. Company personnel may use a restroom or wash their hands when reasonably necessary during a service visit. Personnel will exercise reasonable care and maintain cleanliness.

ARTICLE 8 Fees, Payment Authorization, and Collection

8.1 Pricing. Fees for services are as stated in the Pricing Schedule, the applicable product agreement, and Client's confirmations and invoices. Company may change the Pricing Schedule on at least thirty (30) days' written notice. Surcharges, including the Travel & Scheduling Fee, weekend and holiday surcharges, and the Key Handling Fee, are stated in the Pricing Schedule and may be changed on the same notice. For a Membership, Bundle, or Playgroup Membership, a change to fees or surcharges is made only as provided in Section 2.4.

8.2 Travel & Scheduling Fee. On-Demand Services are subject to a per-visit Travel & Scheduling Fee at the rate stated in the Pricing Schedule. The corresponding cost is incorporated into Membership, Bundle, and Playgroup Membership pricing and is not separately charged for those programs, subject to any right to reinstate it stated in the applicable program agreement. The Travel & Scheduling Fee is also not charged on additional services requested by an active Member, as stated in the Membership Agreement. Company may adjust, suspend, or reinstate this fee for any or all services in accordance with Section 8.1.

8.3 Payment Method on File. Client will maintain a valid credit or debit card on file for as long as Client's account is active, and authorizes Company to charge it for all amounts owed under this Agreement, any product agreement, the Policies, and the Pricing Schedule, including: service and program fees; consultation and Meet & Greet fees; deposits; cancellation, holiday, and other charges arising under the Policies; surcharges; supply and equipment reimbursements under Section 4.4; emergency veterinary, medication, transportation, and search costs under Article 11; approved additional services; damage caused by a Pet; the Declined Payment Fee under Section 8.6; and lawful collection costs - in each case as permitted by applicable law and card network rules.

8.4 Recurring Charges. Where Client is enrolled in a Membership, Bundle, Playgroup Membership, or other recurring service, Client authorizes recurring charges on the schedule stated in the applicable agreement. Company will disclose the amount and frequency of recurring charges before the first such charge and will give at least thirty (30) days' written notice before any increase. Client may cancel a recurring service as provided in the applicable agreement and, in any event, by written notice to Company by email.

8.5 Revocation. Client may revoke the card authorization at any time by written notice. Revocation does not cancel amounts already owed, and Company may suspend services until a valid payment method is provided.

8.6 Declined Payments. If a charge is declined, Company will notify Client and retry the charge. (a) Grace Period. Services continue for five (5) business days after the first notice while Client updates the payment method. (b) Declined Payment Fee. If payment has not cleared by the end of the grace period, a one-time Declined Payment Fee of twenty-five dollars ($25.00) is added to Client's account. (c) Suspension. Services are suspended until the outstanding balance, including the Declined Payment Fee, is paid in full. For a Membership, recurring billing is suspended for the same period so that Client is not charged for any period in which services are not provided. (d) Repeat Declines. After two (2) unresolved declined payments in any twelve (12) month period, Company will require an updated payment method before service continues. (e) Program Consequences. The effect of a suspension on Client's reserved schedule, including any release of recurring days, is as stated in the applicable product agreement or Policies. (f) Bundles. For a Bundle, which is billed one week in advance, the week's walks begin once payment clears. If payment is not resolved within five (5) business days after the first notice, the Declined Payment Fee applies and Company will hold Client's recurring days through the end of that service week, after which Company may release them. Subsections (a) through (d) apply to a Bundle only to the extent consistent with this subsection.

8.7 Billing Disputes. Client will notify Company of any disputed charge within fourteen (14) days after the charge is made, and Company will review the dispute in good faith. Initiating a chargeback without first notifying Company may result in suspension of services.

8.8 Collections. Company may refer unpaid balances to a licensed collection agency. Client remains responsible for the full unpaid balance together with lawful collection costs and costs of enforcement.

8.9 Attorney's Fees. In any action or arbitration arising out of this Agreement, the prevailing Party is entitled to recover its reasonable attorney's fees and costs, to the extent permitted by law. In arbitration, this Section is subject to Section 17.4.

8.10 Approved Payment Channels. Payments for services must be made through Company-approved channels. Peer-to-peer payment applications, including Venmo, PayPal, Zelle, Apple Cash, and Cash App, are not accepted for service payments. Gratuities may be given in cash or through the Portal.

8.11 Taxes. Fees are exclusive of any applicable taxes, which Client will pay where required by law.

ARTICLE 9 Cancellations and Schedule Changes

9.1 Client Cancellations. Client cancellations, schedule changes, holds, and vacation allowances are governed by Schedule A, the Policies, and the applicable product agreement, each as disclosed to Client before booking under Section 2.3. Schedule A states the notice periods and charges that apply by service type; a Membership, Bundle, or Playgroup Membership is also governed by its own agreement as to the matters it addresses. Company will not charge a cancellation fee or forfeit a deposit except as stated in those documents. The charges stated there are Company's reasonable estimate of the time, capacity, and income lost when a booking is cancelled on short notice. Visits cancelled by Client are charged, credited, or released only as those documents provide.

9.2 Company-Initiated Changes; Visits Company Does Not Perform. If Company is unable to provide a Confirmed Visit or a scheduled recurring visit, other than because of failed access under Section 5.6, Client's refusal of access, or Client's cancellation, Company will notify Client as early as practicable and will offer the remedy stated in the applicable product agreement or Policies, which may include a substitute enrichment visit at no additional charge for a Membership Walk, a rescheduled visit or an account credit usable within thirty (30) days for a Bundle walk, or a substitute visit, makeup session, or credit for a Playgroup session as the Playgroup Membership Agreement provides. A substitute or makeup visit that Company provides fully satisfies Company's obligation for the visit it replaces, and no refund or credit is owed for that visit. If Client declines an equivalent substitute or makeup visit that Company offers, no refund or credit is owed for that visit unless the applicable product agreement provides otherwise. If Company does not provide a substitute or makeup visit, Company will apply an account for the amount Client paid for that visit usable towards future services within thirty (30) days. If the visit has not yet been billed, Client will not be charged for it.  Except as stated in this Section, these remedies are Client's sole remedy for a Company-initiated change, but this Section does not limit any claim arising from Company's gross negligence, willful misconduct, or violation of law, or any right that cannot lawfully be waived.

9.3 Holidays and Weather. Company's holiday schedule and severe-weather practices are stated in the Policies. Recurring program visits pause on Company-designated holidays as provided in the applicable agreement. Company may shorten, modify, or replace outdoor time with indoor activity where weather, air quality, or other conditions warrant.

ARTICLE 10 Insurance, Assumption of Risk, Release, and Limitation of Liability

PLEASE READ THIS ARTICLE CAREFULLY. IT LIMITS COMPANY'S LIABILITY AND AFFECTS CLIENT'S LEGAL RIGHTS.

10.1 Standard of Care. Company will exercise reasonable care in providing services to Client and Client's Pets.

10.2 Inherent Risk. Client acknowledges that animals are inherently unpredictable and that professional pet care involves risks that cannot be eliminated despite reasonable precautions. Except where prohibited by law, Client assumes the inherent risks of pet ownership and professional pet care, including illness, injury, escape, property damage, interaction with other animals or wildlife, weather conditions, equipment failure, veterinary emergencies, and other circumstances beyond Company's reasonable control.

10.3 Company Insurance. Company maintains general liability insurance. Client is encouraged to maintain homeowner's or renter's insurance and pet insurance. Which insurance responds to a loss, and in what order, is determined by the terms of the applicable policies and by applicable law. Nothing in this Agreement makes Client's insurance primary or requires Client to claim on Client's own insurance before Company is responsible for a loss for which Company is liable.

10.4 Release. To the fullest extent permitted by Washington law, Client releases and holds harmless Company and its owners, officers, employees, contractors, agents, and representatives (the "Released Parties") from claims arising out of the following risks and events: (a) injury, illness, escape, disappearance, loss, or death of a Pet; (b) damage to Client's home or property; (c) the acts or omissions of third parties; (d) the acts of other animals or wildlife; (e) the conduct of Client's own Pet; (f) inaccurate, incomplete, or undisclosed information provided by Client, including undisclosed medical or behavioral history; (g) failed access as described in Section 5.6; and (h) events beyond Company's reasonable control. This release does not apply to the extent a claim is caused by the negligence, gross negligence, recklessness, or willful misconduct of Company or the Released Parties, or by Company's breach of this Agreement or violation of law, and it does not reduce Company's duty of reasonable care under Section 10.1. Nothing in this Section releases any claim or right that cannot lawfully be released, including rights under the Washington Consumer Protection Act, chapter 19.86 RCW.

10.5 Force Majeure. Company is not liable for delayed, shortened, rescheduled, or missed visits caused by circumstances outside its reasonable control, including snow, ice, flooding, storms, wildfire smoke, extreme heat, lightning, power or network outages, road closures, natural disasters, civil unrest, public health emergencies, labor disruptions, or conditions that make travel or entry unsafe. Client will maintain a local emergency contact able to reach and enter the home and care for the Pet if Company cannot safely reach the property. Scheduling and credit treatment in such events is governed by the Policies.

10.6 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR CLAIMS ARISING FROM COMPANY'S GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR VIOLATION OF LAW, AND EXCEPT FOR ANY RIGHT, REMEDY, OR DAMAGES THAT CANNOT LAWFULLY BE WAIVED OR LIMITED (INCLUDING UNDER CHAPTER 19.86 RCW): (a) COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (i) THE AMOUNTS CLIENT PAID COMPANY FOR SERVICES IN THE NINETY (90) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIVE THOUSAND DOLLARS ($5,000); (b) THE LIMIT IN (a) DOES NOT APPLY TO REFUNDS AND CREDITS OWED UNDER SECTION 9.2 OR TO ANY AMOUNT PAID OR PAYABLE UNDER COMPANY'S INSURANCE FOR THE CLAIM, AND CLIENT MAY ASK COMPANY IN WRITING, BEFORE SERVICES BEGIN, TO AGREE TO A HIGHER LIMIT, WHICH COMPANY MAY AGREE TO FOR AN ADDITIONAL FEE; AND (c) COMPANY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR, TO THE EXTENT PERMITTED BY LAW, FOR EMOTIONAL DISTRESS, LOSS OF COMPANIONSHIP, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THE SERVICES.

10.7 Client Responsibility for Pet. Client remains responsible for loss, damage, injury, claims, costs, and expenses caused by a Pet, including injury to Company personnel, third parties, or other animals, and damage to homes or property. Where an undisclosed medical or behavioral condition results in injury, property damage, additional staffing requirements, or other loss, Client is responsible for those damages to the extent permitted by law.

10.8 Non-Waivable Rights. Nothing in this Agreement waives or limits liability where such a waiver or limitation is prohibited by Washington law, including claims arising from gross negligence, willful misconduct, or any other non-waivable duty. Nothing in this Article limits any right or remedy Client has under the Washington Consumer Protection Act, chapter 19.86 RCW, or any other law that cannot be waived by contract. If any part of this Article is found unenforceable, the remainder stays in effect.

10.9 Time for Claims. Claims arising out of or relating to the services are subject to the limitation periods provided by Washington law. This Section does not shorten any limitation period. The limitations period for any claim is tolled during the informal resolution period in Section 17.2.

ARTICLE 11 Emergency Veterinary Authorization and Lost Pet

11.1 Authorization. If, in Company's reasonable judgment, a Pet requires immediate veterinary attention and neither Client nor Client's designated emergency contact can be reached after reasonable efforts, Client authorizes Company to seek veterinary care on the Pet's behalf.

11.2 Provider. Company may transport the Pet to Client's designated veterinarian, the nearest available emergency veterinary hospital, or another licensed veterinary provider that Company reasonably believes appropriate.

11.3 Treatment. Client authorizes the veterinarian to provide examination, treatment, hospitalization, medication, and other services reasonably necessary to protect the Pet's health or life.

11.4 Emergency Treatment Authorization. Client authorizes emergency treatment up to $1,500 without further approval, unless Client has specified a higher amount in Client's Portal account records by emailing clientexperience@yourpetcareclub.com. The $1,500 minimum pre-authorized amount may not be reduced. If a licensed veterinarian estimates that emergency care will exceed the authorized amount, Company will continue to attempt to reach Client, and any emergency contact designated in the Portal, by telephone, text, and email, and will document those attempts. Company may authorize treatment above the authorized amount only if all of the following apply: (a) Client and Client's designated emergency contact cannot be reached after reasonable efforts under the circumstances; (b) a licensed veterinarian advises that the additional treatment is immediately necessary to prevent the Pet's death or to relieve or prevent serious suffering, and that delay to obtain Client's authorization would risk those outcomes; and (c) the additional treatment is limited to what the veterinarian considers necessary to stabilize the Pet or relieve suffering until Client can be reached, and does not include elective, non-urgent, or experimental treatment. Euthanasia is governed solely by Section 11.5. Company is not obligated to authorize treatment above the authorized amount; if Company does not, the veterinarian may provide such minimal treatment as applicable law and professional standards require. Client remains responsible under Section 11.6 for treatment authorized in accordance with this Section. The $1,500 pre-authorization is a condition of Company's acceptance of services and is Client's authorization to Company only. It does not guarantee that any veterinarian will treat a Pet, extend credit, or accept Client's or Company's authorization without the veterinarian's own consent and payment requirements.

11.5 Euthanasia. Company will not authorize euthanasia on Client's behalf. If a licensed veterinarian recommends euthanasia to prevent suffering and neither Client nor the emergency contact can be reached, Company will defer to the veterinarian's professional judgment and will document all efforts made to reach Client.

11.6 Costs. Client is responsible for all veterinary expenses, prescription medications, emergency transportation, additional staff time required by the emergency, and other reasonable expenses incurred in the Pet's interest.

11.7 Notification. Company will make reasonable efforts to notify Client throughout an emergency and to provide updates as information becomes available.

11.8 Indemnity. Client will indemnify and hold harmless the Released Parties from all claims, demands, damages, liabilities, costs, and expenses, including reasonable attorney's fees where recoverable, arising out of veterinary decisions made in good faith on Client's behalf. Company is not liable for medical outcomes resulting from treatment decisions made by licensed veterinary professionals.

11.9 Lost Pet. If a Pet escapes or goes missing while in Company's care, Company will immediately begin search efforts, notify Client and Client's emergency contact, notify local animal control and area shelters, and continue reasonable search efforts. Client authorizes Company to incur reasonable costs of search and recovery.

ARTICLE 12 Pet Health and Behavior; Company's Right to Decline

12.1 Representations. Client represents and warrants that, to the best of Client's knowledge, each Pet receiving services: (a) is free of any known contagious disease or condition that would reasonably place other animals or Company personnel at risk, unless disclosed to and accepted by Company in writing; (b) is current on the vaccinations required by law and by Company policy, including Rabies and, for dogs, DHPP and Bordetella, unless Company has approved a written exemption on a veterinarian's recommendation; (c) has not demonstrated aggressive or dangerous behavior toward people or animals except as fully disclosed to Company; (d) has no undisclosed history of biting, escape, resource guarding, or similar behavior; (e) is physically and medically suitable for the services requested; and (f) is licensed as required by the City of Seattle or other applicable jurisdiction.

12.2 Ongoing Disclosure. Client will promptly notify Company of any illness or injury, contagious condition, change in medication, behavioral change, new aggression, change in household occupants, or other circumstance that could reasonably affect the safe delivery of services.

12.3 Right to Decline; Behavior Support. Company may decline to accept a Pet, condition services on a consultation with a Company trainer, pause services, or end services where, in Company's reasonable professional judgment, a Pet's needs exceed what Company's services can safely support or the Pet presents a risk to itself, Company personnel, other animals, or the public. Where practicable, Company will discuss options with Client, which may include a change in service type or a referral to a qualified behavior professional. Company's services are not a substitute for veterinary care or private training.

12.4 Handling Methods. Company uses force-free, positive-reinforcement handling and does not use intimidation, leash corrections, or shock, prong, or choke collars. Client will not require Company personnel to use such methods or equipment.

ARTICLE 13 Legacy In-Home and Overnight Services

13.1 Care in a Representative's Home. Where a Legacy Service is provided in the home of a Company representative or an affiliated provider, Client acknowledges and agrees that: (a) Client remains responsible for injury, illness, or damage caused by the Pet, including damage to the representative's home and property; (b) Client may be charged for property damage, veterinary expenses, cleaning, and other costs caused by the Pet; and (c) Company may charge those amounts to the payment method on file in accordance with Article 8.

13.2 Discretionary Basis. Legacy Services are provided at Company's sole discretion and may be discontinued at any time. Nothing in this Agreement obligates Company to offer, continue, or reinstate a Legacy Service.

ARTICLE 14 Non-Solicitation of Company Personnel

14.1 Covenant. During the term of this Agreement and for six (6) months after it ends, Client will not, directly or indirectly, solicit, hire, or engage any current Company employee, or any former Company employee who left Company within the preceding six (6) months, in each case whom Client met or learned of through Company, to provide dog walking, pet sitting, pet boarding, pet transportation, or other pet-care services for Client, Client's household, or Client's Pets outside of Company, or induce any such employee to leave Company for that purpose. This covenant does not restrict Client from engaging any such person for work unrelated to pet care. It applies to arrangements made in Client's name and to arrangements made on Client's behalf or at Client's direction by a member of Client's household.

14.2 Limits. This Article restricts direct engagement by Client. It does not restrict where Company employees may work generally; does not apply where an employee responds to a general public job posting not directed at Company personnel; and does not apply where Company has released the arrangement in writing. Company is generally willing to discuss a written release on request.

14.3 Liquidated Damages. The Parties agree that Company's loss from a breach of this Article, including the cost of recruiting, hiring, and training a replacement, lost revenue and scheduling disruption while the position is filled, and loss of client relationships and service continuity, would be difficult to calculate at the time of contracting. The Parties have estimated that loss in good faith as of the date of this Agreement at six thousand dollars ($6,000) per affected employee, and agree that this amount is a reasonable forecast of just compensation and not a penalty. Upon breach, Client will pay Company that amount as liquidated damages, which is Company's exclusive monetary remedy for the same breach, without limiting Company's right to seek equitable relief under Section 17.6. Liquidated damages are payable only once per affected employee, are not due where Company has released the arrangement under Section 14.2, and are due within thirty (30) days after invoice, and Article 8 applies to collection of any unpaid amount.

14.4 Employee Covenants. Company employees are separately bound by their own agreements not to solicit Company clients.

ARTICLE 15 Photographs and Likeness

15.1 License. Client grants Company a non-exclusive, royalty-free license to photograph and record video of the Pet during services and to use those images and recordings on Company's website, blog, social media, marketing materials, and other platforms Company owns or uses for marketing.

15.2 Privacy. Company will not publish Client's last name or street address and will generally identify Pets by first name and general neighborhood only. Company will not photograph the interior of Client's home in a manner that identifies the address or displays personal information, other than incidentally in the background of a photograph of the Pet.

15.3 Opt-Out and Withdrawal. Client may opt out of this Article, or withdraw the license, by written notice at any time, preferably before services begin. Company will record the election on Client's account and cease future use, but may be unable to recall materials already printed or distributed.

15.4 No Compensation; Survival. The license is granted without compensation and survives termination of this Agreement unless withdrawn.

ARTICLE 16 Suspension and Termination

16.1 By Company. Company may terminate this Agreement, suspend services, decline future bookings, or end a service in progress if, in Company's reasonable judgment: (a) a Pet presents a risk to itself, Company personnel, other people, or other animals; (b) the home environment is unsafe, unsanitary, inaccessible, or hostile; (c) required information has not been provided or has proven inaccurate; (d) access cannot be reliably obtained; (e) the account is past due; (f) Client has breached this Agreement or any incorporated document; or (g) the relationship is no longer an appropriate fit.

16.2 Notice and Transition. Where circumstances allow, Company will give reasonable notice and cooperate in a transition. Where safety requires, termination may be immediate.

16.3 Placement. If a Pet cannot safely remain in the home or in service, Client authorizes Company to place the Pet in a kennel, veterinary clinic, emergency boarding facility, or other appropriate location, with all related costs charged to Client.

16.4 By Client. Client may end services at any time by notice to Company, subject to any notice period in the applicable agreement for a Membership, Bundle, or Playgroup Membership, except where that agreement or this Agreement provides an express waiver or right of immediate cancellation. Cancellation of a Membership, Bundle, or Playgroup Membership is governed by the applicable agreement, including any notice period. Amounts already owed remain payable.

16.5 Survival. Articles 8, 10, 11, 13, 14, 15, 17, and 18, and Sections 12.1 and 16.6, survive termination of this Agreement.

16.6 Refunds on Termination. If Company terminates this Agreement or a Membership, Bundle, or Playgroup Membership, Company will refund the pro rata portion of any prepaid fees for services not provided after the termination date, less any amounts then due from Client that are owed independently of the refund, as permitted by law. Company's rights to enforce Article 14 and to collect amounts owed are separate claims and are not a basis for retaining prepaid fees for services Company does not provide.

ARTICLE 17 Governing Law and Dispute Resolution

PLEASE READ THIS ARTICLE CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN THE PARTIES ARE RESOLVED AND INCLUDES A RIGHT TO OPT OUT OF ARBITRATION.

17.1 Governing Law. This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-law principles.

17.2 Informal Resolution. Before commencing arbitration or litigation, the Party with a concern will give the other Party written notice describing the issue and the relief sought, and will allow thirty (30) days for the Parties to resolve the matter in good faith. The limitations period for any claim is tolled during this thirty (30) day period.

17.3 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, unless applicable law requires otherwise. If the AAA is unable or unwilling to administer the arbitration, the Parties will agree on another administrator or a court will appoint one, and the protections for Client in this Article will continue to apply.

17.4 Venue and Costs. Any in-person hearing will be held in King County, Washington, or at another location reasonably convenient to Client as determined by the AAA or the arbitrator, unless the Parties agree otherwise in writing. Client may elect to proceed by video or on written submissions. Client's filing fee will not exceed the filing fee stated in the AAA Consumer Arbitration Fee Schedule or, if less, the fee to file the claim in court, and Company will pay all other AAA administrative fees and the arbitrator's compensation, unless Client voluntarily elects after the dispute arises to pay part of it. Each Party otherwise bears its own costs, subject to Section 8.9, except that Company will not seek an award of its attorney's fees or costs against Client unless the arbitrator finds that Client's claim was frivolous or brought in bad faith, and the arbitrator may award Client any attorney's fees and costs available under applicable law, including RCW 19.86.090. The arbitrator may award any remedy a court could award on the claim. Nothing in this Article limits any statutory right or remedy that cannot lawfully be waived.

17.5 Small Claims. Either Party may bring a qualifying individual claim in small claims court instead of arbitration.

17.6 Equitable Relief. Either Party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect confidential information or to prevent immediate and irreparable harm.

17.7 Individual Basis. To the extent permitted by applicable law, claims will be brought only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. If this Section is held unenforceable as to a claim, that claim will proceed in court rather than in arbitration, and the rest of this Article remains in effect.

17.8 Right to Opt Out. Client may opt out of Sections 17.3 through 17.7 within thirty (30) days after first accepting this Agreement by (a) emailing clientexperience@yourpetcareclub.com with the subject line "Arbitration Opt-Out," or (b) sending written notice to Company at the address in Section 18.6, in each case stating Client's name and that Client declines arbitration. A timely notice is effective on the date it is sent. Company will record the opt-out in Client's Portal account and confirm it by email within ten (10) business days; Company's failure to confirm does not affect a timely opt-out. If Client opts out, disputes not resolved under Section 17.2 may be brought in the courts of King County, Washington. Opting out does not affect Client's services or any other part of this Agreement.

17.9 Judgment. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

ARTICLE 18 General Provisions

18.1 Binding Effect; Assignment. This Agreement binds the Parties and their heirs, executors, administrators, successors, and permitted assigns. Client may not assign this Agreement without Company's written consent. Company may assign this Agreement in connection with a sale or transfer of its business.

18.2 Severability. If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions remain in full force, and the affected provision will be enforced to the maximum extent permitted by law.

18.3 Waiver. No waiver is effective unless made in writing by Company. Company's decision not to enforce a provision on one occasion does not waive its right to enforce that provision later.

18.4 Entire Agreement. This Agreement, including Schedule A and Schedule B, together with the documents incorporated under Section 2.3, constitutes the entire agreement between the Parties on the subjects it covers and supersedes all prior oral or written understandings on those subjects, including any Terms & Conditions or Service Agreement Client previously accepted.

18.5 Amendment. This Agreement may be modified only as provided in Section 2.4 or by a written instrument signed by both Parties.

18.6 Notices. Written notice to Company must be sent to: TMB Pet Care, LLC d/b/a The Pet Care Club of Seattle, 16013 12th Ave NE, Shoreline, WA 98155, or by email to clientexperience@yourpetcareclub.com. Notice to Client will be sent to the email or mailing address on Client's account, and Client is responsible for keeping that information current.

18.7 Electronic Signatures and Records. The Parties agree that electronic signatures and electronic records have the same legal effect as handwritten signatures and paper records, consistent with chapter 1.80 RCW (the Washington Uniform Electronic Transactions Act) and the federal Electronic Signatures in Global and National Commerce Act. Client consents to receive notices, agreements, invoices, and disclosures electronically at the email address on Client's account.

18.8 Privacy. Company collects and uses Client's information only to deliver services, communicate with Client, and operate its business, and does not sell client information. Home-access details are stored as described in Section 5.2.

18.9 Independent Relationship. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between Client and Company.

18.10 Interpretation. Headings are for convenience only and do not affect interpretation. The word "including" means "including without limitation." Where this Agreement refers to a document "as amended from time to time," the version in effect at the time of the relevant service applies.

18.11 Counterparts. This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one instrument.

Electronic Acceptance

By checking the acceptance box for this Agreement in the Portal, Client confirms that Client has opened and read this Agreement, has had the opportunity to ask questions and review all terms, and agrees to be bound by it. Client also confirms that Client has been given access to the incorporated documents listed in Schedule A that apply to the services Client has selected.

Client specifically acknowledges and accepts:

✓Article 10 (Insurance, Assumption of Risk, Release, and Limitation of Liability)

✓Article 17 (Governing Law and Dispute Resolution, including arbitration and the right to opt out within thirty (30) days under Section 17.8)

This Agreement becomes effective on the date Client accepts it through the Portal.

SCHEDULE A Incorporated Documents

The following documents are incorporated into the Agreement by reference under Section 2.3, in each case in the version that applies under Section 2.4 and to the extent applicable to the services Client receives:

1. Canine Behavior & Enrichment Membership Agreement, and the Membership scheduling, billing, and policies published to Members.

2. Classic Walk Bundle Terms (scheduling, billing, vacation pause, and cancellation).

3. Playgroup Membership Agreement and Playgroup policies.

4. Schedule B (Operating Policies), which is part of this Agreement.

5. The Pricing Schedule, including surcharges and fees.

6. Client's booking confirmations, invoices, and enrollment records maintained in the Portal.

Notices to Company are sent as stated in Section 18.6, and Company's current contact information is posted on its website and in the Portal.

Billing cycles are stated in the Pricing Schedule and the applicable product agreement. On-Demand Services are billed on completion of the services listed on the invoice unless Company states otherwise; Classic Walk Bundles are billed one week in advance as stated in the Bundle Terms; Memberships are billed a flat monthly rate on the first of each month as stated in the Membership Agreement; Playgroup Memberships are billed as stated in the Playgroup Membership Agreement; and deposits, surcharges, reimbursements, and emergency costs are billed as incurred.

The table below states the notice and charges for cancelling a booking. The Deposit table that follows states the treatment of any deposit. If Company cancels a booking or fails to perform a Confirmed Visit, no cancellation charge applies, any deposit is refunded in full to the original payment method (or, at Client's election, credited), and Section 9.2 applies.

Cancellation Notice & Charges

Deposits

Deposits apply to Legacy Services and any other booking for which Company collects a deposit. A forfeited deposit is credited against any cancellation charge or balance owed for the same booking, so Client is not charged twice for the same time, and a deposit that has been refunded or credited is not charged again. The 14-day Legacy notice period and the deposit tiers operate together: a cancellation received 14 or more days before the start date incurs no balance charge and the deposit is treated as the table states; a cancellation received inside 14 days incurs the balance charge described above, reduced by any forfeited deposit.

SCHEDULE B Operating Policies

These Operating Policies are part of this Agreement and apply to the services Client receives, together with any applicable product agreement.

B.1 Scheduling and Communication. Bookings, schedule changes, and cancellations are made through the office (by telephone, text, email, or the Portal), not directly with personnel, and Company confirms them in writing within one business day. Office hours are posted in the Portal and on Company's website. Messages received outside office hours are answered the next business day. For an emergency during a visit, Client may contact the assigned personnel directly.

B.2 Premium Windows. Visits in early mornings, late evenings, weekends, and holidays carry surcharges as stated in the Pricing Schedule.

B.3 Designated Holidays. Company's designated holidays are New Year's Day, MLK Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous Peoples' Day, Veterans Day, Thanksgiving, the Day After Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Walks are not automatically booked on designated holidays. Membership and Bundle walks pause on designated holidays, and a Client who needs a walk on a designated holiday must request an On-Demand visit, which is confirmed subject to availability. The Membership Fee is a flat monthly rate that is not reduced for holidays, and no credit or make-up walk arises, as stated in the Membership Agreement. Bundle billing is adjusted as the Bundle Terms provide. Playgroup sessions are not automatically scheduled on designated holidays; if enough Playgroup members request a holiday session, Company will accommodate the request if possible. On-Demand requests may be submitted 365 days a year, confirmations are subject to availability, and holiday surcharges apply as stated in the Pricing Schedule. Cat visits on designated holidays and Legacy Service bookings during holiday periods require fourteen (14) days' notice to cancel without charge, as stated in Schedule A.

B.4 Weather and Safety. In severe weather (heavy rain, lightning, extreme heat) or other unsafe conditions, Company may shorten, modify, replace with indoor activity, reschedule, or cancel a visit for Pet and personnel safety. A visit Company cancels, including because of an event described in Section 10.5, is handled under Section 9.2. A visit that is shortened or modified remains charged unless the applicable product agreement provides otherwise.

B.5 Courtesy and Referral Credits. Company may issue courtesy credits at its discretion. Courtesy credits are not guaranteed, do not waive any term of this Agreement, apply only to future services, and expire as stated when issued. Referral credits are courtesy credits earned as stated in the applicable product agreement or in the current referral terms published by Company; Client may contact the office for current rewards and eligibility requirements.

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