Terms & Conditions
Website Terms and Conditions of Use and Service Agreement
Please read these Terms and Conditions carefully before using our Site or engaging our Services. Your use of the Site or Services confirms your unconditional agreement to these terms.
1Introduction; Acceptance of Terms
Parties; Agreement. These Website Terms and Conditions of Use and Service Agreement (the "Terms") constitute a legally binding agreement between Fairstrive LLC, a Georgia limited liability company ("Fairstrive," "Company," "we," "us," or "our"), and each individual or entity that accesses or uses our website, platform, applications, or related online services (collectively, the "Site") or engages Fairstrive to provide cat sitting or related services (collectively, the "Services"). The term "Client," "you," or "your" refers to the person or entity accessing or using the Site and/or ordering or receiving the Services.
Acceptance of Terms. By accessing, browsing, or otherwise using the Site, and/or by requesting, scheduling, purchasing, or receiving any Services from Fairstrive, you:
Acknowledge that you have read, understand, and agree to be bound by these Terms;
Represent and warrant that you have the full right, power, and authority to enter into and comply with these Terms on your own behalf or on behalf of the entity you represent; and
Agree that these Terms govern your use of the Site and your receipt of the Services, in addition to any supplemental service descriptions, confirmations, and policies referenced herein or presented to you at the time you request or receive the Services.
Updates to Terms. Fairstrive reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time. Any changes will be effective when posted on the Site or when otherwise communicated to you. Your continued use of the Site or receipt of the Services following the posting or communication of any changes constitutes your acceptance of such changes. If you do not agree with the modified Terms, you must discontinue all use of the Site and Services.
Additional Terms. Certain features of the Site or certain Services may be subject to additional terms, policies, guidelines, or rules, which, when applicable, are incorporated by reference into these Terms. In the event of a conflict between these Terms and any additional terms, the additional terms will govern solely with respect to the applicable feature or Service.
2Definitions
"Care Plan" means the collection of instructions, information, directions, disclosures, and preferences provided by Client to Fairstrive during the initial consultation, meet-and-greet, or any subsequent written update accepted by Fairstrive, regarding the care, feeding, medication, handling, behavioral management, environment, and other needs of Clients cat(s) or other pet(s) for which Services are requested.
"Cat(s)" or "Pet(s)" means any cat for which Client engages Fairstrive to provide the Services.
"Meet-and-Greet" means the initial in-person or virtual consultation between Client and Fairstrive (or its personnel) during which the Care Plan is discussed, established, and documented, and during which Client discloses information regarding the Pet(s), the premises, and any relevant health or behavioral conditions.
"Personnel" means Fairstrive’s owners, employees, independent contractors, pet sitters, agents, representatives, and any other persons or entities engaged by Fairstrive to assist in the provision of the Services.
"Premises" means Clients residence or other location at which Services are to be performed and any surrounding areas to which Client authorizes Fairstrive to have access while providing Services.
"Services" means cat sitting and related pet care services provided by Fairstrive, which may include, without limitation, feeding, watering, litter box maintenance, medication administration as directed by Client, playtime, companionship, home visits, overnight stays, and such other services as may be agreed in writing between Client and Fairstrive.
3Use of the Site
Eligibility. The Site is intended for individuals who are at least eighteen (18) years of age and who can form binding contracts under applicable law. By using the Site, you represent and warrant that you meet these requirements.
License to Use Site. Subject to your compliance with these Terms, Fairstrive grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use in connection with evaluating and engaging our Services.
Prohibited Uses. You agree that you will not:
Use the Site for any unlawful purpose or in violation of any applicable law or regulation;
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site;
Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written consent;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Site;
Use the Site to distribute any viruses, worms, or other harmful code; or
Use the Site in any manner that could damage, disable, overburden, or impair the Site.
No Professional Advice. Content on the Site is provided for general informational purposes only and does not constitute veterinary, medical, legal, or other professional advice. You should consult qualified professionals for advice specific to your Pet(s) and circumstances. Fairstrive does not guarantee the accuracy, completeness, or usefulness of any information on the Site.
Termination of Site Access. Fairstrive may, in its sole discretion and without notice, suspend or terminate your access to the Site, in whole or in part, for any reason, including, without limitation, violation of these Terms.
4Ordering and Provision of Services
Service Requests. You may request Services through the Site, by telephone, or by any other method made available by Fairstrive. All Service requests are subject to acceptance by Fairstrive in its sole discretion.
Meet-and-Greet and Care Plan.
Prior to the commencement of Services, Client and Fairstrive shall conduct a Meet-and-Greet, during which Client shall:
Provide complete and accurate information regarding each Pet, including age, medical history, current medications, special needs, behavior and temperament, known risks (including aggression or anxiety), and any other relevant information reasonably requested by Fairstrive;
Disclose any pre-existing illnesses, injuries, chronic or terminal conditions, disabilities, or age-related health issues of each Pet;
Provide complete and accurate information regarding the Premises, including any security systems, access instructions, and hazards; and
Provide detailed instructions for the care of each Pet, including feeding schedules, medication dosages and administration methods, litter box maintenance, handling preferences, exercise routines, and emergency contacts.
The Care Plan shall be deemed incorporated into these Terms by reference as between Fairstrive and Client. Fairstrive will use commercially reasonable efforts to follow the Care Plan as provided and agreed during the Meet-and-Greet and any subsequent written modifications accepted by Fairstrive.
Reliance on Client Information. Client acknowledges and agrees that Fairstrive is entitled to rely on the accuracy and completeness of all information and instructions provided by Client, and that Fairstrive shall have no liability arising from or relating to any inaccuracies, omissions, or misrepresentations in such information and instructions.
Service Schedule and Modifications.
Service dates, times, and durations shall be as mutually agreed between Client and Fairstrive and may be set forth in written confirmations, invoices, or schedules issued by Fairstrive.
Any modification to scheduled Services (including cancellations, extensions, or changes in scope) must be requested by Client and accepted by Fairstrive, and may be subject to additional fees or charges in accordance with Fairstrive’s then-current policies.
Emergency Situations and Authority.
In the event that Fairstrive reasonably believes a Pet requires immediate veterinary or other emergency care, or that the Premises is at risk (including fire, break-in, or other significant event), Fairstrive is authorized, but not obligated, to take such actions as it deems reasonably necessary or appropriate under the circumstances, including, without limitation:
Contacting Client and/or Clients emergency contact;
Transporting the Pet to a veterinary clinic or hospital designated by Client in the Care Plan, or, if none is designated or reasonably available, to a veterinarian of Fairstrive’s choosing;
Authorizing veterinary examination and treatment of the Pet to the extent deemed reasonably necessary by the attending veterinarian; and
Contacting law enforcement, emergency services, or other relevant authorities regarding the Premises or the Pet.
Client authorizes Fairstrive to act as Clients agent for the limited purpose of obtaining veterinary or emergency care as described above and agrees to be fully responsible for, and to promptly pay, all costs and expenses incurred in connection with such care, including veterinary fees, medications, transportation charges, and related costs.
Fairstrive shall not be liable for any decisions made in good faith based on the information available at the time of the emergency, even if the outcome is not as Client would have desired.
5Client Obligations and Representations
Accurate Information. Client represents, warrants, and covenants that:
All information provided to Fairstrive regarding Client, the Pet(s), and the Premises is and shall remain true, accurate, complete, and not misleading in any material respect;
Client has disclosed, and will continue to disclose, any and all pre-existing illnesses, injuries, chronic conditions, terminal conditions, disabilities, or age-related decline of the Pet(s); and
Client will promptly update Fairstrive regarding any changes in the Pets health, medications, behavior, or environment that may be relevant to the provision of Services.
Pet Health and Veterinary Care. Client is solely responsible for:
Maintaining the Pet(s) in a reasonably healthy condition appropriate to their age and known medical status;
Ensuring the Pet(s) are current on vaccinations and preventative medications as recommended by the Pets veterinarian or required by law;
Providing Fairstrive with contact information for the Pets veterinarian and any emergency veterinary facilities; and
Promptly seeking veterinary care for the Pet(s) for non-emergency issues not apparent during the period of Services.
Safe Premises and Access. Client shall:
Ensure that the Premises are reasonably safe, secure, and free from known hazards that could pose a danger to the Pet(s) or to Fairstrive’s Personnel;
Provide Fairstrive with all keys, codes, and access instructions necessary to enter and exit the Premises safely and lawfully;
Notify Fairstrive of any security systems, alarms, or third-party monitoring services; and
Indemnify Fairstrive for any claims, losses, or damages arising from unsafe conditions or hazards at the Premises, except to the extent caused by the gross negligence or willful misconduct of Fairstrive.
Compliance with Laws. Client shall comply with all applicable laws, ordinances, regulations, and rules relating to ownership and care of the Pet(s), including licensing, vaccination, and animal welfare requirements.
Behavioral Risks. Client acknowledges that:
Animals, including cats, may be inherently unpredictable and may exhibit aggressive, anxious, or destructive behavior without warning, even when previously calm or well-behaved;
Client has disclosed all known behavioral issues or tendencies of each Pet, including aggression, biting, scratching, escaping, or destructive behavior; and
Client is solely responsible for all damages or injuries caused by the Pet(s) to any person (including Fairstrive’s Personnel) or property, except to the limited extent that such damages or injuries are adjudicated to have been caused directly and solely by Fairstrive’s gross negligence or willful misconduct.
6Fees, Payment, and Cancellations
Fees. Client shall pay Fairstrive the fees for the Services as quoted, invoiced, or otherwise communicated by Fairstrive at or before the time of booking, together with any applicable taxes and additional charges.
Invoicing and Payment Terms.
Payment shall be due in accordance with Fairstrive’s then-current payment policies, which may include advance payment at the time of booking, deposits, or payment upon completion of Services.
Fairstrive may accept payment by such methods as it designates from time to time, which may include credit cards, debit cards, electronic transfers, or other payment platforms.
Failure to timely pay any amounts due shall constitute a material breach of these Terms, and Fairstrive may suspend or terminate Services, refuse future bookings, and pursue all available legal and equitable remedies.
Additional Charges. Client shall be responsible for:
Additional time spent by Fairstrive due to unforeseen circumstances arising from incomplete or inaccurate instructions, delays in access to the Premises, or emergency care of the Pet(s);
Any third-party costs incurred by Fairstrive on Clients behalf (including veterinary services, medications, or supplies) as described herein; and
Any applicable late payment fees or interest on past due amounts, at the maximum rate permitted by law.
Cancellations and Refunds. Payment for Services is due in full at the time of booking. Refund eligibility is as follows:
Cancellation 48 or more hours before the first scheduled visit: full refund.
Cancellation within 48 hours of the first scheduled visit: the first visit is non-refundable; all remaining visits are refunded.
Cancellation of individual visits or early termination of Services: visits cancelled with at least 24 hours' notice are refunded; visits cancelled with less than 24 hours' notice are non-refundable.
If Fairstrive cancels a scheduled visit, Client receives a full refund for that visit.
Under no circumstances shall Client be entitled to a refund or reduction of fees based solely on:
A Pets pre-existing illness or condition;
Age-related decline or death of a Pet;
Outcomes or events beyond Fairstrive’s reasonable control; or
Dissatisfaction with the outcome of veterinary or emergency decisions made in good faith.
7Care Plan; Standard of Performance
Care Plan Compliance. Fairstrive agrees to exercise commercially reasonable efforts to perform the Services in a diligent and professional manner and to follow the Care Plan as provided and agreed by Client during the Meet-and-Greet and as may be updated in writing and accepted by Fairstrive. Client acknowledges, however, that:
Deviations from the Care Plan may be necessary or appropriate in the event of emergencies, safety concerns, or circumstances not reasonably anticipated by the Care Plan; and
Fairstrive may exercise reasonable professional judgment to modify the manner or timing of Services in such situations in order to protect the safety and welfare of the Pet(s), Fairstrive’s Personnel, or the Premises.
No Guarantee of Results. While Fairstrive will use reasonable care, skill, and diligence in the provision of the Services, Fairstrive does not and cannot guarantee:
Any particular health outcome for any Pet;
That a Pet will not become ill, injured, escape, or die; or
That the Pet will behave consistently or predictably at all times.
Non-Veterinary Nature of Services. Fairstrive does not provide veterinary, medical, or diagnostic services. All Services are non-medical in nature, unless specifically and expressly agreed otherwise in writing. Client acknowledges that:
Any medication administration by Fairstrive is performed solely in reliance on Clients or the Pets veterinarians instructions;
Fairstrive is not responsible for verifying the medical appropriateness of any medication, dosage, or treatment; and
Client remains solely responsible for obtaining appropriate veterinary advice and care for the Pet(s).
8Assumption of Risk; Specific Disclaimers
General Assumption of Risk. Client understands, acknowledges, and expressly agrees that:
There are inherent risks involved in pet sitting and related services, including, without limitation, risks of illness, injury, stress, escape, property damage, and death of the Pet(s);
These risks may arise from a variety of causes, including but not limited to pre-existing medical conditions, age-related decline, chronic or degenerative diseases, unforeseeable reactions to environmental changes, and the inherently unpredictable nature of animal behavior; and
By engaging Fairstrive to provide the Services, Client knowingly and voluntarily assumes all such inherent risks, except to the limited extent such risks are adjudicated to have been caused directly and solely by Fairstrive’s gross negligence or willful misconduct.
Pre-Existing Illness and Conditions. Without limiting the foregoing, Client acknowledges and agrees that:
Fairstrive is not and shall not be responsible or liable for any illness, injury, deterioration, complications, or death of any Pet arising in whole or in part from any pre-existing medical condition, illness, injury, congenital defect, chronic disease, or any other condition (diagnosed or undiagnosed) that existed, in fact or in onset, prior to the commencement of the applicable Services;
This disclaimer applies whether or not Client has disclosed the condition to Fairstrive, although Clients failure to disclose may independently constitute a breach of these Terms; and
Client bears full responsibility for the Pets underlying health status and for any veterinary care that may be required.
Age-Related Decline or Death. Client further acknowledges and agrees that:
Senior, geriatric, or medically fragile animals, and animals with age-related or degenerative conditions, may be at increased risk of sudden decline, complications, or death, with or without apparent warning;
Fairstrive is not and shall not be responsible or liable for any age-related decline, deterioration, or death of any Pet, even if such decline or death occurs during or shortly after the period of Services; and
Client voluntarily assumes all risk of age-related outcomes, including death, and waives any claim against Fairstrive related thereto, except to the limited extent such outcome is adjudicated to have been caused directly and solely by Fairstrive’s gross negligence or willful misconduct.
Outcomes and Events Beyond Fairstrive’s Control. Client acknowledges and agrees that Fairstrive is not and shall not be responsible or liable for any loss, damage, injury, illness, escape, or death of any Pet, or for any damage to the Premises or third-party property, arising from events or circumstances beyond Fairstrive’s reasonable control, including but not limited to:
Natural disasters, storms, extreme weather, fire, flood, or other acts of God;
Break-ins, vandalism, theft, or other criminal acts by third parties;
Power outages, utility failures, or equipment malfunctions not caused solely by Fairstrive;
Sudden illness, injury, or death of a Pet due to unknown, latent, or newly emerging medical conditions;
Unpredictable or aggressive behavior of any Pet or third-party animal, including bites, scratches, fights, or escapes;
Failure or negligence of third parties, including veterinarians, emergency responders, building management, neighbors, or other service providers;
Clients failure to provide accurate and complete information or to respond promptly to communications; or
Circumstances in which Fairstrive must deviate from the Care Plan in good faith to address an emergency or safety issue.
9Limitations of Liability
No Special, Indirect, or Consequential Damages. To the maximum extent permitted by applicable law, in no event shall Fairstrive or its Personnel be liable to Client or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of business, loss of goodwill, emotional distress, or loss of personal property, arising out of or in connection with:
The use of or inability to use the Site;
The provision of or failure to provide any Services; or
Any act or omission of Fairstrive or its Personnel,
Liability Cap. To the maximum extent permitted by applicable law, the total aggregate liability of Fairstrive and its Personnel to Client for any and all claims, losses, damages, costs, or expenses, arising out of or related to these Terms, the Site, and/or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall in no event exceed the greater of:
The total amount of fees actually paid by Client to Fairstrive for the specific Services giving rise to the claim during the thirty (30) day period immediately preceding the event giving rise to the claim; or
one thousand dollars ($1,000).
Exclusions from Limitations. The limitations and exclusions of liability set forth in this Section shall not apply to:
Liability that cannot be excluded or limited under applicable law; or
Liability resulting from Fairstrive’s gross negligence or willful misconduct, to the limited extent that such exclusion or limitation is prohibited by applicable law.
Allocation of Risk. Client acknowledges and agrees that:
The fees charged by Fairstrive for the Services are based in part on the expectation that the risk of loss and liability is allocated as set forth in these Terms;
The disclaimers, exclusions, and limitations of liability contained herein form an essential basis of the bargain between the parties; and
Absent such provisions, the fees charged for the Services would be substantially higher.
10Disclaimers of Warranties
Site. The Site is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Fairstrive disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement and any warranties arising out of course of dealing or usage of trade. Fairstrive does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Services. Fairstrive warrants only that it will perform the Services in a commercially reasonable manner, using reasonably skilled Personnel, and in substantial accordance with the Care Plan as agreed and these Terms. Except as expressly set forth in the preceding sentence, Fairstrive makes no other representations or warranties of any kind, and expressly disclaims all implied warranties, including any implied warranties of care, skill, fitness for a particular purpose, or suitability with respect to the Services or results thereof.
No Veterinary Warranties. Fairstrive does not warrant or represent that:
Any action or omission by Fairstrive will result in any particular health outcome for any Pet; or
Any Pet will not become ill, injured, or die, even when Services are performed in accordance with the Care Plan and these Terms.
11Indemnification
Client Indemnity. To the fullest extent permitted by law, Client shall indemnify, defend, and hold harmless Fairstrive and its owners, members, officers, directors, employees, Personnel, contractors, agents, successors, and assigns (collectively, the "Fairstrive Indemnitees") from and against any and all claims, demands, causes of action, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys fees and court costs) arising out of or related to:
Any breach of these Terms by Client;
Any inaccuracy in or omission from any information or instructions provided by Client, including with respect to the Pet(s) or the Premises;
The acts or omissions of Client or any third party under Clients control or direction;
Any act or omission of the Pet(s), including injury to any person or damage to any property;
Any condition of the Premises, except to the limited extent caused directly and solely by Fairstrive’s gross negligence or willful misconduct; and
Any claim by a third party arising from or related to Fairstrive’s lawful presence at the Premises or provision of the Services in accordance with these Terms.
Indemnification Procedure. Fairstrive shall:
Provide Client with prompt written notice of any claim for which indemnification is sought, provided that failure to give prompt notice shall not relieve Client of its obligations except to the extent materially prejudiced thereby;
Permit Client to control the defense and settlement of such claim, provided that Client may not settle any claim without Fairstrive’s prior written consent if the settlement:
Imposes any obligation on any Fairstrive Indemnitee other than the payment of money fully indemnified by Client;
Contains any admission of liability or wrongdoing on the part of any Fairstrive Indemnitee; or
Does not include a full and unconditional release of all Fairstrive Indemnitees; and
Cooperate reasonably with Client, at Clients expense, in the defense of such claim.
12Intellectual Property; Content
Ownership of Site and Materials. The Site, including all text, graphics, logos, trademarks, service marks, images, photographs, videos, designs, software, code, and other content and materials (collectively, "Site Content"), is owned by or licensed to Fairstrive and is protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in these Terms, no license or right is granted to Client by implication, estoppel, or otherwise.
Use of Site Content. Client may view, download, and print limited copies of Site Content solely for personal, non-commercial use in connection with evaluating and engaging the Services, provided that Client:
Does not remove or modify any copyright, trademark, or other proprietary notices;
Does not distribute, reproduce, publicly display, or create derivative works from the Site Content except as expressly permitted; and
Complies with all applicable laws.
Client Content. To the extent Client provides any content, information, reviews, testimonials, or materials to Fairstrive through the Site or otherwise ("Client Content"), Client:
Represents and warrants that Client owns or has the necessary rights to provide and grant the licenses to such Client Content;
Grants Fairstrive a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, distribute, and otherwise exploit such Client Content in connection with operating and improving the Site and Services, and for Fairstrive’s legitimate business purposes, subject to any separate written agreements between the parties; and
Acknowledges that Fairstrive shall have no obligation to use or maintain any Client Content.
Photos and Media of Pets. Fairstrive may, as part of the Services, take photographs or short videos of the Pet(s) (for example, to update Client during visits or to document Services provided). Unless Client expressly opts out in writing:
Client grants Fairstrive a non-exclusive, royalty-free, worldwide license to use such photos or videos, including those sent to Client, for internal documentation, training, quality control, and for inclusion in communications with Client; and
Fairstrive may request separate, explicit consent from Client for any use of such photos or videos in marketing or promotional materials, and will not use such media publicly without such consent.
13Confidentiality and Privacy
Confidential Information. In connection with the Site and the Services, each party may receive or have access to non-public, confidential, or proprietary information of the other party, including, without limitation, Clients personal contact information, details about the Pet(s), home access codes and security details, and Fairstrive’s pricing, processes, and business methods ("Confidential Information"). Each party agrees:
To use the other partys Confidential Information solely for the purpose of performing or receiving the Services or using the Site;
To take reasonable steps to protect such Confidential Information from unauthorized disclosure; and
Not to disclose such Confidential Information to any third party except to Personnel, contractors, or advisors who have a legitimate need to know and are bound by appropriate confidentiality obligations.
Exceptions. Confidential Information shall not include information that:
Is or becomes generally available to the public through no breach of these Terms by the receiving party;
Is received from a third party without breach of any obligation of confidentiality;
Is independently developed without use of or reference to the other partys Confidential Information; or
Is required to be disclosed by law, regulation, or court order, provided that, where legally permissible, the receiving party provides prompt notice to the disclosing party and cooperates reasonably in any effort to limit or challenge such disclosure.
Privacy Policy. Fairstrive’s collection, use, and disclosure of personal information through the Site or in connection with the Services is governed by its separate privacy policy, as may be provided to Client or made available by Fairstrive. In the event of a conflict between these Terms and the privacy policy with respect to personal data processing, the privacy policy shall govern to the extent of such conflict.
14Term and Termination
Term. These Terms become effective upon the earlier of Clients first access or use of the Site or Clients first request for or receipt of Services, and shall remain in effect unless and until terminated as provided herein.
Termination by Client. Client may terminate these Terms at any time by:
Ceasing all use of the Site; and
Providing written notice to Fairstrive following completion and payment in full of all outstanding Services.
Termination by Fairstrive. Fairstrive may, in its sole discretion and without liability to Client:
Suspend or terminate Clients access to the Site; and/or
Decline or discontinue Services (whether ongoing or future), immediately upon notice to Client, for any of the following reasons:
Clients breach of these Terms;
Non-payment of any amounts due;
Safety concerns for Fairstrive’s Personnel or the Pet(s);
Unsafe or unsuitable conditions at the Premises;
Hostile, abusive, or inappropriate behavior by Client; or
Any other reason that, in Fairstrive’s good faith judgment, makes continuation of Services inadvisable or impracticable.
Effect of Termination.
Termination of these Terms shall not relieve Client of its obligation to pay all fees and charges accrued or incurred prior to the effective date of termination.
Sections of these Terms that by their nature should survive termination (including, without limitation, Sections relating to limitations of liability, indemnification, intellectual property, confidentiality, and dispute resolution) shall so survive.
15Governing Law; Dispute Resolution
Governing Law. These Terms, and any dispute arising out of or relating to these Terms, the Site, or the Services, shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice or conflict of law provisions or rules that would require the application of laws of any other jurisdiction.
Venue and Jurisdiction. Subject to any arbitration clause agreed in writing by the parties, Client agrees that any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the state or federal courts located in Barrow County, Georgia, and Client irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection thereto on the grounds of venue, forum non conveniens, or any similar basis.
Informal Resolution. Before initiating any formal legal proceeding or arbitration, the parties shall first attempt in good faith to resolve any dispute by informal negotiations. Either party may initiate such negotiations by providing written notice to the other party of the dispute and the relevant facts. If the parties are unable to resolve the dispute within thirty (30) days after such notice, either party may pursue available legal or equitable remedies.
Mediation. If Fairstrive includes an mediation requirement in a separate written agreement or policy and Client agrees thereto, then, to the extent of such agreement:
Any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the Services shall be submitted to binding mediation administered by a recognized arbitration organization under its applicable rules; and
"The Mediation settlement may be entered in any court having jurisdiction. To the extent applicable, any such mediation provision shall be read together with this Section to give full effect to the parties chosen dispute resolution mechanism."
Attorneys Fees. To the extent permitted by applicable law, in any action or proceeding to enforce these Terms or arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys fees and costs from the non-prevailing party.
16Force Majeure
Force Majeure Events. Fairstrive shall not be liable for any failure or delay in performance of its obligations under these Terms (other than payment obligations, if any) to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to:
Acts of God, natural disasters, storms, floods, fires, earthquakes, or extreme weather;
War, terrorism, civil unrest, riots, or other acts of violence;
Labor disputes, strikes, or lockouts;
Epidemics, pandemics, public health emergencies, or governmental orders;
Utility failures, power outages, or network failures not under Fairstrive’s direct control; or
Other events or circumstances beyond Fairstrive’s reasonable control.
Notice and Mitigation. In the event of a force majeure event, Fairstrive shall:
Use commercially reasonable efforts to notify Client of the nature and expected duration of the event; and
Use commercially reasonable efforts to resume performance as soon as reasonably practicable under the circumstances.
17Relationship of the Parties
Independent Contractor. Fairstrive is and shall remain an independent contractor with respect to Client. Nothing in these Terms shall be construed to create any partnership, joint venture, employment, agency, or fiduciary relationship between the parties.
No Authority to Bind. Neither party has any authority to bind the other party or incur obligations on the other partys behalf unless expressly agreed in writing, other than the limited authority granted to Fairstrive to obtain emergency veterinary care for the Pet(s) as set forth herein.
18Notices
Notices to Client. Fairstrive may provide notices to Client by:
Email to the email address provided by Client;
Postal mail or courier service to the physical address provided by Client; or
Posting on the Site or through any client portal made available by Fairstrive. Notices shall be deemed given on the date sent (for email), the date received as indicated by carrier records (for postal mail or courier), or the date of posting (for notices on the Site or portal).
Notices to Fairstrive. All legal notices or communications to Fairstrive under these Terms shall be in writing and shall be deemed given when:
Delivered personally;
Sent by confirmed email to an address designated by Fairstrive for such notices; or
Sent by recognized overnight courier or registered or certified mail, return receipt requested, to Fairstrive at its principal business address, as specified on the Site or otherwise communicated to Client.
19Miscellaneous
Entire Agreement. These Terms, together with any supplemental written agreements, service confirmations, or policies expressly incorporated herein by reference, constitute the entire agreement between Client and Fairstrive with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
Amendments. No amendment, modification, or waiver of any provision of these Terms shall be effective unless in writing and signed or electronically accepted by the party against whom enforcement is sought, except as otherwise expressly provided herein for unilateral updates by Fairstrive.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
No Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Fairstrive to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment. Client may not assign, transfer, or delegate any of its rights or obligations under these Terms, whether by operation of law or otherwise, without Fairstrive’s prior written consent. Fairstrive may assign or transfer its rights and obligations under these Terms in its sole discretion, including in connection with a merger, acquisition, reorganization, or sale of substantially all of assets.
Third-Party Beneficiaries. Except as expressly provided otherwise in these Terms, these Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
Headings. The section and subsection headings in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms.
Interpretation. Whenever the context requires, words in the singular shall include the plural and vice versa, and words importing any gender shall include all genders. The terms "including," "include," and similar expressions mean "including without limitation."
Electronic Signatures and Acceptance. Client agrees that its electronic acceptance of these Terms (including by clicking "I agree," "Book," "Submit," or similar buttons; by scheduling Services; or by continuing to use the Site or receive the Services after being presented with these Terms or any updated version) shall constitute valid and binding acceptance to the same extent as a handwritten signature.
Contact Information. If you have any questions regarding these Terms, the Site, or the Services, you may contact Fairstrive at its principal business address or via the contact information provided on the Site.