Service Agreement (House Sitting)

for Your State

This House Sitting Services Agreement is between a client and an individual who will house sit during client's absence. This agreement sets out the specific duties the house sitter should perform and the dates and times he or she should visit the home. It is imperative that this service agreement be clearly set out in writing.

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This House Sitting Services Agreement is between a client and an individual who will house sit in the client’s absence. This agreement sets out the detailed terms of the arrangement including the specific services the house sitter will perform, the duration and location of the services, how much the house sitter will be paid and any expenses which will be reimbursed by the client. It also sets out that house sitter is an independent contractor and not an employee of the client. It is important that this type of business transaction be clearly set out in writing. A written House Sitting Services Agreement will be useful in the event there are disagreements or miscommunications as to the services the house sitter will perform.

This House Sitting Services Agreement contains the following provisions:
  • Parties: Sets forth the name and address of the house sitter and the client;
  • Services: A detailed list of the house sitting services the house sitter will perform;
  • Premises/Duration: Sets out the location and times and dates of the services;
  • Equipment: Sets forth that house sitter will provide their own equipment unless specified otherwise;
  • Payment/Other Expenses: Sets out how much the house sitter will be paid and if out-of-pocket expenses will be reimbursed;
  • Independent Contractor: The house sitter is considered an independent contractor;
  • Termination: Client can terminate this agreement by written notice if house sitter commits a breach and fails to remedy or if client find the house sitting services to be unacceptable;
  • Signature: Both client and house sitter must sign the agreement.

Protect Yourself, Your Rights and Your Property by purchasing this attorney-prepared form.

This attorney-prepared package includes:
  1. General Information
  2. Instructions and Checklist
  3. Step-by-Step Instructions
  4. House Sitting Services Agreement
State Law Compliance: This form complies with the laws of all states
Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43432
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.










House Sitting Services Agreement







This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Step-by-Step Instructions
4.  House Sitting Services Agreement














General Information
House Sitting Services Agreement

This House Sitting Services Agreement is between a Client and a House Sitter who will perform house sitting services for a Client.  This services agreement sets out the specific terms of the arrangement including the services to be rendered (check on pets, pick-up mail and newspaper, water plants, remove trash, lawn maintenance, etc.), the location where the services will be performed, the specific hours and dates the house sitting services should be rendered and how much the House Sitter will be paid.  This agreement also sets forth that House Sitter is considered an independent contractor and not an employee or agent of the Client.
It is crucial that this arrangement be set out in writing rather than by oral agreement.  A written House Sitting Services Agreement will prove useful in the event of disagreements or misunderstandings between the parties regarding the scope and extent of the house sitting services.    

  



Instructions and Checklist


House Sitting Services Agreement

  Both parties should read the agreement carefully.
   Insert all requested information in the spaces provided on the form.
   This agreement includes an arbitration provision.  If you prefer to settle any disputes through the court system, simply remove this language from the Dispute Resolution provision and replace with applicable language.  
     This form contains the basic terms and language that should be included in similar agreements.  
     Both the Client and the House Sitter must sign the agreement.
   Both parties should retain either an original or copy of the signed agreement.
   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  



   













Step-by-Step Instructions


House Sitting Services Agreement

The following instructions will walk you through each provision to help you fully understand the terms of your agreement.  The numbers below correspond with the respective provision within the Agreement.
Heading: Fill in the date that the Agreement is being entered into, and the name of each party (both Client and House Sitter).
Section 1: Services. Describe in detail the specific services the House Sitter will provide to Client.
Section 3: Location. Specify the exact location where the house sitting services will take place.
Section 4: Duration. Specify the exact date the house sitting services will commence and the hours the House Sitter should perform these services.
Section 4: Equipment. Fill in the type of equipment which Client will provide; otherwise the House Sitter will use his or her own equipment.  
Section 5:  Payment.  Fill in the amount the House Sitter will be paid.  Specify when the payments will be made and whether the payment will be in the form of cash, check or credit card.
Section 6: Expenses.  Fill in the exact expenses which Client will reimburse to House Sitter.  


Section 7:  Independent Contractor. Sets forth that House Sitter is considered an independent contractor and not an employee, agent or broker of the Client.
Section 8: Assignment. The House Sitter may not assign or delegate any of its duties under this services contract to another party without the prior written consent of the Client.
Section 9: Termination. The Client may terminate this contract if House Sitter commits any material breach and fails to cure within two days or if there is a repeated failure to provide acceptable services.
Section 10: Notice.  Fill in the mailing address of each party to be used for mailing of written notices.



Section 11: Governing Law.  Fill in the state whose laws will govern this agreement.
Section 12: Dispute Resolution: All disputes under this services agreement will be settled pursuant to the rules and regulations of the American Arbitration Association.
Section 13: Severability: If any provisions under this agreement are held to be illegal or invalid, the agreement shall be construed as if those provisions had never been a part of this agreement.
Section 14: Limitation on Liability: In no event shall either party be liable to the other for indirect, incidental, consequential, special or exemplary damages.  
Section 15: Liability: The Client waives any and all claims against House Sitter unless they arise from the House Sitters negligence.


Section 16: Entire Agreement/Amendment: This agreement is the final agreement between the parties and supersedes all prior agreements.  No modification or amendment shall be effective unless set forth in writing and signed by both parties.
Signature Block.  Each party should sign and date an original agreement and retain the original agreement for their review and reference.
















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HOUSE SITTING SERVICES AGREEMENT

THIS HOUSE SITTING SERVICES AGREEMENT (the Agreement) is made and entered on this ___ day of ________________, 20____, by and between ____________________________ of ______________________________ (the House Sitter) and ______________________ of _________________________________ (the Client) (collectively the Parties).

RECITALS

WHEREAS, Client desires to obtain certain House Sitting Services from the House Sitter; and

WHEREAS, the House Sitter hereby agrees to provide such House Sitting Services to the Client in accordance with the terms and conditions contained in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

1.   HOUSE SITTING SERVICES

House Sitter will perform the following House Sitting Services:
Mail/paper, Indoor Plants watered, Outdoor Plants Watered, Security Check, Trash, Recycle, Lawn Watered, Lawn Mowed, Pool Maintenance, Pets, Other: _________________________________ ________________________________________________________ (House Sitting Services). House Sitter agrees to provide House Sitting Services in a reliable and trustworthy manner.

2.   PREMISES

The House Sitter shall perform the House Sitting Services in the following Premises:
________________________________________________________________________________________________________________________________________________ (Premises)

3.   DURATION

The House Sitting Services shall be commenced on the ____day of _________________, 20__, and shall be substantially completed by the _____________ day of ________________, 20__.  The Services shall be performed between __________ a.m. and _________ p.m. Client will give House Sitter access to the Premises during these hours and any additional mutually agreed upon times.

4.   EQUIPMENT

While performing the House Sitting Services, House Sitter will use his/her own equipment except for the following equipment, which shall be provided by the Client: __________________________________________________________________________________________________________________________________________________________________
5.   PAYMENT

Client shall pay the House Sitter for its House Sitting Services the sum of $________. The said payment shall be made in the following manner: ________________________________________
______________________________________________________________________________ _______________________________________________________________________________

6.   EXPENSES

Client shall reimburse House Sitter for the following expenses only: ________________________
_______________________________________________________________________________

7.   INDEPENDENT CONTRACTOR 

House Sitter shall provide the House Sitting Services as an independent contractor and House Sitter shall not act as an employee, agent or broker of the Client. As an independent contractor, House Sitter will be solely responsible for paying any and all taxes levied by applicable laws on its compensation.

8.   ASSIGNMENT

House Sitter shall not assign any of his/her rights under this Agreement, or delegate the performance of any of the obligations or duties hereunder, without the prior written consent of the Client and any attempt by House Sitter to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.

9.   TERMINATION

The Client can terminate this Agreement by giving written notice: (a) if the House Sitter commits any material breach of this Agreement or fails to remedy any breach within 2 days of notice. (b) if there is any repeated or persistent failure on part of the House Sitter to provide service of an acceptable standard.

10.   NOTICES

Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving partys regular business hours or by facsimile before or during receiving partys regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section.

Client:
____________________________________
____________________________________
____________________________________
House Sitter:
____________________________________
____________________________________
____________________________________

11.   GOVERNING LAW
  
This Agreement is to be construed in accordance with and governed by the internal laws of the State of _________________________.

12.   DISPUTE RESOLUTION

All disputes under this Agreement shall be settled by arbitration in _________________ before a single arbitrator pursuant to the commercial law rules of the American Arbitration Association. Arbitration may be commenced at any time by any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the Parties hereto.

This provision for arbitration shall be specifically enforceable by the Parties and the decision of the arbitrator in accordance herewith shall be final and binding without right of appeal.

13.   SEVERABILITY

If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.

14.   LIMITATION OF LIABILITY  

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, DAMAGES FOR LOSS OF PROFITS, INCURRED BY THE OTHER PARTY ARISING OUT OF THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEITHER PARTYS LIABILITY ON ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT SHALL EXCEED THE AMOUNTS PAID TO HOUSE SITTER.

15.   LIABILITY

In consideration of the House Sitting Services, the Client expressly waives any and all claims against House Sitter, unless arising from negligence on the part of House Sitter.

16.   ENTIRE AGREEMENT; AMENDMENT

This Agreement is the final, complete and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the Parties relating to the subject matter hereof and all past courses of dealing or industry custom. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.

IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date first set forth above.

CLIENT                         HOUSE SITTER

By: _____________________________      By: ______________________________

Name:   __________________________      Name:   __________________________

Title:   __________________________      Title: ___________________________

Date: ____________________________      Date: ____________________________


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