PET PRESERVATION PREPAYMENT AGREEMENT
The present Pet Preservation Prepayment Agreement (the “Agreement”) is made by and between BISCHOFF’S PETS, a company based in the State of California and having a place of business at 54 E Magnolia Blvd., city of Burbank, State of California, 91502 (the “Company”) and (the “Pet Owner”). The Company and the Pet Owner are collectively referred to as the “Parties” and individually as a “Party”.
• The Company offers a prepayment plan for pet preservation services.
• The Pet Owner wishes to benefit from this prepayment plan in order to guarantee the preservation of its pet upon passing, as further described in the Exhibit A to this Agreement.
IN CONSIDERATION OF THE ABOVE, the Parties agree as follows:
• Prepayment Plan
Subject to the terms of this Agreement, the Company agrees to provide the pet preservation services for the Pet Owner’s pet (the “Pet”) as identified under Exhibit A to this Agreement. The Pet Owner agrees to pay for the pet preservation services in advance, in equal monthly installments as per the terms of this Agreement.
• Total Cost and Payment Terms
The total cost payable for the pet preservation services will depend on the Pet’s size, weight, species and the preservation options selected. The total cost payable by the Pet Owner will be listed under Exhibit A and will be referred to as the “Total Cost”.
Unless otherwise provided, the Total Cost will be payable by the Pet Owner to the Company in thirty-six (36) equal monthly installments. The monthly sum to be paid by the Pet Owner will be listed in Exhibit A.
The Pet Owner acknowledges that any sums paid to the Company under this Agreement are final, and may not be refunded to the Pet Owner, except if authorized by the Company in writing under exceptional circumstances.
• Execution of the Preservation Services
The Pet Owner may modify the preservation services selected at any time, by notifying the Company in writing. The Pet Owner acknowledges that the Total Cost may change upon selecting a different pet preservation package. The Company will then modify the Exhibit A and the monthly payments will be adjusted accordingly.
Upon the full payment of the Total Cost by the Pet Owner, the Pet Owner will be entitled to the preservation services listed in Exhibit A once the Pet passes.
Upon partial payment of the Total Cost by the Pet Owner at the time of the Pet’s passing, the balance of the Total Cost will be payable by the Pet Owner to the Company. The Pet Owner acknowledges that any portion of the Total Cost paid will be credited towards the pet preservation services listed in Exhibit A. The balance may be payable in one installment or subject to the payment terms agreed to between the Parties upon the passing of the Pet.
At any time prior to the performance of the preservation services by the Company, the Pet Owner may transfer the portion of the Total Cost paid to a third party, in accordance with Section 5.3 hereof.
This Agreement will come into effect as of the first payment date specified in Exhibit A.
Either Party may terminate this Agreement at any time upon providing a written notice to the other Party.
The Pet Owner acknowledges if the Total Cost has not been paid in full upon termination of this Agreement, the Company may not perform the pet preservation services. If this Agreement is terminated prior to the Pet’s passing, the Pet Owner may transfer any payments made towards the Total Cost to benefit a third party, as per the terms of this Agreement, or may pay the Company the balance owed to benefit from the pet preservation services.
• General Provisions
This Agreement, including its Schedule A, constitutes the entire agreement between the Parties pertaining to the prepayment of the pet preservation services. No amendment to this Agreement will be binding unless made in writing and signed by both Parties.
Governing Law and Jurisdiction
This Agreement will be construed in accordance with the laws in force in the State of California. In the event of any dispute, the Parties will use reasonable efforts to settle the dispute by amicable negotiations.
The Pet Owner may transfer the portion of the Total Cost paid by the Pet Owner to benefit a third party, upon receiving the Company’s prior written consent. The Company will not unreasonably withhold its consent to the proposed transfer. Upon accepting the transfer of the sums paid by the Pet Owner to a designated third party, this Agreement will be assigned and transferred to such third party.
NOTE: The pet preservation process will include the removal of internal organs. This is necessary to ensure quality of preservation. Positioning (placement of legs, mouth, head etc.) will be based on pictures/reference images provided/chosen by pet owner.
Bischoff’s Pets will utilize written and photographic instructions/references to recreate the living pose of pet. However, there are certain facial expressions that are unique to the pet and cannot be duplicated perfectly. Position of your pet may vary slightly when the actual posing is complete. Pet Owner understands and assumes this risk.
After the pet has been placed in the freeze-drier, Pet Owner understands that the pose cannot be changed.
Certain conditions cannot be rectified by Bischoff’s Pets. These conditions may affect the physical appearance of the pet and are the Pet Owner’s risk. Conditions may include but are not limited to, significant weight loss prior to passing, hair loss, shavings for medical treatment, (forearms for IV’s, bandages) significant trauma, improper freezing, etc.
Due to discrepancies in freeze drying time between pet species, Pet Owner understands that time frame of the pet preservation given upon initial consultation by Bischoff’s Pets is an estimate and may vary considerably.
CONSEQUENTLY, the Parties signed this Pet Preservation Prepayment Agreement.
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Signed by Rey Macias
Signed On: April 7, 2020
If you have questions about the contents of this document, you can email the document owner.
Document Name: PET PRESERVATION PREPAYMENT AGREEMENT
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