Client Service Agreements: Guidance for Veterinary Businesses (working document)

about this guidance this guidance helps veterinary businesses understand what should be included in a written agreement with clients when accepting animals under their care it supports compliance with the veterinary council of new zealand's code of professional conduct (code), which, from april 2026, requires veterinarians to document the agreement to provide veterinary services to a client's animals (code, section 2 4) a written client service agreement, sometimes called terms of service (tos) or terms of trade, is the formal record of that relationship it sets out the services the practice will provide, what the client can expect, and what happens in an emergency it protects both the client and the practice this practice guidance is our interpretation of how legal and professional requirements apply in this situation it is designed to help practices deal with a common issue, using judgement to apply the advice to their own situation practices may approach this differently, provided their approach complies with the code and relevant new zealand law \what the code now requires (section 2 4 — effective march 2026)\ when accepting animals into your care, you must • document the agreement to provide veterinary services to the specified animal(s) • record the agreement in the clinical record the written agreement must include • a description of services provided • emergency and after hours care arrangements (or a named alternative practice) • an expiry clause (care responsibility terminates if animals are not seen within the specified period) • provision for annual review, or review on material change • a dispute and termination clause • for production animal practices farm description, stock types and numbers, rvm training undertaking, and disclosure of other treating veterinarians the code requirement reflects right touch regulation principles the risk being addressed is the potential for harm to animal welfare, clients, and public trust that can arise when the responsibilities of a veterinary practice and the expectations of a client are unclear clear, documented service agreements are a proportionate, targeted, and low burden means of addressing this risk they support compliance rather than creating unnecessary administrative overhead, and the content required mirrors good commercial and professional practice already common across the sector 1\ description of services \principle\ \what it covers\ \why it matters\ be clear about what you do, and what you do not do your tos should describe the types of veterinary services you provide (e g companion animal general practice, equine services, farm animal services, specialist referral services) it should also note any significant limitations for example, if you provide a specific and limited range of services only clients need to know what they are signing up for clarity about your service scope reduces complaints and sets appropriate expectations it also matters for determining who is responsible for emergency cover and rvm authorisation your description should cover • the species and types of animals you see • the nature of services offered (e g consultations, diagnostics, surgery, preventive care, prescription of registered veterinary medicines (rvms)) • whether you are a general veterinary practice (gvp) or operate as a specific and limited range service provider (e g specialist, house call euthanasia, equine dentistry) • the physical location(s) from which services are delivered example 'we provide general companion animal veterinary services from our clinic at \[address] we see dogs, cats, and small animals we do not provide large animal or equine services ' 2\ agreement to accept animals into care \principle\ \what it covers\ \why it matters\ document when a veterinary relationship begins your tos should record that the client has requested, and the practice has accepted, responsibility for the health and welfare of the client's animals (or a specified aspect of it) this is the formal record of the veterinary client patient relationship this establishes legal and professional clarity about who is responsible for the animals' care without this, there is ambiguity about emergency obligations, rvm authorisation rights, and continuity of care responsibilities your tos should include • a statement that the practice accepts the client's animals into its care from the date of the agreement (e g from the date of first consultation) • the animals or classes of animals covered (for production animal practices farm name, property, stock types and numbers) • an expiry clause specifying that care responsibility lapses if the animals have not been seen within a defined period (e g 24 months) unless renewed • a provision for annual review, or review when there is a material change in the client's animals or circumstances example ‘by using our services, you are requesting that \[practice name] accepts your animals into our care this agreement applies to the animals described below and will remain in effect while your animals continue to be seen by us, and for \[12/24] months from your most recent visit we will contact you to review this agreement annually ’ authorised agents animals are not always brought to the practice by their registered owner family members, farm staff, pet sitters, and neighbours commonly present animals on the owner’s behalf a practice may accept instructions from a third party who presents themselves as the owner’s authorised agent, and may reasonably rely on that person’s self declaration of authority the practice is not required to independently verify that authority your tos should make clear that • the practice will accept instructions from a third party who presents an animal on the registered owner’s behalf, provided that person represents themselves as having authority to act for the owner • the owner remains responsible for the animal’s welfare and for any fees incurred, regardless of who presented the animal • the practice reserves the right to decline to accept instructions from a third party where there is a reason to doubt their authority, or where doing so would not be in the interests of the animal example ‘we may accept instructions from a person who presents your animal on your behalf, provided they represent themselves as authorised to act for you you remain responsible for any fees incurred please advise us if there are people you do not wish to be accepted as acting on your behalf ’ 3\ emergency and after hours care \principle\ \what it covers\ \why it matters\ tell clients clearly what to do in an emergency your tos must explain what emergency and after hours veterinary services are available to clients, and how to access them this includes whether your practice provides its own after hours cover, shares cover with a nearby practice, or has an arrangement with a dedicated emergency clinic all veterinarians in clinical practice must make emergency provision available at all times (code, section 5 7) clients have a legal obligation to meet the welfare needs of their animals (animal welfare act 1999, s 11) informing clients of emergency arrangements helps them plan ahead and reduces the risk of animals suffering avoidable harm your tos should clearly state • how clients should contact you or an after hours provider in an emergency • the name and contact details of any after hours emergency clinic or shared service arrangement • any limitations on emergency cover (e g for specific and limited range service providers emergency cover extends only to matters consulted on, or complications arising from procedures performed) • whether clients may need to travel to an alternative location for after hours care example 'after hours emergency care for animals under our care is provided by \[emergency clinic name], located at \[address], telephone \[number] if your animal requires urgent care outside our opening hours, please contact them directly \[our team will be notified and will follow up with you the next business day ]' 4\ consent to examination and treatment \principle\ \what it covers\ \why it matters\ acknowledge the inherent risks of veterinary care and the need for client consent your tos should acknowledge that veterinary procedures carry inherent risk, confirm your commitment to seeking informed consent before treatment, and include client authority for emergency treatment where the client cannot be contacted in time veterinarians must obtain informed consent before proceeding with treatment (code, section 2 2) the tos provides a standing authority for emergency treatment that protects animal welfare when time does not permit full consultation this is standard practice across the sector and well understood by clients your tos should include • acknowledgement that veterinary procedures carry an inherent level of risk, including the possibility of complications or death • confirmation that you will seek the client's informed consent before undertaking treatment wherever possible • authority for the practice to proceed with treatment without prior consent where it is not possible to contact the client and treatment is necessary in the interests of the animal's welfare • a note on how informed consent is documented (e g on a separate consent form at each visit) note informed consent for specific treatments or procedures is a separate process and should be documented at the time of each consultation your tos provides the standing framework; individual consent forms address specific procedures these are complementary, not interchangeable 5\ fees, estimates, and payment \principle\ \what it covers\ \why it matters\ be transparent about how fees are set, estimated, and paid your tos should explain how fees are calculated, when payment is due, what payment methods are accepted, and what happens if accounts are overdue it should also make clear that estimates are not fixed quotes price transparency is part of good professional practice (code, section 4) clients need to understand their financial obligations before treatment clear payment terms reduce disputes, protect the practice's viability, and help clients plan for veterinary costs your tos should cover • how fees are calculated (e g time spent, complexity of treatment, hospitalisations, materials, and medications used) • that estimates are indicative only and the final cost may differ, including if unexpected complications arise or the scope of treatment changes • that gst will be added to all amounts • when payment is due (e g at the time of service, or by the 20th of the following month for account holders) • accepted payment methods • your deposit policy (e g a deposit may be required before major procedures commence) • your policy on overdue accounts, including interest and debt recovery • your returns and refunds policy for goods (noting that refrigerated goods generally cannot be returned for safety reasons) practices serving production animal clients should also address arrangements for account holders, credit terms, and any rebate or purchasing scheme arrangements note on withholding services for non payment practices may suspend further services where there are outstanding amounts however, the code requires that essential emergency treatment must not be withheld solely due to unpaid accounts animal welfare obligations take precedence (code, section 5 7 3) some practice tos documents in the sector include a carve out for this, for example ‘ except for the relief of pain and suffering ’ inability to pay your tos should make clear what happens if a client cannot pay it should invite clients to raise financial concerns with practice staff before treatment commences, wherever possible it must also confirm that emergency treatment to relieve pain and suffering will be provided regardless of a client’s ability to pay this is not merely good practice it is a requirement of the code (section 5 7 3) and reflects the fundamental ethical obligations of the profession it is also worth noting that a client’s inability to pay does not transfer legal responsibility for the animal’s welfare to the practice under the animal welfare act 1999, the owner or person in charge of an animal remains responsible for meeting its needs practices may wish to include a short statement to this effect in their tos example ‘if you are unable to pay for treatment, please speak with a member of our team before treatment commences we will always provide emergency treatment to relieve pain and suffering, regardless of your ability to pay we may suspend non emergency services where there are outstanding unpaid amounts outstanding accounts may be referred to a debt collection agency ’ deposits for major procedures, hospitalisation, and emergency admissions deposit requirements are particularly important to communicate clearly in advance of major procedures, overnight hospitalisation, and emergency admissions in these situations, fee estimates are often approximate, and treatment costs can increase as the clinical picture evolves your tos should make clear that a deposit may be required before major procedures or hospitalisations commence, and that the client’s liability for the full cost of treatment continues regardless of the estimate given at admission appointment cancellation (optional) practices may wish to include a cancellation policy for booked appointments and surgical procedures late cancellations and non attendance affect other clients who need appointments and have a real cost to the practice a cancellation policy is commercially appropriate provided it is clearly communicated to clients in advance where a deposit has been paid for a procedure (see above), the tos should specify under what circumstances the deposit will or will not be refunded if the client cancels example ‘if you need to cancel or postpone an appointment, please provide at least 24 hours’ notice late cancellations or non attendance may incur a cancellation fee for surgical procedures where a deposit has been paid, the deposit will be refunded if we cancel the procedure or if your animal is assessed as medically unsuitable to proceed on the day deposits may not be refunded if you cancel within \[48/72] hours of the scheduled procedure ’ 6\ privacy and use of personal information \principle\ \what it covers\ \why it matters\ explain how you collect, use, and protect personal information your tos or an accompanying privacy notice should set out what personal information you collect, why you collect it, how you use it, and how clients can access or correct their information veterinary practices are subject to the privacy act 2020 clients have rights regarding their personal information and must be informed of how it will be used this is both a legal obligation and an ethical one under the code (section 2 1 3) your privacy statement should address • what personal information is collected (name, contact details, billing information, clinical information about animals) • why it is collected and how it will be used (service delivery, billing, credit assessment, legal compliance) • who it may be shared with (e g referring veterinarians, insurers, debt collection agencies — with appropriate consent or under lawful grounds) • how clients can access and correct personal information held about them • your obligations under the privacy act 2020, including notification of notifiable privacy breaches a separate privacy notice (rather than embedding all details in the tos) is an acceptable and often preferable approach, provided clients are directed to it, and it is readily accessible in either case, your tos should reference your privacy obligations and the client's rights 7\ ownership of clinical records \principle\ \what it covers\ \why it matters\ be clear about who owns clinical records, and how clients can access them your tos should state that clinical records, diagnostic images, and investigation results are owned by the practice it should also explain how clients can request copies, and how records will be transferred if they change practices ownership of clinical records is a common source of client confusion and complaint clarity in the tos helps clients understand their rights, sets appropriate expectations, and supports continuity of care when animals move to a new practice your tos should address • that clinical records, including consultation notes, diagnostic images, radiographs, laboratory results, and other investigation records, are owned by the practice • that clients have the right to request a copy of their animal’s clinical records, and how to do so (noting that a reasonable fee may apply) • that records will be transferred promptly to another veterinary practice on the client’s written request, consistent with the practice’s obligations under the code regarding continuity of care example ‘clinical records relating to your animal’s care, including consultation notes and diagnostic images, are owned by this practice you may request a copy of your animal’s records at any time by contacting \[practice name/contact] a reasonable fee may apply if you are moving to another veterinary practice, we will transfer your animal’s records promptly on your written request ’ 8\ limitation of liability \principle\ \what it covers\ \why it matters\ set appropriate and lawful limits on liability for outcomes outside your control your tos should address the limits of the practice's liability for adverse outcomes, including unexpected complications of treatment, death of animals, or losses that arise indirectly from services provided veterinary services carry inherent risk that cannot always be eliminated limitation of liability clauses help manage commercial risk for the practice while ensuring clients understand this however, such clauses must operate within the boundaries of new zealand consumer protection law key considerations • the consumer guarantees act 1993 (cga) provides statutory guarantees to consumers that cannot be fully excluded limitation clauses in tos documents do not override these rights for consumer (non business) clients • if clients are acquiring services for business purposes (e g production animal farming), the cga may be excluded by agreement between the parties, provided both are acting in trade this is a common feature of agricultural veterinary tos documents • the fair trading act 1986 prohibits unfair contract terms in consumer and small trade contracts tos terms must not be misleading or deceptive • liability for consequential loss (e g loss of production, loss of prize animals' value) is commonly limited or excluded, subject to the above • any cap on liability should not exclude liability for negligence to the extent it causes direct physical harm the interaction between limitation of liability clauses, the consumer guarantees act 1993, and the fair trading act 1986 is complex and fact specific practices should seek legal advice when drafting or updating limitation of liability clauses, particularly where their client base includes a mix of consumer and commercial clients practices should also consider consulting their indemnity insurance provider type of expertise recommended commercial/consumer law 9\ ending the relationship \principle\ \what it covers\ \why it matters\ be clear about how the relationship can be ended by either party your tos should explain the circumstances in which either party may end the client practice relationship, and what happens when it ends veterinarians are not obliged to continue providing services to a client, provided animal welfare is not compromised (code, section 2 4) a clear termination clause reduces ambiguity and supports the management of difficult situations it also helps clients understand the need to register with another practice if they are leaving your tos should address • the practice's right to end the relationship with reasonable notice, provided animal welfare is not compromised, including notification in writing • the client's right to end the relationship at any time (noting that outstanding accounts remain payable) • what happens to ongoing treatment plans when the relationship ends (e g referral to another practice, transfer of clinical records) • the practice's continuing obligation to provide emergency care for animal welfare, even after the relationship has ended, until the client has registered elsewhere • the expiry clause for animals not seen within the specified period 10\ complaints and dispute resolution \principle\ \what it covers\ \why it matters\ tell clients how to raise concerns and how disputes will be resolved your tos should set out a clear, accessible process for clients to raise concerns about services, and explain what happens if a dispute cannot be resolved informally a transparent complaints process supports trust in the practice and the profession it also demonstrates to clients that there is a path to resolution, short of formal complaints, to the vet council the code expects veterinarians to respond to client concerns professionally and constructively your tos should • invite clients to raise concerns with the attending veterinarian in the first instance • identify a practice level contact (e g practice manager or director) for unresolved concerns • describe your formal dispute resolution process (e g mediation before litigation) • reference the vet council as the body to which complaints about professional conduct may be made (www vetcouncil org nz) • specify the timeframe for raising complaints about specific services or products (e g within 14 or 30 days of service) example 'if you have a concern about any service we have provided, please speak with the attending veterinarian or our practice manager in the first instance if your concern is not resolved, you can contact \[name/role] at \[contact details] in the event of a dispute that cannot be resolved through discussion, either party may initiate mediation you may also contact the veterinary council of new zealand at any time to raise concerns about professional conduct ' 11\ additional requirements for production animal practices practices providing veterinary services to production animal clients (dairy, beef, sheep, deer, pigs, etc ) should include additional information in their client service agreements, reflecting the particular responsibilities that apply in this context farm and stock description the agreement should identify the farm property, the types and approximate numbers of stock to which the agreement applies, and the client's contact details, including emergency contacts other treating veterinarians where it is known that other veterinarians are providing services to the same client's animals (e g for specialist services, reproduction, or nutrition consultancy), the agreement should record this veterinarians who know that other practitioners are involved have responsibilities to communicate with them (code, section 3 1) rvm training and authorisation many production animal practices authorise farmers and farm staff to hold and use certain restricted veterinary medicines (rvms) themselves, rather than requiring a veterinarian to be present every time a medicine needs to be administered this is a routine and important part of how farm animal health is managed in new zealand however, it requires a veterinary authorisation to be in place, and the authorising veterinarian must be satisfied that the people using the medicines are competent to do so safely the formal mechanism for this is a veterinary authorisation for future use (vfu), a written authorisation from the practice that allows named farm staff to hold specified rvms and use them for defined purposes, on defined animals, according to the veterinarian’s instructions, without requiring a case specific consultation for each use vfus are typically issued as part of the annual herd health consultation and are a practical expression of the ongoing veterinary–client relationship they give farmers the medicines and the knowledge they need to manage common, well understood conditions promptly, while keeping the veterinarian appropriately involved in monitoring, auditing, and advising including vfu arrangements in the client service agreement records that the practice provides this service, names the authorised personnel, and confirms the client’s responsibility to use medicines only as authorised dry cow antibiotic therapy for dairy practices, it may be advisable for the client service agreement to address authorisation of dry cow antibiotic therapy (dcat) and internal teat sealants (its) — the restricted veterinary medicines used at the end of lactation to treat udder infections and protect cows through the dry period from 1 january 2027, the vet council’s updated statement on the authorisation of dry cow antibiotic therapy requires veterinarians to move towards selective, cow level justification for dcat rather than routine whole herd treatment, reflecting the profession’s obligations around responsible antibiotic use and antimicrobial resistance the client service agreement is a practical place to record this service, confirm the practice’s ongoing role in udder health, set out the client’s responsibilities, such as maintaining herd test records, and provide a transparent basis for discussing any changes in approach ahead of 2027 biosecurity obligations new zealand’s freedom from many serious animal diseases underpins the agricultural export economy veterinarians working on farms have legal obligations under the biosecurity act 1993 and the code of professional conduct (section 4 5) to immediately report any suspected notifiable or exotic disease to mpi if a veterinarian suspects such a disease, they must remain on the property, request that all movements on and off the property cease, and call the mpi exotic disease hotline (0800 80 99 66) without delay including biosecurity obligations in the client service agreement is a value addition for farm clients it gives them a clear, documented record of the practice’s own on farm protocols (vehicle hygiene, footwear requirements, and how visits to multiple farms are managed) which demonstrates the practice’s commitment to protecting the farm from disease introduction it also provides the client with a reference for their own obligations under the biosecurity act 1993 and applicable national pest management plans, such as the bovine tuberculosis programme administered by ospri farmers who understand and can evidence compliance with these obligations are better placed to protect their animals, their business, and their access to markets 12\ renewal and review \principle\ \what it covers\ \why it matters\ keep your agreements current your tos should explain when and how the agreement will be reviewed, and how changes to the agreement will be communicated to clients client needs, practice services, and professional standards change over time regular review ensures agreements remain accurate and compliant proactive communication about changes to terms supports transparency and trust your tos should address • the frequency of agreement review (e g annually, or on material change to the services offered or to the client's animals) • how updated terms will be communicated to clients (e g posted on the practice website, sent by email, or presented at the next visit) • when updated terms take effect (e g on the date of next service, or a specified date after notice) 13\ summary checklist for practices use this checklist to assess whether your client service agreement covers the required elements \☐\ \required element\ \source\ ☐ description of services provided code s 2 4 ☐ identification of animals or classes of animals under care code s 2 4 ☐ recorded in the clinical record code s 2 4 ☐ emergency and after hours care arrangements (own or named provider) code ss 2 4, 5 7 ☐ expiry clause (animals not seen — care lapses) code s 2 4 ☐ annual review or review on material change code s 2 4 ☐ dispute and termination clause code s 2 4 ☐ consent to treatment (including emergency authority) code s 2 2 ☐ fee and payment terms code s 4 (price transparency) ☐ privacy statement / reference to privacy notice privacy act 2020 ☐ limitation of liability (checked for cga/fta compliance) cga 1993, fta 1986 ☐ returns and refunds policy for goods cga 1993 ☐ complaints process and reference to vcnz code s 2 1 ☐ authorised agents — who may present animals and accept treatment on the owner’s behalf section 2 ☐ ownership of clinical records and client access rights section 7 ☐ inability to pay — including emergency treatment carve out (code s 5 7 3) code s 5 7 3; awa 1999 ☐ appointment cancellation policy section 5 ☐ policy on recording devices on practice premises privacy act 2020 ☐ \[production animal] farm and stock description code ss 2 4, 5 7 ☐ \[production animal] disclosure of other treating vets code s 3 1 ☐ \[production animal] rvm training undertaking code, acvm act 1997 14\ further guidance and resources the following vcnz resources provide further detail on the topics covered in this guidance • code of professional conduct (march 2026 edition) — particularly sections 2, 3 1, and 5 7 • guidance communicating emergency care and after hours services to clients • guidance informed consent • technical advice disclaimers and informed consent • under the care changes — quick reference cheat sheet (march 2026) for questions about the application of the code to your practice, contact the veterinary council of new zealand at vet\@vetcouncil org nz