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Parties and Terms: The “On The Ball K-9 Board & Train, or Training Agreement” (the Agreement) is a contract for services between On The Ball K-9 Training, LLC (the Trainer) and the client.
Trainer Services: The services provided by the Trainer may include dog boarding, and dog training, as agreed upon by the Trainer and the Client. Dog training may include a specified number of Training Sessions. Additionally, Dog Training may include a specified Boarding Term
Payments: The cost of the Trainer Services the Client has signed up for is $2995. The Client understands that full payment is due upon contracting the services of the Trainer. The Client understands that the Trainer will not start or continue the Trainer Services until the Trainer Services have been paid for in full. The Client understands and agrees that the Client will be responsible to the Trainer for any and all fees or charges incurred by the Trainer as a result of any returned or disputed forms of payment. In the event of non-payment or a disputed payment, the Trainer will not continue the Trainer Services until payment is made in full. The Client will also be responsible for any fees incurred by the Trainer due to any collections or legal actions required to collect an unpaid balance.
Refund Policy: No refunds. The Client is responsible for a successful outcome of a Training Program. The Client must follow the instructions given by the Trainer to achieve optimum results. Because the Trainer cannot control the Client’s participation level in the Training Program, the Trainer cannot offer refunds for results that are deemed by the Client to be sub-optimal.
Contract Period: The Contract Period of a Training Program is three months from the date of the Agreement, unless an Alternate Training Period has been agreed upon between the Client and the Trainer. Failure to complete the Training Program within three months will result in the forfeiture of any remaining Training Sessions and the forfeiture of any payments collected by the Trainer. The Client understands that it is the Client’s responsibility to schedule Training Sessions within the Contract Period, and that no modification will be made to the Agreement based on the Client’s failure to schedule the Training Sessions.
Notice of Cancellation: In the event that a Training Session needs to be cancelled by the Client, the Client must give notice to the Trainer at least twenty-four hours prior to the scheduled time of the Training Session. Failure of the Client to provide this notice will result in a $25.00 fee that must be paid prior to the commencement of the next Training Session. If a cancelled Training Session cannot be rescheduled within the Contract Period, the Training Session will be forfeit by the Client.
Disclaimer of Liability: The Client understands that any remote training collar used in the Training Program was not manufactured by the Trainer and that the Trainer disclaims all liability for injury caused by any remote training collar before, during, or after the Training Program. Furthermore, the Trainer disclaims all warranties of any remote training collars. In the event of a problem or malfunction with a remote training collar, the Client agrees to indemnify and hold harmless the Trainer and to pursue redress of damages solely against the manufacture of the remote training collar and not against the Trainer. The Client further agrees that the Trainer is not liable for any misuse or inappropriate handling of any remote training collar by the Client or others entrusted by the Client.
Client Responsibilities: The Client remains responsible for the Client’s dog(s) at all times. The Client will clean up after the Client’s dog(s) immediately. The Client’s dog(s) will be kept properly fed and groomed at all times during the Training Program. Inappropriate conduct of the Client or the Client’s dog(s) will not be tolerated by the Trainer, Training Sessions may be cancelled at the sole discretion of the Trainer. Furthermore, the Client agrees to indemnify the Trainer for any injuries or damage to third parties, property, or animals that may result from the actions of the Client’s dog(s). The Client must disclose all history of aggressive behavior by the Client’s dog(s). The Client agrees to muzzle the Client’s dog if instructed by the Trainer. The Client understands that failure to provide full disclosure of any history of aggressive behavior by the Client’s dog(s) may result in dismissal from a Training Session or cancellation of future Training Sessions at the discretion of the Trainer. The Client agrees to provide the equipment necessary for a Training Session, including, but not limited to, a leash, collar, harness, and waste clean-up bags.
Access: The Client agrees to provide the Trainer with access to the Client’s dog(s) for Training Sessions. If the Client will not be on site during a Training Session, the Client will make arrangements with the Trainer prior to the commencement of the Training Session to allow access to the Client’s dog(s). If the Trainer cannot access the Client’s dogs at the scheduled time for commencement of the Training Session, the Training Session will not be rescheduled and will be forfeit without refund. If the Trainer is provided with access to a non-public area, the Trainer does not have knowledge of others that may have access to the non-public area. Therefore, the Trainer disclaims, and the Client agrees to hold the Trainer harmless for, all liability for damage, loss, or theft of the structure or contents of the non-public area or for injury to pets within the non-public area. The Trainer disclaims all liability for injury, disappearance, or death of a pet with unsupervised access to the outdoors. Furthermore, the Trainer will not be liable for fines or penalties incurred by the Client through actions or inactions intended to provide the Trainer access to the Client’s dog(s).
Observation: Client approved observers or Client family members may observe a Training Session but must remain off the training area and not interrupt the Training Session unless specifically instructed by the Trainer. Children under thirteen must be supervised at all times by an adult not participating in the Training Session. Children under thirteen will be allowed to participate in the Training Sessions only with the child’s parental supervision and permission from the Trainer. The Trainer may ask any observer to leave the Training Session and may terminate the Training Session if the observer does not comply.
Vaccinations & Health: The Trainer requires that all of the Client’s pets be up-to-date on required vaccinations. This benefits the Client’s pets, the Client’s neighborhood, the Trainer, and any animals the Trainer brings to assist in the Training Session. If the Trainer, a member of the Trainer’s personnel, a third party, or an animal assisting the Trainer is bitten or otherwise exposed to any disease or ailment from one of the Client’s pets that was not properly vaccinated, it will be the Client’s responsibility to pay all costs and damages incurred. The Client avows that the Client’s dog is current on all required vaccinations, and that to the best of the Client’s knowledge, the Client’s dog has not been exposed to distemper, rabies, kennel cough, parvo or other contagious diseases, and is free of worms, heartworm and fleas. The Client agrees that their dog(s) are in good physical condition and do not have any medical conditions or injuries that would prevent the Client’s dog(s) from participation in Training Sessions.
Other Dogs: The Client understands that the Client’s dog(s) may be included in Training Sessions with the dog(s) of third parties unless the Client has indicated otherwise.
Transportation: The Client authorizes the Trainer to transport the Client’s dog(s) in a vehicle before, during, or after a Training Session, or Boarding Term as deemed necessary or desirable by the Trainer.
Emergency Treatment: The Client authorizes the Trainer to secure any emergency veterinary or emergency medical care that may be deemed necessary by the Trainer during time spent with the Client’s dog(s). The Client agrees to assume responsibility for, and promptly pay, any and all charges incurred by emergency veterinary or emergency medical care. The Client understands that the choice of veterinarian or hospital in an emergency situation will be at the sole discretion of the Trainer. Additionally, the Client agrees to release the Trainer from all liability arising from or related to transportation and treatment.
Photos/Video: The Client understands that photos and/or video may be taken of the client and/or their dog(s) while participating in Training Sessions. The Client hereby authorizes the Trainer to any images for educational or promotional purposes.
Assumption of Risk: The Client understands that there are inherent risks associated with the presence of dogs in training, and that attendance at Training Sessions is not without risk to the Client or the Client’s dog(s). The Client assumes full responsibility for the Client, the Client’s dog(s), any substitute handlers of the Client’s dog(s), and any observers that attend the Training Sessions at the invitation of the Client. The Client understands that the Trainer is not responsible for the actions of the Client’s dog(s) or the Client’s dog(s) handler(s) before, during, or after the Training Sessions.
Indemnification: The Client understands and accepts that the Trainer is not a substitute for veterinary, animal behavior, or legal advice and is not a veterinarian or animal behaviorist. The Client agrees to indemnify and hold harmless all parties connected with the services provided by the Trainer, from and against any blame or liability for injury, harm, loss, inconvenience, mishaps or damage suffered or sustained as a result of participation in any services or activities provided. The Client understands that the Trainer is not on site 24/7 and their dog will be kenneled when not being supervised by the Trainer. The Client also understands that there are no automatic fire sprinklers where their dog will be kenneled.
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