This Agreement is between the “Client” named below and Unleashed Abilities (hereinafter known as “Trainer”), effective as of the date submitted below.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Trainer and Client agree as follows.
Trainer agrees to provide the services indicated below for Client and Client’s dog(s) (“Dog”). Client represents that he/she/they is the legal owner of the dog(s) described below, and Client makes the following representations about their Dog:
Dog Health and Vaccinations: Client affirms that Dog is currently up to date on all required and commonly recommended shots, including rabies, distemper, bordetella, and parvovirus, and is free of fleas, parasites, or infectious diseases. Client must provide proof of vaccines prior to participating in training classes.
Services: Trainer agrees to provide private lessons, classes, or day school services for Client and Dog on an as-needed basis and based on schedule availability, the goal being to teach Client how to train and work with Dog. Services will take place at the Unleashed Abilities training location, the client home, or other location based on the clients’ needs or trainers’ recommendations. Trainer will make reasonable efforts to help Client achieve training and behavior modification goals but makes no guarantee of Dog’s performance or behavior as a result of providing professional animal behavior consultation. Client understands that they and members of the household must follow Trainer’s instructions without modification, work with Dog daily as recommended, and constantly reinforce training being given to Dog. Client agrees to maintain Dog’s training after the training program is complete and understands that because the training of Dog is a fluid process, not fully in the control of any party, there are no guarantees of any specific result, and there will be no refunds for this training.
Cancellation and Payment Policy: If Client fails to give at least 48 hours cancellation notice, or is not present at time of scheduled appointment, an additional fee of 50% of the standard lesson price will be charged as a cancellation fee for the missed appointment. Client will retain the session as part of their package and may reschedule the service. If client fails to pay an amount when due, the trainer shall be entitled to suspend or cancel client’s program and to require immediate payment of all unpaid balances.
No refunds are offered on training packages, and all classes must be completed within six months of the date of the first session.
Assumption of Risk and Liability Release: Client expressly acknowledges and understands that Trainer’s services will be provided in an environment where certain hazards exist, including, but not limited to, debris in the training area, other animals and their owners, training equipment, water, and other hazards. With full knowledge and understanding of these risks, Client agrees to assume full responsibility for any injuries or losses that might occur. Client agrees to hold harmless Trainer, its owners, employees, and agents from any and all claims, liability, damage, loss, or expenses arising out of any injury to Client or Client’s Dog, or any other person under Client’s care, custody or control. Client further agrees and covenants for themselves, their heirs, executors, administrators and anyone else who may claim on Client’s behalf to waive, release and discharge Trainer, its owners, employees, and agents from any and all claims arising out of or in connection with these training sessions. In the event of injury to Dog or Trainer’s reasonable belief that medical intervention is necessary, Client hereby gives Trainer permission to seek emergency veterinary care, at the expense of the Client.
Indemnification: Client expressly agrees to indemnify and hold harmless Trainer, its owners, employees, and agents, and to pay all losses and damages suffered or incurred, and to defend and indemnify Trainer, its owners, employees, and agents from any claims, demands, lawsuits, losses, costs or expenses, including attorney fees, brought by any third parties arising out of or in connection with Client and Client’ Dog and the provision of Trainer’s services to same.
Client Liability: If Dog causes property damage, or bites or injures any dog, animal or person (including but not limited to Trainer and Trainer’s agents), during or after the term of this Agreement, Client agrees to pay all resulting losses and damages suffered or incurred. At Trainer's sole election, Trainer's duties hereunder shall terminate if (a) in Trainer's sole judgment Dog is dangerous or vicious to Trainer or any other person or animal, or interferes with the training of other dogs, or (b) Client breaches any term or condition of this Agreement. Upon termination in accordance with the foregoing, Trainer's duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.
Media Release: Client grants to Trainer the right to take photographs, audio recordings, and videos of Dog for any or all of the following purposes: 1. Release to media including newspapers and television, 2. Educational or instructional purposes, 3. Publicity, and 4. Trainer publications, presentations, and related uses such as web content, social media and emails.
This Agreement is binding upon Client, spouse of Client, and children of Client and anyone operating under Client’s control. This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between Client and Trainer regarding the matters described above. The parties confirm that, except for that which is specifically written in this Agreement, no promises, representations or oral understandings have been made with regard to Dog or anything else.
Without limiting the generality of the foregoing, Client acknowledges that Trainer has not represented, promised, guaranteed or warranted that Dog will never bite, that Dog will not be dangerous or vicious in the future, that Dog will not exhibit other behavioral problems, or that the results of the training will last for any particular amount of time. This Agreement may be amended only by a written instrument signed by both Client and Trainer.
This written Contract constitutes the entire agreement between The Trainer and The Client and may not be changed except by a written agreement signed by all parties.