- Refund / Reschedule Policy. If Owner decides to cancel or reschedule the Dog Training Services, Owner is entitled to receive a refund or reschedule as follows:
- If this Agreement has been entered electronically then the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013 may apply to this contract. These Regulations give the Owner the right to cancel the contract within 14 days of the date of this Agreement and receive a full refund. If the Owner wishes to book a training course that commences in less than 14 days of the date of the Agreement, the Owner accepts that by instructing Off-Leash to book the K-9 on the course and by making full payment prior to the course commencing that the Owner is waiving the cancellation rights and if the Agreement is terminated after the course has commenced that the Owner is not entitled to a refund. Please see attached the Notice of Right to Cancel Form.
- If Owner cancels after 14 days have elapsed since entering into the agreement for Dog Training Services, Owner shall not receive any refund; however, Owner may elect to postpone or reschedule such Dog Training Services as outlined hereinbelow.
- Postponement/Rescheduling Policy. Owner must provide at least thirty (30) days’ written notice to Off-Leash prior to the start of Owner’s / K-9’s Board and Train to reschedule the training, which allows for the slot to be filled. Rescheduling could result in significant delays since bookings are typically scheduled several months in advance. Once there are fewer than thirty (30) days remaining prior to the Commencement Date of the Owner’s / K-9’s Dog Training Services, Owner shall not be permitted to reschedule the Dog Training Services.
- The “Commencement Date” for purposes of determining Owner’s eligibility for rescheduling or postponing the Dog Training Services is defined as the date upon which the K-9 is scheduled to be tendered to Trainer for the Dog Training Services or in all other instances, the date upon which the first training session is to be provided pursuant to the terms included herein.
- Veterinarian Services; Health of K-9; Right to Refuse Training Due to Health. Owner assumes responsibility for arranging any necessary veterinary care for K-9. In the unlikely, but possible, need for K-9 to be provided emergency care for the treatment of an injury, illness or condition for which there is a risk of permanent injury or death (an “Emergency”) Owner authorises Certified Trainer and Off-Leash to make initial decisions with respect to seeking emergency veterinary services until such time as Owner can assume such decision making. Upon occurrence of an Emergency, Certified Trainer or Off-Leash will contact Owner as soon as practicably possible. Owner agrees that all veterinarian and medical expenses shall be paid by Owner, including, but not limited to any expenses incurred in an Emergency made because of Certified Trainer/Off-Leash’s decision to seek care.
Owner agrees to provide Off-Leash with all heath records for K-9 requested, which records will be shared with Certified Trainer. Owner agrees to have K-9 vaccinated and treated for worm prevention as necessary. Owner shall present all proof of such vaccinations and care as Off-Leash may reasonably require prior to the Commencement Date of the Dog Training Services and during the course of Dog Training Services, if required. Off-Leash / Certified Trainer reserves the right to refuse to train K-9 in the event K-9 does not appear to be in good health, is deemed dangerous or is unable to undergo Dog Training Services for any reason as determined in Off-Leash / Trainer’s reasonable sole discretion.
- Standard of Care; Risk of Loss. Off-Leash and Certified Trainer are obligated to perform the Services under this Agreement with reasonable care and skill. Certified Trainer’s and Off-Leash’s liability with respect to the death, injury or illness of K-9 shall not exceed £500.00 per K-9.
- Assumption of Risk; Indemnification; Right to Refuse Training Due to Dangerous
K-9 Behavior. It is the Owner’s responsibility to ensure that all relevant information regarding K-9’s history in relation to adverse behaviour, any dangerous characteristics and health. As detailed in Clause 6 Off-Leash has the right to terminate the Agreement if information is disclosed that Off-Leash/Trainer considers provides a reason for the K-9 not to undergo the Dog Training Services.
Owner acknowledges there are inherent risks associated with participation in training, both with respect to K-9 and to Owner and Certified Trainer. Owner acknowledges an exhaustive list of such risks to Owner, Certified Trainer and K-9 cannot practicably be enumerated in this Agreement. Owner expressly assumes all risks associated with participating in the Dog Training Services contemplated in this Agreement as to Owner and K-9. Owner agrees to indemnify, defend and hold Certified Trainer and Off-Leash, together with each of their respective principals, agents, affiliates, partners, successors and assigns harmless from any and all claims arising from damage or injury of any nature, whether to person or property, caused by K-9.
Upon notification, which may be written or oral of termination of the Agreement, Off-Leash may return a pro-rated portion of the Fee unearned to Owner within thirty (30) days of such notice and this Agreement shall be deemed to be automatically terminated, except as it relates to this Paragraph 8, which shall survive the termination of this Agreement. Dog Training Services and any potential refund are voided if Owner did not fully disclose hazardous behaviours, including bite history, dog aggression or human aggression.
- Limited Liability Clause. Other than (i) liability for death or personal injury to any person caused by Off-Leash/Trainer’s negligence, (ii) liability for fraud or fraudulent misrepresentation made by Off-Leash/Trainer or (iii) liability for any other matter which we may not legally exclude or limit, we limit Off-Leash/Trainer’s liability to the Owner in contract, tort or otherwise arising in connection with the performance of this Agreement shall be limited to the Fee in Clause 3. Off-Leash/Trainer will not be liable to the Owner for consequential, special or indirect damages, loss of earnings or loss of profits.
- Outside Services by Certified Trainer. If Owner and Certified Trainer elect to engage in any boarding of K-9 outside of the terms of this Agreement, such as boarding, dog walking , or other dog care services of any nature, by signing this Agreement, Owner acknowledges that Certified Trainer is not performing such services as an employee of Off-Leash, but as a private matter, outside the scope of this Agreement, and Certified Trainer’s employment agreement. As such, Owner understands and agrees that Owner shall not hold Off-Leash liable in any manner for the actions and/or care that may occur during such private boarding or care services.
- Modification or Termination of Agreement. This Agreement cannot be modified or terminated by either Party unless mutually agreed to by the Parties and in writing. Trainer shall have the right to terminate this Agreement upon written notice to Owner. In the event Trainer terminates this Agreement for reasons unrelated to any breach of this Agreement by Owner, Trainer shall refund the portion of the Fee not yet earned within thirty (30) days of written notice of termination to Owner. Owner shall have the right to terminate this Agreement upon written notice to Trainer. Owner’s right to a refund of the Fee is set forth in Section 3 of this Agreement.
- Video/Photo Release. Off-Leash may use pictures and/or videos of K-9 for publicity or promotional purposes of Off-Leash without liability or obligation of any kind to Owner; however, no information/pictures can be sold or shared otherwise without additional consent. Owner grants the irrevocable right to use in perpetuity photos, videos and/or testimonials either alone or accompanied by other material, and with or without attribution, in any manner and in any media, throughout the world, for the purposed of advertising, promoting and publicizing Off-Leash and/or its products and/or Dog Training Services. The statements may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form, provided the general sense is not materially and substantially changed (together “Modifications”). Owner hereby irrevocably consents to Off-Leash, or anyone Off-Leash may designate, making such Modifications where those Modifications may otherwise infringe any moral rights Owner may have in relation to the Statements, and irrevocably waives such moral rights to that extent. Owner waives all rights to inspect and approve the finished materials or their use by Off-Leash. Owner agrees to not hold Off-Leash or anyone who receives permission from Off-Leash responsible for any liability. If the Owner provides a video testimonial Off-Leash will ask the Owner to sign a separate consent form detailing the use of the video testimonial.
- Miscellaneous. (a) This Agreement constitutes the entire agreement between the Parties and all prior and contemporaneous agreements, representations, negotiations and understandings of the Parties, oral or written, are superseded and merged into this Agreement; (b) the rights and remedies described in this Agreement are exclusive of any rights or remedies which Owner may otherwise have at law or in equity; (c) this Agreement may be executed in any number of counterparts, each of which shall be an original, but which together shall constitute one and the same instrument and the Parties intend and agree that electronic (transmitted in .pdf format) or facsimile signatures shall be good and sufficient evidence of signature on all documents and authorisations; (d) this Agreement shall be governed by, construed and interpreted in accordance with the laws of England and Wales and each party agrees that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement; (e) all recitals in this Agreement are incorporated by reference into this Agreement as if set forth fully in the Agreement; (f) all provisions in this Agreement are severable and each valid and enforceable provision shall remain in full force and effect, notwithstanding any determination that is binding upon, or enforceable against, the Parties, and that renders certain provisions of this Agreement invalid or unenforceable; (g) captions and headings are used in this Agreement for convenience only and shall not be construed to affect the meaning of this Agreement; (h) in the event either Party pursues an action related to breach of this Agreement, the prevailing party at trial shall be entitled to any costs and expenses associated with the same, including reasonable legal fees actually incurred, but if the Parties settle the matter prior to trial, the Parties shall be responsible for their own respective legal fees;
- No Guarantee regarding the level of training achieved. As detailed above the obedience training will be performed by a Certified Trainer and the Services will be performed with reasonable care and skill however (a) Off-Leash cannot guarantee the level of training that the K-9 will have achieved at the conclusion of the dog training services, as that is dependent on many factors including the K-9’s temperament, prior level of training, Owner’s disclosure of dog’s temperament prior to training and environmental circumstances; (b) Off-Leash cannot guarantee any level of success for behavioral modification; (c) the Certified Trainer will provided the Owner with guidance regarding how to reinforce the basic training it is then the Owner’s responsibility to consistently reinforce basic training and commands developed through Dog Training Services in order to maintain the goals achieved in the training program. (d) The Dog Training Services offered relate to obedience training not to rectify behavioural issues that the K-9 may be exhibiting.