This Dog Training Service Agreement (“Agreement”) is made between Beyond the Tail Dog Training (“Trainer”) and the “Client” and their “Dogs” (collectively “Parties”) for private and group training services.
A. Client Obligations and Representations
• Ownership – The Client owns the Dog and has complete authority to enter into this Agreement.
• Accurate Information Provided – All Registration Forms are incorporated by reference into this Agreement, and the information in these forms is complete, accurate information regarding any bite history and similar incidents or dangerous tendencies of the Dog. The Client will update all information on the Dog and the forms and inform the Trainer immediately if the Client becomes aware of any new information or inaccuracy.
• Dog Health – The Dog is current on all immunizations and vaccinations (or positive titers), including rabies and distemper. The Client warrants that the Dog is physically fit, in good health, and free of fleas, parasites, and any diseases communicable to humans and other animals.
• Payment – The Client agrees to pay the Trainer’s fees, which are non-refundable and disclosed on the Trainer’s website at www.beyondthetaildogtraining.com, at or before the time of training (i.e., the first class for group classes and the first session for private training. Any cancellation or reschedule made less than 48 hours before our class time will be considered a no-show and will result in your forfeiting the class fee.
• Risk – The Client recognizes that training the Dog presents risks and hazards to themselves, their family, and their guests who may attend class. The Client understands and agrees that the Client, the Client’s household, and all individuals handling or coming into contact with the Dog must follow the Trainer’s instructions and work with the Dog as recommended. The Client will adhere to the Trainer’s instructions, review all materials provided by the Trainer, and abide by all of the Trainer’s written and oral instructions. The Client agrees to remain with and directly supervise children attending training with the Dog. The Client acknowledges that any failure to comply with the Trainer’s instructions may increase the risk of injury or damage to or by the Dog and other persons, animals, or property.
• Photo and Video – The Client consents to the Trainer taking photographs and video recordings of the Client and the Dog (“Media”) during training sessions. The Client understands that the Media may contain the Client’s and the Dog’s image and likeness. The Client agrees that all Media will be the sole property of the Trainer. The Client grants to the Trainer and the Trainer’s members, managers, employees, owners, officers, assigns, licensees, and successors (collectively “Trainer Parties”) the irrevocable and unlimited right and permission to crop, modify, use, publish, and disseminate the Media for educational, marketing, and publication purposes. Client understands that by signing this Agreement, Client is waiving any claim for invasion of privacy or infringement of rights.
• Equipment – The Client agrees to use equipment (e.g., body harness and leash, harness and collar double leash combination, or leash and basket muzzle) recommended by the Trainer during training sessions and when taking the Dog in public. The Client understands that the recommendation of any product or service does not guarantee satisfaction with that product or service.
B. Trainer Obligations
• Training Agreement – The Trainer agrees to provide private and group classes for the Client and the Dog to teach the Client how to train and work with the Dog. The Trainer will make every reasonable effort to help the Client achieve training and behavior modification goals but makes no guarantee of the Dog’s performance or behavior as a result of providing professional animal behavior consultation. The Client acknowledges that the Trainer has not represented, promised, guaranteed, or warranted that the Dog would never bite, that the Dog will not be dangerous or vicious in the future, that the Dog will not exhibit other behavioral problems, or that the results of the training will last for any particular amount of time.
• Environment – The Trainer will endeavor to create as safe an environment as possible for the Client and Dog and offer only sound, safe, and responsible training instructions. However, to the extent that the Trainer is insured for any unintentional or negligent errors, omissions, or incorrect assertions, the Trainer will be responsible for any such acts or omissions, but only to the extent of such insurance.
C. Waiver, Disclaimer, Indemnification, and Limits of Liability
• Training Environment – The Client expressly acknowledges and understands that Trainer’s services will be provided in an environment where hazards may exist, including, but not limited to, debris in the training area, other animals and their owners, training equipment, water, and other natural hazards. Client expressly agrees to indemnify and hold harmless Trainer and Trainer’s agents and to pay all losses and damages suffered or incurred and to defend and indemnify Trainer and Trainer’s agents from any claims, demands, lawsuits, losses, costs, or expenses, including attorney fees, arising out of or in connection with the provision of Trainer’s services to the Client and the Dog.
• Damage or Injury – If the 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, then Client agrees to pay all resulting losses and damages suffered or incurred, and to defend and indemnify Trainer and Trainer’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees. If the Dog is injured in a fight or any other manner during or after the term of the Agreement, the Client assumes the risk and agrees that the Trainer should not be held responsible for any resulting injuries, losses, damages, costs, or expenses.
• Cancellations / Refunds – The Trainer reserves the right to offer a refund provided that private and group classes are canceled at least 48 hours in advance, there is a medical necessity, or the Dog is in season. These policies are kept up to date on the Trainer’s website and are subject to modification without notice. In the unfortunate circumstance that the Dog passes away, previously unused paid training sessions will be refunded.
• Termination – At Trainer’s sole election, Trainer’s duties hereunder shall terminate if (a) in Trainer’s sole judgment, the 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, the Trainer’s duties shall terminate, but all other provisions of this Agreement shall continue in full force and effect. The Client may terminate this Agreement with a written notice via email to the Trainer, and the Trainer must confirm with a written notice via email for the notice to be accepted.
• Waiver and Liabilities- The Client understands and agrees that the Client is 100% responsible and liable – legally and financially – for the Dog and the Dog’s actions at all times. The Client assumes all risks and liability related to the Dog and this Agreement. To the fullest extent allowed by law, the Client assumes all liability and legal and financial responsibility for the Dog and releases Trainer and all Trainer Parties from all liability, damage, injury, loss, or claim related to the Dog and this Agreement (“Covered Claims”). To the fullest extent allowed by law, the Client agrees to hold Trainer and all Trainer Parties and Locations harmless for any Covered Claim, including Covered Claims asserted by any third parties, and to indemnify Trainer and all Trainer Parties for any Covered Claims by any third parties, including but not limited to Trainer’s and the Trainer Parties’ attorney’s fees and costs.
• Release: The Client agrees to indemnify, release, and hold harmless the Trainer, its officers, directors, instructors, agents, employees, and representatives of all claims made by The Client or any member of The Client’s family or accompanying guests or any other third party, of injury, expense, costs or damages to The Client, The Dog or any handler sponsored by The Client both in class and out of class. In addition, The Client agrees that they will defend and indemnify The Trainer for any injury, expense, costs, or damages to any dog handlers or dogs, whether sponsored by The Client or not or to third parties arising out of The Client’s actions or the actions of The Dog. and all claims, whether made by the Client, or any third party, of injury, expense, costs, or damages caused by the Dog.
D. Miscellaneous Provisions
• Enforceability and Modification – This Agreement contains the Agreement between the Parties. The Agreement may be executed in counterparts, and faxed, scanned, or electronic copies shall be deemed original. To the extent any provision in this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect. This Agreement is binding upon the Client, the Client’s spouse/partner, the Client’s children, and the Client’s guests. 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 written explicitly in this Agreement, no promises, representations, or oral understandings have been made concerning the Dog. This Agreement may be amended only by a written instrument signed by both Client and Trainer.
• Applicable Law, Jurisdiction, and Remedies – This Agreement shall be governed by the laws of Washington State, without regard to where the Parties sign the Agreement. In the event of a dispute, the Trainer and the Client agree to submit to the jurisdiction of the courts of Washington State and to litigate in a court of competent jurisdiction in or for Snohomish County, Washington. In the event of litigation, the substantially prevailing party shall be entitled to reasonable attorney’s fees, expert witness fees, and costs from the other party.
By checking the box that you have read and agree to the Terms and Conditions of this Agreement, the Parties indicate that they have reviewed this Agreement and agree to be bound by its terms.
Beyond the Tail Dog Training LLC
By Julis Hayes, Member
16619 Larch Way Apt F202
Lynnwood WA 98037