One Week Board and Train
TRAINING SERVICES AGREEMENT
NOW, THEREFORE, in consideration of Owner’s hiring and payment to Central Coast Dog Trainers LLC (d/b/a/ Central Coast: Off-Leash K9 Training) to perform Dog Training Services, the covenants and agreement contained in the Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the part, the parties agree as follows.
This TRAINING SERVICES AGREEMENT (this “Agreement”) is made by and between Central Coast Dog Trainers LLC, d/b/a Central Coast: Off-Leash K9 Training (“Off-Leash”) and _____________________ (“Owner”). Owner and Off-Leash are sometimes referred to in this Agreement individually as a “Party” or collectively as the “Parties”, as the context may require.
RECITALS
- Owner desires to hire Off-Leash for purposes of training _________________ [insert name of dog] (“K-9”) to perform certain obedience behaviors described in further detail below (“Dog Training Services”) utilizing Off-Leash training techniques.
- Off-Leash desires to provide Dog Training Services to the Owner of K-9.
- Owner and Off-Leash desire that K-9 be trained on mutually agreeable terms and in an agreed upon manner.
AGREEMENT
NOW, THEREFORE, in consideration of Owner’s hiring and payment of Trainer (as identified below) to perform Dog Training Services, the covenants and agreements contained in this Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties agree as follows:
- Off-Leash Certified Trainer. The Parties mutually agree that Off-Leash shall assign an Off-Leash Certified Trainer (“Certified Trainer”) as the primary trainer for K-9. Each Certified Trainer is an employee of Off-Leash, and has successfully completed the Licensed Off-Leash Training program prior to training any dogs for Off-Leash. Off-Leash reserves the right to substitute a different Certified Trainer, should that become necessary for any reason, who shall also be an Off-Leash Certified Trainer.
- Training Services. K-9 will be trained utilizing the following Dog Training Services:
- 1-Week Board and Train Program, as described below.
The 1-Week Board and Train Program curriculum will provide training in the following common situations and commands: “Come”, “Sit”, and “Loose Leash Walking”. By signing this Agreement, Owner acknowledges his or her receipt of such curriculum.
- Fees. Owner shall pay Off-Leash for the Dog Training Services described above in Section 2 of this Agreement a total of $________________( the “Fee”) for a 1-Week Board and Train Program (“Board and Train”).
- Payment Terms. All fees for Dog Training Services shall be due and payable prior to the Dog Training Services commencing, unless Owner and Off-Leash enroll in a payment plan agreement. Full cash or ACH payments made prior to Dog Training Services commencing shall receive a 4% discount of the total fee to be paid noted in Paragraph 3. Payments made via credit card shall pay the full fee noted in Paragraph 3. Any changes in Dog Training Services made at the request of Owner may result in a change in the rates or charges set forth in this Agreement. Any such change will be acknowledged in writing signed by both Parties. Should Owner enter into a payment plan with Off-Leash, note that Off-Leash reserves the right to charge/collect any remaining balance seven (7) days prior to the start of the scheduled Dog Training Services. Owner consents to Off-Leash charging Owner’s credit card on file for the applicable Dog Training Services, if payment is made in that manner.
- 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 Owner cancels within twenty-four (24) hours of entering into the agreement for Dog Training Services, Owner shall receive a refund of the amount paid, minus a One Hundred Dollar ($100.00) processing fee. If Owner cancels after twenty-four (24) hours 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 authorizes 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 meet the standard of care of a reasonably prudent dog owner. In no event shall Off-Leash / Certified Trainer be held to any higher standard of care. 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. 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.
Owner covenants and agrees that any and all hazardous behaviors or dangerous propensities of K-9 have been fully disclosed to Off-Leash. Off-Leash does not warranty or guarantee any behavioral training as the focus is on the commands outlined above. Off-Leash reserves the right in its absolute and sole discretion to refuse to train or halt training of K-9, if Certified Trainer / Off-Leash determines that K-9 is dangerous, untrainable, unhealthy, handicapped or otherwise unfit for training. Upon notification, which may be written or oral, 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 behaviors, including bite history, dog aggression or human aggression.
- Liquidated Damages. Owner and Off-Leash acknowledge that the actual damages likely to result from breach of this Agreement are difficult to estimate and would be difficult for either Party to prove. In the event Owner sues Off-Leash for breach of this Agreement and Owner is the prevailing party in such litigation, Owner shall be entitled to damages in an amount equal to the Fee stated in Section 2 (the “Liquidated Damages Amount”) together with the $500 per K-9 amount if Section 7 of this Agreement applies, as liquidated damages and not as penalty. The Parties intend that Off-Leash’s payment of the Liquidated Damages Amount will compensate Owner for any breach by Off-Leash of its obligations under this Agreement. The remedy set forth in this Section 9 and as otherwise set forth in this Agreement, are the sole and exclusive remedies available to Owner in the event of any breach of this Agreement. By executing this Agreement, Owner waives his or her right to challenge this Liquidated Damages provision and acknowledges the exclusive nature of the remedies available to Owner.
- 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 Owner or 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.
- 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 authorizations; (d) this Agreement shall be governed by and construed and interpreted in accordance with the laws of the state of California without regard to conflicts of laws principles; (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 attorney’s fees; (i) 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; (j) Off-Leash cannot guarantee any level of success for behavioral modification; (k) it is 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.
2 Week Board and Train
TRAINING SERVICES AGREEMENT
NOW, THEREFORE, in consideration of Owner’s hiring and payment to Central Coast Dog Trainers LLC (d/b/a/ Central Coast: Off-Leash K9 Training) to perform Dog Training Services, the covenants and agreement contained in the Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the part, the parties agree as follows.
This TRAINING SERVICES AGREEMENT (this “Agreement”) is made by and between Central Coast Dog Trainers LLC, d/b/a Central Coast: Off-Leash K9 Training (“Off-Leash”) and _____________________ (“Owner”). Owner and Off-Leash are sometimes referred to in this Agreement individually as a “Party” or collectively as the “Parties”, as the context may require.
RECITALS
- Owner desires to hire Off-Leash for purposes of training _________________(“K-9”) to perform certain obedience behaviors described in further detail below (“Dog Training Services”) utilizing Off-Leash training techniques.
- Off-Leash desires to provide Dog Training Services to the Owner of K-9.
- Owner and Off-Leash desire that K-9 be trained on mutually agreeable terms and in an agreed upon manner.
AGREEMENT
NOW, THEREFORE, in consideration of Owner’s hiring and payment of Trainer (as identified below) to perform Dog Training Services, the covenants and agreements contained in this Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties agree as follows:
- Off-Leash Certified Trainer. The Parties mutually agree that Off-Leash shall assign an Off-Leash Certified Trainer (“Certified Trainer”) as the primary trainer for K-9. Each Certified Trainer is an employee of Off-Leash, and has successfully completed the Licensed Off-Leash Training program prior to training any dogs for Off-Leash. Off-Leash reserves the right to substitute a different Certified Trainer, should that become necessary for any reason, who shall also be an Off-Leash Certified Trainer.
- Training Services. K-9 will be trained utilizing the following Dog Training Services:
- 2-Week Board and Train Program, as described below.
The 2-Week Board and Train Program curriculum will provide training in the following common situations and commands: “Come”, “Sit” and “Extended Sit”; “Down” and “Extended “Down”; “Place” and “Extended Place”; “Loose Leash Walking”; “Off” and “Extended Distance Obedience.” By signing this Agreement, Owner acknowledges his or her receipt of the same.
- Fees. Owner shall pay Off-Leash for the Dog Training Services described above in Section 2 of this Agreement a total of $________________( the “Fee”) for a 2-Week Board and Train Program (“Board and Train”).
- Payment Terms. All fees for Dog Training Services shall be due and payable prior to the Dog Training Services commencing, unless Owner and Off-Leash enroll in a payment plan agreement. Full cash or ACH payments made prior to Dog Training Services commencing shall receive a 4% discount of the total fee to be paid noted in Paragraph 3. Payments made via credit card shall pay the full fee noted in Paragraph 3. Any changes in Dog Training Services made at the request of Owner may result in a change in the rates or charges set forth in this Agreement. Any such change will be acknowledged in writing signed by both Parties. Should Owner enter into a payment plan with Off-Leash, note that Off-Leash reserves the right to charge/collect any remaining balance seven (7) days prior to the start of the scheduled Dog Training Services. Owner consents to Off-Leash charging Owner’s credit card on file for the applicable Dog Training Services, if payment is made in that manner.
- 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 Owner cancels within twenty-four (24) hours of entering into the agreement for Dog Training Services, Owner shall receive a refund of the amount paid, minus a One Hundred Dollar ($100.00) processing fee. If Owner cancels after twenty-four (24) hours 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 authorizes 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 meet the standard of care of a reasonably prudent dog owner. In no event shall Off-Leash / Certified Trainer be held to any higher standard of care. 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. 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.
Owner covenants and agrees that any and all hazardous behaviors or dangerous propensities of K-9 have been fully disclosed to Off-Leash. Off-Leash does not warranty or guarantee any behavioral training as the focus is on the commands outlined above. Off-Leash reserves the right in its absolute and sole discretion to refuse to train or halt training of K-9, if Certified Trainer / Off-Leash determines that K-9 is dangerous, untrainable, unhealthy, handicapped or otherwise unfit for training. Upon notification, which may be written or oral, 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 behaviors, including bite history, dog aggression or human aggression.
- Liquidated Damages. Owner and Off-Leash acknowledge that the actual damages likely to result from breach of this Agreement are difficult to estimate and would be difficult for either Party to prove. In the event Owner sues Off-Leash for breach of this Agreement and Owner is the prevailing party in such litigation, Owner shall be entitled to damages in an amount equal to the Fee stated in Section 2 (the “Liquidated Damages Amount”) together with the $500 per K-9 amount if Section 7 of this Agreement applies, as liquidated damages and not as penalty. The Parties intend that Off-Leash’s payment of the Liquidated Damages Amount will compensate Owner for any breach by Off-Leash of its obligations under this Agreement. The remedy set forth in this Section 9 and as otherwise set forth in this Agreement, are the sole and exclusive remedies available to Owner in the event of any breach of this Agreement. By executing this Agreement, Owner waives his or her right to challenge this Liquidated Damages provision and acknowledges the exclusive nature of the remedies available to Owner.
- 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 Owner or 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.
- 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 authorizations; (d) this Agreement shall be governed by and construed and interpreted in accordance with the laws of the state of California without regard to conflicts of laws principles; (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 attorney’s fees; (i) 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; (j) Off-Leash cannot guarantee any level of success for behavioral modification; (k) it is 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.
Lessons
NOW, THEREFORE, in consideration of Owner’s hiring and payment to Central Coast Dog Trainers LLC (d/b/a/ Central Coast: Off-Leash K9 Training) to perform Dog Training Services, the covenants and agreement contained in the Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the part, the parties agree as follows.
This TRAINING SERVICES AGREEMENT (this “Agreement”) is made by and between Central Coast Dog Trainers LLC, d/b/a Central Coast: Off-Leash K9 Training (“Off-Leash”) and _____________________ (“Owner”). Owner and Off-Leash are sometimes referred to in this Agreement individually as a “Party” or collectively as the “Parties”, as the context may require.
RECITALS
- Owner desires to hire Off-Leash for purposes of training _________________ [insert name of dog] (“K-9”) to perform certain obedience behaviors described in further detail below (“Dog Training Services”) utilizing Off-Leash training techniques.
- Off-Leash desires to provide Dog Training Services to the Owner of K-9.
- Owner and Off-Leash desire that K-9 be trained on mutually agreeable terms and in an agreed upon manner.
AGREEMENT
NOW, THEREFORE, in consideration of Owner’s hiring and payment of Trainer (as identified below) to perform Dog Training Services, the covenants and agreements contained in this Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties agree as follows:
- Off-Leash Certified Trainer. The Parties mutually agree that Off-Leash shall assign an Off-Leash Certified Trainer (“Certified Trainer”) as the primary trainer for K-9. Each Certified Trainer is an employee of Off-Leash, and has successfully completed the Licensed Off-Leash Training program prior to training any dogs for Off-Leash. Off-Leash reserves the right to substitute a different Certified Trainer, should that become necessary for any reason, who shall also be an Off-Leash Certified Trainer.
- Training Services. K-9 will be trained utilizing the following Dog Training Services (“Dog Training Services”):
- Lessons, as described below.
The Basic Obedience Package curriculum will provide training in the following common situations and commands: “Come”, “Sit” and “Break”: “Down”; “Place”, “Loose Leash Walking”; and “Off.” Advanced commands and dog aggression package both teach the Basic Obedience commands above and additionally offer four focused lessons for the specified package. By signing this Agreement, Owner acknowledges his or her receipt of the same.
- Fees. Owner shall pay Off-Leash for the Dog Training Services described above in Section 2 of this Agreement a total of $________________( the “Fee”) for lessons.
- Payment Terms. All fees for Dog Training Services shall be due and payable prior to the Dog Training Services commencing, unless Owner and Off-Leash enroll in a payment plan agreement. Full cash or ACH payments made prior to Dog Training Services commencing shall receive a 4% discount of the total fee to be paid noted in Paragraph 3. Payments made via credit card shall pay the full fee noted in Paragraph 3. Any changes in Dog Training Services made at the request of Owner may result in a change in the rates or charges set forth in this Agreement. Any such change will be acknowledged in writing signed by both Parties. Should Owner enter into a payment plan with Off-Leash, note that Off-Leash reserves the right to charge/collect any remaining balance seven (7) days prior to the start of the scheduled Dog Training Services. Owner consents to Off-Leash charging Owner’s credit card on file for the applicable Dog Training Services, if payment is made in that manner.
- 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:
- Owner may receive a refund, minus $50 processing fee, up to the start of your first lesson should you choose to cancel & if you provide 24 hours written notice before the start of the first scheduled lesson. If Owner does not want to continue after the first completed lesson, Owner will be charged the price of the Basic Obedience Starter Package and refunded any remaining balance for the applicable lesson package. No refunds are offered after the completion of the second lesson for any package
- Postponement/Rescheduling Policy. If you choose to postpone your lessons, your remaining lessons will be good for a six (6) month period commencing from the time we receive written notification, provided 24 hours notice is provided. After the six (6) month grace period, if the lessons remain unused, Owner forfeits the remaining lessons. Should Owner cancel a scheduled lesson less than 24 hours prior to the scheduled start time, Off Leash can charge Owner for the lesson cancellation (ie loss of the lesson).
- 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 authorizes 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 meet the standard of care of a reasonably prudent dog owner. In no event shall Off-Leash / Certified Trainer be held to any higher standard of care. 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. 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.
Owner covenants and agrees that any and all hazardous behaviors or dangerous propensities of K-9 have been fully disclosed to Off-Leash. Off-Leash does not warranty or guarantee any behavioral training as the focus is on the commands outlined above. Off-Leash reserves the right in its absolute and sole discretion to refuse to train or halt training of K-9, if Certified Trainer / Off-Leash determines that K-9 is dangerous, untrainable, unhealthy, handicapped or otherwise unfit for training. Upon notification, which may be written or oral, 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 behaviors, including bite history, dog aggression or human aggression.
- Liquidated Damages. Owner and Off-Leash acknowledge that the actual damages likely to result from breach of this Agreement are difficult to estimate and would be difficult for either Party to prove. In the event Owner sues Off-Leash for breach of this Agreement and Owner is the prevailing party in such litigation, Owner shall be entitled to damages in an amount equal to the Fee stated in Section 2 (the “Liquidated Damages Amount”) together with the $500 per K-9 amount if Section 7 of this Agreement applies, as liquidated damages and not as penalty. The Parties intend that Off-Leash’s payment of the Liquidated Damages Amount will compensate Owner for any breach by Off-Leash of its obligations under this Agreement. The remedy set forth in this Section 9 and as otherwise set forth in this Agreement, are the sole and exclusive remedies available to Owner in the event of any breach of this Agreement. By executing this Agreement, Owner waives his or her right to challenge this Liquidated Damages provision and acknowledges the exclusive nature of the remedies available to Owner.
- 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 Owner or 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.
- 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 authorizations; (d) this Agreement shall be governed by and construed and interpreted in accordance with the laws of the state of California without regard to conflicts of laws principles; (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 attorney’s fees; (i) 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; (j) Off-Leash cannot guarantee any level of success for behavioral modification; (k) it is 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.