TERMS AND CONDITIONS
TERMS AND CONDITIONS
Terms and Conditions for Bark Boss Academy LLC (the “provider”):
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
Our https://www.barkbossacademy.com/ website (and ALL other internal websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog) is an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our website).
Any other policies, notices, or other legal/administrative pages contained in our website are incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your use of our website and the content and materials provided in it.
Our website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions
The following describes the Copyright Notice for our website.
The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third-party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording, or other materials viewed or listened to through or from our https://www.barkbossacademy.com/ website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any rights in the data. You surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, non-transferable, revocable license to use our website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also, note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.
As a user, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state, and federal laws and regulations. No material shall be stored or transmitted that infringes or violates the rights of others, which is unlawful, obscene, profane, indecent, or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Our website prohibits conduct that might constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Any activity that restricts or inhibits any other user from using the services of our website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our website.
You agree to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as our contact form) or by e-mail to our website by all means and in any media now known or hereafter developed. You also grant our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.
Trademarks
Publications, products, content, or services referenced herein or on our website are the exclusive trademarks or service marks of our website or related parties. Other product and company names mentioned on our website may be the trademarks of their respective owners.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our website immediately upon request by our website.
2. Use of our website
Unauthorized repurposing, redistribution & content usage
The content on this website must not be utilized or obtained by any external entities for the purpose of creating, instructing, or driving artificial intelligence or other machine learning systems. No one is allowed to utilize these materials in any way which could lead to the development, training, operation, or advancement of such technology. No usage for or of Artificial Intelligence Purposes is allowed without the explicit, written consent of the website owner.
No one is allowed to use any content from the website for Artificial Intelligence Purposes without permission. Not abiding by this rule will be considered a violation of the Terms of Service. All individuals accessing the website, including those using automated systems, must abide by this rule.Any content, such as graphics, words, and photographs must be authorized prior to being used on any other website or social media platform, even if due credit is included. A formal written consent form is required for this purpose.
Not Expert Advice
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our website is not intended to be and does not constitute legal, nutritional, or medical advice. Our website, and your use of it, do not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recentness of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be and does not constitute medical or health advice. Our website, and your use of it, do not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recentness of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be and does not constitute, financial/investing advice. Our website, and your use of it, do not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recentness of the data contained in or linked to our website.
Your use of our website or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.
We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our website in a way that mines for the personal information of others, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products, or services clearly identified as being supplied by our website, our website does not operate, control, or endorse any information, products, or services on the Internet in any way. Except for information identified by our website as such, all information, products, and services offered through our website or on the Internet generally are offered by third parties that are not affiliated with our website, and we may be compensated.
Viruses, etc.
You also understand that our website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our website or the content on it. Use of our website and the content is at your own risk. Changes are periodically made to our website and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites.
Our website may contain links to third-party Websites. Our website makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent of our website and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest, or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few people have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
3. Indemnification.
You agree to indemnify, defend, and hold harmless our website, its members, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to our website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
5. Term and Termination.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses, and traffic data.
This Agreement, in whole or in part, may be terminated without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6. Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our website or in advertisements.
The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why you should seriously consider hiring licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems.
You may send us an email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
7. Clients and Dogs
“Client” is defined as anyone who willingly provides their credit card info in exchange for training services whether or not they have signed the client agreement.
Payment
In the event that the Client fails to make timely and complete payments Bark Boss Academy LLC may, at its sole discretion, terminate the Agreement and retain any fees paid up through the date of termination.
Refund Policy
Bark Boss Academy does not offer refunds for any training services, programs, or products once purchased. All sales are final.
If, under extraordinary circumstances, Bark Boss Academy elects to issue a refund, such refund will be made solely at our discretion and will be subject to a 20% processing and administrative fee, deducted from the refund amount.
In the event that any checks made out to Provider are returned for insufficient funds, Provider reserves the right to charge a $25 fee.
Unless the Services are paid in full before the first date of the start of the Services, the client agrees to make monthly payments as a recurring charge which will occur on the same day each month until paid in full. There will be a $25 late fee per month for all payments received more than 5 business days late.
If there is an unpaid balance for more than 30 days and the client does not make satisfactory payment arrangements, the account may be placed with an external collection agency. The client will be responsible for reimbursing the Provider for all costs and expenses, including reasonable collection and attorney’s fees.
In order for the Provider or their designated external collection agency to service the account, and where not prohibited by applicable law, the client agrees that the Provider and the designated external collection agency are authorized to (i) contact the client by telephone at the telephone number(s) provided, including wireless telephone numbers, which could result in charges to the client, (ii) contact the client by sending text messages (message and data rates may apply) or emails, using any email address provided, and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.
Boss Dog Academy Training
Unless due to the gross negligence or willful misconduct of the Provider, all sessions must be completed within 3 months from the date of sign up.
TERMS OF SERVICE
The terms of this Agreement only apply to the dog(s) listed in the Agreement. The Client must have legal ownership of the animals and legal rights to place the animal in the care of the Provider.
If the dog(s) are aggressive/reactive and the Provider recommends a muzzle, the Client agrees to supply and use a muzzle at all times. There is no guarantee that aggression will disappear with training, so it is the Client’s responsibility to muzzle the dog(s) to avoid potentially problematic situations at all times, not just during training sessions.
Training agreements are non-transferable.
Clients acknowledge that in order for dog training to be successful, it is imperative that the Client commit to working with the dog(s) on a daily basis as directed by the Provider. Failure to do so will significantly impact training.
The Client acknowledges that behavior issues will be addressed during training and that the Provider, under some circumstances, will take measures necessary to ensure the safety for all involved and any other who may be in the surrounding area based on the sole discretion of the Provider.
The Client agrees they are responsible to take care of the equipment provided and agree to pay for the full replacement cost of anything damaged or lost, whether due to misuse, accidental damage, or negligence. The Client understands that training equipment is not to be left on unattended or on overnight and is fully responsible for reading instructions or other materials provided by the manufacturer and/or the Provider.
The Client acknowledges that some behavior issues cannot be 100% eliminated but instead they must be controlled, modified, and/or managed long term for the training to be successful.
The Client acknowledges that obedience training/behavior modification is an activity in which damage or injury to dog(s) and/or persons may occur. The Client assumes full responsibility for the actions of their dog(s). The Client further acknowledges that the dog(s) will be exposed to a variety of environmental conditions which include, but are not limited to, vehicular travel, interaction with people and other animals, exposure to adverse weather, and exposure to areas with crowds and all types of traffic.
The Client acknowledges the inherent risks in pet care and dog training services and by receiving service from the Provider, the Client is agreeing to hold the Provider harmless for any accident, illness, disease, disappearance or injury to their pet, up to and including death. The Client, agrees that their heirs, assignees and legal representatives will not make claim against, sue, or attach to the property of the Provider, their family, acquaintances, or any other person acting on its behalf (herein referred to as “its Agents”), for injury or damage done to or by their dog(s) resulting from action or negligence, however caused, by the Provider or its Agents. The Client forever releases the Provider and/or its Agents from any and all liability and demands which the Client, and their heirs, assignees and legal representatives may have or may hereafter have for injury or damage to or by dog(s), and assume all risks thereof.
Mediation
For any issues or requests that fall outside the scope of this agreement (excluding emergencies or safety-related concerns), both the Provider and the Client agree to attempt resolution through mediation; defined as up to two (2) good-faith consultations within 14 days. If an agreement cannot be reached, either party may choose to terminate this agreement without fault. This clause does not apply to overdue payments for services already rendered.
Transportation: The Client authorizes the Provider to transport their dog(s) in vehicles in a kennel.
Media Release
The Client agrees to allow the Provider the use of pictures or videos of their dog(s) in training as well as homework videos or picture uploads to be used for future reference, on websites, and in promotional materials. If you do not wish to be recorded or photographed, please notify us in writing.
Medical
The Provider is authorized to seek any emergency veterinary assistance needed during the
performance of its duties, at the sole cost of the Client, as directed in the Veterinary Release.
The Client is responsible for any and all fees associated with a female dog’s pregnancy if they bring a dog in heat for boarding/training or if the dog goes into heat during training/boarding.
Female Dogs in Heat: For the safety, well-being, and effectiveness of our training environment, we do not accept female dogs who are in active estrus (heat) for day training. The presence of a female dog in heat can significantly disrupt the behavior and focus of other dogs, particularly intact males, thereby compromising the quality and safety of the training environment. Additionally, hormonal changes during this time may cause the female dog to experience discomfort, mood fluctuations, and reduced responsiveness to training. Clients are responsible for ensuring their dog is not in heat at the time of her scheduled session. If a dog is found to be in heat upon arrival, she will not be admitted, and the session will be rescheduled based on current availability. This does not count towards the (1) allowed rescheduled day training session.
Veterinary Release
The Client understands that efforts will be made to contact them regarding any treatments, illness, injury, or potential problems as soon as the condition is deemed not life threatening and /or contact is possible.
The Client acknowledges that diarrhea and kennel cough are common amongst dogs who stay away from home. In such an event, the Provider will closely monitor the dog, put the dog on a bland diet, and ensure sufficient fluid intake. If either continues beyond the third day (for boarding and bootcamp), the Provider will contact the Client for instruction.
The Client understands that the Provider works hard to prevent accidents and injuries, and that such problems may occur no matter how well the dog is cared for. The Client agrees to allow the Provider to use its best judgment in handling these situations and agrees that the Provider assumes no responsibility for the actions and decisions of the veterinary staff.
The Client will assume full responsibility for the payment or reimbursement of any and all veterinary services rendered, including but not limited to diagnosis, treatment, grooming, medical supplies and boarding. Such payments will be made within 7 days of the initial incident.
The Client authorizes the Provider and the Client's primary veterinarian(s) to share all of the medical records of the Client's dog(s) with veterinary clinics and with the Provider in an emergency in the interest of providing the best care for the dog(s).
The client agrees the above mentioned dog(s) are current (per Client’s veterinarian recommendations) on its rabies vaccinations, prior to the dog's arrival. The Client will also make arrangements to guarantee that each dog will remain current on its rabies vaccinations throughout each training/service visit thereafter. The client must present vaccination records to the trainer before training, bootcamp or boarding begins.
The Client agrees to notify the Provider of any signs of injury or possible illness before delivering the dog(s) into the care of the Provider. The Provider reserves the right to cancel service at any time if a dog(s) present with a potentially infectious condition.
This agreement is valid from the date of this Agreement and grants permission for future veterinary care without the need for additional authorization each time the Provider provides care for one or more of the Client's dogs. The Client understands that this agreement applies to the dog(s) placed in the care of the Provider. In signing this agreement the Client agrees that they have authority to make health, medical and financial decisions regarding the animals that will be placed in the care of the Provider and that the dog(s) are in good health and able to participate in selected training program(s).
Client agrees to discuss any concerns with The Provider within 24 hours of the dog(s) return or the end of the service period otherwise the Client acknowledges everything was satisfactory.
Injury to the Provider/s, Other Persons and Other Animals
The Client will be responsible for all medical expenses and damages resulting from an injury to the provider, other persons, property, or other animals by the Client’s dog(s). Client agrees to defend, indemnify, hold harmless, and defend the Provider and the property/business owner where any training shall be conducted harmless from and against any loss, damage, liability, suit, claim, cost or expense, specifically including, without limitation, any injury to person, or to property sustained as a direct result of the Client’s dog(s).
When the Client's dog(s) are dropped off with any beforehand agreed upon safety precautions, the Provider is responsible to maintain these safety precautions while the dog(s) are in their care. The removal or disregard for the beforehand agreed upon safety precautions will result in the Provider assuming responsibility for all medical expenses and damages resulting from an injury to the provider, other persons, property, or other animals by the Client's dog(s).
Future Services
Client authorizes this electronically signed agreement to be a valid approval to permit the Provider to accept all future text message, or email reservations for services. The Provider reserves the right to terminate this agreement at any time due to non-payment or if it is determined, at the sole discretion of the Provider, that the Client’s dog(s) poses a danger to the health and safety of itself, other pets, or other people. If such concerns arise, and if the Client or their authorized agent does not collect the dog(s) within 12 hours after being successfully notified, the Client authorizes the pet to be placed in a kennel (or previously arranged location) with all charges (including but not limited to transportation, kenneling, tranquilizing, treating, and liability) to be the responsibility of the Client.
Limits of Liability
Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided hereunder are not to exceed the Total Cost of Services provided by Provider.
Cancellation, Rescheduling and No-Shows
All sessions set at the time of Onboarding will be the set sessions for the remainder of the program. The Provider understands that unexpected situations may arise, making it necessary for the Client to reschedule their sessions. To ensure a smooth process for everyone involved as well as respecting the time of all client’s, the Client agrees to the following rescheduling policy:
Notification Requirement: The Client must notify the Provider at least 24 hours in advance if they are unable to attend a scheduled session. This allows the time slot to be offered to another client.
Rescheduling Process: If a Client misses a session with prior notice, the Provider will do their best to accommodate the missed session by scheduling it at their next available session.
Availability: The timing of the rescheduled session will depend on availability; the Client agrees to be flexible in choosing a new session time.
Limitations: The Client is allowed to reschedule a maximum of (1) session during their training program to ensure fair access to sessions for all clients.
No-Show Policy: In the event that the Client misses a session without prior notice or rescheduling, the session will be forfeited, and a make-up session will not be offered. Arriving more than 30 minutes late is considered a no-show and will not be allowed to be made up.
Late Policy: If the Client is consistently late, the Provider reserves the right to either cancel or shorten the session at the Provider’s discretion. In such cases, the Client is still responsible for their full payment plan.
Results
All dogs have different temperaments, and their owners vary in ability and willingness to follow the training program; therefore, results will vary. At the conclusion of the training, the Provider will have the Client demonstrate the training skills learned by the dog. The skills include obedience to certain verbal commands and response to proper use of equipment. If the Client follows the training instructions provided (uploads weekly homework, follows trainers instructions for integrating the training at home, does the repetitions the trainer recommends, and communicates issues that arise with appropriate time to address), and at the conclusion of the training program the dog fails to perform the skills required, at the Provider’s discretion, the Provider will continue to work with the Client and their dog(s) at no additional cost. Additional work may, but is in no way guaranteed to, include extra sessions, group sessions, or phone/email/video conference support.
If any facts about the dog(s) are withheld or not disclosed honestly during the evaluation and/or phone call to the best of the Client’s knowledge, and issues arise during training, the Provider reserves the right to terminate this agreement at the Client’s expense. The Provider reserves the right to refuse or terminate service at any time.
General Provisions
Governing Law
The laws of Utah, USA govern all matters arising out of or relating to this Agreement, including torts.
Severability
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
This Agreement for training services supersedes all other agreements (written or oral) previously made between Client and Provider.
Electronic Signature Acknowledgement and Consent
1. Intent to Sign: This Agreement is signed electronically and the electronic signatures (whether
digital or encrypted) are the legal equivalent of the manual/handwritten signature. Signing
electronically consents the legal binding by this Agreement's terms and conditions.
2. Electronic Delivery: Notices, disclosures, agreements, or other communications are provided
electronically and satisfy any legal requirement that such communications be in writing.
3. Electronic Storage: Electronic copies of the completed agreement are valid and will not contest the validity of the electronic copies, absent proof of altered data or tampering.
8. Miscellaneous.
Governing Law
This Agreement shall be treated as though executed, set in force, and performed in the State of Utah. Accordingly, it shall be governed and construed in accordance with the laws of Utah in terms of those applicable to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Salt Lake County, Utah. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. contra preferentum) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated and carried out, to protect you and our website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our contact information.
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