DOG TRAINING SERVICES AGREEMENT

 Between: Jane Koopman carrying on business as In Partnership Dog Training, (“we” or “us”)

And:__________________________ (“the Client” or “you”)

In consideration of the mutual covenants and agreements set out in this agreement, In Partnership Dog Training and the Client agree as follows:

1.    Intake Form and Continuing Disclosure. You must complete and deliver to us through our website or directly the In Partnership Dog Training Intake Form (the “Intake Form”) before any services will be provided to you by us. You represent and warrant to us that the information provided by you in the Intake Form is true and accurate. You will promptly disclose to us any changes to the information in the Intake Form and will provide any other information necessary for us to provide the services under this Agreement. In particular, you will

a.    inform us of any bite history, medical history or allergies your dog(s) has/have in addition to all known behavioral issues or fears; 

b.    inform us if your dog is not spayed or neutered; and

c.     provide written proof that your dog(s) in classes are vaccinated against distemper and parvovirus.

 Any references in this Agreement to “your dog” or “the dog” refer to the dog or dogs identified in the Intake Form provided by you and accepted by us. 

2.    Services. You engage us to provide, and we agree to provide, subject to the terms and conditions of this Agreement, for you and the dog(s) specified in the Intake Form, the services mutually agreed to as specified  by you by booking on our website and confirmed by us to you by email or otherwise in writing. This Agreement applies to services we agree to provide to you at the time at the time this Agreement is signed  by you and to services we agree in the future to provide to you. 

3.    Fees and Payment. You agree to pay to us the fees for the services as specified on our website when the classes or appointments are booked and confirmed by us, subject to the terms of this Agreement. 
Fees must be paid at the time of booking of the relevant service. Fees are non-refundable. All fees must be paid in Canadian dollars or United States dollars unless otherwise agreed and paid by credit card, e-transfer or PayPal.

4.    Cancellation Policy. For private training sessions, the following apply with respect to cancellations or training sessions missed by you:

a.    Sessions cancelled by you more than 48 hours before the appointment may be rescheduled by mutual agreement once and thereafter if cancelled by you again will be forfeited without refund of fees. 

b.    Sessions cancelled by you less than 48 hours before any appointment will be forfeited without refund of fees. Individual make up sessions may be purchased.

c.     Cancellations for emergencies will be handled on a case-by-case basis, in our discretion.

d.    Sessions expire one year from the date of purchase, and all sessions must be used within this period. If you and/or your dog do not attend a training session within one year of the booking of that session, the session will be forfeited without refund of fees.

e.    We will have no obligation to provide services with respect to any training session that is forfeited.

With respect to group classes:

f.      Dogs with a bite history are not eligible for group classes.

g.    If deemed necessary for the safety and productive learning of all class participants we reserve the right to ask you and your dog to leave class. Examples of unacceptable dog behaviour include but are not limited to aggressive behaviour, excessive disruptive barking and unhealthy fear that cannot be appropriately mitigated in a class setting. If you or your dog is asked by us to leave we will offer to make arrangements for private training and apply a credit of the fees paid for group classes not attended towards the fees for private training. Fees will not be refunded.

h.    We cannot offer make up sessions for missed group classes. Fees paid for group classes that are missed are not refundable. 

5.    Inclement Weather. In the event of severe cold or hot weather, or any other weather condition, which in our opinion threatens or impairs the health or safety of any dogs or persons participating in outdoor training sessions or the ability to productively carry out training outdoors, we reserve the right to move the training session indoors if a suitable indoor location is available, or to reschedule session. 

6.    Training Methods and Equipment. In providing training services and the conduct of group classes, the following apply:

a.    Our training methods are positive and force free. These are the only methods that will be used.

b.    We will use treats primarily for reinforcement during training sessions. We will have some treats of our own, but also ask that you have plenty of your dog’s favorite treats available also during each session or class.

c.     We do not allow choke, prong, pinch, slip or shock collars on the dogs training with us. If you use any of these on your dog, please discuss this with us beforehand.

d.    Equipment that is permitted includes: harnesses, solid leashes, flat buckle collars, head collars, muzzles.

e.    All dogs in group classes must remain on leash at all times unless instructed otherwise.

f.      Children under the age of 16 in group classes must be accompanied by an adult.

7.    Remote Video Consultations. The services provided by us may include consultations by remote video conferencing, if you and we agree to that. In that event you will be responsible for ensuring that your equipment and software are adequate to support the video conference and you assume any risks associated with the use of any particular video conferencing computer application. Although we may suggest the use of a particular software application, and/or suggest how to use it, we are not experts in information technology and can give no assurances regarding any risks that may be associated with the use of any such technology, whether related to loss of privacy, disclosure of information, unauthorized access to your computer system or other cause. You assume all risks related to your use of any such technology and we assume all risks related to our use of any such technology.

8.    Emergencies. In the event In the event of an emergency involving an injury to your dog, we will try to contact you at the numbers provided to confirm your choice of action. If we cannot contact you in a timely way, we are authorized to:

a.    Take the dog(s) to the veterinarian you identified as the dog’s veterinarian; or

b.    Obtain on-site treatment from a veterinarian; or

c.     Take the dog(s) to an emergency clinic if the previous two options are not feasible in the reasonable judgement of our trainer or handler on the scene.

If there is a health emergency in the general community we may postpone or cancel training sessions, or change the methods by which training or consultation is carried out, which may include requirements regarding physical distancing and the wearing of personal protective equipment, all as considered prudent by us based on applicable regulations or advice from government or health authorities.

9.    Your Rights and Our Relationship. 

a.    You have the right to refuse to participate, or have your dog participate, in any part of our assessment, training class and/or behaviour change program. 

b.    If you have any concerns, please communicate them so that we can make adjustments as necessary within the boundaries of our training methods. 

c.     You have the right to ask for further clarification as questions arise and the right to be clear on all relevant details about training before consenting to the consulting relationship.

d.    You have the option to request that any specific photos or video of you and your dog be excluded from any of our promotional material.

e.    IN PARTNERSHIP DOG TRAINING and its principals are independent contractors and none of them, or their employees or agents, are your employees.

f.      If you provide us with keys, remote control entry devices, access codes or similar devices or information to provide our services, we will keep those devices and information safe and confidential and return any such devices when we are no longer providing services or on request.

10.  No Guarantee of Results. You recognize that the role you play in your dog’s learning process is integral to achieving desired results. Success in training a dog is dependent on the interest, commitment and cooperation of the dog’s owner. In addition, the dog may have underlying conditions, instincts or circumstances which inhibit reaching the desired training goals. You acknowledge and agree that there is no guarantee that your dog will achieve the desired level of training, despite the best efforts of IN PARTNERSHIP DOG TRAINING.  You further understand that the recommendation of any other product or service by IN PARTNERSHIP DOG TRAINING is not a guarantee of satisfaction with that product or service.

11.  Assumption of Risk. You acknowledge that you are voluntarily participating in dog training provided by IN PARTNERSHIP DOG TRAINING with knowledge of the potential dangers.  You acknowledge that dogs are unpredictable animals with their own will and drives, and therefore, regardless of training, handling, or environmental circumstance, IN PARTNERSHIP DOG TRAINING cannot protect against every potential injury, risk or accident to you, to other persons participating in the training or on the property where the training is taking place, or to dogs.  These may include dog attacks, dog bites and the responsive actions and complications that arise from them, and you understand and acknowledge that such risks are inherent and cannot be eliminated.  This Agreement is intended to shift the risk of participating in dog training to you.  Do not sign it unless you are willing to assume the risk to yourself, your dog, and others accompanying you of your participation in dog training, including the associated risks of bodily injury, death or property damage while participating in the dog training and related activities on the property of IN PARTNERSHIP DOG TRAINING, in your own home, or in a public space.

12. Release of Liability. You agree that in consideration for being permitted to participate in dog training provided by IN PARTNERSHIP DOG TRAINING, and/or to use any IN PARTNERSHIP DOG TRAINING’s facilities in connection with dog training, you, your own behalf for your heirs, next of kin, executors, administrators and personal representatives (collectively, “Releasors”), assume the entire risk associated with participating in such an activity and waive, release, discharge and covenants not to sue IN PARTNERSHIP DOG TRAINING, its owners, directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers or other representatives, their successors and/or assigns, including but not limited to Jane Koopman (collectively, “Releasees”), or any of them, from any and all liability to any of the Releasors for any loss, expenses, harm, damage, claim, personal injury (including death) or accident to your person or property, your dog, or any other persons accompanying you at the dog training, including any minor children, arising out of or related to participating in dog training, the providing of services to you pursuant to this Agreement, or using any facilities or equipment of IN PARTNERSHIP DOG TRAINING, even if caused by any negligent act or omission of any of the Releasees. Nothing herein is intended to release any of the Releasees from any harm, injury, claim or damage caused by his or her intentional, wanton or reckless misconduct.

13. Indemnification. You agree that you are and will be responsible for your conduct and the conduct of your dog and others accompanying you (including minor children) at all times.  You agree to indemnify and hold harmless each of IN PARTNERSHIP DOG TRAINING, its owners, directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers and other representatives, including but not limited to Jane Koopman (collectively, “IN PARTNERSHIP DOG TRAINING Personnel”), from any and all claims of personal injury (including death), loss, cost, expenses (including but not limited to legal fees and expenses), or damage to persons, dogs, or property caused by the acts or omissions of you, your dog, and any other persons accompanying you, including any minor children, during the course of training, receiving services from us under this Agreement, or related activities, as well as by the conduct of your dog under your own care as a result of following training instructions.  This provision applies whether the claims are made by you, members of your family, your accompanying guests, any of the IN PARTNERSHIP DOG TRAINING Personnel, or other third parties.

14. Media Release. You consent to us taking photographs and videos of you and/or your dog. By signing below, you give IN PARTNERSHIP DOG TRAINING permission to publish in print, electronic or video format, the likeness or image of you and/or your dog and basic information concerning your dog, for the purposes of education or advertising or promotion of IN PARTNERSHIP DOG TRAINING.  You release all claims against IN PARTNERSHIP DOG TRAINING with respect to privacy rights, publicity rights, copyright ownership and publication, including any claim for compensation related to use of the materials.

15. Personal Information. You consent to us collecting, storing and using personal information about you and your dog, including your name, address and contact information, for the purpose of providing the services contracted for under this Agreement and the handling and safekeeping of your dog and your personal safety. We will not disclose that personal information to any third party except you agree that we may disclose portions of that personal information to third parties only in the event it becomes reasonably necessary, and only to the extent reasonably necessary, for providing the services contracted for under this Agreement and complying with its terms, or the handling and safekeeping of your dog or your personal safety or the safety of others.

16. Right to Terminate. We reserve the right to terminate this Agreement if:

a.    any of the information you provided in the Intake Form is not true;

b.    in our sole opinion your dog is vicious or dangerous to our trainers or any other dog or person;

c.     in our sole opinion your dog interferes with the training of other dogs to an unacceptable extent; 

d.    in our sole opinion continuing to provide services for your dog is not in the best interests of any of the dog, you or us, for any reason.

If we terminate for any of these reasons we will refund to you the fees you have paid which are attributable to any unused sessions.

17. Entire Agreement. This Agreement, the Intake Form and the  services and bookings chosen by you through our website and confirmed by us, constitute the entire agreement between you and us with respect to the services provided by us to you and there are no other agreements, undertakings, representations, warranties or understandings, written or oral, express or implied, other than as set out in this Agreement or those documents. This Agreement may only be modified by an express written agreement, made after this Agreement has been executed, which both we and you have signed.

18. Severability. If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, the invalid or unenforceable provision or portion will be severed from this Agreement and will not affect the legality, validity or enforceability of any other provision of this Agreement.

19. No Waiver. No waiver of any provision of this Agreement will be binding unless made in writing.  No condoning, excusing, or overlooking of any default, or failure or delay in exercising any remedy, will operate as a waiver of any subsequent default.

20. Time is of the Essence. Time will be of the essence of this Agreement.

21. Governing Law. This Agreement, including the documents delivered in connection with this Agreement, will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Each of the parties irrevocably submits to the jurisdiction of the courts of the Province of British Columbia.

22. Enurement; No Assignment. The terms of this Agreement will be binding on, and enure to the benefit of, you and us and our respective heirs, executors, administrators, legal representatives, successors and permitted assigns. This Agreement may not be assigned by either party without the express prior written consent of the other party.

23. Execution in Counterparts and Electronic Delivery. This Agreement, and the Intake Form may be completed and/or signed in separate counterparts, each of which may be delivered through our website, by email or in other electronic form, and all counterparts together will constitute one and the same agreement.

24. Authority to Sign, Acknowledgment and Voluntary Execution. By signing Agreement, you and warrant that you are at least 19 years of age and competent to sign this Agreement and that you are the sole owner of the dog identified in the Intake Form or otherwise have full authority to enter into this Agreement with respect to that dog.  You acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its terms.  Without limiting the generality of the foregoing, you understand that this Agreement includes an assumption of the risk of IN PARTNERSHIP DOG TRAINING’s negligence, a release of IN PARTNERSHIP DOG TRAINING’s liability and an indemnity by you.  

Signed by the CLIENT on the ___ day of _____________, 20__

 _______________________________________

Name: