DOG TRAINING SERVICES AGREEMENT

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. 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.

SERVICES

You engage us, Jonathan and Jane Hepburn doing business as IN PARTNERSHIP DOG TRAINING (“we”, “us” “our” “IN PARTNERSHIP DOG TRAINING”) 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 this Agreement is signed by you and to services we agree in the future to provide to you.

FEES AND PAYMENT

You agree to pay us the fees for the services as specified on our website or otherwise communicated by us when the classes or appointments are booked and confirmed by us. Fees must be paid at the time of booking the relevant service. Fees are non-refundable. All fees must be paid in Canadian dollars or United States dollars unless otherwise agreed.

CANCELLATION POLICY

For PRIVATE TRAINING SESSIONS, the following apply with respect to cancellations or training sessions missed by you:

- Sessions cancelled by you more than 48 hours before the appointment may be rescheduled one time.

- Sessions cancelled by you less than 48 hours before any appointment will be forfeited without refund of fees.

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

- Sessions expire one year from the date of purchase, and all sessions must be used within this period or they will be forfeited without refund.

WEATHER

In the event of severe weather conditions, 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 safely travel to or productively carry out training, we reserve the right to reschedule the session.

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  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.

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.  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.

 EMERGENCIES

In the event of an emergency involving an injury to your dog when you are not present, 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 act in the best interest of the animal including seeking any required emergency medical care.

LIABILITY RELEASE AND WAIVER

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 and you knowingly and freely accept and assume all such risks. 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, scratches, falls, collisions, transmission of disease or parasites, and the responsive actions and complications that arise from them, and you understand, accept, and acknowledge that all such risks are inherent and cannot be eliminated and that you are solely responsible for your own safety and the safety of any minors or guests who accompany you. 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.  

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

 You are the lawful owner or custodian of the listed dog(s), and the Intake Form information is true and complete. The dog(s) is currently licensed and not under any order, seizure, quarantine, or restriction that would bar participation, unless disclosed in writing. The dog(s) is fit to train, has been examined by a licensed veterinarian within the past twelve months, and all relevant medical or behavioural conditions have been disclosed. The dog(s) is current on core and legally required vaccinations (or a veterinarian-supported titer plan), is free of fleas, ticks, and contagious illness, and will not attend group classes while ill or within twenty-four hours after vomiting or diarrhea. All aggression or bite history has been fully and accurately disclosed. You will inform us in advance of any group sessions if your dog is a female dog is in heat.

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 Jonathan and Jane Hepburn (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.

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 Jonathan and Jane Hepburn (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.

PERSONAL INFORMATION

You consent to us collecting, storing and using personal information about you and your dog, including that information set out in this intake form and information you voluntarily provide us or that is disclosed to us on your behalf required for reasonable business purposes  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 as required by law or if 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.

RIGHT TO TERMINATE

We reserve the right to terminate this Agreement if:

-Any of the information you provided in the Intake Form is not true; -In our sole opinion your dog is vicious or dangerous to our trainers or any other dog or person;

-In our sole opinion your dog interferes with the training of other dogs to an unacceptable extent;

-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.

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.

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.

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.

TIME IS OF THE ESSENCE

Time will be of the essence of this Agreement.

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.

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 you without the express prior written consent of IN PARTNERSHIP DOG TRAINING.

AUTHORITY TO SIGN, ACKNOWLEDGEMENT AND VOLUNTARY EXECUTION

By checking the below box, you 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. You consent to use electronic means to enter into this Agreement and to receive records electronically.

By checking this box you acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its terms.

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 waive any right to inspect or approve the Materials or their use and 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.