Services agreement for Private dog training
THIS DOCUMENT CONTAINS A WAIVER OF LIABILITY AND RELEASE OF CLAIMS. BY AGREEING TO THE TERMS OF THIS DOCUMENT DURING THE REGISTRATION PROCESS, YOU AGREE TO GIVE UP CERTAIN LEGAL RIGHTS. PLEASE CAREFULLY READ THIS ENTIRE DOCUMENT.
In consideration for utilizing the services of The Dog Abides, LLC, a Pennsylvania limited liability company ("The Dog Abides"), you agree to all of the following terms in relation to the dog you identified during the registration process (the "Dog"). By accepting these terms during the registration process, YOU AGREE THAT YOU ARE KNOWINGLY AND VOLUNTARILY ENTERING INTO A VALID AGREEMENT with The Dog Abides, and you intend and agree to be bound by all of these terms.
1. SERVICES
The Dog Abides agrees to provide private dog training and/or behavior consulting services to you online via videoconference, or in-person at the premises of The Dog Abides's owner, your home, or another agreed upon location, on dates and at times agreed upon by you and The Dog Abides. The Dog Abides will coach you in dog training and behavior skills during consultations and/or sessions.
You understand and acknowledge that The Dog Abides's services do not include, and should not be construed as, medical advice. You understand and acknowledge that The Dog Abides's owner, Joan Forry, is not a licensed veterinarian or other licensed medical or veterinary professional.
2. FEES
You agree to pay The Dog Abides the following fees for any service that you elect.
Online Training
$175 for an initial consultation
$32 for each 15-minute follow-up session
$67 for each 30-minute follow-up session
$92 for each 45-minute follow-up session
$145 for each 60-minute follow-up session
In-Person Training & Travel Fees
$175 for an initial consultation
$152 for each 60-minute follow-up session
$20 travel fee for each visit to your home or public location (within locations served)
Payment is due in advance at the time of booking any service. All purchases are non-refundable and non-transferable. Fees are subject to change without notice at any time prior to purchase. Current fees are described on The Dog Abides's website.
3. RESCHEDULING
You may reschedule any consultation or session by selecting a different appointment using the "Reschedule Appointment" button in the applicable email confirmation at least 24 hours before the date and time of the scheduled appointment. If you notify The Dog Abides with less than 24 hours advance notice, or are not present at the scheduled time, the consultation or session is deemed to be forfeited and is not refundable.
4. CLIENT'S REPRESENTATIONS
You represent and affirm that:
You are at least 18 years old and competent to agree to be bound by the terms of this agreement.
You are the lawful owner of the Dog, or a custodian otherwise responsible for the Dog's care.
The Dog is under the care of a licensed veterinarian and has had a wellness exam within the last 12 months.
The Dog is up-to-date on rabies vaccinations as required by law.
The Dog's health is in a condition acceptable to you for the purposes of participating in a consultation or session, and performing related training exercises.
All of the information you provided to The Dog Abides during the intake and registration process concerning the Dog, you, and your household, is true, complete, and correct in all respects.
Before each consultation or session, you agree to provide The Dog Abides with any additional or updated behavior and medical information about the Dog that has occurred since the information initially provided during the intake and registration process, or the previous consultation or session, as applicable. This includes, but is not limited to, information about parasite infections, bacterial infections, communicable diseases, musculoskeletal or other injuries, fearful or anxious behaviors, and aggressive behaviors toward humans or other dogs. You agree that any such additional or updated information will be true, complete, and correct in all respects.
5. EQUIPMENT & TECHNIQUES
You understand and acknowledge that The Dog Abides is dedicated to humane, rewards-based training principles based on compassion, respect, and scientific evidence, and that The Dog Abides will not use or recommend training equipment or techniques that rely on pain, fear, forceful manipulation, or intimidation. You agree not to use any such training equipment or techniques during any consultation or session with The Dog Abides, including, but not limited to, choke collars, prong or pinch collars, shock collars, electronic or "e" collars, anti-bark collars, citronella collars, shake cans, compressed air cans, hitting, striking, shoving, pinning, kicking, leash-jerking, spraying, and shouting.
You understand, acknowledge, and agree that The Dog Abides may terminate any consultation or session if it determines, in its sole discretion, that you or a participating member of your household is not in compliance with the foregoing. Such a consultation or session is deemed to be forfeited and is not refundable.
6. DANGEROUS SITUATIONS
You understand, acknowledge, and agree that The Dog Abides may terminate any consultation or session if it determines, in its sole discretion, that the Dog is dangerous or poses a risk of injury to any person or animal. Alternatively, The Dog Abides may, in its sole discretion, complete the consultation or session with only you, if you are able to safely and humanely relocate the Dog to a separate area that will ensure safety.
7. ONLINE TRAINING
To participate in any online consultation or session, you understand that you will need a computer or mobile device with internet access, camera, and microphone to join private video conferencing meetings with The Dog Abides. You acknowledge and agree that you are solely responsible for obtaining the necessary equipment, ensuring viable internet connectivity, and familiarizing yourself with the equipment and software prior to the consultation or session.
8. NO GUARANTEE OF RESULTS
You understand and acknowledge that training is an ongoing commitment for the entire course of the Dog's life, and that active commitment by you and all members of your household is critical to progress. The Dog Abides will make every reasonable effort to help you achieve your training goals for the Dog. You understand and agree, however, that The Dog Abides makes NO GUARANTEE, PROMISE, OR REPRESENTATION, express or implied, about the Dog's behavior or that your desired results will be achieved. You agree that all fees paid to The Dog Abides are fully-earned and non-refundable, and are in no respects contingent on your level of satisfaction with the results.
9. PHOTO & VIDEO RELEASE
In consideration for utilizing The Dog Abides's dog training services, you grant The Dog Abides permission to RECORD, FILM, PHOTOGRAPH or otherwise capture in any media your likeness and images of your Dog during any consultation or session, and to edit, publish, distribute, store electronically, and make use of such recordings or photographs for any lawful purpose, including, for example, website content, social media, printed materials, marketing, and advertising. You agree that you will make no monetary, ownership, use, or other claim against The Dog Abides for the use of your likeness and images of your Dog in such recordings and/or photographs.
10. LIABILITY WAIVER & INDEMNIFICATION
You recognize that there are inherent risks associated with dogs and dog training that may result in injury or damage to you, another person (including a minor child), the Dog, another animal, or other property. Examples may include, but are not limited to, bites, punctures, lacerations, scratches, musculoskeletal injuries, tooth and gum injuries, parasite infection, communicable disease exposure, soiling, vomiting, diarrhea, ingestion of food or non-food items, and damage to furniture, household items, electronic devices, and other personal items. Due to the unpredictable nature of dogs and dog behavior, you understand that these risks are attendant to dog training and interacting with dogs, and cannot be eliminated. You understand that The Dog Abides cannot protect you, the Dog, or any other person or animal, against the risk of potential bodily injury, death, or property damage while utilizing The Dog Abides's dog training services or participating in related activities. You acknowledge that these services are of such value to you that you VOLUNTARILY AND KNOWINGLY ACCEPT AND ASSUME THE ENTIRE RISK associated with utilizing The Dog Abides's dog training services.
In consideration for utilizing The Dog Abides's dog training services, you, on behalf of yourself, your heirs, spouse, next of kin, executors, personal representatives, successors, and assigns, irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE The Dog Abides and all of The Dog Abides's members, employees, agents, and representatives from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the services provided by The Dog Abides or the Dog's behavior, including any resulting from the negligent acts or omissions by The Dog Abides or any of The Dog Abides's members, employees, agents, or representatives. This paragraph does not extend to claims for reckless conduct or any other liabilities that Pennsylvania law does not permit to be released by agreement.
You further agree to HOLD HARMLESS, INDEMNIFY, AND DEFEND The Dog Abides and all of The Dog Abides's members, employees, agents, and representatives from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the services provided by The Dog Abides or the Dog's behavior, including any resulting from the negligent acts or omissions by The Dog Abides or any of The Dog Abides's members, employees, agents, or representatives, and including claims made by you, members of your family, any other person living in your home, your guests, any person present for or participating in dog training activities, or any third party.
11. MISCELLANEOUS
Section headings are for reference purposes only and will not affect the meaning or interpretation of this agreement. References to "the Dog" or "your dog" in the singular also include the plural where the dog training services being rendered are in relation to more than one dog.
If any provision in this agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
This agreement is governed by the laws of the Commonwealth of Pennsylvania. You agree that the exclusive jurisdiction and venue for any litigation, action, or proceeding arising from or relating to this agreement will be in the state courts located in Chester County, Pennsylvania or the federal courts located in Philadelphia, Pennsylvania. You expressly waive any right to contest personal jurisdiction, venue, or inconvenient forum for any reason whatsoever.
Last revised: July 25, 2024