Service Agreement

This form must be signed by Client before services are rendered.

 

This Agreement is being entered into on the date of it's execution between {primaryHandlers} and Born to Be Dog Training LLC.

Born to Be Dog Training LLC with a business address of 8840 San Ysidro Ave #1031, Gilroy, CA 95020 (herein referred to as "Company")

AND 

{primaryHandlers} located at {yourAddress} (herein referred to as "Client").

Company's Contact Information: 

• (Text) (408) 882-1976
• (Video Phone) 408-389-5108
• borntobedogtraining@gmail.com

If you are securing services for additional participants, such as your spouse(s), partner(s), family, other housemates, and/or friends, the terms of this service agreement extend to all individuals engaging in the services provided by the Company. The primary responsibility lies with the Client.

The Company and the Client may be referred to individually as the "Party" and collectively as "Parties". This service agreement pertains to the following:

• {dogsName27}
• {dogsBreeds}
• {dogsSex}
• {dogsAges}

 "Package" refers to the monthly subscription, dog training packages, or hourly sessions purchased by Client from Company.

 

TERMS & CONDITIONS 

 1. Description of Services

The Company offers professional dog training services tailored to the Client's goals, as outlined in the intake form and through regular communications. Sessions are conducted at locations agreed upon in advance, employing positive reinforcement and humane methods. The Company may recommend training tools, and the Client commits to responsible use. A customized training plan may be developed, with adjustments as needed through the training period.

Both Parties understand that the success of the training depends on the Client's commitment to follow through with the Company's recommendations. Client adherence to recommended practices and prompt communication of concerns is essential. The Company reserves the right to refuse or terminate services if the safety of any party, including the dog, is at risk.

Additionally, the Company provides case-by-case services beyond sessions, encompassing tasks such as preparing lesson plans, evaluating behavior, consulting with experts, and offering personalized coaching and communication outside booked sessions.

2. Communication Guidelines:

• Business Hours: You agree to contact the Company during its posted business hours, as available on the website, excluding emails. The Company may not respond outside these hours.
• Language and Tone: Maintain appropriate and respectful language and tone. Abusive behavior will result in contract termination.
• Response Time: The Company aims to respond within a reasonable timeframe during business hours but does not guarantee immediate responses.
• Non-Urgent Inquiries: Use borntobedogtraining@gmail.com for non-urgent inquiries. Expect responses within 2-4 business days.
• Urgent Matters: Specify urgency in emails for quicker responses, up to 48 hours depending on nature.
• Formal Requests: Submit in writing via email, text, or provided forms. Include clear details and documentation. All requests and responses are documented for reference.
• Emergency Requests: In exceptional circumstances, the Company may waive the written request requirement and communicate approvals or denials through various means at its discretion.

3. Dog Health, Vaccinations, & Behavior

1. Health & Vaccinations. You warrant that your dog is in good health and free from communicable diseases. If requested, you agree to provide proof of your dog's current vaccinations for rabies, distemper, bordetella and other vaccinations before the start of training sessions. If the dog is not current on their vaccinations and this is requested by the Company, you agree to have the dog vaccinated before the start of training sessions. You agree to inform the Company of any health or behavior problems that may affect the dog's training progress. You understand and assume liability for any issues pertaining to health & vaccinations in relation to any people/dog(s)/pets throughout retention of Company's services, whether disclosed or not to Company.
2. Dangerous Behavior(s) & Referrals. When working with dogs, some cases may be more severe than understood during previous conversations between you and the Company. To address severe or dangerous behaviors:
   1. The Company will prioritize the safety of themselves and your dog. This may mean taking steps to limit the dog's access to other animals or people during the training sessions, and/or using a muzzle if necessary.
   2. The Company will communicate orally or otherwise with you during the session(s) about the dog's dangerous behavior, and will explain any necessary safety measures that will be implemented during the training session(s).
   3. You agree to inform the Company of any changes in your dog's behavior and/or health outside of the training sessions that may affect the dog's progress or safety.
   4. The Company may need to modify the training plan to ensure that the dog's dangerous behavior(s) is addressed appropriately. This may involve focusing on more basic obedience training and behavior modification techniques to help the dog overcome any aggressive, anxious, and/or other dangerous tendencies.
   5. If the dog's aggression or severe issue(s) are beyond the Company's level of expertise, or if the Company feels that the dog may pose a safety risk to themselves or others, the Company may consider referring the dog to a specialist in the canine field and/or close the contract with you.

Disclaimer: Although behavior may be modified, the dog is never “cured”. A dog’s behavior is ultimately the responsibility of the owner. As a result of the changeability inherent in all behavior, the Company cannot offer a guarantee of an animal's future behavior.

4. Intake Form

You must complete and deliver to us through our website or directly the Born to Be Dog Training Intake Form (the “Intake Form”) before any services will be provided. You, as the Client, 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

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, as also described per this Waiver & Service Agreement.

5. Fees and Payment Policy

A. You agree to pay the Company the full amount of all service and packages purchased. 

B. If mileage fees apply, you agree to pay the full amount of mileage and travel fees quoted by Company. The 2025 mileage rage is $0.70 cents per mile.

C. Payment Policy: In the event that you are unable to make a payment, you should immediately contact the Company to discuss possible payment alternatives. The Company, at their discretion, may or may not work with you to come up with a mutually agreeable payment plan. Should a payment plan be arranged, you are responsible to fulfill your financial obligations. All fees are nonrefundable. See "Refund Policies" for more information.

6. Expiration Policy

EXPIRATION DATES. There are expiration dates on all subscriptions, session hours, and Packages purchased. This is due to the validity of the intake form and behavioral observations discussed at the time of this Agreement. Behavior is fluid and changes; thus, observations are only valid for a certain amount of time depending on individual training needs. Consistency and timeliness is needed to address current behavioral/training needs, as well as to effectively train your dog so no progress is lost.

There are no refunds on expired Packages. Once Package is is expired, you will need to purchase a new Package.

As such, when purchasing, please make sure you can make a reliable commitment to regular training sessions. You will receive access to Company's calendar and scheduling software, and you are responsible for scheduling your sessions in a timely manner.

• Session Hours purchased singularly or within session packages (outside subscriptions) will expire 6 months from original payment date.
• Monthly subscriptions grant a specified number of sessions per month, based on your subscription choice. These allotted sessions are applicable from day 1 of the month to day 31 of the same month (for example, July 1st through July 31st). Unused sessions cannot be credited toward additional sessions the following month.

In any situation where you have received a credit for future services (due to rescheduling, cancellation, force majeure, etc.), all credits are subject to the expiration dates for the subscription, packages, or hours as outlined in this Agreement or through written communications with Company. 

In some situations, the Company may choose to make an exception to the expiration policy; this decision is on a case-by-case basis and at the Company's discretion.

7. Refund Policy

A. NO-REFUND POLICY. Once you have paid for dog training services, the Purchase Price is non-refundable. In the event of cancellations, payments made may be credited to a future service. See applicable section on cancellation policies. 

Due to the nature of our services, the Company stands by the no-refund policy except in the following specific circumstances:

• Non-delivery of services: If the services outlined in this Agreement are not delivered to the you by the Company, you may be eligible for a refund. This does not include dissatisfaction with training. 
• Health concerns: If the dog becomes fatally ill or injured and is unable to participate in the training after Package is purchased, you may be eligible for a refund; Company may request direct veterinarian verification regarding dog's diagnosis. 
• Force Majeure: If an unforeseeable event occurs, such as natural disasters, pandemics, strikes, civil unrest, war, government restrictions, or any other events that are outside of our control, Company reserves the right to either offer a credit towards future sessions or issue a refund.

Please note that in all cases where one of these circumstances apply, the refund will be issued at Company's discretion and may be subject to certain conditions, such as you making at least 3 initial attempts to reschedule sessions using a credit from the original payment and/or return of any training equipment/products. Additionally, if you have already received any training services, the refund amount may be prorated based on the amount of services that have not yet been provided.

If any of these circumstances occur, please contact the Company as soon as possible to initiate the refund process. In all other cases, Company's no-refund policy applies.

If you have any questions or concerns about the no refund policy, please do not hesitate to contact the Company following Communication Policy. The Company is committed to providing excellent customer service and will do their best to address any concerns or issues that may arise. 

8. Cancellation Policy for Session Hours 

I. Client Cancellations 

• Client cancellations require 48-hour notice.
• For client cancellations more than 48 hours prior to your initially scheduled appointment, your original payment may be credited to a future appointment that takes place before expiration date of your Package. See expiration policy above. 
• For client cancellations less than 48 hours to your initially scheduled appointment:
  • Monthly Subscription: The Company reserves the right to mark the scheduled session as completed and move on to the next consecutive session.
    
    • For example: Your subscription includes 4 sessions; you cancel Session #2 less than 48 hours from scheduled date and time, thus your following appointment will be Session #3. 
  • Single Session Package: The Company reserves the right to consider this session completed and close out your contract. If you would like to reschedule, a new agreement and new payment will be required.
  • 2+ Session Packages: The Company reserves the right to mark the scheduled session as completed and move on to the next consecutive session.
    • For example: Your package includes 3 sessions; you cancel Session #2 less than 48 hours from scheduled date and time, thus your following appointment will be Session #3.

II. Company Cancellations & Rescheduling. In the event that the Company needs to cancel a scheduled session due to unforeseen or extenuating circumstances, the following policy will apply:

1. The Company will provide as much notice as possible, ideally at least 24-48 hours in advance (if situation allows) and provide a brief explanation for the cancellation.
2. The Company will offer to reschedule the session at a mutually convenient time. All Packages can be rescheduled with no penalty to you. Refunds are not given for Company cancellations, as all sessions will be rescheduled. You may refuse to reschedule, but this does not entitle you to a refund.
3. If Company cancellation impacts expiration dates on your Package, the Company may provide a specific grace period.
4. The Company may suggest alternative options for you to continue training your dog during the time that the session was cancelled.

III. No shows. If you fail to show up for a scheduled dog training session with or without providing appropriate notice to the Company, the Company reserves the right to charge the full fee for the Package and may not offer a credit for future services. Company reserves the right to consider the no-show as a completed session. 

Please note that the Company reserves the right to make exceptions to this cancellation policy on a case-by-case basis. If you have any questions or concerns about the cancellation policy, please do not hesitate to contact the Company. The Company is committed to providing excellent customer service and will do their best to accommodate your needs while also protecting their time and resources.

9. Rescheduling Policy

Client rescheduling policy requires 48-hour notice. To reschedule any canceled appointments, you are responsible to contact the Company following Communication Policy to request a reschedule. Any applicable rescheduling fees will be based on your cancellation period as outlined above.

Following this request, you are responsible to access the Company's calendar and reschedule any sessions to a mutually convenient later date, and before expiration date of your package.

10. Client Responsibilities

A. GENERAL CLIENT RESPONSIBILITIES: You are responsible for the following:

1. Ensuring that your dog is in good health and free from any contagious diseases or conditions.
2. Providing proof of current vaccinations and deworming, as required by law, prior to the start of training when requested.
3. Complying with all applicable leash laws and ordinances when on walks or in public areas.
4. Providing and maintaining your own equipment, including but not limited too, a secure collar and leash for your dog during training sessions.
5. Arriving on time for scheduled training sessions and providing appropriate cancellation notice
6. Scheduling and/or requesting to reschedule sessions via Company's calendar with provided links from Company.
7. Participating in training sessions as directed by the Company's trainer and following through with any recommended training exercises or techniques.
8. Reading the entirety of this contract before signing in agreement. 
9. Fulfill all financial obligations as outlined in this Agreement.

B. CLIENT TOOLS & EQUIPMENT. You are responsible for supplying all necessary tools and equipment for your dog's training, including but not limited to leashes, collars, and training treats. The Company will not be responsible for providing any such tools or equipment; however, in some cases, the Company may lend you our Company equipment, tools, or treats for the duration of the training session at Company's discretion. All Company equipment and tools must be returned to Company unless otherwise agreed upon by Company. 

The Company may recommend certain tools or equipment for you to use during training, but it is ultimately your responsibility to obtain and maintain these items, and to follow all instructions provided by the Company regarding the use of such tools and equipment.

C. AVERSIVE TRAINING TOOLS & TECHNIQUES. You agree to use only tools, techniques, and equipment that are safe and humane for the dog. You agree not to use any aversive training tools or methods during the training of your dog. Such tools and methods include but are not limited to choke chains, prong collars, shock collars, invisible fences, and physical punishment. The use of any of these tools or methods is strictly prohibited when contracted with the Company.

You understand that the use of aversive training tools or methods may cause physical and emotional harm to your dog, and may even be illegal in certain circumstances. They can also interfere with progress. If you are found to be using any aversive training tools or methods during the training of your dog, the Company has the right to terminate the training services immediately without refund.

The Company is committed to using only positive reinforcement and humane training methods, and you agree to abide by this commitment.

11. Contract Breaches

Company shall have the right to terminate this Agreement in the event you breach this Agreement or in the event either party’s performance of this Agreement is impaired for reasons beyond its control (e.g., a force majeure event).

Company shall not be deemed in breach of this Agreement unless you have provided Company with written notice describing the alleged breach and Company fails to cure such breach within ninety (90) days of receipt of your written notice.

12. Release of Liability

You hereby releases and forever discharges Company, its owners, employees, and agents from any and all liability, claims, demands, actions, and causes of action for any harm, injury, or damages caused by your dog(s) during the course of training sessions or related activities, and to assume all risks associated with the dog's training.

You agree that you will be responsible for any harm, injury, or damages caused by your dog(s) to other dogs, people, or property during and outside of the training sessions. You acknowledge and understand that any medical conditions, injuries or illnesses that may occur to you, other people, other pets, other animals, or your dog(s) themself during or as a result of dog training services are your sole responsibility, and the Company shall not be held liable for any such occurrences.

You acknowledge that dog training involves certain risks and agrees to assume all such risks and to hold Company harmless from any and all damages, losses, or expenses arising from your use of the training services. You further acknowledge that you have read and understand this release of liability. You voluntarily sign this agreement as a condition of receiving dog training services from Company.

13. Waiver & Indemnification

These indemnification provisions shall survive the termination of the dog training services.

INHERENT RISKS. By enrolling your dog in Company dog training services, you acknowledge that dog training involves inherent risks and that no amount of training can eliminate all risks associated with dog behavior. You acknowledge and assume all risks and dangers associated with dog training, including but not limited to the risk of dog bites or other injuries. You further acknowledges and agrees that you assume full responsibility for the actions of your dog.

INJURIES, HARM, & DAMAGES. You agree to release, indemnify, and hold harmless Company, its owners, employees, agents, and representatives from any and all claims, actions, suits, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with the dog training services, including, but not limited to, any injuries or damages caused by your dog to other dogs, other people, or property during and outside the training sessions, or violation of any law or ordinance. You acknowledge that you are solely responsible for the behavior and actions of your dog during training sessions and at all times. You agree that the Company is not liable for any damage, injury, or harm caused by your dog. You understand and agrees that Company is not responsible for any loss or damage to personal property that may occur during training sessions.

MEDICAL AND BEHAVIORAL CONDITIONS. You acknowledge that Company is not liable for any pre-existing medical or behavioral conditions of your dog that may be aggravated during training sessions. By enrolling your dog in Company services, you agree to these terms and conditions and understands that you are waiving your right to sue Company and/or seek damages in connection with the Company's services.

GENERAL INDEMNIFICATION. You further agree to indemnify and hold harmless Company from any and all claims arising out of any breach of contract, costs and expenses (including in-house and outside attorney's fees),  misrepresentation, damages, liabilities, or negligence on your part, your dog, or any third party. 

EQUIPMENT & TRAINING TOOLS. You understand that the Company is not responsible for any damages or injuries that may result from the use of any chosen tools or equipment during and outside of training sessions. You agree to indemnify and hold the Company harmless for any damages, injuries, or claims arising out of your use of any tools or equipment, either chosen by yourself, lended by Company, or recommended by the Company. You also agree to indemnify and hold the Company harmless for any damages, injuries, or claims arising out of your use of aversive training tools or methods during the training of your dog.

COMPANY PROPRIETARY RIGHTS. You agree that Company retains all right, title and interest in and to any and all intellectual property, trade secrets or other proprietary rights related to Company and/or the services furnished by Company, including but not limited to all copyrights, trademarks, service marks, privacy and publicity rights. You will have no right to use or disclose any of the foregoing without the prior written consent of Company in each instance. 

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California in Santa Clara county.

15. Force Majeure

In the event of a force majeure event, such as natural disasters, strikes, civil unrest, war, pandemics, government restrictions, or any other events that are outside of our control, the Company may be unable to provide the services outlined in this Agreement to you.

If such an event occurs, Company will make every effort to provide the services as soon as possible. However, we reserve the right to cancel or postpone the delivery of services without liability for any loss or damage arising from such cancellation or postponement.

If the force majeure event results in a cancellation or postponement of services, we will notify you as soon as possible following the Communication Policy in Section 1, and work with you to reschedule the training services at a mutually convenient time. If rescheduling is not possible, we may issue a refund at our discretion. See Section 5 for "Refund Policy" and Section 6 for "Cancellation Policy".

16. Mediation

Any disputes arising from this Agreement should be attempted to be resolved initially through mediation. If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any dispute shall be entitled to recover reasonable attorneys’ fees and costs.

17. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Successors & Assigns

This Agreement and its provisions bind and benefit the parties, along with their heirs, successors, and assigns. You cannot assign this Agreement or your rights/obligations without Company's written consent. Company can assign its rights/obligations without Client's consent.

Any attempt by you to assign this Agreement without Company's written consent is null and void. The Agreement is governed by California law, and disputes are resolved per the agreement's dispute resolution provisions.

19. Entire Agreement

This Agreement remains in effect until terminated by written notice from either party, Company closing your contract, or as otherwise specified herein. You affirm that you are able to enter into this Agreement and are not bound by conflicting agreements or obligations.

This Agreement is the complete understanding between you and the Company regarding its subject matter, overriding all prior agreements, whether written or oral. It does not establish a partnership, joint venture, or employment relationship; Company acts as an independent contractor.

20. Amendment

This Agreement can only be modified in writing, signed by both parties. Any changes must be mutually agreed upon, documented in writing, and attached to this Agreement. Such modifications become part of this Waiver & Service Agreement and are subject to all its terms. No other modifications are valid unless in writing and signed by both parties.

In case of modification, the parties commit to acting in good faith and fully cooperating in preparing and executing necessary amendments. Failure to do so won't excuse parties from their existing obligations.

This modification provision does not permit unilateral changes. All modifications must be in writing and agreed upon by both parties.

21. Media Release

You grant permission for the Company and/or its owners, employees, and agents to take photographs and/or videos ("Materials") of you, your dog(s), and other participants listed on this Agreement during the training period. You grant the Company the right to reproduce and publicly display the Materials in any manner or medium, including by not limited to print, digital media, publication, and on the internet. You will not receive royalties or any monetary compensation for use of your materials. You also grant permission for Company to use these Materials in all forms of advertising and promotional material, both print and digital, which may include but is not limited to: Company's website, social media channels, marketing flyers, marketing videos, webinars, educational content, and other public platforms. You understand that Company may use Materials with or without your or other participant's names. Company reserves the right to use collected and compiled Materials for internal use in any capacity, whether for promotional or business purposes, as Company may deem necessary or desirable.  

This permission does not constitute endorsement of the Company's services.

If you consent and you have any questions, concerns, or would like to request specific restrictions regarding the use of Materials, please do not hesitate to contact the Company. The Company is committed to providing excellent customer service and will do their best to accommodate your needs.

 

By signing below, Client agrees to all terms and conditions in this document. 

Company Signature

Trainer's Name: Leah Bornstein

Date: {todaysDate}