Waiver of Liability by Dog Trainer
The undersigned hereby gives this waiver of liability in consideration of payments made for dog training services.
Waiver of Liability
I, the undersigned, have enrolled myself and my dog(s) in day training, dog training classes, boarding, board and trains, private lessons, workshops, seminars, or other related activities (Hereinafter called “Training Services”) offered by Gallatin K9, LLC (hereinafter “GK9”). By signing hereunder, I certify that I have been informed and understand that there is always some unavoidable risk of injury involved when working with animals, especially animals with behavioral issues. I acknowledge that dogs can be inherently difficult to control and that not all dogs will be under control at all times resulting in the possibility of injury to myself, my dog, my family members, or third parties. Additionally, I have had full opportunity to discuss all concerns I have about the foregoing risks with TWP and its authorized representatives. I have also made all inquiries and investigations to my satisfaction related to such risks, including, but not limited to, an examination of the training area (if applicable). I hereby accept and assume, without reservation, all risks associated with my participation in the training services, including, but not limited to: the risks of any and all injuries to myself, my dog(s) and any of my family members or third parties who may attend; the risks that my dog(s) may cause injury to other persons and/or dogs involved in the classes or otherwise; and the risks arising from saliva, water, food, rain, snow and/or other debris that may be present in the training area. I have read and understand GK9'sTerms & Conditions (next page), and agree to abide by them to whatever extent applicable. As lawful consideration for participating in the Training Services, I, for myself, my heirs, co-owners, executors, administrators, legal representatives, successors and assigns (hereinafter called the “Releasing Party”), hereby waive, release, discharge and agree not to sue and hereby indemnify, and agree to defend and hold harmless GK9 and its members, managers, agents, contractors and employees (the “Released Party”) from any and all liabilities associated with any injuries, losses, claims and damages to any animal, person or persons of any nature whatsoever, including any claims arising from the Released Party’s own negligence, and all costs associated therewith, including attorney’s fees, court costs and consultant fees, arising from my participation in the Training Services. I have purchased whatever insurance policies, if any, that either my advisors or I deem appropriate to cover all or any of the liabilities or losses that I might incur or suffer pursuant to this Waiver of Liability & Informed Consent Release, including, without limitation, mortality and/or medical insurance on my dog(s). In the event my dog(s) experiences any perceived medical issues or problems while under GK9’s care, GK9 shall take all responsible steps to contact myself or my emergency contact, whose contact details I have provided below. It is my sole responsibility to immediately arrange to have my dog picked up from GK9s’ care as soon as I am notified. In addition, GK9 is hereby authorized to take the following actions, regardless of whether or not GK9 has been able to communicate with myself or my emergency contact about any specific medical issue or problem: (1) Take all reasonable steps to remedy the medical issues of my dog(s); and (2) seek additional veterinarian services if, in GK9's sole judgment, such services are necessary for the best interests of my dog(s). I hereby agree fully and promptly to pay or reimburse to GK9 any or all costs incurred by GK9 for such services. I authorize any bank, debit, or credit card information on file with GK9 to be used to reimburse GK9 in such circumstances. If I do not have a valid payment method on file with GK9, I agree to immediately reimburse any and all expenses incurred by GK9 via wire transfer directly to GK9 the next business day. It is my sole responsibility to contact GK9 for bank wiring instructions. This Waiver of Liability & Informed Consent Release shall be legally binding on the Releasing Party. Should the Releasing Party assert a claim to the contrary to what the Releasing Party has agreed to in this Waiver of Liability and Informed Consent Release, the claiming party shall be liable for all expenses (including attorney’s fees, court costs and consultant fees) incurred by both the Releasing Party and the Released Party. No waiver or modification of any provision herein shall be valid unless expressly agreed to in writing by both the Released Party and the Releasing Party. Terms & Conditions Private Lessons & Day Training: All cancellations must be made not less than 24 hours in advance of an appointment. If I cancel less than 24 hours prior to an appointment, I will forfeit that lesson and fee. If at any time I wish to terminate your package of lessons or day training, I understand that a refund of 50% of any unused services will be refunded back to me upon receipt by GK9 of a written request. No refunds will be given for services already rendered. Private Lesson Packages must be used within 8 months of purchase date. Group Class Packages: No refunds. No make-ups. If I plan on missing a group class, I will notify GK9, and plan to resume classes starting the next class if applicable. Board & Trains: If I wish to cancel a Board & Train Program prior to the start date, I will receive a full refund of my deposit if written notice is given 3 or more weeks prior to the planned start date. I will receive a 50% refund of my deposit if notice is given between 2 and 3 weeks in advance. I will lose my full deposit if notice of cancellation is given within 2 weeks of the planned start date. Location of Training: Training Services in a wide variety of different locations. While my dog(s) is in GK9's care, you may train my dog(s) at GK9's Facility at 20900 Frontage Road, Belgrade, Montana 59714, private residences in or near Bozeman, out and about in the Bozeman and surrounding areas, or sometimes, with my agreement, elsewhere in Montana, or out of state. Equipment: By signing below I acknowledge that TWP utilizes a wide variety of training tools, including, without limitation: food treats, toy rewards, long lines, bungee lines, harnesses, treadmills, head halters, slip leashes, Starmark Collars, prong collars, and remote electrical collars. No dog is going to utilize each of these pieces of equipment, but these are examples of the tools in GK9's toolbox. By signing hereunder, I am contracting for my dog(s) and myself to learn how properly to use whatever tools TWP deems suitable for me, my dog(s), and my goals. Payment I hereby agree that payment shall be made in full at or prior to enrollment for all Training Services, unless otherwise arranged with, and agreed in writing by, GK9. If approved by GK9, Board & Trains require a minimum 50% deposit at the time of enrollment, with the balance due at pickup. Personal Checks, which are returned for any reason, will incur a $60 fee. Credit Cards accepted: Visa, Mastercard, American Express, and Discover. I understand that GK9 mainly uses GINGR, but may also use PayPal, Venmo, and Square. Consent I hereby consent to my dog(s) being the subject of photographs and/or audiovisual recording(s) and hereby authorize GK9 to cause the same to be exhibited for educational or marketing purposes as still photographs, transparencies, motion pictures, television, video, podcasts, or other similar media. I hereby release GK9 and its employees and contractors from any and all claims for damages for libel, slander, invasion of privacy, breach of copyright, or any other claim based on the use of the above-described material(s). Miscellaneous Every provision herein shall be severable. If any clause, sentence, paragraph, provision or other part hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, which remainder shall continue in full force and effect. This Waiver of Liability & Informed Consent Release is being delivered, and shall be construed, in accordance with the laws of the State of Montana, without regard to principles of conflict of laws. Whenever the context may require, any pronoun used herein shall include the corresponding masculine, feminine and neuter forms and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. Should any ambiguity arise regarding any of the terms or conditions of this Waiver of Liability & Informed Consent Release, such ambiguity shall not be construed for or against any party hereto on the basis that such party did or did not author the same.
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