For good and valuable consideration, the parties agree as follows:
Health/Medical: Upon request, Clients shall provide documentation of up-to-date vaccinations including Rabies, DHLPP/DAPV, in addition to any other vaccinations locally required depending on the age of Dog. Dog must be free of and show no symptoms of fleas/ticks, other parasites, disease, and infection (including but not limited to Coughing, Sneezing, Vomiting, Diarrhea, Giardia, Coccidia, Roundworm, Hookworm, Ringworm, Mange, Parvo, Heartworm, Ticks, Distemper, Ear Infections, Skin infections, untreated Wounds, Limping). Client agrees that if at any time Trainer deems that Dog needs urgent veterinary care, Dog shall immediately be removed from training. Rescheduling will be accomodated to the best of Trainer's ability based on current availability for same or similar class type in the form Client first booked, no refunds for dismissal of dog due to dog's ill health or parasites, known, unknown, or discovered during training.
Fees: In-Person Training Provider agrees to provide a private or group training class (with a maximum of four (4) dogs) for Dog at your private home or at any off-site space located in or within 5 miles of Taos, NM 87571. Virtual and In-Person Training Provider agrees to provide training that includes but is not limited to basic cues, games, training exercises, and problem behavior solutions and/or prevention, according to the training service purchased. All training fees to be paid prior to the start of class, upon sign up, in order to reserve a spot in the class, workshop, or on Trainer's calendar.
Missed Sessions/Incomplete Training Packages: Client may reschedule up to 2 missed sessions within sixty (60) days of the missed session by contacting Jen (Trainer) via text or email to arrange participation in another scheduled class currently offering the same type of class or similar class as the missed session.If Client originally booked Online/Virtual Training, the rescheduled class will also be Online/Virtual. If Client booked In-Person Training, rescheduled classes will also be In-Person dependent on class type and Trainer availability. If Client chooses not to wait for In-Person availiability, Client can choose to accept Online/Virtual for make up classes. Refunds will not be given for missed sessions or incomplete packages. Credit for value of incomplete package issued toward Training with Jen Havens/The Real Life Dog only, if scheduled within sixty (60) days of last complete session. Must be used for equal or lesser value.
Removal from Training: At Training Provider's sole election, Training Provider may remove Dog and/or Dog Owner/Dog Handler from the class if the Training Provider believes Dog, Dog Owner, Dog Handler poses a hazard or threat of any nature to any other animal, person, or property. If Dog is removed from class, Client may reschedule the missed session within thirty (30) days of the date of removal from session upon providing proof that Dog no longer poses a hazard or threat. No refund will be issued if Dog is removed from class, but the remaining balance may be applied towards Private In-Person or Virtual Training sessions for Dog, or the remaining balance may be applied to another dog owned by Client or their immediate family only if the new dog is handled by Client. Or remaining credit can be applied to a current training related membership offered by the Training Provider. This is to ensure that the Client continues to gain training knowledge and experience in order to apply the education shared by Training Provider to Dog at home. If Dog Owner or Dog Handler is asked to remove themselves from a session or workshop, there will be no credit or refund issued.
Satisfaction Guarantee: Training Provider will make every reasonable effort to teach Client and Dog the skills client has indicated they'd like to learn on the training request form or sign up form, however, Training Provider does not make any guarantee of Dog's future performance or behavior as a result of providing training or consultation. It is the Client's duty to practice and reinforce the cues/behaviors taught with Dog and provide discussed environmental management in hopes of preventing the practice of undesirable behaviors, as recommended by the Training Provider. Client understands that without practicing and reinforcing behaviors, they will naturally become less reliable over time. If Client is unsatisfied upon the completion of the course/workshop, Client may repeat the entire course (or similar course if original course is no longer offered) one time free of charge within thirty (30) days of the last completed session. In the case of In-Person Training, if Client or Trainer's schedules are not in alignment and all efforts have been exhausted to accomodate Client, Trainer will credit Online/Virtual or In-Person Training, equal value to the originally booked class or workshop.
Termination: Training Provider reserves the right to terminate this Agreement at any time and Training Provider will refund the remaining balance of Client's unused sessions, if applicable, without any further liability or obligation. If Client was terminated by Training Provider due to mistreatment, harassment, or threat of mistreatment or harassment of any human, animal, or property, there will be no refund. No exceptions. Upon termination in accordance with the foregoing, Training Provider's duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.
Liability: Training Provider agrees to exercise due and reasonable care of Dog. However, Training Provider is not liable for loss or damage from disease, death, escape, theft, fire and injury to person(s), other animal(s) or property by Dog during or after the term of this Agreement. Client agrees to pay resulting losses and damages suffered or incurred and to defend and indemnify Training Provider, its team members, interns, volunteers, rented properties, landlord's of rented properties, and agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees. This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties and expresses the entire agreement between Client and Training Providers regarding the matters described above. The parties confirm that, except for that which is specifically written in this Agreement, no promises, representations or understandings have been made with regard to Dog or anything else. Client acknowledges that Training Provider has not represented, promised, guaranteed or warranted that Dog will never bite, that Dog will not be dangerous or vicious in the future, that Dog will not exhibit other undesirable or dangerous behaviors, or that the results of training will last for any particular amount of time. This agreement may be amended only in writing signed by both Client and Training Provider. In the event a dispute shall arise between the two parties to this Agreement, it is hereby agreed that the dispute shall be referred to the American Arbitration Association ("AAA") The site of the hearing shall be in or as close as possible to Taos, NM for arbitration in accordance with the AAA rules and Procedures. The arbitrator's decision shall be final and legally binding and judgement may be entered thereon. Each party will bear its own costs and expenses and attorney's fees.