This Agreement between_________ (hereinafter referred to as “Client”) and Kimberly Geisert, CPDT-KA, Owner, Benevolent Sun Dogs, LLC (herein known as “Company”):
For good and valuable consideration, the parties agree as follows:
COST OF SERVICES:
a. Client agrees to pay Company a nonrefundable fee for initial consultation (approximate length of duration and amount for each follow-up session) OR
b. Client agrees to pay Company a nonrefundable fee for a package of a number of sessions to be paid before or at first session.
SERVICES:
Company agrees to provide private lessons for Client and Dog on a lesson-by-lesson basis. These lessons will take place at Client's home or at another agreed-upon location, or a combination of both. Company will make every reasonable effort to help Client achieve training and behavior modification goals but makes no guarantee of Dog’s performance or behavior as a result of providing professional animal behavior consultation. Client understands that he/she and members of the household must follow Trainer’s instructions without modification, work with dog daily as recommended, and constantly reinforce training being given to Dog.
RISK ASSUMPTION:
If Dog causes property damage, or bites or injures any dog, animal or person (including but not limited to Company or Company's personal dog or dogs), during or after the term of this Agreement, the Client agrees to pay all resulting losses and damages suffered or incurred, and to defend and indemnify Company and Company’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees. If Dog is injured in a fight or in any other manner during or after the term of the Agreement, Client assumes the risk and agrees that Company should not be held responsible for any resulting injuries, losses, damages, costs or expenses.
CONTRACT LIABILITY COVERAGE:
This Agreement is binding upon Client, spouse/partner of Client, children/relatives of Client, and any visitors/friends of Client who are on the premises during the time of Company's instructional sessions. This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between Client and Company regarding the matters described above. The parties confirm that, except for that which is specifically written in this Agreement, no promises, representations or oral understandings have been made with regard to Client's Dog(s)' behavior, behavior modification, obedience, learning, or skills. Without limiting the generality of the foregoing, Client acknowledges that Company 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 behavioral problems, or that the results of the training will last for any particular amount of time. This Agreement may be amended only by a written instrument signed by both Client and Company.
Cancellation Policy: If Client fails to give at least 24 hours cancellation notice, or is not present at time of scheduled appointment, a cancellation fee will be applied for that session.
TERMINATION:
At Company's sole election, Company's duties hereunder shall terminate if (a) in Company's sole judgment Dog is dangerous or vicious to Company, Company's agent(s), or any other person or animal, or interferes with the training of other dogs, or (b) Client breaches any term or condition of this Agreement. Upon termination in accordance with the foregoing, Company's duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.
RELEASE:
Client agrees to release, waive, discharge, and hold harmless the Company, Company's affiliates, employees, agents or representatives, successors, and assigns from any and all claims or causes of action, without limitation to injuries whether resulting or occurring from travel related to the Company training, with the use of any equipment or facilities of the Company, including Company's vehicles used for transporting Client's dog(s).
SEPARABILITY:
The Parties acknowledge that the clauses in this Agreement are intended to be read and construed as separate from each other. Any invalidity as declared by the court shall invalidate only the said provision. The rest of the remaining provisions shall remain valid and enforceable.
GOVERNING LAW:
This Agreement shall be construed in accordance to the State of Florida, without any regard to its conflicts of laws provision.
VIDEOS AND PHOTOGRAPHS:
Client gives permission for Company/Company's agent(s) to photograph and/or videotape Client's sessions, to be used for marketing and promotional purposes, on Company's website (www.benevolentsundogs.com), and/or on Company's business social media platforms. Client will not hold nor indemnify the Company liable for compensation for the reproduction of Client's image nor the images of Client's dog(s), family members, locale, dwelling, property, or surroundings. Client will notify Company if they do not wish to be photographed or videotaped prior to the initial consultation.
ACKNOWLEDGEMENT:
By signing this Agreement, Client acknowledges that he/she has carefully read this waiver and fully understands the content hereto. Client submits voluntarily and was not threatened, intimidated, or was under in any form of duress, representations or inducement.
Date: ______________
Signed:____Kimberly Geisert (e-sign)_____________________
Kimberly Geisert, CPDT-KA
Benevolent Sun Dogs, LLC