This agreement is made and entered between the Client and Trainer, Sigrid Herbst of Autumn Canine – Dog Training, both referred to separately as Party and together as Parties. On the basis of mutual understanding and due consideration, the Parties agree to the following
The purpose of this agreement is the provision of the services described herein pertaining to the Client’s dog. The Trainer undertakes to provide the services in a diligent and professional manner, while the Client agrees to act in accordance with the instructions provided by the Trainer and to pay the fee for services rendered by the Trainer.
Client agrees to pay to the Trainer the amount as stipulated for the Package selected by the Client. Payment is to be made in full at the time of booking.
The Client may cancel the lesson with at least 24-hours’ notice, in which case the Client does not owe the service fee for that lesson. If the Client cancels within 24 hours of the lesson, but not immediately before the lesson, the Client is obligated to pay 50% of the Service fee for that lesson. No refund will be provided after the lesson commences or if the lesson cannot commence because of the Client.
The Trainer undertakes to provide private lessons for the Dog and the Client. The lesson will take place at Client’s home or other appropriate place pursuant to the prior agreement between the Parties. The purpose of the training is to adjust the behaviour of the Dog and to teach the Client how to train and work with the Dog. The Client hereby agrees that no training is perfect and that effects of the training can be affected by various factors.
The Trainer will take all appropriate measures to achieve training and behaviour goals but makes no guarantees as to the results. The Client further agrees to take all necessary steps to aid the Trainer and to follow on any instruction or advice provided by the Trainer, especially to work with the Dog daily and to constantly reinforce the training.
The Client further acknowledges that the Dog may be exposed to a variety of environmental conditions which include, but are not limited to, vehicular travel, interaction with people and other animals, exposure to adverse weather, and exposure to areas with crowds and all types of traffic.
The Trainer will provide training equipment or advise the Client on the equipment that is necessary for them to acquire. The Client agrees to use the equipment in accordance with the instructions provided by the Trainer.
The Trainer may take photos and videos of the Dog for use in any media and advertising of Autumn Canine – Dog Training and their affiliates. The Trainer may use such photos and video on any platform including their website, YouTube, Facebook Instagram and other social media.
If Dog causes property damage, or bites or injures any dog, animal or person (including but not limited to Trainer and Trainer’s agents), during or after the term of this Agreement, then the Client agrees to pay all resulting losses and damages suffered or incurred, and to defend and indemnify the Trainer and the Trainer’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees.
If the Dog is injured in a fight or in any other manner during or after the term of the Agreement, the Client assumes the risk and agrees that the Trainer should not be held responsible for any resulting injuries, losses, damages, costs or expenses.
The Trainer is not liable for any damage or injury caused by the Dog, during or after the term of this agreement. The Client agrees to pay for all resulting losses or damages, and to hold harmless and indemnify the Trainer, the Trainer’s agents, employees and affiliates, from any
resulting claims, lawsuits, costs and expenses, including attorney fees.
If during or after the term of this agreement the Dog is injured or harmed, the Client assumes the risk and agrees that the Trainer should not be held responsible for any resulting injuries, losses, damages, costs or expenses. The Trainer is not liable for any damage or injury caused by the equipment during or after the training.
The Client is responsible for destroying or damaging the equipment provided by the Trainer in all cases where such damage cannot be credited to equipment’s regular wear and tear.
At Trainer’s sole election, the Trainer’s duties hereunder shall terminate if (a) in Trainer’s sole judgment Dog is dangerous or vicious to the Trainer 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, Trainer’s duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.
This Agreement is binding upon Client, spouse of Client, and children of Client. This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between the Client and the Trainer 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 the Dog or anything else. Without limiting the generality of the foregoing,
Client acknowledges that Trainer 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 behavioural 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 Trainer.
Term of the Agreement
This agreement is valid until terminated.
This agreement is automatically terminated when the lessons are completed.
This agreement may be terminated in the sole discretion of the Trainer if the Dog is aggressive, dangerous, or otherwise deemed unsuitable for training, or if the Client breaches any part of this agreement.
In case of any dispute the Parties agree to mediate and settle through negotiations and mutual understanding. This Contract for Training Services supersedes all other agreements, written or oral, previously made between Client and Trainer.
I certify that my dog is physically fit and has no medical conditions which may prevent full participation in any of the sessions conducted by the Trainer.
I agree to inform the Trainer by phone or email at least 24hrs before the next session to be conducted if there is any change to my dogs’ health in any way.
I have provided, in writing to the Trainer, full disclosure of any behaviours my dog has that may put said Trainer or anyone else [including other dogs] at risk of injury or harm in any way.
I agree that my participation in sessions conducted by the Trainer will be at the discretion of said Trainer and that I will conduct my behaviour according to the instruction of said Trainer.
I agree that I will not distribute, copy or reproduce any of the written information delivered to me as part of any package provided by Autumn Canine – Dog Training.