Ancillary K9, LLC. SERVICE AGREEMENT
This Services Agreement (“Agreement”) is entered into by and between Ancillary K9, a Colorado limited liability company, with offices located at 1350 N Grant St., #520, Denver, CO 80203 (“Company”) and the Owner of the Dog (“Client”).
WHEREAS, Client represents that he/she is the legal owner of the Dog(s) described above;
WHEREAS, Company has the capability and capacity to provide Client and his/her/their dog (“Dog”), dog training support to teach Dog and Client the basic disciplines required to promote manageable behavior, stop or prevent unwanted behavior (e.g., destructive chewing, jumping, resource guarding, and aggression), and to enhance the dog's receptiveness to future training, including one or more obedience training programs (the “Services”); and
WHEREAS, Client desires to retain Company to provide one or more of the Services under the terms and conditions hereinafter set forth, and Company is willing to perform such services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client (hereinafter, collectively, the “Parties”, or each, individually, a “Party”) agree as follows:
1. The Services.
1.1 Company shall provide to Client the one or more of the following Services:
1.1.1 Obedience training, including basic on-leash training and/or off-leash training
1.1.2 Personal protection training
1.1.3 Scent work (tracking) training
1.1.4 Behavioral problem solving
1.1.5 Aggressive dog rehabilitation
1.2 Additional services not listed here shall be deemed accepted and incorporated into this Agreement only if approved by Company and Client in writing.
2. Consideration.
2.1 In exchange for the Services, Client agrees to a certain sum described in Schedule 1, payable as set forth in section 2.2. (“Payment Terms”).
2.2 Payment: Client agrees to pay for any selected program in full at the end of the first training session. Client understands that part of their payment covers the first training session with the Company. If Client is receiving additional services after the completion of one of the initial programs then payment is due in full at the time Client selects additional services. Client understands and has read the Service Agreement and agrees that once payment is made no refunds will be given.
2.2.1 Payment Form: Company accepts credit, debit, Venmo, PayPal, cash, personal checks, and Square Inc., Financing. In the event a check comes back due to insufficient funds, a service charge of $25 will be assessed to the Client.
2.2.2 Financing: Client may sign-up for financing using Square Inc. to pay for any Company services. Client agrees that Square Inc. will pay Company directly for services rendered to Client. Client agrees to be responsible for any and all payments required by Square Inc. Client agrees to indemnify and hold harmless Company for any claims that may arise from non-payment.
2.3 Except as set forth below in Section 3 Cancellations; No Refunds, the Payment made for the Services is NON-REFUNDABLE.
3. CANCELLATIONS; NO REFUNDS.
3.1 Sessions purchased under the Services are available on a first-come, first-served basis. Twenty-four (“24”) hour notice by phone or email is required to reschedule a session, otherwise all credit will be lost for that session. Client shall be considered a “no-show,” the remaining time in the session cancelled, and Client charged in full for the session if Client is more than fifteen (“15”) minutes late for the session.
SESSIONS PURCHASED ARE NOT REFUNDABLE/RETURNABLE/TRANSFERABLE FOR ANY REASON. At least one session must be used every thirty (“30”) days. If no sessions are used within any given thirty (“30”) day period, then ALL unused sessions will expire and NO credit or refunds will be given for unused sessions.
3.2 If Dog is no longer living and there are remaining sessions, Company may allow Client to transfer sessions to another Dog within one year of the original purchase date of the training program.
3.3 If Client or Dog is injured, has an accident, is hospitalized, or suffers from an illness, Company may allow the Client to put the sessions on a one-time hold for up to six months from the date of the last completed session. If Client is the party that is unavailable, Company may allow for Client to substitute a family member or a friend to complete the sessions.
3.4 If there are no trainers to complete sessions do to death or illness and Company is unable to complete sessions with Client, then Client will be refunded for any remaining unused sessions provided they are in compliance with section 3.1 above and have completed a session within the required thirty (“30”) days.
4. Representations; Client.
4.1 Client affirms that Dog is current on all commonly recommended vaccines, including rabies, distemper and parvovirus, and does not currently have any infectious diseases, illness, or parasites.
4.2 Client affirms that he/she understands that the Services require Client to be “hands-on” and are only effective if Client is present with Dog to receive an education on how to handle and train Dog.
4.3 Client understands that in order for training to be effective, he/she and members of Client’s household must follow Company’s instructions without modification, work with Dog daily as recommended, and constantly reinforce training given to Dog.
4.4 Client affirms and agrees to maintain Dog’s training after the training program is complete and understands that because the training of a dog is a fluid process, not fully in the control of any party, there are no guarantees of any specific result, and there will be no refunds for this training.
4.5 Client understands and affirms that the following factors could have an effect on the success of the training: the future health of Dog, the frequency and effectiveness of training reinforcement (practice), and how well Client takes direction and uses the training techniques taught. Client understands and agrees that genetics and environmental history (e.g. past experiences, lack of training, temperament, nutrition, health, etc.) may also affect Dog’s behavior and the results of training.
4.6 Client affirms and understands 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 under the Services will last for any particular amount of time. There is no guarantee on housebreaking, problem solving, aggressive behavior modification, or protection training. Client understands that Company is not responsible for any unintentional errors, omissions, or incorrect assertions.
4.7 Client understands that at any time they may end a session should they feel that they or the Dog is unable to continue with the session for whatever reason. Client understands that no credit or refund will be given for the session being terminated early.
4.8 Client understands that certain equipment may be required for the training sessions. The Company may recommend equipment such as leashes, collars, muzzles, etc. Some recommendations may be based on the particular training needs of the Dog and that while not required to purchase the recommended equipment it is encouraged for effective training results. Client understands that the recommendation of any product or service is not a guarantee of satisfaction with that product or service.
4.9 Client understands and agrees that certain training equipment/tools may be used by the Company in the course of training sessions, including but not limited to the use of prong or pinch collars, electric training or “shock” collars, slip collars or “choke” collars, muzzles, etc. Equipment/tool use may be based on the particular training needs of the Dog and Client understands that the Company’s use of any equipment/tool is not a guarantee of the equipment/tool itself and Company is not responsible for any issues or injuries that may arise in using the equipment/tools.
5. Representations; Company.
5.1 Company affirms that the Services will be handled by Company, and that Company will assign only qualified, legally authorized Company representatives to assist Client and to provide the Services. Company affirms that it will comply with all applicable laws and regulations in providing the Services. Company affirms it will train Client and Dog in a reasonable manner consistent with balanced training principles.
5.2 Company agrees to provide a Lifetime Support Guarantee (“Guarantee”) to Client at no charge if dog regresses from Company’s obedience programs. Support consists of phone and email support. The Guarantee does not include free retraining, but retraining may be provided by upon Company’s discretion. The Services and included sessions must be completed within ninety (“90”) days of signing this agreement or the Guarantee is void.
5.3 If at any time during the training session the Company reasonably believes that the dog is ill, abused, exhibiting aggressive, fearful, compulsive, anxious, phobic, or any behaviors that may interfere or endanger the health and safety of any participants or bystanders, including the Dog, Company may unilaterally terminate any training session. No refunds or credits will be given for terminated sessions.
5.4 If a trainer needs to cancel a class for inclement weather or trainer absence, then Client should schedule a make-up class using Company’s online scheduling system. Client will not be charged for the session due to Company cancellation.
5.5 Company will determine the location of the training sessions. Sessions are primarily private but at the Company’s discretion may have other dogs or people present for training purposes.
6. Intellectual Property; Media Release.
6.1 Company owns and Client assigns entire right, title, and interest in any technique, process, or improvement, whether patentable or not, hereafter made or conceived solely or jointly by Company while working for or on behalf of Owner, which relates to, is suggested by, or results from matters set forth in any active Scope of Work.
6.2 All writings or works of authorship, including all marketing work or documentation, produced or authored by Company in the course of performing services for Client, together with any associated copyrights, are solely the property of Company, and this Agreement shall constitute an irrevocable assignment by Client to Company of the ownership of and all rights of copyright in, such items, and Company shall have the right to obtain and hold in its own name, rights of copyright, copyright registrations, and similar protections which may be available in the works. Client shall give Company or its designees all assistance reasonably required to perfect such rights.
6.3 If for any reason, including incapacity, Company is unable to secure Client’s signature on any document needed to apply for, perfect, or otherwise acquire title to the intellectual property rights granted to it under this Section 6, or to enforce such rights, Client hereby designates Company as Client’s attorney-in-fact and agent, solely and exclusively to act for and on Client’s behalf to execute and file such documents with the same legal force and effect as if executed by Client and for no other purpose.
6.4 Client consents to being recorded or photographed in or around Client’s participation with the Services offered to Client by Company. Client acknowledges and agrees that Company owns the exclusive rights to any such videography, photography, or audio recordings (“Media”), and that Company may use such Media, including Client’s name, likeness, or image, and/or the name, likeness, or image of Dog, for marketing and training purposes, in or around the marketing, promotion, or sale of any product or service of Company or in or around any other media regarding Company without any additional compensation or payment to Client. If Client does not consent to Media being taken or used, Client must notify Company in writing before Client’s participation in the Services.
6.5 Client grants permission for Company to use any Media that Client sends to Company including Client’s name, likeness, or image, and/or the name, likeness, or image of Dog, for marketing and training purposes, in or around the marketing, promotion, or sale of any product or service of Company or in or around any other media regarding Company without any additional compensation or payment to Client. If Client does not consent to Media being taken or used, Client must notify Company in writing before Client’s participation in the Services.
6.6 Client agrees not to take any pictures, videos or in any way record training sessions without the consent of the Company. Any pictures, videos, recordings or other media that the Company has granted the Client to take may not be disclosed or shared to any other parties, including any online or social media, without the written consent of the Company. Company may request that Client remove any pictures, videos, recordings or media that they may have posted online or to social media, or anywhere else, written, printed, etc. Client understands that training techniques are Confidential and are not to be disclosed to anyone without the written consent of the Company.
7. Confidentiality. All non-public, confidential, or proprietary information of Company, including, but not limited to, any trade secrets as defined under either the Colorado Uniform Trade Secrets Act or the federal Defend Trade Secrets Act, specifications, documents, data, business operations, customer lists, pricing, discounts, or rebates disclosed by Company to Client, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential,” in connection with this Agreement is confidential, solely for Company’s use in performing this Agreement and may not be disclosed or copied unless authorized by Company in writing. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Client’s breach of this Agreement; (b) is obtained by Company on a non-confidential basis from a third-party that was not legally or contractually restricted from disclosing such information; (c) Client establishes by documentary evidence, was in Client’s possession prior to Company’s disclosure hereunder; or (d) was or is independently developed by Client without using any Confidential Information. Upon Company’s request, Client shall promptly return all documents and other materials received from Company. Company shall be entitled to injunctive relief and any other damages or relief under the law or in equity, for any violation of this Section.
8. Disclaimers; Indemnification; Assumption of Risk; Medical Care.
8.1 Client agrees that Company will not be liable for any damage or loss resulting from Dog's failure to respond to any command(s) or behavior modification for which Company has trained the dog. Client is responsible for Dog’s actions at all time and agrees to hold Company harmless from any and all such claims. Client shall indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by Indemnified Party or awarded against Indemnified Party in a final non-appealable judgment (collectively, “Losses”), relating to/arising out of or resulting from any claim of a third party or client rising out of or occurring in connection with Company’s negligence, willful misconduct, or breach of this Agreement. Owner shall not enter into any settlement without Company’s or Indemnified Party’s prior written consent.
8.2 All behavioral advice and training are provided at the Client’s own risk. Use of this information is voluntary and Company, and its owner(s), employee(s), or agent(s) are not responsible for injury to another human or animal. The client is at all times responsible for the actions of their dog. Company and its owner(s), employee(s), or agent(s) are not responsible for any injuries or expenses resulting from socialization, training, or work with other Dogs and individuals. Dogs participating in physical exercises may be injured by running, jumping, chasing a ball, etc. Client hereby indemnifies and holds harmless Client, and its owner(s), employee(s), or agent(s) for any and all such injury.
Client acknowledges that at location deemed appropriate by Company, and the animals, guests, items and activities thereon, pose dangers to people and animals. Such dangers include, by way of example and not limitation, animals that can bite, trip, knock down, and fight, indoor and outdoor surfaces that may be slippery, or uneven, equipment that can trip, Clients, guests and or bystanders who cannot control their dogs, and activities involving Dog, other dogs, including Company owned dogs, that can result in injury from bites or other causes. The Client, on behalf of him/her/their, his/her spouse/partner and minor children, and anyone else whom Client brings to training sessions locations deemed appropriate by Company, assumes the risk of injuries, losses, damages, costs and expenses by any means above described, and other injuries, losses, damages, costs and expenses of every possible cause and description, and agrees to hold harmless and release Company, and its owner(s), employee(s), or agent(s)for any resulting injuries, losses, damages, costs or expenses.
Client assumes the risk, should the Dog be injured in any manner, including fight or altercation with another dog or animal, or accident, or if they get fleas, ticks or worms, contract any illness or disease, are lost or stolen, become pregnant, or engage in any dangerous, vicious or unwanted behavior, during or after the term of the Agreement, or at any location deemed appropriate by Company for training sessions. Client agrees to hold harmless and release Company and its owner(s), employee(s), or agent(s)for any resulting injuries, losses, damages, costs or expenses.
8.3 Many of the dogs trained by Company have been through multiple trainers and/or training programs for extremely aggressive behavior and may be euthanized or surrendered if Company cannot help Client resolve the problem behavior. As such, Company will sometimes need to use significantly higher levels of compulsion than would otherwise be used on the average dog requiring basic obedience training. With such high levels of compulsion, there is a possible risk of injury to Dog. Client agrees to assume the risk of such injury. Also, 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 shall not be held responsible for any resulting injuries, losses, damages, costs or expenses. The Company may need to administer and seek First Aid and resuscitative care for Dog as determined appropriate by the Company. Client agrees to indemnify and hold harmless Company for any and all results thereof.
8.4 If in the judgment of the Company, it is decided that the Dog requires medical care, Client agrees to be solely responsible for the medical care and payment of all medical bills for the Dog. Client releases, and holds harmless, the following: the Company, its officers, members, managers, agents and employees of and from any and all responsibility for, or claims, damages, or debts arising out of or related to such medical care, including, but not limited to, transportation to/from the veterinarian clinic and choice of veterinarian or animal hospital.
9. Termination and Survival.
9.1 This Agreement shall commence as of the Effective Date on the agreement, and shall continue thereafter until the completion of the Services set forth in Schedule 1 unless sooner terminated pursuant to Section of this Agreement.
9.2 Client, in his/her sole discretion, may terminate this Agreement, in whole or in part, at any time with or without cause, and without liability except for required nonrefundable Payment, prior to the termination date, by providing at least five (“5”) days’ prior written notice of the termination date to Company. Client however understands that in no event will Client be reimbursed for any unused portion of the Payment or the Services, and by terminating the Agreement, he/she is forfeiting the Payment and the outstanding Services to be performed by Company.
9.3 Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”). Defaulting party will have five (“5”) days after receipt of written notice of the breach to cure. If the Defaulting Party is incapable of cure, or materially breaches this Agreement then this agreement shall terminate. Client however understands that in no event will Client be reimbursed for any unused portion of the Payment or the Services, and by terminating the Agreement, he/she is forfeiting the Payment and the outstanding Services to be performed by Company.
9.4 The rights and obligations of the Parties set forth in this Section 9, and Section 8, and Section 7, and any right or obligation of the Parties in this Agreement, will survive any such termination or expiration of this Agreement, and with respect to Confidential Information that constitutes a trade secret under applicable law, the rights and obligations set forth in Section 7 hereof will survive such termination or expiration of this Agreement until, if ever, such Confidential Information loses its trade secret protection other than due to an act or omission of Company or its affiliates and its employees, officers, directors, shareholders, partners, members, managers, agents, independent contractors, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.
10. Entire Agreement. This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The Agreement may not be changed except by a written agreement signed by both Company and Client. 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 Dog, Company’s services or anything else.
11. Non-disparagement. Client agrees to not disparage or make false or adverse comments or statements (whether written or oral), about Company or any of its directors, officers, executives, employees, agents or other Company representatives (“Related Parties”). Additionally, neither Client nor anyone acting on client’s behalf will publish, post, or otherwise release on Google, Yelp, Facebook, or any other social media, website, online, written or printed material any comments that may be considered derogatory or detrimental to the good business name or reputation of Company or Related Parties. Company may hold Client, or anyone acting on their behalf, liable for any and all damages caused by Client’s comments or statements. Company may request Client to remove, redact, or correct false statements. Company shall be entitled to injunctive relief and any other damages or relief under the law or in equity, for any violation of this Section.
12. Remedies. To the extent a Party is required to seek enforcement of this Agreement or otherwise defend against an unsuccessful claim of breach, the unsuccessful Party shall be liable for all attorney’s fees and costs incurred by the successful party to enforce the provisions of this Agreement.
13. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving.
15. Choice of Law and Forum. This Agreement and all related documents and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Colorado, United States of America, and that any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement shall be brought outside in the courts of Colorado.
16. Notice. Any written notice that is required under this agreement may be given in writing via certified or registered USPS mail, email, or text message. Notice shall be given at the address, email, or phone number provided by the Client and the Company in this agreement.
17. Successors and Assignment. This agreement is binding upon, and inures to the benefit of, the parties and their respective permitted successors and assigns. Client may not assign this agreement to any other person or business without the written consent of the Company.
18. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
SCHEDULE 1
Payment Terms: Packages
Four Lesson Program - $1,799
Six Lesson Program - $1,999
Eight Lesson Program - $2,299
Additional Services and Products
90-Minute Private Lesson - $499
60-Minute In-Person Consultation - $399
Additional training sessions purchased after the completion of one of the packages above receives a 50% discount off of current pricing.
Payment terms are incorporated into the Ancillary K9, LLC’s (“Company”) Service Agreement.
NOTICE TO CLIENT: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT ENTIRELY. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND THAT IF NECESSARY, YOU HAVE SOUGHT LEGAL ADVICE TO UNDERSTAND THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING BELOW:
CLIENT HAS READ THE ABOVE AND AGREES TO ITS TERMS.
COMPANY: Ancillary K9, LLC.
By: Dion Studinski, Dog Trainer and Owner of Company
E-mail: info@ancillaryk9.com
Web Site: http://www.ancillaryk9.com
Mailing Address: 1350 N Grant St., #520, Denver, CO 80203
WHEREAS, Client represents that he/she is the legal owner of the Dog(s) described above;
WHEREAS, Company has the capability and capacity to provide Client and his/her/their dog (“Dog”), dog training support to teach Dog and Client the basic disciplines required to promote manageable behavior, stop or prevent unwanted behavior (e.g., destructive chewing, jumping, resource guarding, and aggression), and to enhance the dog's receptiveness to future training, including one or more obedience training programs (the “Services”); and
WHEREAS, Client desires to retain Company to provide one or more of the Services under the terms and conditions hereinafter set forth, and Company is willing to perform such services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client (hereinafter, collectively, the “Parties”, or each, individually, a “Party”) agree as follows:
1. The Services.
1.1 Company shall provide to Client the one or more of the following Services:
1.1.1 Obedience training, including basic on-leash training and/or off-leash training
1.1.2 Personal protection training
1.1.3 Scent work (tracking) training
1.1.4 Behavioral problem solving
1.1.5 Aggressive dog rehabilitation
1.2 Additional services not listed here shall be deemed accepted and incorporated into this Agreement only if approved by Company and Client in writing.
2. Consideration.
2.1 In exchange for the Services, Client agrees to a certain sum described in Schedule 1, payable as set forth in section 2.2. (“Payment Terms”).
2.2 Payment: Client agrees to pay for any selected program in full at the end of the first training session. Client understands that part of their payment covers the first training session with the Company. If Client is receiving additional services after the completion of one of the initial programs then payment is due in full at the time Client selects additional services. Client understands and has read the Service Agreement and agrees that once payment is made no refunds will be given.
2.2.1 Payment Form: Company accepts credit, debit, Venmo, PayPal, cash, personal checks, and Square Inc., Financing. In the event a check comes back due to insufficient funds, a service charge of $25 will be assessed to the Client.
2.2.2 Financing: Client may sign-up for financing using Square Inc. to pay for any Company services. Client agrees that Square Inc. will pay Company directly for services rendered to Client. Client agrees to be responsible for any and all payments required by Square Inc. Client agrees to indemnify and hold harmless Company for any claims that may arise from non-payment.
2.3 Except as set forth below in Section 3 Cancellations; No Refunds, the Payment made for the Services is NON-REFUNDABLE.
3. CANCELLATIONS; NO REFUNDS.
3.1 Sessions purchased under the Services are available on a first-come, first-served basis. Twenty-four (“24”) hour notice by phone or email is required to reschedule a session, otherwise all credit will be lost for that session. Client shall be considered a “no-show,” the remaining time in the session cancelled, and Client charged in full for the session if Client is more than fifteen (“15”) minutes late for the session.
SESSIONS PURCHASED ARE NOT REFUNDABLE/RETURNABLE/TRANSFERABLE FOR ANY REASON. At least one session must be used every thirty (“30”) days. If no sessions are used within any given thirty (“30”) day period, then ALL unused sessions will expire and NO credit or refunds will be given for unused sessions.
3.2 If Dog is no longer living and there are remaining sessions, Company may allow Client to transfer sessions to another Dog within one year of the original purchase date of the training program.
3.3 If Client or Dog is injured, has an accident, is hospitalized, or suffers from an illness, Company may allow the Client to put the sessions on a one-time hold for up to six months from the date of the last completed session. If Client is the party that is unavailable, Company may allow for Client to substitute a family member or a friend to complete the sessions.
3.4 If there are no trainers to complete sessions do to death or illness and Company is unable to complete sessions with Client, then Client will be refunded for any remaining unused sessions provided they are in compliance with section 3.1 above and have completed a session within the required thirty (“30”) days.
4. Representations; Client.
4.1 Client affirms that Dog is current on all commonly recommended vaccines, including rabies, distemper and parvovirus, and does not currently have any infectious diseases, illness, or parasites.
4.2 Client affirms that he/she understands that the Services require Client to be “hands-on” and are only effective if Client is present with Dog to receive an education on how to handle and train Dog.
4.3 Client understands that in order for training to be effective, he/she and members of Client’s household must follow Company’s instructions without modification, work with Dog daily as recommended, and constantly reinforce training given to Dog.
4.4 Client affirms and agrees to maintain Dog’s training after the training program is complete and understands that because the training of a dog is a fluid process, not fully in the control of any party, there are no guarantees of any specific result, and there will be no refunds for this training.
4.5 Client understands and affirms that the following factors could have an effect on the success of the training: the future health of Dog, the frequency and effectiveness of training reinforcement (practice), and how well Client takes direction and uses the training techniques taught. Client understands and agrees that genetics and environmental history (e.g. past experiences, lack of training, temperament, nutrition, health, etc.) may also affect Dog’s behavior and the results of training.
4.6 Client affirms and understands 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 under the Services will last for any particular amount of time. There is no guarantee on housebreaking, problem solving, aggressive behavior modification, or protection training. Client understands that Company is not responsible for any unintentional errors, omissions, or incorrect assertions.
4.7 Client understands that at any time they may end a session should they feel that they or the Dog is unable to continue with the session for whatever reason. Client understands that no credit or refund will be given for the session being terminated early.
4.8 Client understands that certain equipment may be required for the training sessions. The Company may recommend equipment such as leashes, collars, muzzles, etc. Some recommendations may be based on the particular training needs of the Dog and that while not required to purchase the recommended equipment it is encouraged for effective training results. Client understands that the recommendation of any product or service is not a guarantee of satisfaction with that product or service.
4.9 Client understands and agrees that certain training equipment/tools may be used by the Company in the course of training sessions, including but not limited to the use of prong or pinch collars, electric training or “shock” collars, slip collars or “choke” collars, muzzles, etc. Equipment/tool use may be based on the particular training needs of the Dog and Client understands that the Company’s use of any equipment/tool is not a guarantee of the equipment/tool itself and Company is not responsible for any issues or injuries that may arise in using the equipment/tools.
5. Representations; Company.
5.1 Company affirms that the Services will be handled by Company, and that Company will assign only qualified, legally authorized Company representatives to assist Client and to provide the Services. Company affirms that it will comply with all applicable laws and regulations in providing the Services. Company affirms it will train Client and Dog in a reasonable manner consistent with balanced training principles.
5.2 Company agrees to provide a Lifetime Support Guarantee (“Guarantee”) to Client at no charge if dog regresses from Company’s obedience programs. Support consists of phone and email support. The Guarantee does not include free retraining, but retraining may be provided by upon Company’s discretion. The Services and included sessions must be completed within ninety (“90”) days of signing this agreement or the Guarantee is void.
5.3 If at any time during the training session the Company reasonably believes that the dog is ill, abused, exhibiting aggressive, fearful, compulsive, anxious, phobic, or any behaviors that may interfere or endanger the health and safety of any participants or bystanders, including the Dog, Company may unilaterally terminate any training session. No refunds or credits will be given for terminated sessions.
5.4 If a trainer needs to cancel a class for inclement weather or trainer absence, then Client should schedule a make-up class using Company’s online scheduling system. Client will not be charged for the session due to Company cancellation.
5.5 Company will determine the location of the training sessions. Sessions are primarily private but at the Company’s discretion may have other dogs or people present for training purposes.
6. Intellectual Property; Media Release.
6.1 Company owns and Client assigns entire right, title, and interest in any technique, process, or improvement, whether patentable or not, hereafter made or conceived solely or jointly by Company while working for or on behalf of Owner, which relates to, is suggested by, or results from matters set forth in any active Scope of Work.
6.2 All writings or works of authorship, including all marketing work or documentation, produced or authored by Company in the course of performing services for Client, together with any associated copyrights, are solely the property of Company, and this Agreement shall constitute an irrevocable assignment by Client to Company of the ownership of and all rights of copyright in, such items, and Company shall have the right to obtain and hold in its own name, rights of copyright, copyright registrations, and similar protections which may be available in the works. Client shall give Company or its designees all assistance reasonably required to perfect such rights.
6.3 If for any reason, including incapacity, Company is unable to secure Client’s signature on any document needed to apply for, perfect, or otherwise acquire title to the intellectual property rights granted to it under this Section 6, or to enforce such rights, Client hereby designates Company as Client’s attorney-in-fact and agent, solely and exclusively to act for and on Client’s behalf to execute and file such documents with the same legal force and effect as if executed by Client and for no other purpose.
6.4 Client consents to being recorded or photographed in or around Client’s participation with the Services offered to Client by Company. Client acknowledges and agrees that Company owns the exclusive rights to any such videography, photography, or audio recordings (“Media”), and that Company may use such Media, including Client’s name, likeness, or image, and/or the name, likeness, or image of Dog, for marketing and training purposes, in or around the marketing, promotion, or sale of any product or service of Company or in or around any other media regarding Company without any additional compensation or payment to Client. If Client does not consent to Media being taken or used, Client must notify Company in writing before Client’s participation in the Services.
6.5 Client grants permission for Company to use any Media that Client sends to Company including Client’s name, likeness, or image, and/or the name, likeness, or image of Dog, for marketing and training purposes, in or around the marketing, promotion, or sale of any product or service of Company or in or around any other media regarding Company without any additional compensation or payment to Client. If Client does not consent to Media being taken or used, Client must notify Company in writing before Client’s participation in the Services.
6.6 Client agrees not to take any pictures, videos or in any way record training sessions without the consent of the Company. Any pictures, videos, recordings or other media that the Company has granted the Client to take may not be disclosed or shared to any other parties, including any online or social media, without the written consent of the Company. Company may request that Client remove any pictures, videos, recordings or media that they may have posted online or to social media, or anywhere else, written, printed, etc. Client understands that training techniques are Confidential and are not to be disclosed to anyone without the written consent of the Company.
7. Confidentiality. All non-public, confidential, or proprietary information of Company, including, but not limited to, any trade secrets as defined under either the Colorado Uniform Trade Secrets Act or the federal Defend Trade Secrets Act, specifications, documents, data, business operations, customer lists, pricing, discounts, or rebates disclosed by Company to Client, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential,” in connection with this Agreement is confidential, solely for Company’s use in performing this Agreement and may not be disclosed or copied unless authorized by Company in writing. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Client’s breach of this Agreement; (b) is obtained by Company on a non-confidential basis from a third-party that was not legally or contractually restricted from disclosing such information; (c) Client establishes by documentary evidence, was in Client’s possession prior to Company’s disclosure hereunder; or (d) was or is independently developed by Client without using any Confidential Information. Upon Company’s request, Client shall promptly return all documents and other materials received from Company. Company shall be entitled to injunctive relief and any other damages or relief under the law or in equity, for any violation of this Section.
8. Disclaimers; Indemnification; Assumption of Risk; Medical Care.
8.1 Client agrees that Company will not be liable for any damage or loss resulting from Dog's failure to respond to any command(s) or behavior modification for which Company has trained the dog. Client is responsible for Dog’s actions at all time and agrees to hold Company harmless from any and all such claims. Client shall indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by Indemnified Party or awarded against Indemnified Party in a final non-appealable judgment (collectively, “Losses”), relating to/arising out of or resulting from any claim of a third party or client rising out of or occurring in connection with Company’s negligence, willful misconduct, or breach of this Agreement. Owner shall not enter into any settlement without Company’s or Indemnified Party’s prior written consent.
8.2 All behavioral advice and training are provided at the Client’s own risk. Use of this information is voluntary and Company, and its owner(s), employee(s), or agent(s) are not responsible for injury to another human or animal. The client is at all times responsible for the actions of their dog. Company and its owner(s), employee(s), or agent(s) are not responsible for any injuries or expenses resulting from socialization, training, or work with other Dogs and individuals. Dogs participating in physical exercises may be injured by running, jumping, chasing a ball, etc. Client hereby indemnifies and holds harmless Client, and its owner(s), employee(s), or agent(s) for any and all such injury.
Client acknowledges that at location deemed appropriate by Company, and the animals, guests, items and activities thereon, pose dangers to people and animals. Such dangers include, by way of example and not limitation, animals that can bite, trip, knock down, and fight, indoor and outdoor surfaces that may be slippery, or uneven, equipment that can trip, Clients, guests and or bystanders who cannot control their dogs, and activities involving Dog, other dogs, including Company owned dogs, that can result in injury from bites or other causes. The Client, on behalf of him/her/their, his/her spouse/partner and minor children, and anyone else whom Client brings to training sessions locations deemed appropriate by Company, assumes the risk of injuries, losses, damages, costs and expenses by any means above described, and other injuries, losses, damages, costs and expenses of every possible cause and description, and agrees to hold harmless and release Company, and its owner(s), employee(s), or agent(s)for any resulting injuries, losses, damages, costs or expenses.
Client assumes the risk, should the Dog be injured in any manner, including fight or altercation with another dog or animal, or accident, or if they get fleas, ticks or worms, contract any illness or disease, are lost or stolen, become pregnant, or engage in any dangerous, vicious or unwanted behavior, during or after the term of the Agreement, or at any location deemed appropriate by Company for training sessions. Client agrees to hold harmless and release Company and its owner(s), employee(s), or agent(s)for any resulting injuries, losses, damages, costs or expenses.
8.3 Many of the dogs trained by Company have been through multiple trainers and/or training programs for extremely aggressive behavior and may be euthanized or surrendered if Company cannot help Client resolve the problem behavior. As such, Company will sometimes need to use significantly higher levels of compulsion than would otherwise be used on the average dog requiring basic obedience training. With such high levels of compulsion, there is a possible risk of injury to Dog. Client agrees to assume the risk of such injury. Also, 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 shall not be held responsible for any resulting injuries, losses, damages, costs or expenses. The Company may need to administer and seek First Aid and resuscitative care for Dog as determined appropriate by the Company. Client agrees to indemnify and hold harmless Company for any and all results thereof.
8.4 If in the judgment of the Company, it is decided that the Dog requires medical care, Client agrees to be solely responsible for the medical care and payment of all medical bills for the Dog. Client releases, and holds harmless, the following: the Company, its officers, members, managers, agents and employees of and from any and all responsibility for, or claims, damages, or debts arising out of or related to such medical care, including, but not limited to, transportation to/from the veterinarian clinic and choice of veterinarian or animal hospital.
9. Termination and Survival.
9.1 This Agreement shall commence as of the Effective Date on the agreement, and shall continue thereafter until the completion of the Services set forth in Schedule 1 unless sooner terminated pursuant to Section of this Agreement.
9.2 Client, in his/her sole discretion, may terminate this Agreement, in whole or in part, at any time with or without cause, and without liability except for required nonrefundable Payment, prior to the termination date, by providing at least five (“5”) days’ prior written notice of the termination date to Company. Client however understands that in no event will Client be reimbursed for any unused portion of the Payment or the Services, and by terminating the Agreement, he/she is forfeiting the Payment and the outstanding Services to be performed by Company.
9.3 Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”). Defaulting party will have five (“5”) days after receipt of written notice of the breach to cure. If the Defaulting Party is incapable of cure, or materially breaches this Agreement then this agreement shall terminate. Client however understands that in no event will Client be reimbursed for any unused portion of the Payment or the Services, and by terminating the Agreement, he/she is forfeiting the Payment and the outstanding Services to be performed by Company.
9.4 The rights and obligations of the Parties set forth in this Section 9, and Section 8, and Section 7, and any right or obligation of the Parties in this Agreement, will survive any such termination or expiration of this Agreement, and with respect to Confidential Information that constitutes a trade secret under applicable law, the rights and obligations set forth in Section 7 hereof will survive such termination or expiration of this Agreement until, if ever, such Confidential Information loses its trade secret protection other than due to an act or omission of Company or its affiliates and its employees, officers, directors, shareholders, partners, members, managers, agents, independent contractors, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.
10. Entire Agreement. This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The Agreement may not be changed except by a written agreement signed by both Company and Client. 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 Dog, Company’s services or anything else.
11. Non-disparagement. Client agrees to not disparage or make false or adverse comments or statements (whether written or oral), about Company or any of its directors, officers, executives, employees, agents or other Company representatives (“Related Parties”). Additionally, neither Client nor anyone acting on client’s behalf will publish, post, or otherwise release on Google, Yelp, Facebook, or any other social media, website, online, written or printed material any comments that may be considered derogatory or detrimental to the good business name or reputation of Company or Related Parties. Company may hold Client, or anyone acting on their behalf, liable for any and all damages caused by Client’s comments or statements. Company may request Client to remove, redact, or correct false statements. Company shall be entitled to injunctive relief and any other damages or relief under the law or in equity, for any violation of this Section.
12. Remedies. To the extent a Party is required to seek enforcement of this Agreement or otherwise defend against an unsuccessful claim of breach, the unsuccessful Party shall be liable for all attorney’s fees and costs incurred by the successful party to enforce the provisions of this Agreement.
13. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving.
15. Choice of Law and Forum. This Agreement and all related documents and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Colorado, United States of America, and that any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement shall be brought outside in the courts of Colorado.
16. Notice. Any written notice that is required under this agreement may be given in writing via certified or registered USPS mail, email, or text message. Notice shall be given at the address, email, or phone number provided by the Client and the Company in this agreement.
17. Successors and Assignment. This agreement is binding upon, and inures to the benefit of, the parties and their respective permitted successors and assigns. Client may not assign this agreement to any other person or business without the written consent of the Company.
18. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
SCHEDULE 1
Payment Terms: Packages
Four Lesson Program - $1,799
Six Lesson Program - $1,999
Eight Lesson Program - $2,299
Additional Services and Products
90-Minute Private Lesson - $499
60-Minute In-Person Consultation - $399
Additional training sessions purchased after the completion of one of the packages above receives a 50% discount off of current pricing.
Payment terms are incorporated into the Ancillary K9, LLC’s (“Company”) Service Agreement.
NOTICE TO CLIENT: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT ENTIRELY. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND THAT IF NECESSARY, YOU HAVE SOUGHT LEGAL ADVICE TO UNDERSTAND THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING BELOW:
CLIENT HAS READ THE ABOVE AND AGREES TO ITS TERMS.
COMPANY: Ancillary K9, LLC.
By: Dion Studinski, Dog Trainer and Owner of Company
E-mail: info@ancillaryk9.com
Web Site: http://www.ancillaryk9.com
Mailing Address: 1350 N Grant St., #520, Denver, CO 80203
