SERVICES AGREEMENT FOR DAY TRAINING
When purchasing a day training package or session, you will be asked whether you understand and agree to the following services agreement. Please make sure you carefully read this entire agreement before checking the appropriate box during the registration process. If you have any questions first, or would like to receive a PDF copy of these terms, please email email@example.com.
In consideration for utilizing the dog training services of Sky's the Limit Animal Training and Behavior, LLC, an Indiana limited liability company ("Sky's the Limit"), you agree to all of the following terms for day training in relation to the dog you identified during the registration process (the "Dog"). By accepting these terms during the registration process, you agree that you are knowingly and voluntarily entering into a valid agreement with Sky's the Limit, and you intend and agree to be bound by all of these terms.
Sky's the Limit agrees to provide private dog training services to you at your home or another agreed upon location, on dates and at times agreed upon by you and Sky's the Limit from time to time. During day training practice sessions, Sky's the Limit will perform direct training exercises with the Dog. During transfer sessions, Sky's the Limit will coach you in dog training and behavior skills.
You agree to pay Sky's the Limit the following fees for any package or session that you elect.
$390 for a package of 4 practice sessions + 1 transfer session
$580 for a package of 6 practice sessions + 1 transfer session
$770 for a package of 8 practice sessions + 1 transfer session
$960 for a package of 10 practice sessions + 1 transfer session
$___ for each add-on practice session
$___ for each add-on transfer session
$10 travel fee per visit outside of Marion and Hamilton counties (_______, _______, _______, and ______ counties)
Payment is due in advance at the time of booking any package or session. Fees are subject to change without notice at any time prior to purchase. Current fees are described on Sky's the Limit's website.
All purchases are non-refundable and non-transferable. All sessions in a package of 4 must be completed within 30 days from the date the package is purchased. All sessions in a package of 6 or more must be completed within 90 days from the date the package is purchased. Expired sessions that are not used in these timeframes are deemed to be forfeited, and are non-refundable and non-transferable.
You may reschedule any session by notifying Sky's the Limit at least 48 hours before the date and time of the scheduled appointment. If you notify Sky's the Limit with less than 48 hours advance notice, or if you or the Dog (as applicable) is not present at the scheduled time, the session is deemed to be forfeited and is not refundable. In the case of a package, the forfeited session will count as one session for that package.
4. CLIENT'S REPRESENTATIONS
You represent and affirm that:
You are at least 18 years old and competent to agree to be bound by the terms of this agreement.
You are the lawful owner of the Dog, or a custodian otherwise responsible for the Dog's care.
The Dog is under the care of a licensed veterinarian and has had a wellness exam within the last 12 months.
The Dog is up-to-date on rabies vaccinations as required by law.
The Dog is in good health and in a physical condition acceptable to you for the purposes of participating in the training exercises being taught.
All of the information you provided to Sky's the Limit during the intake and registration process concerning you, the Dog and your household, is true, complete and correct in all respects.
5. EQUIPMENT & TECHNIQUES
You understand and acknowledge that Sky's the Limit is dedicated to humane, science-based training principles that focus on positive reinforcement and strengthening the human-dog relationship, and will not use or condone training techniques or equipment that rely on force, fear, pain or intimidation. You agree not to use any such training techniques or equipment during any session with Sky's the Limit, including, but not limited to, hitting, striking, pinning, kicking, leash-jerking, spraying, shouting, shake cans, choke collars, prong or pinch collars, shock or "e" collars, anti-bark collars, and citronella collars.
You understand, acknowledge and agree that Sky's the Limit may terminate any session if it determines, in its sole discretion, that you or a participating member of your household is not in compliance with the foregoing. Such a session is deemed to be forfeited and is not refundable.
6. DANGEROUS SITUATIONS
You understand, acknowledge and agree that Sky's the Limit may terminate any session if it determines, in its sole discretion, that the Dog is dangerous or poses a risk of injury to any person or animal. Alternatively, Sky's the Limit may, in its sole discretion, complete the session with only you, if you are able to safely and humanely relocate the Dog to a separate area that will ensure safety.
In consideration for utilizing Sky's the Limit's in-person services, you understand and agree to comply with the following COVID-19 policies for all in-person sessions:
In-person sessions will be held outdoors whenever weather permits.
In-person sessions may be held indoors or outdoors, subject to the following face mask policy.
Properly fitting face masks must be worn at all times during all indoor transfer sessions and all indoor practice sessions with the Dog when any person is present. During outdoor sessions, face masks are not required, but are welcome.
The face mask policy applies to all household members, regardless of age or vaccine status.
You understand, acknowledge and agree that Sky's the Limit may terminate any session if it determines, in its sole discretion, that you or a participating member of your household is not in compliance with any of these COVID-19 policies. Such a session is deemed to be forfeited and is not refundable.
8. YOUR PREMISES
You specifically authorize Sky's the Limit to enter your premises at the address provided during the registration process during the agreed upon days and times to perform the day training services, which in the case of practice sessions with the Dog may occur when you are not present.
You specifically authorize Sky's the Limit to take the Dog off the premises during any practice session where Sky's the Limit determines, in its sole discretion, that practicing with the Dog off the premises is appropriate. You may withdraw or revise this authorization at any time by notifying Sky's the Limit in writing.
9. EMERGENCY MEDICAL CARE
In the case of a medical emergency, you specifically authorize Sky's the Limit to seek emergency medical care with, and to transport the Dog to, the veterinarian you identified during the registration process. In the event that the veterinarian you identified during the registration process is not available, or more immediate care is required, Sky's the Limit may determine an alternative veterinarian in its sole discretion. You agree to reimburse Sky's the Limit for all costs associated with seeking emergency medical care for the Dog. You may withdraw or revise this authorization at any time by notifying Sky's the Limit in writing with alternative instructions for emergency medical care.
10. NO GUARANTEE OF RESULTS
You understand and acknowledge that training is an ongoing commitment for the entire course of the Dog's life, and that active involvement and commitment by you and all members of your household is critical to the success of the Dog's training. Sky's the Limit will make every reasonable effort to help you achieve your training goals for the Dog. You understand and agree, however, that Sky's the Limit makes no guarantee, promise, or representation, express or implied, about the Dog's performance or that your desired results will be achieved. You agree that all fees paid to Sky's the Limit are fully-earned and non-refundable, and are in no respects contingent on your level of satisfaction with the results.
11. PHOTO & VIDEO RELEASE
In consideration for utilizing Sky's the Limit's dog training services, you grant Sky's the Limit permission to RECORD, FILM, PHOTOGRAPH or otherwise capture in any media your likeness and images of your Dog during any session, and to edit, publish, distribute and make use of such recordings or photographs for any lawful purpose, including, for example, website content, social media, printed materials, marketing and advertising. You agree that you will make no monetary or other claim against Sky's the Limit for the use of your likeness and images of the Dog in such recordings and/or photographs.
12. LIABILITY WAIVER & INDEMNIFICATION
You recognize that there are inherent risks associated with dogs and dog training that may result in injury or damage to you, another person (including a minor child), the Dog, another animal or other property. Examples may include, but are not limited to, bites, punctures, lacerations, scratches, musculoskeletal injuries, parasite infection, ripping of clothing, soiling, vomiting, diarrhea, ingestion of non-food items and others. Due to the unpredictable nature of dogs and dog behavior, you understand that these risks are attendant to dog training and cannot be eliminated. You understand that Sky's the Limit cannot protect you, the Dog, or any other person or animal, against the risk of potential bodily injury, death or property damage while utilizing Sky's the Limit's dog training services or participating in related activities. You acknowledge that these services are of such value to you that you VOLUNTARILY AND KNOWINGLY ACCEPT AND ASSUME THE ENTIRE RISK associated with utilizing Sky's the Limit's dog training services.
In consideration for utilizing Sky's the Limit's dog training services, you, on behalf of yourself, your heirs, spouse, next of kin, executors, personal representatives, successors and assigns, irrevocably and unconditionally RELEASE, WAIVE AND FOREVER DISCHARGE Sky's the Limit and all of Sky's the Limit's members, employees, agents and representatives from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the services provided by Sky's the Limit or the Dog's behavior, including any resulting from the negligent acts or omissions by Sky's the Limit or any of Sky's the Limit's members, employees, agents or representatives.
You further agree to HOLD HARMLESS, INDEMNIFY AND DEFEND Sky's the Limit and all of Sky's the Limit's members, employees, agents and representatives from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the services provided by Sky's the Limit or the Dog's behavior, including any resulting from the negligent acts or omissions by Sky's the Limit or any of Sky's the Limit's members, employees, agents or representatives, and including claims made by you, members of your family, any other person living in your home, your guests, any person present for or participating in dog training activities, or any third party.
Section headings are for reference purposes only and will not affect the meaning or interpretation of this agreement. References to "the Dog" or "your dog" in the singular also include the plural where the dog training services being rendered are in relation to more than one dog.
If any provision in this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
This agreement is governed by the laws of the State of Indiana. You agree that the exclusive jurisdiction and venue for any litigation, action or proceeding arising from or relating to this agreement will be in the state courts located in Marion County, Indiana. You expressly waive any right to contest personal jurisdiction, venue or inconvenient forum for any reason whatsoever.