In consideration of the mutual covenants and agreements set out in this agreement, Dusty Paws K9 Dog Training ("Dusty Paws K9," "we," or "us") and the Client ("the Client" or "you") agree as follows for the Client's canine ("the dog" or "your dog") accepted into the Dusty Paws K9 canine training program.
Client acknowledges that upon Dusty Paws K9's acceptance of this application, said document shall act as a valid and enforceable contract pursuant to the Terms and Conditions set forth herein.
1. Intake Form and Continuing Disclosure
You must complete and deliver to us, through our website or directly, the Dusty Paws K9 Intake Form (the "Intake Form") before any services will be provided to you by us. You represent and warrant to us that the information provided by you in the Intake Form is true and accurate. You will promptly disclose to us any changes to the information in the Intake Form and will provide any other information necessary for us to provide the services under this Agreement. In particular, you will:
- Inform us of any bite history (dog or human), medical history, or allergies;
- Disclose all known behavioral issues or fears your dog has;
- Inform us if your dog is not spayed or neutered;
- Inform us when your dog was last treated for fleas and ticks; and
- Provide written proof that your dog is vaccinated against rabies, distemper, and parvovirus.
2. Training Services
You engage us to provide, and we agree to provide, subject to the terms and conditions of this Agreement, for you and the dog(s) specified in the Intake Form, the services mutually agreed to as specified by you upon booking and confirmed by us to you by email or otherwise in writing. This Agreement applies to services we agree to provide to you at the time this Agreement is accepted by you and to services we agree in the future to provide to you. The Parties mutually agree that Dusty Paws K9 shall assign a Dusty Paws K9 Trainer ("Trainer") as the primary trainer for the dog. Each Trainer is a representative of Dusty Paws K9. Dusty Paws K9 reserves the right to substitute a different Trainer, should that become necessary for any reason, who shall also be a Dusty Paws K9 Trainer.
3. Evaluation and Goals
Upon entrance to a training program, a Dusty Paws K9 Trainer and Client will conduct an initial evaluation. The purpose of the evaluation is to create a baseline of training, assess the dog's skill levels, and identify areas needing improvement. Training will focus on the areas identified as unsatisfactory during the initial evaluation. In general, the goals for the dog are:
- To be controllable and polite around other dogs and people;
- To perform obedience upon command; and
- To reduce identifiable bad habits such as chewing, barking, jumping, rushing through doorways, counter-surfing, and begging for food.
4. Maintenance of Goals
The Client recognizes that the training provided by our program will result in a dog that understands the expectations of the given commands and has experience ignoring basic to advanced distractions. For the dog to improve on or maintain the level of training provided, the following must be applied:
- The Client must understand and apply the basic principles of training;
- The Client must use the list of commands used by the Trainer;
- The Client must not interact with the dog in a way that rewards bad behavior and/or punishes good behavior;
- The Client must understand that training is "all-day, every-day." The dog is learning and observing from the moment it wakes;
- The Client must follow the training and management advice given by the Trainer.
5. Expectations & Guarantee
Expectations. The Client understands and agrees that it may not be possible for every dog to achieve all goals. For example, a dog may have a medical condition that prevents it from being reliably housebroken, or the dog's basic temperament may be aggressive by nature and not amenable to behavior modification. Medical conditions such as deafness, blindness, or other physical impairments may interfere with commands. Dogs with medically diagnosed anxiety may need medication to reach their desired goals. Dogs will not be accepted into the program if the Trainer does not reasonably believe the established goals could be achieved.
No Guarantee of Results. You recognize that the role you play in your dog's learning process is integral to achieving desired results. Success in training a dog depends on the interest, commitment, and cooperation of the dog's owner. You acknowledge and agree that there is no guarantee that your dog will achieve the desired level of training, despite the best efforts of Dusty Paws K9.
Guarantee. Dusty Paws K9 does not, nor can it, guarantee successful progress in the dog's behavior and discipline. However, the Client may submit a report to Dusty Paws K9 of the dog's failure to improve within thirty (30) days following the end of a program. In Dusty Paws K9's sole discretion, and upon the Client's showing that it complied with the Maintenance section of this Agreement, Dusty Paws K9 may provide follow-up training sessions at a location to be determined by the Trainer. Dusty Paws K9 reserves sole discretion whether to issue a refund of any amount and may deny such a request if it believes the dog has made progress and/or the Client failed to adhere to the maintenance program.
6. Owner Training
At the conclusion of training or behavior modification, the Trainer will instruct the owner in the basics of training. Instruction will consist of a drop-off or turnover session to show the owner the dog's new skills and to instruct the owner on how to give proper commands and properly reward and correct the dog. Additional follow-up visits may be included as specified in your chosen program. It is strongly recommended that the owner takes advantage of these sessions. Lesson dates and times will be determined with input from the owner.
7. Fees and Payments
Purchase Price. Client agrees to pay the total price for the chosen training program, as defined by Dusty Paws K9. Each Client's total price may vary depending upon the services rendered and the scope of the training and/or program package.
Payment. Client shall pay Dusty Paws K9 a deposit of the chosen program (30% of the total price) within three (3) days of booking. The remainder of the balance will be paid at the inception of the training program. Accepted payment methods and invoicing arrangements will be provided by Dusty Paws K9 at the time of booking. Any returned or failed payment may be subject to an additional fee of no less than $50.00.
Any changes to the training services made at the request of the Client may result in changes in rates or terms set forth in this Agreement. Any such change will be acknowledged in writing by both Parties.
8. Refund & Cancellation Policy
Payments for dog training services are subject to the following refund and cancellation terms: If a Client cancels within twenty-four (24) hours of payment being processed, a refund may be issued minus a one hundred dollar ($100) non-refundable processing fee. This fee reflects payment processing and administrative costs incurred at the time of purchase. After twenty-four (24) hours from payment processing, all sales are non-refundable. Once training services have begun, no refunds will be issued for partially completed services, missed sessions, or early termination. Clients who cancel after the initial twenty-four (24) hour period may request to reschedule services or apply paid funds toward other services offered by Dusty Paws K9, subject to availability. Requests for cancellation due to emergencies may be reviewed at our discretion. Approval of rescheduling or credit is not guaranteed and does not create a right to a refund. Programs must be scheduled and completed within one (1) year of purchase; programs not booked within this timeframe will be forfeited without refund. If a Client elects to use third-party financing or Buy Now, Pay Later options, financing approval does not alter or override this refund and cancellation policy, and any repayment obligations to the financing provider remain the Client's responsibility.
9. Reschedule Policy
The owner is required to provide a minimum of fourteen (14) days written notice to Dusty Paws K9 prior to the commencement date of a board-and-train or in-program start date. This notice period is necessary to facilitate the reallocation of the slot to another client. Should the owner request to reschedule less than fourteen (14) days prior to the scheduled start date, Dusty Paws K9 may be unable to accommodate such a request. Rescheduling requests due to emergencies or injuries will be evaluated on a case-by-case basis at the sole discretion of Dusty Paws K9.
10. Inclement Weather
In the event of severe heat, cold, or any other weather condition which, in our opinion, threatens or impairs the health or safety of any dogs or persons participating in outdoor training sessions, or impairs the ability to productively carry out training outdoors, we reserve the right to move, postpone, or reschedule the training session.
11. Veterinary Care
Client authorizes Dusty Paws K9 to incur, and agrees to pay, all veterinary expenses deemed appropriate by Dusty Paws K9 for the dog during the time it is in the Trainer's care.
If the dog requires non-emergency veterinary care during the training or boarding period, the Trainer will make a reasonable attempt to contact the owner. If the owner cannot be reached, or in the case of an emergency, the Trainer will arrange for veterinary care. All veterinary fees are the responsibility of the owner. If convenient, the Trainer will take the dog to the dog's regular veterinarian, but reserves the right to use a veterinarian of the Trainer's reasonable selection.
In the event of an emergency, we will try to contact you at the numbers provided. If the Trainer cannot contact the owner in a timely manner, the owner hereby consents to veterinary care and gives the Trainer authority to consent to such treatment as the agent of the owner, including decisions reasonably required to save the dog's life, preserve the use of organs or limbs, or alleviate severe pain. If the medical condition or emergency is not due to negligence on Dusty Paws K9's part, the owner will cover all veterinary expenses involved.
12. Non-Disclosure and Vaccinations
Non-Disclosure. Non-disclosure of any known medical or behavioral issues with the dog will result in contract termination, and Dusty Paws K9 will retain non-refundable fees, or be owed additional fees if the service progressed beyond the first session.
Vaccinations and Medications. The owner must provide the Trainer with proof that the dog has been vaccinated for rabies, distemper, hepatitis, parvovirus, and parainfluenza. The dog should be on flea/tick and heartworm preventive. Any necessary medications or supplements must be provided by the owner, along with clear written instructions.
13. Boarding & Updates
Boarding. For board-and-train programs, the Trainer will take the dog for the entirety of the chosen program. The Parties may agree to extend the stay if necessary, depending on the dog's progress. While boarding, the dog will be kept in a clean, temperature-controlled area with a raised bed, food, and water. The dog will be exercised and socialized as appropriate for its character, and transported to various locations for training and exposure to public places such as parks, trails, pet-friendly stores, and downtown areas.
Updates. The Trainer agrees that updates on the dog will be provided via text message or email, typically once a day at the conclusion of the dog's training day. If you do not receive an update, you may text or call your assigned Trainer for more information.
Visitations. Client understands that visits may be pre-arranged but will be at the convenience of the Trainer and may interfere with training. Client agrees that this program is intended to expedite results that the Client will be responsible for maintaining at home.
14. Dog Behavior & Aggression
The Client represents and warrants that the Client has disclosed to Dusty Paws K9 in writing any behavior that may indicate the dog may be aggressive toward other dogs or people, including but not limited to growling, forceful barking, snapping, raising of hackles, chasing, attempting to bite, and biting. The Client understands that while the Trainer may be able to address some forms of aggression, many aggressive dogs require long-term management following a specific plan of action. The Client understands that the dog may not "like, enjoy, or interact" with other dogs or people.
In aggression cases, no matter the amount of training performed, we do not guarantee the dog will never be aggressive; we cannot affect DNA and genetics. What we can do is help keep the dog under control and managed. It is the Client's responsibility to manage the dog and its environment to reduce the chance of accidents. We never recommend having the dog off-leash in public areas where leash laws apply. The Client understands that some forms of aggression cannot be addressed with behavior modification and may require medication or, in extreme cases, euthanasia, both of which are outside the scope of this contract.
15. Liability and Risk During Training and Boarding
Dusty Paws K9's dog training and boarding services are inherently social in nature and carry certain unavoidable risks. These risks may include, but are not limited to, the transfer of communicable conditions such as canine papillomavirus (puppy warts) and canine cough, as well as broken nails, sore feet, puncture wounds, abrasions, and cuts. These are generally benign and can usually be managed by our staff or at home; in some cases, veterinary care may be required.
Dusty Paws K9 shall exercise reasonable care for dogs delivered by the Client for training and boarding. Client and Dusty Paws K9 hereby agree to limit Dusty Paws K9's liability for any damage to person, property, or dog. In no event shall Dusty Paws K9 be liable to the Client for any amount higher than the fair market value of the dog in the case of the dog's injury or death. The Client agrees to be solely responsible for any and all acts or behavior of the dog while in the care of Dusty Paws K9, and to be financially responsible for any Dusty Paws K9 property damaged by the dog.
All behavioral advice and training suggestions are provided at the Client's own risk. With full knowledge of the foregoing, Client hereby releases and agrees to hold harmless Dusty Paws K9, its owners, members, employees, and agents from any and all liability, claims, suits, actions, loss, injury, or damage of any nature which Client or dog may sustain or which may be caused in any way by the dog. Client agrees to fully indemnify Dusty Paws K9 for any and all such claims.
16. Dog's Health
Client attests that the dog has not been exposed to rabies or distemper within a thirty (30) day period prior to boarding. Dusty Paws K9 requires proof of current rabies, distemper, and Bordetella vaccinations. The Bordetella vaccine is not 100% effective and is recommended at least two (2) weeks prior to arrival to increase efficacy. All dogs are checked for external parasites (fleas/ticks) upon entry; if any are found, they will be treated and the Client will be responsible for those expenses.
17. Your Rights and Our Relationship
You have the right to refuse to participate, or have your dog participate, in any part of our assessment, training, or behavior change program. If you have any concerns, please communicate them so we can make adjustments within the boundaries of our training methods. You have the option to request that any specific photos or videos of you and your dog be excluded from our promotional material. Dusty Paws K9 and its principals are independent contractors and none of them, or their employees or agents, are your employees.
18. Release of Liability
You agree that in consideration for being permitted to participate in dog training provided by Dusty Paws K9, you, on behalf of yourself and your heirs, next of kin, executors, administrators, and personal representatives (collectively, "Releasors"), assume the entire risk associated with participating in such activity and waive, release, discharge, and covenant not to sue Dusty Paws K9, its owners, members, managers, employees, agents, and other representatives (collectively, "Releasees") from any and all liability for any loss, expense, harm, damage, claim, personal injury (including death), or accident to your person or property, your dog, or any other persons accompanying you, arising out of or related to participating in dog training, even if caused by any negligent act or omission of any of the Releasees. Nothing herein is intended to release any of the Releasees from any harm caused by intentional, wanton, or reckless misconduct.
19. Indemnification
You agree that you are and will be responsible for your conduct and the conduct of your dog and others accompanying you (including minor children) at all times. You agree to indemnify and hold harmless Dusty Paws K9 and its owners, members, managers, employees, agents, and other representatives from any and all claims of personal injury (including death), loss, cost, expenses (including legal fees), or damage to persons, dogs, or property caused by the acts or omissions of you, your dog, and any other persons accompanying you, during the course of training, receiving services, or related activities, as well as by the conduct of your dog under your own care as a result of following training instructions.
20. Media Release
You consent to us taking photographs and videos of you and/or your dog. By accepting this Agreement, you give Dusty Paws K9 permission to publish, in print, electronic, or video format, the likeness or image of you and/or your dog and basic information concerning your dog, for the purposes of education, advertising, or promotion of Dusty Paws K9. You release all claims against Dusty Paws K9 with respect to privacy rights, publicity rights, copyright ownership, and publication. You may opt out of this media release by providing written notice to us.
21. Personal Information
You consent to us collecting, storing, and using personal information about you and your dog, including your name, address, and contact information, for the purpose of providing the services contracted for under this Agreement. We handle your information in accordance with our Privacy Policy. We will not disclose that personal information to any third party except as reasonably necessary to provide the contracted services or as required by law.
22. Right to Terminate
We reserve the right to terminate this Agreement if: any of the information you provided in the Intake Form is not true; in our sole opinion your dog is vicious or dangerous to our trainers or any other dog or person; in our sole opinion your dog interferes with the training of other dogs to an unacceptable extent; or in our sole opinion continuing to provide services is not in the best interests of the dog, you, or us. If we terminate for any of these reasons, we will refund you the fees you have paid which are attributable to any unused sessions.
23. Authorization for Use of Training Tools
By enrolling in any training program offered by Dusty Paws K9, the owner acknowledges and grants authorization for the use of various training tools that may be deemed appropriate for the dog's training needs. These tools may include, but are not limited to: e-collar, prong/pinch collar, and slip lead leash. The selection and use of these tools will be tailored to the specific needs, behavior, and temperament of the dog, with the primary objective of ensuring effective training, safety, and positive outcomes. All tools will be applied by Dusty Paws K9's trainers in a responsible, humane, and professional manner. If the owner has any concerns or preferences regarding the use of specific tools, these must be communicated to Dusty Paws K9 in writing prior to the commencement of the program.
24. SMS Text Messaging Policy
Consent to Receive SMS Messages. By providing your mobile phone number to Dusty Paws K9, you consent to receive SMS text messages from us, including updates regarding your dog's training progress, appointment reminders, service notifications, payment confirmations, and, where opted in, promotional messages.
Message Frequency. Message frequency varies based on your engagement with our services. Promotional or marketing messages will be sent no more than four (4) times per month unless additional engagement is initiated by the client.
Opting Out. You may opt out at any time by replying "STOP" to any message. After opting out, you will no longer receive non-essential SMS communications, but we may still send important service-related messages necessary to fulfill contractual obligations.
Message and Data Rates. Standard message and data rates may apply. Dusty Paws K9 is not responsible for any message or data charges incurred by you.
Privacy. We do not sell, share, or distribute your mobile number to third parties for marketing purposes. All SMS communications are handled in accordance with our Privacy Policy. If you have questions about this policy, contact us at [email protected] or (828) 319-5013.
25. General Provisions
Entire Agreement. This Agreement, the Intake Form, and the services and bookings chosen by you and confirmed by us constitute the entire agreement between you and us with respect to the services provided, and there are no other agreements, representations, or understandings, written or oral, other than as set out herein. This Agreement may only be modified by an express written agreement signed by both Parties.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be severed and will not affect the validity or enforceability of any other provision.
No Waiver. No waiver of any provision of this Agreement will be binding unless made in writing. No condoning, excusing, or overlooking of any default will operate as a waiver of any subsequent default.
Time is of the Essence. Time will be of the essence of this Agreement.
Governing Law. This Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Kern County, California.
Assignment. The terms of this Agreement will be binding on, and inure to the benefit of, you and us and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by either party without the express prior written consent of the other party.
Electronic Execution. This Agreement and the Intake Form may be completed and/or accepted in separate counterparts delivered through our website, by email, or in other electronic form, and all counterparts together will constitute one and the same agreement.
Attorney's Fees and Costs. Client understands and agrees that in any action or proceeding brought by Dusty Paws K9 to enforce its rights under, or as a result of the Client's breach of, this Agreement, in which Dusty Paws K9 prevails, Dusty Paws K9 shall be entitled to recover its costs and reasonable attorney's fees.
26. Authority to Sign, Acknowledgment, and Voluntary Execution
By either downloading and signing a paper copy or by clicking "I Agree" within our online system, you declare that you are at least 18 years of age and competent to sign this Agreement. For registration and booking of training via the website, clicking "I Agree" constitutes your electronic signature. You agree and consent that your electronic signature is the legally binding equivalent of your handwritten signature, and you will not at any time repudiate its meaning or claim that it is not legally binding.
You acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its terms. You specifically understand that this Agreement includes an assumption of the risk of Dusty Paws K9's negligence and a release of Dusty Paws K9's liability.