2. Subject to the conditions in this agreement, GrumpyPuppy.net, shall provide training and testing of Clients dog(s) in ‘training around distractions’. Each training session shall be for a period of approximately 1-2 hours per session.
3. Customer acknowledges and agrees that the above referenced services to be provided by GrumpyPuppy.net, are subject to the following conditions:
a. GrumpyPuppy.net, shall not be liable to anyone for the dog failing to abide by its training, and Customer shall indemnify and hold GrumpyPuppy.net, harmless of any and all such claims, liability, costs and expenses including without limitation reasonable attorney's fees in such an event.
b. GrumpyPuppy.net shall have the sole discretion as to how such training and testing is to be performed under this agreement.
c. GrumpyPuppy.net agrees to train owners dog in reasonable manner. However, the effectiveness of the completed training program depends upon many factors over which GrumpyPuppy.net has no control. Such factors include, but are not limited to, the future health of the dog, the frequency and effectiveness of training reinforcement which the owners must give the dog, and the degree of respect which the owners instills in the dog. Customer acknowledges and agrees that GrumpyPuppy.net, makes no warranties or representations that the dog will be able to perform or abide by its training successfully.
d. GrumpyPuppy.net, shall provide one instructor at all training sessions.
4. The terms of service contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior discussions and agreements between the parties hereto about such matters.
5. The terms of service shall be binding upon and inure to the benefit of the parties. No assignment or transfer of any interest in this service agreement whether voluntarily, by operation of law, or otherwise shall be allowed without the express written permission and consent of the other party.
6. The captions are inserted into this agreement for convenience only and in no way define, limit or describe the scope of this agreement or the intent of any provision thereof.
7. If either party undertakes any action or arbitration, including equitable relief, against the other arising out of or in connection with this agreement, then the prevailing party shall be entitled to recover from the losing Party reasonable attorney's fees and costs.
8. No waiver, amendment or modification of any provision contained in this agreement shall be effective unless fully set forth in writing executed by both parties.
9. All notices or other communications that are required or permitted here under shall be in writing and sufficient if delivered personally or by facsimile, prepaid courier, or by registered or certified mail, postage prepaid, return receipt requested, at the last known address of the parties.
10. This terms of service may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument.
11. The laws of the State of California shall govern the validity, construction, performance and enforcement of this agreement. Any and all disputes arising from this agreement shall be resolved within the State of California, County of Orange, unless otherwise mutually agreed to by the parties.
12. Any failure of either party to enforce at any time or for any period of time, any of the provisions under this agreement shall not be construed as a waiver of the right of that party to enforce such provisions unless said waiver is in writing, and signed by an authorized representative of by both parties.
13. If any provision of this agreement shall be deemed to be unlawful or unenforceable by a court of competent jurisdiction, such termination shall have no effect on the validity and enforce-ability of the other terms and conditions of this agreement, and the challenged term shall be deemed deleted.
14. GrumpyPuppy.net, is and shall at all times be an independent contractor and shall not be deemed an employee or agent of Customer.
15. ADDITIONAL TERMS AND WAIVER:
☑️ I understand that I must keep my dog(s) current on vaccination (DHLPP, Rabies & Bordetella)
☑️ I understand that the distraction training portion of the program will take place during our “Grumpy Puppy Adventures Program”, which will provide optimum results for both the dog and the owner.
☑️ I understand that my account must be paid in full prior or at the first training session and there will be no refunds.
☑️ I am responsible for the outcome of my dog. I understand that following instructions as laid out by the ‘GrumpyPuppy.net’ trainer will give me the optimum results. I am responsible for reading any literature provided by ‘GrumpyPuppy.net’ for training or any tools needed in training. I realize that I have hired ‘GrumpyPuppy.net’ as a professional consultant to determine which tools are needed to help me train my dog to my expectations.
☑️ I understand that all dogs are trained by ‘GrumpyPuppy.net’ without liability on its part for loss or damage by or from disease, death, running away, theft, fire, or injury to persons, other dogs, or property by or to said dog(s), or other unavoidable causes, due diligence and care having been exercised by ‘GrumpyPuppy.net’.
☑️ I understand that ‘GrumpyPuppy.net is not liable for any damage caused by my dog during training, including without limitation, injury or damage to other dogs, persons, or property due to aggressive behavior of my dog. I hereby expressly agree to indemnify, defend, and hold harmless ‘GrumpyPuppy.net’, its officers, directors, employees, agents, volunteers and assigns for any claim arising out of or incident to my participation in the program, including without limitation the payment of attorney’s fees and costs.
☑️ I understand that if my dog is aggressive, I agree to use a muzzle during the training sessions. ‘GrumpyPuppy.net’ has successfully trained many aggressive dogs, but there are no guarantees that aggression will disappear with training, so it is the owner’s responsibility to muzzle the dog and keep the dog out of potential problem situations at all times, not just during the training sessions.
☑️ I certify that my dog is in good health and has not been exposed to or exhibited symptoms of any contagious illness within the past 30 days. I understand that I may be required to pick up my dog from training should he or she exhibit any signs of illness.
☑️ If my dog(s) becomes ill, I understand that ‘GrumpyPuppy.net’ will attempt to notify me as soon as possible, but I give permission to ‘GrumpyPuppy.net’ to provide emergency medical treatment for my dog(s), should the need arise within the sole discretion and judgment of GrumpyPuppy.net and such expenses shall be paid by me.