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Terms Of Service Agreement
1. Our office phone number is 1-888-402-3592 extension #3. Call this number should any problems or questions arise. Please understand that due to the large number of clients our subcontractors see each day, and their desire to provide the best training possible, our scheduled appointment times are an approximation.
2. Subject to the conditions in this agreement, we shall provide coaching and testing of Clients dog(s) regarding their behavior. Each coaching session shall be for a period of approximately 60-90 minutes per session.
3. We reserve the right to refuse service without refund for any misconduct, harrasment, verbal abuse, towards any of our independent contractors, employees or representatives of Canine Behaviorist Tony Nila, including lack of following directions or instruction that can cause liability or harm to the public.
4. Customer acknowledges and agrees that the above referenced services to be provided by Canine Behaviorist Tony Nila, are subject to the following conditions:
a. Independent contractors, employees or representatives of Canine Behaviorist Tony Nila, shall not be liable to anyone for the dog failing to abide by its training, Customer shall indemnify and hold harmless any and all such claims, liability, costs and expenses including without limitation reasonable attorney's fees in such an event.
b. The Behavior modification specialist assigned to your case shall have the sole discretion as to how such coaching and testing is to be performed under this agreement.
c. We agree to coach an owner and their dog in reasonable manner. However, the effectiveness of the completed behavior program depends upon many factors over which we have no control. Such factors include, but are not limited to, the future health of the dog, the frequency and effectiveness of 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, we makes no warranties or representations that the dog will be able to perform or abide by its training successfully. Canine Behaviorist Tony Nila guarantees to offer continued 24/7 text & email support should behavior problems continue.
d. Customer understands That our Carnivore Nutrition and Wellness Coach is not a veterinarian, but has an extensive background in holistic pet nutrition and the physiology of optimum health based on proper nutrition and healthy supplementation. Customer acknowledges and agrees that, we makes no warranties or representations for any outcomes, promised or implied. If I am in need of a vet or the advice of a vet the Carnivore Nutrition and Wellness Coach will refer customer to one in their area.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The laws of the State of North Carolina 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 North Carolina, County of Rutherfordton, unless otherwise mutually agreed to by the parties.
13. 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.
14. 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.
15. Tony Nila as well as independent contractors, employees or representatives, shall at all times be an independent contractor and shall not be deemed an employee or agent of Customer.
16. ADDITIONAL TERMS AND WAIVER:
☑️ I understand that I am committing to a subscription service, however I can choose to cancel the subscription service at any time before the 12 month treatment plan is completed. Please note that you must cancel your subscription before it renews for a subsequent month in order to avoid being charged for the next month’s subscription fee. If you cancel your subscription, the cancellation will be effective immediately and you will no longer be able to schedule future sessions. No refunds will be given for past processed subscription charges.
☑️ I understand that the distraction training portion of the program will take place during our “Canine Pack Walks”, which will provide optimum results for both the dog and the owner.
☑️ I understand that I must keep my dog(s) current on vaccination (DHLPP, Rabies & Bordetella)
☑️ I am responsible for the outcome of my dog. I understand that following instructions as laid out by the trainer will give me the optimum results. I am responsible for reading any literature provided by trainer for training or any tools needed in training. I realize that I have hired Canine Behaviorist Tony Nila as a professional consultant to determine which tools and treatment plan are needed to help me train my dog to my expectations.
☑️ I understand that all dogs trained, by Tony Nila as well as independent contractors, employees or representatives of AtonomousCanine.com is 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 Tony Nila, independent contractors, employees or representatives of Canine Behaviorist Tony Nila
☑️ I understand that Tony Nila as well as independent contractors, employees or representatives are 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 Tony Nila, independent contractors, employees or representatives of Canine Behaviorist Tony nila , its officers, directors, 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. ‘Tony Nila’ 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 ‘Tony Nila’ will attempt to notify me as soon as possible, but I give permission to ‘Tony Nila’ to provide emergency medical treatment for my dog(s), should the need arise within the sole discretion and judgment of Tony Nila and such expenses shall be paid by me.