Board and Train

TRAINING SERVICES AGREEMENT

NOW, THEREFORE, in consideration of Owner’s hiring and payment to Central Coast Dog Trainers LLC (Central Coast: Off-Leash K9 Training LLC) to perform Dog Training Services, the covenants and agreement contained in the Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the part, the parties agree as follows.

This TRAINING SERVICES AGREEMENT (this “Agreement”) is made this ___ day of ___, 20___, by and between _____________________________ (“Trainer”) and _____________________ (“Owner”). Owner and Trainer are sometimes referred to in this Agreement individually as a “Party” or collectively as the “Parties”, as the context may require.

RECITALS

Owner desires to hire Trainer for purposes of training _________________ [insert name of dog] (“K-9”) to perform certain obedience behaviors described in further detail below (“Dog Training Services”) utilizing Off-Leash K9 Training, LLC (“Off Leash”) training techniques.
Trainer desires to provide Dog Training Services to the Owner of K-9.
Owner and Trainer desire that K-9 be trained on mutually agreeable terms and in an agreed upon manner.

AGREEMENT

NOW, THEREFORE, in consideration of Owner’s hiring and payment of Trainer to perform Dog Training Services, the covenants and agreements contained in this Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the part, the parties agree as follows:

Training Services. K-9 will be trained utilizing the following Dog Training Services:

2-Week Board and Train Program
Other (See the “Addendum” attached to this Agreement detailing the Dog Training Services agreed upon by the Parties).

The 2-Week Board and Train Program curriculum will provide training in the following common situations and commands: “Come”, “Sit” and “Extended Sit”; “Down” and “Extended “Down”; “Place” and “Extended Place”; “Loose Leash Walking”; “Off” and “Extended Distance Obedience.” By signing this Agreement, Owner acknowledges his or her receipt of the same.

Fees. Owner shall pay Trainer for the Dog Training Services described above in Section 1 of this Agreement a total of $________________( the “Fee”) for:

○ 2-Week Board and Train Program; or

○ Other (as described in the Addendum).

All fees for training shall be due and payable prior to training commencing, unless Owner and Off Leash enroll in a payment plan agreement. Payment plans via credit card will be charged a 3% monthly service fee. Any changes in Dog Training Services made at the request of Owner may result in a change in the rates or charges set forth in this Agreement. Any such change will be acknowledged in writing signed by both Parties. Should you enter into a payment plan with Off Leash, note that Off Leash reserves the right to charge/collect any remaining balance seven (7) days prior to the start of the scheduled 2-Week Board&Train. Owner consents to Off Leash charging Owners card on file for the applicable package.

Refund Policy. If Owner decides to cancel the Dog Training Services, Owner is entitled to receive a refund as follows:
1. Owner will not receive any refunds if owner cancels the Dog Training Services 24 hours after initial booking. Cancellations less than 24 hours after initial booking may be eligible for a full refund minus a $100 processing fee.

Postponement/Rescheduling Policy. You must provide at least 30 days notice prior to the start of your Board and Train to reschedule, which allows for the slot to be filled. Rescheduling could result in significant delays since bookings are typically scheduled more than 2-3 months in advance.

The “Commencement Date” for purposes of determining Owner’s eligibility for refunds is defined as the date upon which the K-9 is scheduled to be tendered to Trainer for the 2-Week Board and Train Program or in all other instances, the date upon which the first training session is to be provided pursuant to the Addendum.

Veterinarian Services; Health of K-9; Right to Refuse Training Due to Health. Owner assumes responsibility for arranging any necessary veterinary care. In the unlikely, but possible, need for K-9 to be provided emergency care for the treatment of an injury, illness or condition for which there is a risk of permanent injury or death (an “Emergency”) Owner authorizes Trainer to make initial decisions with respect to seeking emergency veterinary services until such time as Owner can assume such decision making. Upon occurrence of an Emergency, Trainer will contact Owner as soon as practicably possible. Owner agrees that all veterinarian and medical expenses shall be paid by Owner, including, but not limited to any expenses incurred in an Emergency made because of Trainer’s decision to seek care.

Owner agrees to provide Trainer with all heath records for K-9 requested by Trainer. Owner agrees to have K-9 vaccinated and wormed as necessary. Owner shall present all proof of such vaccinations and care as Trainer may reasonably require prior to the Commencement Date of the Dog Training Services and during the course of Dog Training Services, if required. Trainer reserves the right to refuse to train K-9 in the event K-9 does not appear to be in good health, is deemed dangerous or is unable to undergo Dog Training Services for any reason as determined in Trainer’s reasonable sole discretion.

Standard of Care; Risk of Loss. Trainer is obligated to meet the standard of care of a reasonable prudent dog owner. In no event shall Trainer be held to any higher standard or care. Trainer and company’s liability with respect to the death, injury or illness of K-9 shall not exceed $500.00 per K-9.
Assumption of Risk; Indemnification; Right to Refuse Training Due to Dangerous
K-9 Behavior. Owner acknowledges there are inherent risks associated with participation in training, both with respect to K-9 and to Owner. Owner acknowledges an exhaustive list of such risks to Owner and K-9 cannot practicably be enumerated in this Agreement. Owner expressly assumes all risks associated with participating in the Dog Training Services contemplated in this Agreement as to Owner and K-9. Owner agrees to hold Trainer and Off Leash, together with each of their respective principals, agents, affiliates, partners, successors and assigns harmless from any and all claims arising from damage or injury, whether to person or property, caused by K-9.

Owner covenants and agrees that any and all hazardous behaviors or dangerous propensities of K-9 have been fully disclosed to Trainer. Trainer nor Off Leash do not warranty or guarantee any behavioral, reactivity or aggression training as the focus is on the commands outlined above. Trainer reserves the right in his or her absolute sole discretion to refuse to train or halt training if Trainer determines that K-9 is dangerous, untrainable, unhealthy, handicapped or otherwise unfit for training. Upon notification, which may be written or oral, Trainer may return a pro-rated portion of the Fee unearned to Owner within thirty (30) days of such notice and this Agreement shall be deemed to be automatically terminated. Training and any potential refund are voided if Owners did not fully disclose hazardous behaviors, including bite history, dog aggression or human aggression.

Liquidated Damages. Owner and Trainer acknowledge that the actual damages likely to result from breach of this Agreement are difficult to estimate and would be difficult for either Party to prove. In the event Owner sues Trainer for breach of this Agreement and Owner is the prevailing party in such litigation, Owner shall be entitled to damages in an amount equal to the Fee stated in Section 2 (the “Liquidated Damages Amount”) together with the $500 per K-9 amount if Section 5 of this Agreement applies, as liquidated damages and not as penalty. The Parties intend that Trainer’s payment of the Liquidated Damages Amount will compensate Owner for any breach by Trainer of its obligations under this Agreement. The remedy set forth in this Section 7 and as otherwise set forth in this Agreement, are the sole exclusive remedies available to Owner in the event of any breach of this Agreement. By executing this Agreement, Owner waives his or her right to challenge this liquidated damages provision and acknowledges the exclusive nature of the remedies available to Owner.
Modification or Termination of Agreement. Except as provided for in Section 6, this Agreement cannot be modified or terminated by either Party unless in writing. Trainer shall have the right to terminate this Agreement upon written notice to Owner. In the event Trainer terminates this Agreement for reasons unrelated to any breach of this Agreement by Owner, Trainer shall refund the portion of the Fee not yet earned within thirty (30) days of written notice of termination to Owner. Owner shall have the right to terminate this Agreement upon written notice to Trainer. Owner’s right to a refund of the Fee is set forth in Section 3 of this Agreement.
Video/Photo Release. OLK9 may use pictures and/or videos of Owner or Owner’s dog for publicity or promotional purposes of “Central Coast: Off-Leash K9 Training LLC” without liability or obligation of any kind to Owner; however, no information/pictures can be sold or shared otherwise without additional consent. Owner grants the irrevocable right to use in perpetuity photos, videos or testimonials either alone or accompanied by other material, and with or without attribution, in any manner and in any media, throughout the world, for the purposed of advertising, promoting and publicizing OLK9 and/or it’s Products and/or Services. The Statements may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form provided the general sense is not materially and substantially changed (together “Modifications”). Owner hereby irrevocably gives consent to OLK9, or anyone OLK9 may designate, making such Modifications where those Modifications would otherwise infringe any moral rights Owner may have in relation to the Statements, and irrevocably waive such moral rights to that extent. Owner waives all rights to inspect and approve the finished materials or their use by OLK9. Owner agrees to not hold OLK9 or anyone who receives permission from OLK9 responsible for any liability.
Miscellaneous. (a) This Agreement constitutes the entire agreement between the Parties and all prior and contemporaneous agreements, representations, negotiations and understandings of the Parties, oral or written, are superseded and merged into this Agreement; (b) the rights and remedies described in this Agreement are exclusive of any rights or remedies which Owner may otherwise have at law or in equity; (c) this Agreement may be executed in any number of counterparts, each of which shall be an original, but which together shall constitute one and the same instrument and the Parties intend and agree that electronic (transmitted in .pdf format) or facsimile signatures shall be good and sufficient evidence of signature on all documents and authorizations; (d) this Agreement shall be governed by and construed and interpreted in accordance with the laws of the state of California without regard to conflicts of laws principles; (e) all recitals in this Agreement are incorporated by reference into this Agreement as if set forth fully in the Agreement; (f) all provisions in this Agreement are severable and each valid and enforceable provision shall remain in full force and effect, notwithstanding any determination that is binding upon, or enforceable against, the Parties and that renders certain provisions of this Agreement invalid or unenforceable; (g) captions and headings are used in this Agreement for convenience only and shall not be construed to affect the meaning of this Agreement; (h) in the event either Party pursues an action related to breach of this Agreement, the prevailing party at trial shall be entitled to any costs and expenses associated with the same, including reasonable legal fees actually incurred, but if the Parties settle the matter prior to trial, the Parties shall be responsible for their own respective attorney’s fees; (i) neither Central Coast or the trainer can guarantee the level of training that the K-9 will have achieved at the conclusion of the dog training services as that is dependent on many factors including the K-9’s temperament, prior level of training, owner disclosure of dog’s temperament prior to training and environmental circumstances; (j) neither Off Leash or the trainer can guarantee any level of success for behavioral modification; (k) it is the Owner’s responsibility to consistency reinforce basic training and commands developed through Dog Training Services in order to maintain the goals achieved in the training program.

Lessons

TRAINING SERVICES AGREEMENT

NOW, THEREFORE, in consideration of Owner’s hiring and payment to Central Coast Dog Trainers: Off-Leash K9 Training LLC to perform Dog Training Services, the covenants and agreement contained in the Agreement and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the part, the parties agree as follows.

RECITALS

Owner desires to hire Trainer for purposes of training _________________ [insert name of dog] (“K-9”) to perform certain obedience behaviors described in further detail below (“Dog Training Services”) utilizing Central Coast Dog Trainers: Off-Leash K9 Training LLC (“Off Leash”) training techniques.
Trainer desires to provide Dog Training Services to the Owner of K-9.
Owner and Trainer desire that K-9 be trained on mutually agreeable terms and in an agreed upon manner.

AGREEMENT

Training Services. K-9 will be trained utilizing the following Dog Training Services:

Lessons
Other (See the “Addendum” attached to this Agreement detailing the Dog Training Services agreed upon by the Parties).

The Basic Obedience Package curriculum will provide training in the following common situations and commands: “Come”, “Sit” and “Break”:“Down”; “Place”, “Loose Leash Walking”; and “Off.” Advanced commands and dog aggression package both teach the Basic Obedience commands above and additionally offer four focused lessons for the specified package. By signing this Agreement, Owner acknowledges his or her receipt of the same.

Fees. Owner shall pay Trainer for the Dog Training Services described above in Section 1 of this Agreement a total of $________________( the “Fee”) for:

○ Lessons

○ Other (as described in the Addendum).

All fees for training shall be due and payable prior to training commencing, unless Owner and Off Leash enroll in a payment plan agreement. Payment plans are at the discretion of Off Leash and recurring credit card payments will be charge a monthly three (3) percent installment fee. Any changes in Dog Training Services made at the request of Owner may result in a change in the rates or charges set forth in this Agreement. Any such change will be acknowledged in writing signed by both Parties. Should you enter into a payment plan with Off Leash, note that Off Leash reserves the right to charge/collect any remaining balance after: 1.) Fourteen days (14) after first lesson completion for Basic Obedience Package or In-Home Basic Obedience Package 2.) Twenty one days (21) after completion of first lesson for Basic & Advanced Obedience package; In-Home Basic & Advanced Obedience Package; Dog Aggression Package, and In-Home Dog Aggression Package. Owner consents to Off Leash charging Owners card on file for the applicable package.

Refund Policy. If Owner decides to cancel the Dog Training Services, Owner is entitled to receive a refund as follows:
1. Lessons: Owner may receive a refund, minus $50 processing fee, up to the start of your first lesson should you choose to cancel & if you provide 24 hours notice before the start of the first scheduled lesson. If Owner does not want to continue after the first completed lesson, Owner will be charged the price of the Basic Obedience Starter Package and refunded any remaining balance for the applicable lesson package. No refunds are offered after the completion of the second lesson for any package.

Postponement/Rescheduling Policy.

1. 1. If you choose to postpone your lessons, your remaining lessons will be good for a six (6) month period commencing from the time we receive written notification, provided 24 hours notice is provided. After the six (6) month grace period, if the lessons remain unused, Owner forfeits the remaining lessons.

1. 1. You must provide at least 24 hours notice before the start time of your lesson should you need to reschedule. Contact your trainer, Off Leash’s main number: (805) 335-2144 or email: trainer@olk9ca.com. After two occurrences (reschedules), should you need to cancel, one session will be deducted from your total remaining sessions. Any rescheduling with less than 24 hours notice prior to your lesson will result in one session being deducted from your total remaining sessions. No exceptions will be made.

The “Commencement Date” for purposes of determining Owner’s eligibility for a refund is defined as the date upon which the K-9 is scheduled to be tendered to Trainer for the initial lesson.

Veterinarian Services; Health of K-9; Right to Refuse Training Due to Health. Owner assumes responsibility for arranging any necessary veterinary care. In the unlikely, but possible, need for K-9 to be provided emergency care for the treatment of an injury, illness or condition for which there is a risk of permanent injury or death (an “Emergency”) Owner authorizes Trainer to make initial decisions with respect to seeking emergency veterinary services until such time as Owner can assume such decision making. Upon occurrence of an Emergency, Trainer will contact Owner as soon as practicably possible. Owner agrees that all veterinarian and medical expenses shall be paid by Owner, including, but not limited to any expenses incurred in an Emergency made because of Trainer’s decision to seek care.

Standard of Care; Risk of Loss. Trainer is obligated to meet the standard of care of a reasonable prudent dog owner. In no event shall Trainer be held to any higher standard or care. Trainer and company’s liability with respect to the death, injury or illness of K-9 shall not exceed $500.00 per K-9.
Assumption of Risk; Indemnification; Right to Refuse Training Due to Dangerous
K-9 Behavior. Owner acknowledges there are inherent risks associated with participation in training, both with respect to K-9 and to Owner. Owner acknowledges an exhaustive list of such risks to Owner and K-9 cannot practicably be enumerated in this Agreement. Owner expressly assumes all risks associated with participating in the Dog Training Services contemplated in this Agreement as to Owner and K-9. Owner agrees to hold Trainer and Off Leash, together with each of their respective principals, agents, affiliates, partners, successors and assigns harmless from any and all claims arising from damage or injury, whether to person or property, caused by K-9.

Owner covenants and agrees that any and all hazardous behaviors or dangerous propensities of K-9 have been fully disclosed to Trainer. Trainer reserves the right in his or her absolute sole discretion to refuse to train or halt training if Trainer determines that K-9 is dangerous, untrainable, unhealthy, handicapped or otherwise unfit for training. Upon notification, which may be written or oral, Trainer shall return any portion of the Fee unearned to Owner within thirty (30) days of such notice and this Agreement shall be deemed to be automatically terminated.

Liquidated Damages. Owner and Trainer acknowledge that the actual damages likely to result from breach of this Agreement are difficult to estimate and would be difficult for either Party to prove. In the event Owner sues Trainer for breach of this Agreement and Owner is the prevailing party in such litigation, Owner shall be entitled to damages in an amount equal to the Fee stated in Section 2 (the “Liquidated Damages Amount”) together with the $500 per K-9 amount if Section 5 of this Agreement applies, as liquidated damages and not as penalty. The Parties intend that Trainer’s payment of the Liquidated Damages Amount will compensate Owner for any breach by Trainer of its obligations under this Agreement. The remedy set forth in this Section 7 and as otherwise set forth in this Agreement, are the sole exclusive remedies available to Owner in the event of any breach of this Agreement. By executing this Agreement, Owner waives his or her right to challenge this liquidated damages provision and acknowledges the exclusive nature of the remedies available to Owner.
Modification or Termination of Agreement. Except as provided for in Section 6, this Agreement cannot be modified or terminated by either Party unless in writing. Trainer shall have the right to terminate this Agreement upon written notice to Owner. In the event Trainer terminates this Agreement for reasons unrelated to any breach of this Agreement by Owner, Trainer shall refund the portion of the Fee not yet earned within thirty (30) days of written notice of termination to Owner. Owner shall have the right to terminate this Agreement upon written notice to Trainer. Owner’s right to a refund of the Fee is set forth in Section 3 of this Agreement.
Video/Photo Release. Off Leash may use pictures and/or videos of Owner or Owner’s dog for publicity or promotional purposes of “Central Coast Dog Trainers: Off-Leash K9 Training LLC” without liability or obligation of any kind to Owner; however, no information/pictures can be sold or shared otherwise without additional consent. Owner grants the irrevocable right to use in perpetuity photos, videos or testimonials either alone or accompanied by other material, and with or without attribution, in any manner and in any media, throughout the world, for the purposed of advertising, promoting and publicizing Off Leash and/or it’s Products and/or Services. The Statements may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form provided the general sense is not materially and substantially changed (together “Modifications”). Owner hereby irrevocably gives consent to Off Leash, or anyone Off Leash may designate, making such Modifications where those Modifications would otherwise infringe any moral rights Owner may have in relation to the Statements, and irrevocably waive such moral rights to that extent. Owner waives all rights to inspect and approve the finished materials or their use by Off Leash. Owner agrees to not hold Off Leash or anyone who receives permission from Off Leash responsible for any liability.
Miscellaneous. (a) This Agreement constitutes the entire agreement between the Parties and all prior and contemporaneous agreements, representations, negotiations and understandings of the Parties, oral or written, are superseded and merged into this Agreement; (b) the rights and remedies described in this Agreement are exclusive of any rights or remedies which Owner may otherwise have at law or in equity; (c) this Agreement may be executed in any number of counterparts, each of which shall be an original, but which together shall constitute one and the same instrument and the Parties intend and agree that electronic (transmitted in .pdf format) or facsimile signatures shall be good and sufficient evidence of signature on all documents and authorizations; (d) this Agreement shall be governed by and construed and interpreted in accordance with the laws of the state of California without regard to conflicts of laws principles; (e) all recitals in this Agreement are incorporated by reference into this Agreement as if set forth fully in the Agreement; (f) all provisions in this Agreement are severable and each valid and enforceable provision shall remain in full force and effect, notwithstanding any determination that is binding upon, or enforceable against, the Parties and that renders certain provisions of this Agreement invalid or unenforceable; (g) captions and headings are used in this Agreement for convenience only and shall not be construed to affect the meaning of this Agreement; (h) in the event either Party pursues an action related to breach of this Agreement, the prevailing party at trial shall be entitled to any costs and expenses associated with the same, including reasonable legal fees actually incurred, but if the Parties settle the matter prior to trial, the Parties shall be responsible for their own respective attorney’s fees; (i) neither Off Leash or the trainer can guarantee the level of training that the K-9 will have achieved at the conclusion of the dog training services as that is dependent on many factors including the K-9’s temperament, prior level of training, owner disclosure of dog’s temperament prior to training and environmental circumstances; (j) neither Off Leash or the trainer can guarantee any level of success for behavioral modification; (k) it is the Owner’s responsibility to consistency reinforce basic training and commands developed through Dog Training Services in order to maintain the goals achieved in the training program.

ADDENDUM

Additional lessons packages include:

Puppy Training: 4 private 30 minute lessons covering: nutrition, first aid, potty training, crate training and an introduction to obedience.

Basic & Advanced Training: The first four lessons of this package cover the Basic Obedience program outlined in Section 1 above. The remaining four lessons may cover “extended distance obedience” and two additional commands from the advanced lessons menu listed at www.centralcoastdogtrainers.com.

Dog Aggression Package: The first four lessons of this package cover the Basic Obedience program outlined in Section 1 above. The remaining four lessons cover dog specific aggression as described by Owner. Owner should bring and provide a muzzle for the safety of the dog, trainer and Owner.