Dog Training Services Agreement
This agreement is entered into by and between the undersigned client (the "Client" or "you") and Perked Ears Companion Animal Training and Education LLC, an Indiana limited liability company ("Perked Ears"), in relation to the following dog:
Name: ___________________, Breed: __________________, (the "Dog").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Perked Ears agree as follows.
Perked Ears agrees to provide private dog training services to you at your home or other agreed upon location, on dates and at times agreed upon by you and Perked Ears from time to time. Perked Ears will coach you in dog training and/or behavior change skills during consultations or sessions.
Client agrees to pay Perked Ears the following fees for any consultation, session or package that Client elects.
In-Home Private Training
$115 for initial consultation
$300 for a package of 3 follow-up sessions
$105 for a single follow-up session
$10 per visit outside of Marion County (Hamilton, Boone, Hendricks, Hancock, and Johnson counties)
Online Private Training
$105 for initial consultation
$260 for a package of 3 follow-up sessions
$90 for a single follow-up session
Online Separation Anxiety Services
$115 for initial consultation
$500 for 4-week package
Payment is due in advance at the time of booking any consultation, session or package. Fees are subject to change without notice at any time prior to purchase. Current fees are described on Perked Ears's website.
All purchases are non-refundable and non-transferable. All sessions in a private training package must be completed within 90 days from the date the package is purchased. All sessions in a separation anxiety program must be completed within the 4-week timeframe associated with the program. 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 consultation or session by notifying Perked Ears at least 48 hours before the date and time of the scheduled appointment. If you choose to cancel an appointment with less than 48 hours advance notice, or are not present at the scheduled time, the consultation or 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.
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 Perked Ears during the intake and registration process, and all other written and oral information provided to Perked Ears concerning you, the Dog and your household, is true, complete and correct in all respects.
EQUIPMENT & TECHNIQUES
You understand and acknowledge that Perked Ears is dedicated to dog-friendly, 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 consultation or session with Perked Ears, including, but not limited to, hitting, striking, pinning, kicking, leash-jerking, spraying, shouting, choke collars, prong or pinch collars, shock or "e" collars, anti-bark collars, and citronella collars.
You understand, acknowledge and agree that Perked Ears may terminate any consultation or 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 consultation or session is deemed to be forfeited and is not refundable.
You understand, acknowledge and agree that Perked Ears may terminate any consultation or 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, Perked Ears may, in its sole discretion, complete the consultation or session with only you, if you are able to safely and humanely relocate the Dog to a separate area that will ensure safety.
To participate in any online consultation or session, you understand that you will need a computer or mobile device with internet access, camera and microphone to join a private video conferencing meeting with Perked Ears. You acknowledge and agree that you are solely responsible for ensuring viable internet connectivity for your device and for familiarizing yourself with the video conferencing software prior to the consultation or session.
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. Perked Ears will make every reasonable effort to help you achieve your training goals for the Dog. You understand and agree, however, that Perked Ears 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 Perked Ears are fully-earned and non-refundable, and are in no respects contingent on your level of satisfaction with the results.
PHOTO & VIDEO RELEASE
In consideration for utilizing Perked Ears's dog training services, you grant Perked Ears permission to RECORD, FILM, PHOTOGRAPH or otherwise capture in any media your likeness and images of your Dog during any consultation or 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 Perked Ears for the use of your likeness and images of the Dog in such recordings and/or photographs.
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, scratches, musculoskeletal injuries, parasite infection, ripping of clothing, soiling, vomiting, diarrhea, ingestion of non-food items and others. Due to the unpredictable nature of animals, you understand that these risks are attendant to dog training and cannot be eliminated. You understand that Perked Ears cannot protect you, your dog, or any other person or animal, against the risk of potential bodily injury, death or property damage while utilizing Perked Ears'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 Perked Ears's dog training services.
In consideration for utilizing Perked Ears'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 Perked Ears and all of Perked Ears's members, employees, representatives and agents 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 Dog or the services provided by Perked Ears, including any resulting from the negligent acts or omissions by Perked Ears or any of Perked Ears's members, employees, representatives or agents.
You further agree to HOLD HARMLESS, INDEMNIFY AND DEFEND Perked Ears and all of Perked Ears's members, employees, representatives and agents 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 Dog or the services provided by Perked Ears, including any resulting from the negligent acts or omissions by Perked Ears or any of Perked Ears's members, employees, representatives or agents, 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.
This agreement has been executed by the parties as of the dates below.
PERKED EARS COMPANION ANIMAL TRAINING AND EDUCATION LLC, an Indiana limited liability company
Name: Kristen Board
Title: Managing Member