The Agreement
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This Service Agreement (this “Agreement”) is made effective as of today, and between EveryDog, LLC and myself. In this Agreement, the party who is contracting to receive the services shall be referred to as “Owner” and the party who will be providing the services shall referred to as “EveryDog.”
Whereas the Owner wishes to engage EveryDog and EveryDog agrees to undertake the services under the terms and provisions in this Service Agreement
Description of Services.
EveryDog will provide dog training advice online through virtual, remote video conferencing.
Responsibilities.
EveryDog shall perform the agreed-upon services in an attentive, reliable and caring manner and the Owner will undertake to provide all necessary information to assist EveryDog in this performance.
Payment for Services.
Owner shall provide to EveryDog a signed Agreement prior to the commencement of any service. Payment in full shall be made prior to start of service. Reservations are not held until payment in full is received by EveryDog or special arrangements are agreed upon by both parties in writing.
Cancellation/Refund Policy
All completed online services are non-refundable.
Term/Termination. This Agreement may be terminated by either party by giving thirty (30) days written notice to the other party.
Relationship of Parties. It is understood by the parties that EveryDog is an independent contractor with respect to the services, and not an employee of Owner. Owner will not provide benefits, including health insurance benefits, paid vacation or any other employee benefit for the benefit of EveryDog and or its employees or agents.
Waiver of Liability and Informed Consent Release
I, the Owner and the undersigned, have enrolled myself and my dog in virtual, online dog training services, offered by EveryDog.
By signing hereunder, I certify that I have been informed and understand that there is always some unavoidable risk of injury involved when working with animals, especially animals with behavioral issues. I acknowledge that dogs can be inherently difficult to control and that not all dogs will be under control at all times resulting in the possibility of injury to myself, my dog, my family members, or third parties. Additionally, I have had full opportunity to discuss all concerns I have about the foregoing risks with EveryDog and its authorized representatives. I have also made all inquiries and investigations to my satisfaction related to such risks, including, but not limited to, an examination of the training area (if applicable). I hereby accept and assume, without reservation, all risks associated with my participation in the Services, including, but not limited to: the risks of any and all injuries to myself, my dog and any of my family members or third parties who may attend; the risks that my dog may cause injury to other persons and/or dogs while training.
As lawful consideration for participating in the classes, I, for myself, my heirs, executors, administrators, legal representatives, successors and assigns hereby waive, release, discharge and agree not to sue and to indemnify, defend and hold harmless EveryDog and their members, managers, agents, and employees from any and all injuries, losses, claims and damages to any person or persons of any nature whatsoever, including claims arising from the EveryDog’s own negligence, and all costs associated therewith, including attorney’s fees, court costs and consultant fees, arising from my participation in the Services.
This Waiver of Liability & Informed Consent Release shall be legally binding on the Owner. Should the Owner assert a claim to the contrary to what has been agreed to in this Waiver of Liability and Informed Consent Release, the claiming party shall be liable for all expenses (including attorney’s fees, court costs and consultant fees) incurred by both the Owner and the EveryDog. No waiver or modification of any provision herein shall be valid unless expressly agreed to in writing by both the EveryDog and the Owner. Every provision herein is intended to be severable. If any one or more of the provisions herein is found to be unenforceable or invalid, that shall not affect the other terms and provisions hereof, which shall remain binding and enforceable.
Owner understands EveryDog can use my pet's photograph(s) and/or video(s) taken during training sessions for educational and promotional purposes in any type of media. Owner may opt-out by initialing.
Entire Agreement. This Agreement contains the entire Agreement of the parties, and there are no other promises or conditions in any other Agreement whether oral or written.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
Applicable Law. This Agreement shall be governed by the laws of the State of California.