Service Agreement

WHEREAS Dog Training provides certain services to Clients; and

WHEREAS Client desires to procure one or more of those services offered by Dog Training; and

WHEREAS the Parties desire the provision and acceptance of said services to be governed by the terms and conditions of this Agreement.

NOW THEREFORE, for good and valuable consideration, the adequacy of which are hereby acknowledged, the Parties agree as follows:

1. Recitals. The prefatory paragraph and recitals set forth above are incorporated by reference and made a part of this Agreement, as is set forth in their entirety herein.

2. Services Requested and Payment. The services requested by Client, as accepted by Dog Training, and the charges for providing such services are listed in Exhibit A to this Agreement, which is incorporated by reference and made a part of this Agreement as if set forth in its entirety herein. In many cases, Dog Training will require Client to provide advanced payment for its services. Dog Training may deposit said advance payments into an account also containing Dog Training funds, but the advance remains the property of the Client until earned by Dog Training. Dog Training will initially rely on the advance for its fees, but shall invoice the Client on a monthly basis for any fees or other costs incurred in rendering services to the Client. Payment of invoices is due upon receipt and prompt payment is expected. Failure to pay an invoice within 15 days after Dog Training sends the invoice shall subject Client to a default under this Agreement and may cause Dog Training to institute legal action. The consequences of default is set forth in ¶ 10.

3. Services. Dog Training currently provides the services listed below, but reserves the right to provide additional services or to modify the listed services.

A. Evaluation (In-Home). Services provided by Dog Training will generally result from an evaluation by Dog Training of Client’s dog. During the evaluation, Dog Training will engage in a discussion regarding the interplay between a dog's genetic predisposition and their upbringing, and how these factors have contributed to problematic behaviors. In general, an evaluation shall precede any contract between Dog Training and Client.

B. Dog Training (In-Home). Dog Training agrees to provide private lessons for the Client and the dog on a lesson-by-lesson basis. The goal is to teach the Client how to train and work with the dog. These lessons will take place at the Client's home. Dog Training will make every reasonable effort to help the Client achieve training goals, but there is no guarantee of the dog's performance or behavior as a result of the training. The Client understands this limitation and agrees to follow the instructions of Dog Training without modiﬁcation and to work daily with the dog as prescribed by Dog Training.

C. Behavior Modiﬁcation (Board and Train). Dog Training agrees to provide behavior modiﬁcation services for the dog through a board and train program. The dog will stay at the Dog Training facility for a designated period. Dog Training will work on modifying the dog's behavior and to address speciﬁc issues as agreed upon with the Client. Dog Training will use its best efforts to help the dog improve its behavior, but there is no guarantee of an improvement to the dog's performance or behavior as a result of the training.

D. Puppy Day School & Day Training. Dog Training also offers services for young dogs. This program is designed to provide essential training, socialization, and care for puppies during the day. Puppies will receive training exercises, supervised playtime, and environmental work, and building a strong foundation. The Puppy Day School & Day training is an excellent opportunity for early learning and development for young dogs.

E. Boarding. Dog Training can provide boarding services for the dog at the Dog Training facility for an agreed-upon period. Dog Training will provide appropriate care, including feeding, exercise, and accommodations, for the dog during its stay. This service is only provided to current and previous Clients whose dogs have achieved a certain level of training.

4. General Policies

A. Maintenance of Goals. Client recognizes that the training provided will generally result in a dog that understands the expectations of the given commands and has experience ignoring basic to advanced distractions. Client acknowledges that the dog may not be reliable off leash without very extensive and long term training. For the dog to improve on or maintain the level of training provided the following must apply:

a. Client must understand and apply the basic principles of training.

b. Client must use the list of cues supplied by the trainer.

Client must not interact with the dog in a way that rewards bad behavior and/or punishes good behavior.

c. Client must train the dog consistently to improve or maintain the level of training achieved by this program.

d. The owner must follow the trainer’s advice regarding training and management.

B. Training. Dog Training and its trainer(s) have agreed to train said dog to the pre-established level of obedience in the presence of Client. This training includes and is limited to the following: come, sit, sit with distractions, heel, place, car manners, door manners, respecting boundaries, quiet, digging, other dog introduction, aggression, and separation anxiety. Further levels and areas of training may be discussed between Client and Dog Training but the dog is not entitled to unlimited lessons or guaranteed results. In fact, in all cases, results are not guaranteed.

C. Expectation. Client acknowledges and agrees that it may not be possible in some cases to achieve all goals. For example, a dog may have a medical condition that prevents the dog from being reliably housebroken, or the dog’s basic temperament may be aggressive by nature and not amenable to behavior modification. Medical conditions, such as deafness, blindness, or any other physical impairment, may interfere with the dog’s ability to respond to commands. Dogs that have medically diagnosed anxiety, may need medication to reach hoped for goals. Dog Training will notify the Client prior to or during the program if any problem areas are identified where goals need to be modified. In most cases, however, all goals should be achievable, but, as stated above, no goals are guaranteed.

D. Aggressive Dogs. Client expressly represents and warrants that the Client has given written disclosures to Dog Training regarding any behavior that may indicate that the dog may be aggressive to other dogs or people, including but not limited to growling, forceful barking, snapping, raising of hackles, lowering of the head and staring, chasing, attempting to bite, and biting. Client understands and acknowledges that, while Dog Training may be able to address some forms of aggression, many aggressive dogs require long-term treatment following a specific plan of action. Client understands that said dog may not “like, enjoy, or interact” with other dogs or people. Dog Training recommends that Client never leave a dog that has shown signs of aggression alone with children or other animals. In aggressive cases, no matter how much training we do, Dog Training does not and will not guarantee the dog will never be aggressive again. We cannot affect DNA and genetics. What we can do is keep the dog under control and manage it. It is Client’s responsibility to understand at all times that it is on the Client to manage the dog and its environment to reduce the chances of possible accidents. With aggression cases, we will do our best to accomplish the training with our 2-Week Board & Train. However, Client understands that severe aggression cases will most likely require the 4 to 6-week Board & Train program or longer.

E. Cancellation Policy. The Client must provide at least 24 hour notice for any cancellations. Failure to do so will result in Dog Training charging Client the fee for the services contemplated by the Parties, but not rendered, because Client does not appear and does not cancel within the required time.

F. Distractions Policy. During training sessions, Client will refrain from using cell phones, watching TV, listening to the radio, or engaging in any activity that may distract them from observing, listening, and handling their dog. Cell phones must be silenced or turned off completely before the start of any session.

5. Refunds and Payment.

A. Refund Policy. In general, all fees for services must be fully paid before the service is rendered. Training, behavior modiﬁcation, and boarding fees are non-refundable, regardless of whether all sessions are completed or all features of the service are utilized. Any evaluation cost may be refunded, less a 3% processing fee. Failure to comply with the trainer's requirements via verbal or written statements, use of non-approved equipment, or non-compliance with the terms and conditions of the agreement may result in termination without refund.

B. Payment. For in-home training, fees must be paid when scheduled. For behavior modiﬁcation (board and train), fees must be paid in full or the form of a 50% deposit of the total amount paid in advance to reserve the dates. The remaining balance must be paid before or on the day of drop-off to Dog Training. For boarding, fees must be paid once dates are agreed upon.

6. Client Training. At the conclusion of training or behavior modiﬁcation, Dog Training will instruct the Client in the basics of training. Instruction will consist of one drop-off session to show the Client about the new skills acquired by the dog(s) and to instruct the Client on how to give proper commands and properly reward and correct the dog(s) in various situations. Additional follow-up visits may be provided to Client on a fee basis. Dog Training strongly recommends that Client take advantage of these lessons. The lesson dates and times will be determined with input from the Client.

7. Veterinary Care. If a dog, in the sole discretion of Dog Training, requires non-emergency veterinary care during the training or boarding period, Dog Training will make a reasonable attempt to contact the Client and request that Client obtain veterinary care for the dog. It is the obligation of the Client to provide contact information that can be successfully utilized by Dog Training for emergency and non-emergency situations. In the case of an emergency and no contact made with Client, Dog Training will arrange for veterinary care on behalf of the Client. This Agreement shall constitute Client’s consent to the rendering of said treatment. All veterinary fees are the responsibility of the Client. If convenient, Dog Training will take the dog to its regular veterinarian, but Dog Training reserves the right to take the dog to a veterinarian selected by it, using reasonable care in said selection. Dog Training will take all reasonable and necessary precautions during the training and boarding processes to avoid injury. However, sometimes an illness or condition that was not diagnosed or discovered previously may present during the training or boarding period. When this happens, Dog Training may need to get the emergency care needed. Owner hereby consents to veterinary care for the dog and gives Dog Training the authority to consent to such treatment as the agent of the Client. In the event that Dog Training cannot reach the Client or the Client cannot get to their dog, Dog Training will be allowed to make decisions regarding emergency care reasonably required to save the dog's life, to preserve the use of organs or limbs, or to alleviate severe pain. If a non-serious but contagious (and hindering training) illness is detected, the dog may need to go back to the Client’s home for recovery. After a full recovery, the dog can return with new dates to Dog Training. Dog Training may agree to have the dog recover at its facility at the sole expense of the Client. Client agrees to pay Dog Training for all time spent dealing with a dog requiring non-training care at Dog Trainings normal rates.

8. Medical Disclosure and Vaccinations. Client must disclose the dog’s known medical issues. In the event of non-disclosure, Dog Training may terminate and contract with Client and Client will be responsible for any fees agreed to between Dog Training and Client. Client must provide Dog Training with proof that the dog has been vaccinated for rabies, distemper, epatitis, parvovirus, and parainﬂuenza, and has had a fecal test (within the last 6 months). The dog must be heartworm negative and on heartworm preventive, as well as on a ﬂea/tick preventive. Any necessary medications or supplements must be provided by Client, along with clear written instructions. Dog Training reserves the right to refuse services to a dog that has medical issues.

9. Limitation of Liability. Except as expressly provided in this agreement, Dog Training shall not be liable to the Client for any indirect, incidental or consequential damages arising out of any of the terms or conditions of this agreement or with respect to its performance hereunder. Dog Training’s liability to Client may not exceed the amount paid by Client to Dog Training for service. The foregoing limitation of liability and exclusion of damages applies even if Client had no knowledge, actual or constructive, of the possibility of such damages. Client acknowledges that Dog Training would not be able to offer its services unless the previously stated limitation of liability were effective. Client also acknowledges that Dog Training does not guarantee results of any kind.

10. Default. Client will be in default for 1) failing to pay any invoice from Dog Training within 15 days of the date of the invoice; or 2) failing to inform Dog Training about any serious medical issues afflicting the dog; or 3) materially breaching any of the terms and conditions in this Agreement that are applicable to Client. Upon default, Dog Training, in its sole discretion, may cancel this Agreement and Client will be fully liable to Dog Training for any and all fees or expenses incurred by it on behalf of the Client prior to the time of the cancellation. Client shall pay those fees and expenses to Dog Training within ten (10) days of the cancellation of the contract. In the event of a default, Dog Training shall have the right to file suit against Client to recover such fees and expenses and, in addition thereto, Dog Training shall have the right to recover its costs in filing suit, including investigation, service, and filing fees, as well as reasonable attorneys’ fees and expert witness fees.

11. Miscellaneous.

A. No Third-Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.

B. Entire Agreement. This Agreement (including the documents referred to herein) constitutes the entire agreement among the Parties and supersedes any prior understandings, agreements, or representations by or among the Parties, written or oral, to the extent they related in any way to the subject matter hereof.

C. Binding Agreement; Assignment. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns. This is a personal services contract and neither Party may assigns it rights or obligations under this Agreement unless expressly agreed to in a writing executed by both Parties.

D. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

E. Governing Law; Jurisdiction. This Agreement shall be governed by and construed solely in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law rules. Each Party hereby irrevocably submits to the exclusive jurisdiction of the state courts located in Arlington, Virginia, and, if jurisdiction is proper, the federal courts located in Alexandria, Virginia for any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined by said courts. Each Party also agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the Parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought.

F. Amendments and Waivers. This Agreement may not be amended except by a writing duly executed by the Parties. The terms, covenants, representations, warranties and conditions of the Agreement may be waived only by a written instrument executed by the Party waiving compliance. No waiver by any Party of any condition, term, covenant, representation or warranty contained in this Agreement will be deemed to be or construed as a further or continuing waiver of any such condition, provision, term, covenant, representation or warranty of this Agreement.

G. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law or rule in any jurisdiction, in any respect, such invalidity shall not affect the validity, legality and enforceability of any other provision and, the remaining terms and provisions of this Agreement shall not in any way be affected or impaired thereby, all of which shall remain in full force and effect.

H. Singular, Plural and Gender. The singular form of any work includes the plural and vice versa, unless the context otherwise requires. The use of a pronoun of one gender includes the correlative words of the other gender and neuter words, and the use of the neuter term includes words of both genders.