Terms of Service
This Agreement is between Dog Trainer J. Avery Gibbs of Ace Dog Academy, and the undersigned and below-named Participant. In consideration of the mutual promises contained in this Agreement and other good and valuable consideration, Ace Dog Academy and Participant agree to the following terms and conditions, intending to be legally bound
The undersigned known as "Participant," makes the following representations about Dog (check those that apply):
Participant is the only owner of Dog.
Dog is licensed, and the license is current.
Dog has been vaccinated against rabies, DHLPPC, and Bordetella and the vaccinations are current.
Dog is in good health.
Dog is not on medication.
Dog is not the subject of a quarantine order at this time.
Dog does not have to be muzzled around people.
Dog is not a guard dog or protection dog.
Participant wishes to participate in the Program and has requested the Services to be provided by Ace Dog Academy.
Participant acknowledges that Ace Dog Academy has provided no representations, guarantees or assurances with respect to the quality or delivery of the Program. Ace Dog Academy does not consider dog behavior consultation services to be an exact science. Each Participant and dog combination is different and therefore, NO RESULT IS GUARANTEED OR ASSURED UNDER THIS AGREEMENT.
Participant confirms that, except for that which is specifically written in this Agreement, no promises, representations or oral understandings have been made with regard to Dog or the Services to be provided. Without limiting the generality of the foregoing, Participant acknowledges that Ace Dog Academy has not represented, promised, guaranteed or warranted that Dog can be trained, that Dog will never bite, that Dog will not be dangerous or vicious in the future, that Dog will not exhibit other behavioral problems.
The Participant also understands and agrees that in order for training have the best chance for success with Dog, Participant must follow the instructions provided by Ace Dog Academy, including all homework assignments and instructions regarding how to train and work with Dog at home after formal training sessions with Ace Dog Academy. The Participant also understands and agrees that if Participant fails to follow the instructions provided to Participant by Ace Dog Academy for training Dog at home, the success of Dog’s training is limited and Ace Dog Academy may terminate this Agreement without further notice and without refund of the monies paid for Services. Also, if Participant conducts himself or herself or works with Dog in ways that are contrary to the instructions provided by Ace Dog Academy and in the professional opinion of Ace Dog Academy the conduct will jeopardize the
well-being of Dog, training, or enhance the aggressive or maladaptive behaviors of Dog, Ace Dog Academy may terminate this Agreement without further notice and without any refund of the monies paid for Services.
Participant agrees to sign the Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Indemnity Agreement”) attached hereto as Exhibit A and incorporated into this Agreement by this reference. Participant acknowledges that Ace Dog Academy and their agents, representatives, employees, and affiliates are materially relying on Participant’s agreement to the terms and conditions of the Indemnity Agreement in allowing the Participant to participate in the Program.
Although Ace Dog Academy makes every effort to protect and health and well being of every dog, unexpected events can occur. If Dog is injured in a dog fight or an accident, gets fleas, ticks or worms, contracts any illness or disease, is lost or stolen, during or after the term of this Agreement, on or off the site of the training, including the Ace Dog Academy premises, Participant accepts the risk of the same and agrees that Ace Dog Academy, and their agents, representatives, employees, and affiliates, shall not be held responsible for any resulting injuries, losses, damages, costs or expenses. Participant understands and agrees and hereby releases Ace Dog Academy, and their agents, representatives, employees, and affiliates from any and all claims, demands and actions, resulting from or related to personal injuries and/or damage to property, including injuries to dogs and/or humans, sustained while participating in activities with and involving Services, including all activities related to Services occurring off site of Ace Dog Academy premises, before or after actual Services are performed. Participant further agrees to assume to cost of veterinary care provided to Dog in the event of an emergency wherein Ace Dog Academy, in their discretion, believes Dog needs prompt medical attention. For non-emergent medical conditions, Ace Dog Academy will contact participant regarding veterinary services and the appropriate course of action, as well as costs. Participant agrees to allow Ace Dog Academy to make medical decisions for Dog’s welfare and to indemnify and hold harmless Ace Dog Academy for decisions made and care rendered for Dog’s physical well-being, including but not limited to all manner of veterinary care.
Twenty percent (20%) deposit of payment for Services must be made at the time the reservation for Dog is made and prior to commencement of Services. If Services are cancelled less than two weeks prior to commencement of Services, then the twenty percent (20%) deposit payment is non-refundable. However, the non- refundable amounts may be credited toward future Services.
Participant agrees that any images whether still or video of Participant and Dog taken by Ace Dog Academy or its agents, owners, officer, or directors, during the course of the Program and time periods associated with the Program, are and will continue to be for all time the exclusive property of Ace Dog Academy. Participant consents to the use of photographic images and videos of Participant and Dog by Ace Dog Academy for marketing, instructional purposes, including but not limited to social media, and for any other purpose.
If any portion of this Agreement is held invalid by a court of competent jurisdiction, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
This Agreement will be construed by West Virginia law. Venue for any and all disputes shall be in the County of South Charleston, West Virginia..
This Agreement is the entire Agreement between Participant and Ace Dog Academy. Any modification to this Agreement must be in writing, signed by both parties. This Agreement binds Participant, and Participant’s respective heirs, executors, representatives, successors and assigns.
I have carefully read this Agreement and fully understand its contents. I understand I have the right to consult with legal counsel prior to signing this Agreement. Checking the 'I Agree' box below constitutes and will be recognized as your legal signature
PARTICIPANT AND Ace Dog Academy, BY AND THROUGH THEIR DULY AUTHORIZED SIGNATURES, DO HEREBY AGREE TO ALL TERMS AND CONDITIONS STATED IN THIS AGREEMENT. Checking the 'I Agree' box below constitutes and will be recognized as your legal signature