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Lessons and Service Fees
Client may select any Services offered by the Trainer and enrol, with the Dog, for the selected Services and pay the fees for the selected Services subject to these Terms and Conditions. The fees and details of the Services may be updated by Trainer from time to time without prior notice to Client.
Client shall pay the total amount of fees due in respect of the selected Services in advance.
Client is advised to arrange at least one lesson per week with Trainer.
Client acknowledges that some Services will take place in a group class setting, and that Client and Dog will be trained in an environment with other un-trained, and potentially aggressive dogs and their owners.
Intellectual property rights/Media Release
Client grants to Trainer, and/or its representatives, employees, contractors and agents (Trainer’s Personnel) the right to take photographs and/or video clips of Client and/or Dog, and to copyright, use and publish the same in print and/or electronically. Client agrees that Trainer may use such photographs and/or video clips of Client and/or Dog with or without Client’s and/or Dog’s name and for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising, and internet content.
Vaccinations and Medications.
Prior to the commencement of lessons, Client shall provide Trainer with proof that Dog has been vaccinated against rabies, leptospirosis, distemper, hepatitis, parvovirus and parainfluenza, and has completed a faecal test (within the last 6 months).
Dog must be heart-worm negative and on heart-worm preventive medication, and on flea/tick preventive medication. Any medications to be administered to Dog during training shall be provided by and at the expense of Client.
Prior to the commencement of Services, copies of all vaccination records declared by Client in the vaccination shall be provided by Client to Trainer. Client represents and warrants to Trainer that the vaccination and medication records of Dog specified in the Vaccination and Medication Records are accurate and complete.
Spaying and Neutering
Client must inform Trainer if Dog is spayed or neutered. Trainer will not take a female dog in heat as this may disrupt the training process.
Client agrees the following:
A) If the Dog requires non-emergency veterinary care during the course of training, Trainer will make reasonable efforts to contact Client so that Client can obtain veterinary care for the Dog.
B) If the Client cannot be contacted or is unable to attend to the Dog’s need for veterinary care, or in the case of an emergency, Trainer may arrange for veterinary care for the Dog on behalf of the Client.
C) If reasonably possible, Trainer will take Dog to its regular veterinarian, failing which Trainer reserves the right to take Dog to a veterinarian selected by Trainer, using reasonable care in the selection of a veterinarian.
D) Client shall arrange all other veterinary care when necessary and possible. Trainer’s time and transportation expenses will be reimbursed by Client.
E) Unless the medical condition or emergency results directly from negligence on Trainer’s part, Client will be responsible for and reimburse Trainer for any and all veterinary expenses involved in treatment, medications, hospitalization.
In the event that the Client fails to disclose any medical issues with Dog which are within Client’s knowledge, Trainer may terminate the Services and these Terms and Conditions immediately. In these circumstances, all fees will be non-refundable and any outstanding fees will remain payable to Trainer.
Client represents and warrants that Dog does not participate in any pet or dog shows and that Client does not generate revenue or income from Dog’s performance and that Client does not intend, plan or anticipate that Dog will generate revenue or income for Client in the future.
Client represents and warrants that the Dog will remain current with rabies vaccinations throughout the duration of the Services. Client represents and warrants that the Dog receives regular heartworm testing and monthly heartworm prevention and will continue to do so throughout the duration of the Services. Trainer reserves the right to request veterinary records from Client at all times throughout the Services.
Client represents and warrants that all information which Client provides to Trainer in relation to himself/herself and Dog is true, accurate, current and complete. Client shall promptly advise Trainer of any changes to the information provided in the Vaccination and Medication Records. If Client provides any information that is untrue, inaccurate, not current or incomplete, or Trainer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Trainer reserves the right to suspend or terminate Client’s use of the Services and to refuse any and all current or future provision of the Services (or any portion thereof) without any refund.
Client represents and warrants that Client has disclosed to Trainer any and all behavioural issues relating to Dog, in particular any dangerous temperament Dog may have, and Client expressly agrees to advise Trainer promptly should this warranty become untrue or inaccurate. Client hereby indemnifies Trainer for any and all losses suffered arising from or connected with Client’s failure to make the required disclosure to Trainer.
Client acknowledges and agrees that Client is at all times responsible for the actions of Dog. If Dog causes property damage, or bites or injures any dog, animal or person (including but not limited to the Trainer and the Trainer’s Personnel), during or after the term of the Services, then Client agrees to assume the risk and to pay all resulting losses and damages suffered or incurred.
Client acknowledges and agrees that, if Dog is injured in a dog fight or an accident, contracts fleas, ticks or worms, contracts any illness or disease, is lost or stolen, becomes pregnant, or engages in any dangerous, vicious or unwanted behaviour, during or after the Services provided by Trainer, Client accepts liability for such events and agrees that Trainer shall not be liable for any resulting injuries, losses, damages, costs or expenses.
To the fullest extent permitted by law, Client agrees to indemnify, defend, and hold harmless Trainer, and Trainer’s Personnel from and against any and all claims, damages, losses, or penalties, including, but not limited to, medical expenses, attorney’s fees and costs, arising from or related to injuries or damages to persons or property caused by the Dog, including, but not limited to, injuries to Trainer, Trainer’s Personnel or third parties and damage to property owned by Client, Trainer, Trainer’s Personnel or third parties.
Limitation of Trainer liability
Client acknowledges and agrees that all behavioural advice and training recommendations are provided at Client’s own risk. Use of this information is voluntary, and Trainer is not responsible for injury to any person or animal. Trainer will take reasonable and necessary precautions during the training process.
Client acknowledges and agrees that the elimination or modification of Dog’s behaviours is not guaranteed. Client acknowledges that dog training may not provide precise results and that failure to follow professional advice given to him/her by Trainer may result in an escalation of behaviour and training issues. Client further agrees to accept responsibility for any damages Dog may cause through malicious, aggressive or improper behaviour that may occur before, during or after the Services provided by Trainer.
If Client fails to give at least 24 hours’ notice of cancellation of a lesson in writing (including via email, WhatsApp and other communication methods agreed between the Parties) or is not present at the scheduled appointment time and location for any lesson, such lesson will be treated as a used lesson and shall not be refundable.
In the event of cancellation of a lesson due to the Dog having a medical emergency, where Client provides Trainer with written confirmation of the medical emergency from a veterinarian, the fees for that lesson will be refunded by Trainer.
Client acknowledges and agrees that, notwithstanding any other provision of these Terms and Conditions, the Trainer’s liability under these Terms and Conditions is limited to the aggregate total amount fees paid by Client for the Services to the Trainer under these Terms and Conditions, less the total of any and all claims of the Trainer may have against the Client arising under or in connection with these Terms and Conditions.
All fees must be paid in full prior to Services being delivered. All fees paid for lessons are non-refundable. If Client decides not to complete any lessons or the Services which he/she has purchased, no partial refunds will be given unless otherwise agreed in writing between Parties.
At the Trainer’s sole election, Trainer’s obligations hereunder shall terminate if:
- in the Trainer’s sole judgment Dog is vicious or hazardous to Trainer, trainer’s personnel or any other person or animal, or interferes with the training of other dogs, or
- the Client breaches any provision of these Terms and Conditions.
Upon such and election by Trainer, Trainer’s obligations shall terminate but all other provisions of these Terms and Conditions shall continue in full force and effect
These Terms and Conditions may be amended by the Trainer, without prior notice to Client, from time to time.
Any dispute, controversy, difference or claim arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre in force when the notice of arbitration is submitted which rules are deemed to be incorporated by reference in this clause. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Hong Kong.
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