PrivATE CONSULTATION & TRAINING
ASSUMPTION OF RISK. The undersigned (“you” or “Client”) acknowledges that they are voluntarily participating in dog training provided by HOLDEN K9, LLC with knowledge of the potential dangers. Client represents that they are the owner or guardian of the dog(s) identified in this Agreement. You acknowledge that dogs are unpredictable animals with their own wills and drives, and therefore, regardless of training, handling, or environmental circumstance, HOLDEN K9, LLC cannot protect against every potential injury, risk or accident to you, to other persons participating in the training or on the property where the training is taking place, or to dogs. These may include dog attacks, dog bites and the responsive actions and complications that arise from them, and you understand and acknowledge that such risks are inherent and cannot be eliminated. This Agreement is intended to shift the risk of participating in dog training to you. Do not sign it unless you are willing to assume the risk to yourself, your dog, and others accompanying you of your participation in dog training, including the associated risks of bodily injury, death or property damage while participating in the dog training and related activities on the property of HOLDEN K9, LLC, in your own home, or in any public or private space.
RELEASE OF LIABILITY. Client agrees that in consideration for being permitted to participate in dog training provided by HOLDEN K9, LLC, and/or to use any of HOLDEN K9, LLC’s facilities in connection with dog training, Client, for himself/herself, and his/her heirs, next of kin, executors, and personal representatives (collectively, “Releasors”), assumes the entire risk associated with participating such an activity and waives, releases, discharges and covenants not to sue HOLDEN K9, LLC, its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers or other representatives, their successors and/or assigns and (collectively, “Releasees”), from any and all liability to Releasors for any loss, harm, damage, claim, injury (including death) or accident to the person or property of Client, Client’s dog, and any other persons accompanying Client at the dog training, including any minor children, arising out of or related to participating in dog training or using any facilities or equipment of HOLDEN K9, LLC, even if caused by any negligent act or omission of Releasees. Nothing herein is intended to release Releasees from any harm, injury, claim or damage caused by intentional, wanton or reckless misconduct.
INDEMNIFICATION. You agree that you are and will be responsible for your conduct and the conduct of your dog and others accompanying you (including minor children) at all times. You agree to indemnify and hold harmless HOLDENK9, LLC its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers and other representatives, their successors and/or assigns and (“HOLDEN K9, LLC Personnel”), from any and all claims of injury (including death), loss, cost, expenses, or damage to persons, dogs, or property caused by the acts or omissions of you, your dog, and any other persons accompanying you, including any minor children, during the course of training or related activities, as well as by the conduct of your dog under your own care as a result of following training instructions. This provision applies whether the claims are made by you, members of your family, your accompanying guests, HOLDEN K9, LLC Personnel, or third parties. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon arbitrator in Massachusetts. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed upon arbitrator in Massachusetts. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
NO GUARANTEE OF RESULTS. You recognize that the role you play in your dog’s learning process is integral to achieving desired results. You acknowledge and agree that there is no guarantee that your dog will achieve the desired level of training, despite the best efforts of HOLDEN K9, LLC. You further understand that the recommendation of any other product or service by HOLDEN K9, LLC is not a guarantee of satisfaction with that product or service.
PHOTO RELEASE. Photos and videos are sometimes used for educational and marketing purposes for clients, on social media, and at professional conferences. By enrolling in services, you give HOLDEN K9, LLC permission to publish in print, electronic, or video format the likeness or image of you, your dog and/or your property via video and photos shared by you or recorded during sessions. You release all claims against HOLDEN K9, LLC with respect to privacy rights, publicity rights, copyright ownership and publication, including any claim for compensation related to use of the materials. Photos and videos of minor children will not be shared without further written express permission.
SAVINGS CLAUSE. You expressly agree that the foregoing assumption of risk, release, waiver, and indemnity provisions are intended to be as broad and inclusive as permitted by applicable law, and that if any portion thereof is held invalid, you agree that the remaining provisions will continue in full force and effect. VACCINATIONS. By enrolling in services, you agree you are the legal guardian(s) of student dog(s) enrolled in private training with HOLDEN K9, LLC and that all dogs owned are up to date on vaccinations including Rabies and DHPP. You are also in agreement with RELEASE/WAIVER OF LIABILITY as stated above.
BITES. You agree you have given an accurate history of the dog’s past bites, frequency and severity of any injuries incurred to dogs, people and/or other animals to the best of your knowledge. You understand that HOLDEN K9, LLC personnel make every effort to avoid bites and you are obligated to report any bites to appropriate animal control authorities in your state, county or province that meet the criteria for a report. You agree that you are familiar with applicable dog bite laws in your state, county or province.
CANCELLATIONS/REFUNDS. Cancellations must be made, in writing, at least one week in advance. Cancellations made one week in advance will be refunded less applicable PayPal/Venmo fees (~3%). Cancellations or re-schedules made less than one week in advance will carry a $75 processing fee.
KNOWING AND VOLUNTARY EXECUTION. By signing below, you declare that you are at least 18 years of age and competent to agree to this Agreement. You acknowledge that you have carefully read all pages of this Agreement, understand its contents, and agree to be bound by its terms. You specifically understand that this Agreement includes an assumption of the risk of HOLDEN K9, LLC’s negligence and a release of HOLDEN K9, LLC’s liability.