Release, Waiver of liability, Assumption of Risk and Indemnification Agreement (The "Agreement")
THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE OWNER(S) OF ANY GOHLD K9 LOCATION OR RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ UNDERSTAND IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
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Media & Publicity Release
Client grants permission to GOHLD K9, Paige Gohl, its agents and employees and to any person, company or organization that GOHLD K9 may designate or authorize, to take photographs, audio recording, or videos of client, client’s dog, and anyone whom client brings to classes/lessons. This consent includes the use of such photographs, audio recording, or films with or without my name or biographical data concerning me, GOHLD K9 or another party on its behalf, without limitation as to time or frequency of use, for any or all of the following purposes: 1. Release to media including newspapers and television, 2. Educational or instructional purposes, 3. Publicity, and 4. GOHLD K9 presentations, and related uses such as web content, social media and emails.
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Vaccinations
Client states that Dog has been currently vaccinated for Rabies virus as outlined and required by Illinois State Law, and has been currently vaccinated for distemper virus, parvovirus, and bordetella virus as recommended by their veterinarian.
Client states that Dog is under the routine care of a licensed veterinarian and has been declared medically healthy by the veterinarian to participate in training.
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Client’s Assumption of Risk
All behavioral advice and training suggestions are provided at the client’s own risk. Use of this information is voluntary and Trainer, GOHLD K9, and its owner(s), employee(s), or agent(s) are not responsible for injury to another human or animal. The client is at all times responsible for the actions of their dog. GOHLD K9, Trainer and its owner(s), employee(s), or agent(s)are not responsible for any injuries or expenses resulting from socialization or training. Dogs participating in physical exercises may be injured by running, jumping, chasing a ball etc. Client hereby indemnifies and holds harmless GOHLD K9, Paige Gohl, and its owner(s), employee(s), or agent(s).
Client acknowledges that the Trainer’s Premises, or any other location deemed appropriate by Trainer, and the animals, guests, items and activities thereon, pose dangers to people and animals. Such dangers include, by way of example and not limitation, animals that can bite, trip, knock down, and fight, indoor and outdoor surfaces that may be slippery, or uneven, equipment that can trip, guests and clients who cannot control their dogs, and activities involving Dog, other dogs that can result in injury from bites or other causes. The Client, on behalf of him/her, his/her spouse/partner and minor children, and anyone else whom Client brings onto Trainer’s Premises, or any other location deemed appropriate by Trainer, assumes the risk of injuries, losses, damages, costs and expenses by any means above described, and other injuries, losses, damages, costs and expenses of every possible cause and description, and agrees to hold harmless and release Trainer, GOHLD K9, Paige Gohl, and its owner(s), employee(s), or agent(s)for any resulting injuries, losses, damages, costs or expenses.
Client assumes the risk, should the Dog be injured in any manner, including fight or altercation with another dog or animal, or accident, gets fleas, ticks or worms, contracts any illness or disease, be lost or stolen, become pregnant, or engage in any dangerous, vicious or unwanted behavior, during or after the term of the Agreement, on or off the Trainer’s Premises, or any other location deemed appropriate by Trainer, and agrees to hold harmless and release Trainer, GOHLD K9, Paige Gohl, and its owner(s), employee(s), or agent(s)for any resulting injuries, losses, damages, costs or expenses.
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Client’s Liability
If Dog causes property damage, or bites or injures any dog, animal or person (including but not limited to Trainer and Trainer’s agents), during or after the term of this Agreement, then Client agrees to pay all resulting losses and damages suffered or incurred, and to defend and indemnify Trainer and Trainer’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees.
Client agrees to release the Trainer, GOHLD K9, Paige Gohl, and hold harmless its owner(s), employee(s), or agent(s) from any responsibility and/or liability for injuries, conditions, illness, escape or loss of life to the above named dog that may occur during training, transportation or competition.
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Termination
At Trainer’s sole election, Trainer’s duties, hereunder shall terminate if (a) in Trainer’s sole judgment Dog is dangerous or vicious to Trainer or any other person or animal, or interferes with the training of other dogs, or (b) Client breaches any term or condition of this Agreement. Upon termination in accordance with the foregoing, Trainer’s duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.
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Legal Provisions
This Agreement is binding upon Client, spouse of Client, and children of Client. This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between Client and Trainer regarding the matters described above. The parties confirm 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 anything else. Without limiting the generality of the foregoing, Client acknowledges that Trainer has not represented, promised, guaranteed or warranted that Dog will never bite, that Dog will not be dangerous or vicious in the future, that Dog will not exhibit other behavioral problems, or that the results of the training will last for any particular amount of time. This Agreement may be amended only by a written instrument signed by both Client and Trainer.
GOHLD K9 is not responsible for lost or misplaced dog leashes, harnesses, collars and other personal belongings.
Abandoned Dogs. You may not leave your dog(s) at boarding after the scheduled pickup time without prior communication with GOHLD K9 staff. If you leave your dog(s) at boarding without any contact, instruction or notification regarding pick up, your dog(s) will be deemed “Abandoned” at 7:00 P.M. on the seventh(7th) day after the scheduled pick up date. If your dog(s) is abandoned at boarding, GOHLD K9 will become its legal owner and guardian. GOHLD K9 will, in its sole discretion, determine whether to re-home the dog or relinquish it to a shelter or rescue of GOHLD K9’s choice. YOU FULLY UNDERSTAND AND AGREE THAT IF YOU ABANDON YOUR DOG(S) , YOU MAY BE UNABLE TO RETRIEVE POSSESSION OF YOUR DOG(S) AND WILL HAVE NO RECOURSE AGAINST GOHLD K9.
Duty to Disclose
You must disclose on a continuing basis, any and all medical or other conditions, including but not limited to personality concerns or behavioral incidents that may affect, limit or prevent your dog(s) ability to participate in any activity or services. In the event of a material change to the information you provided in this application you agree to submit a new application within 7 days.
ACCEPTANCE AND ACKNOWLEDGMENT OF RISK. YOU FULLY UNDERSTAND THAT: (a) THERE ARE INHERENT AND POTENTIAL RISKS INVOLVED WITH INTERACTIONS BETWEEN HUMANS AND DOGS, AS WELL AS BETWEEN DOGS AND OTHER DOGS, WHICH MAY RESULT IN PROPERTY DAMAGE OR BODILY INJURY, INCLUDING BUT NOT LIMITED TO, PERMANENT DISABILITY, SICKNESS OR DEATH TO HUMAN OR DOG; AND (b) THERE MAY BE OTHER RISKS NOT KNOWN TO YOU OR GOHLD K9 NOR READILY FORESEEABLE AT THIS TIME( COLLECTIVITY, “RISKS”). YOU FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR ALL RISKS, INCLUDING, WITHOUT LIMITATION, ALL LOSSES, COSTS AND DAMAGES INCURRED AS A RESULT OF YOUR DOG(S) PARTICIPATION, INCLUDING ANY VETERINARIAN EXPENSES LISTED IN SECTION BELOW. “SICKNESS” INCLUDES ANY ILLNESS INCLUDING BUT NOT LIMITED TO BORDETELLA (KENNEL COUGH), BLOAT, CANINE FLU, OR ANY OTHER FORM OF CONTAGIOUS DISEASE.
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Immunization Records
You agree to provide veterinary records to GOHLD K9 upon request, and you hereby grant GOHLD K9 permission to request and obtain veterinary records directly from your designated veterinarian, if GOHLD K9 is unable to obtain necessary records from you. By signing above, you expressly authorize your designated veterinarian to release health and treatment information and immunization records to GOHLD K9 staff upon request. You may revoke this authorization at any time upon written notice to your designated veterinarian and GOHLD K9.
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WAIVER, RELEASE AND INDEMNIFICATION. YOU HEREBY AGREE TO EXPRESSLY AND FOREVER GENERALLY WAIVE, DISCHARGE CLAIMS, INDEMNIFY, RELEASE FROM LIABILITY, SAVE, HOLD HARMLESS AND DEFEND GOHLD K9, their invitees, owners, officers, directors, employees, contractors volunteers, agents, representatives, lessors, and all others having an interest in any GOHLD K9 party (collectively, the “Releasees”) from and against ANY AND ALL INJURY, LIABILITY, CLAIMS, LITIGATION, ACTIONS, SUITS, COSTS, LOSSES, DAMAGES, ATTORNEY’S FEES, EXPENSES OR DEMANDS OF EVERY CHARACTER WHATSOEVER on account of arising out of, resulting from or relating in any way to (i) any act or omission of the releasees, (ii) your dog(s)’ participation at any GOHLD K9 location or services, or otherwise. YOU AGREE THAT THIS RELEASE IS BINDING ON YOU AND YOUR SUCCESSORS, HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS. YOU ALSO EXPRESSLY AND FOREVER RELEASE GOHLD K9 FROM ANY DUTY TO PROTECT YOU OR YOUR DOG(S) FROM INJURY OF ANY KIND, AND AGREE THAT ANY IMPLEMENTATION OF SAFETY PRECAUTIONS BY GOHLD K9 WILL NOT WAIVE GOHLD K9’S RIGHT TO BE INDEMNIFIED AS PROVIDED HEREUNDER, AND SUCH PRECAUTIONS WILL NOT ALTER THIS RELEASE. YOU AGREE THAT THIS CONSTITUTES A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF GOHLD K9 TO THE GREATEST EXTENT PERMITTED BY LAW, AND THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
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By signing below, you represent and warrant that all the information provided in this Application is complete and accurate to the best of your knowledge. You consent to GOHLD K9 use of such information for all lawful business purposes which includes, but is not limited to, providing GOHLD K9 services to you, operating the GOHLD K9 business, marketing to you, communicating with you regarding your dog(s), and using data that includes information about you and your dog(s) for marketing or other purposes. You further acknowledge and agree that you have read, understand and agree to all the terms and conditions contained in the Agreement above, as they may be amended from time to time. You hereby execute this Agreement for your dog(s), yourself and your heirs, successors, representatives and assigns. You further attest that if you are not the owner or sole owner of the dog(s) for whom this Application has been completed, your signature is sufficient to enter into this Agreement for and on behalf of any other owner or representative. You consent to the use of electronic signatures, and agree that a true and correct copy of this document may be produced in lieu of the original Application. Should a copy be produced, you agree that it is legally enforceable and does not affect the terms of the Agreement in any way. You acknowledge and agree that your dog(s) will be playing with dogs from other families while in the care of GOHLD K9. No amendments, modifications, or supplements to this Application and Agreement shall be valid unless in writing and signed by both parties.
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Group Class
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Training Fees
Client agrees to pay Trainer non refundable fees in the amount of $180.00 for group class consisting of 6, 50-60 minute group class lessons. Payment of $180.00 by cash, or check, vaccination paperwork, and a signed copy of contract, are due the first class hour lesson . There will be a $30.00 fee for all returned checks. There will be additional fees for any additional leashes, collars, harnesses, training equipment, treats or other items.
Classes have a minimum of 3 dog policy and if class does not meet the minimum number of dogs then clients will be switched to a different class or put on a list for the next course.
Registration of classes is required before the start date of class to manage the number of dogs per class. If the number of dogs is greater than 10, trainer may add an additional class to spread out dogs and clients.
Services
Trainer agrees to provide group class lessons to Client and Dog on a lesson-by-lesson basis, the goal being to teach the Client how to train and work with the Dog in basic obedience or other working/sports dog skills. These lessons will take place at 1112 Front Street McHenry, Illinois 60050 or other location deemed suitable by Trainer. Trainer will make every reasonable effort to assist Client in achieving basic obedience or other training goals, but makes no guarantee of Dog’s behavior or performance as a result of providing professional animal behavior consultation. Client understands that he/she and members of the household must follow Trainer’s recommendations without modification, work with the dog daily as recommended and consistently reinforce training being given to Dog.
Client understands that these lessons take place in a group class setting, and that client and dog will be training in an environment with other un-trained, and potentially aggressive, dogs and clients.
Client understands that it is their responsibility to set up a daily living environment for Dog that encourages Dog to practice appropriate behaviors and not allow Dog to be placed in situations where inappropriate or dangerous behaviors can be practiced. Client understands that this may include, but not be limited to, making modifications recommended by Trainer to their home, lifestyle and/or the way they and others interact with Dog, and understands that the modifications may last the life of Dog. Client understands that behavior change is a process that takes time, and client commitment, that often extends beyond the length of this contract.
Client understands that it is his/her responsibility to be on time for scheduled lessons. Group class lessons are held on a set 50-60 minute scheduled basis, and the trainer's obligation for the scheduled lesson ends at the completion of the scheduled group class hour.
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Cancellation Policy
Group class lesson fees are non-refundable. Trainer reserves the right to cancel group class lessons due to weather, illness, extenuating circumstance or Acts of God. Trainer will offer makeup classes for classes canceled by trainer.
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Etiquette
It is the Client’s responsibility to clean up after themselves and their dog, including all dog’s waste, and dispose of it in the provided waste disposal receptacles.
Smoking is not permitted on Trainer’s premises, or other training locations, before, during or after classes and lessons.
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Board & Trains
1. A non-refundable deposit of 25% is required to hold selected dates. Remainder of payment due at time of drop-off of dog at trainers facility.
2. I understand that by agreeing to payment I have committed to the full length of the
training program as stated in the description of services above. I understand that I am
responsible for payment in full regardless of whether I choose to complete the training
3. Cancelation Policy: Non- refundable, no-transferable. Owner has the right to pick-up dog before above noted departure date and in so doing agrees to forfeit unused training fees and/ or pay remaining balance in full upon pick-up
4. Grooming services billed separately.
hereby retains GOHLD K9 to train
Dogs name
[the "Dog(s)"] under the following terms and conditions:
Training
The Trainer will work with your dog a minimum of two (2) sessions per training day.
The total amount of training time will always be such that the Trainer keeps the dog on track to achieving goals.
Owner understands and agrees that the length of training required, and what can be accomplished, depends in part on the Dog's prior experience and capacity to learn.
Owner also understands and agrees that 7 days of training is not adequate to ensure off-leash reliability. Owner will be required to do follow up training to reach that goal.
The skills worked on in the Board & Train will be: Loose leash walking, Heeling, Sit on verbal and signal, Down on verbal and signal, Sit-Stay, Down-Stay, Come when called and Leave lt. Once basic skills are in place Trainer will work to incorporate these skills into real-life scenarios, such as: Sit-stay as a door is opened; Leave It while passing another dog.
Trainer may take Dog to locations other than GOHLD K9 facility as appropriate to achieve training goals.
Evaluation
The Trainer will give progress reports at the Transfer Session scheduled for the Dog's go-home day, will review with the owner training to be implemented at home to maintain training goals. If Dog has not met some goals, Trainer will also review whether these goals can be met with additional training (additional cost may be required) or with follow up at home.
Maintenance
The Owner understands that the training will result in the Dog responding to the Trainer, and that the Dog may not initially respond as reliably to the Owner. To ensure Dog's response to owner, owner agrees:
To understand and apply the basic principles of training as described and demonstrated in the transfer session.
To use the cues (commands) supplied by Trainer.
To practice with the Dog daily (10 minutes a day, 6 days a week)
To integrate training into daily life (as described by Trainer) so as to support behavior goals.(not inadvertently punishing the good behavior and rewarding the bad.)
To follow training and management advice as given by Trainer including training tools.
Transfer Session to show Owner Dog's new skills, and to instruct owner how to practice and how to integrate those skills into daily life.
Payment is Not Refundable No refunds are available on Board & Train Packages. Trainer will be available for phone calls and emails after the Board & Train to help the owner maintain training.
Aggression
Owner expressly represents and warrants that Owner has disclosed to the Trainer in writing (e.g. in the Intake Form and others) any aggression shown by the Dog, towards dogs or people, including but not limited to: growling, snapping, barking, hackling up, staring, lunging, chasing, and biting. Owner understands and agrees that true Aggression can not be "fixed" and requires strict management throughout the dog's life to ensure everyone's safety.
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Liability
All behavioral advice and training suggestions are provided at the Owner's own risk. Use of this information is voluntary and neither GOHLD K9, its employees nor Trainer is responsible for injury to another human or animal. Owner expressly understands, acknowledges and agrees that Owner is at all times responsible for the actions of the Dog(s) Further, Owner, and not GOHLD K9, its employees nor Trainer is responsible for any injuries or expenses resulting from socialization or training of the Dog(s)
Owner further understands and acknowledges that dogs participating in physical exercises may be injured by running, jumping, chasing a ball etc. Accordingly, Owner expressly hereby promises and warrants that owner shall indemnify and hold harmless GOHLD K9, its employees, and Trainer for any and all such injuries.
Photo and Video Release
Owner hereby grants GOHLD K9 the absolute right and permission to copyright, use, re-use, publish, and republish videos, photographic portraits or pictures of my pets (listed above) taken during animal behavior consultations, training sessions, and in relation to other animal-behavior contexts. The photos and videos may be used for advertising, marketing, educational, trade, or any other purposes whatsoever.
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Emergency
I authorize Emergency medical care to be provided for my dog by Companion Animal Specialty and Emergency, or an appropriate alternative to be determined by GOHLD K9 in the event that the regular veterinarian is not available or that closer care is required. I understand and am responsible for any and all veterinary costs and agree to reimburse GOHLD K9 for any charges related to emergency care. I authorize GOHLD K9 to administer and seek first aid and resuscitative care for my dog as determined appropriate by GOHLD K9 and I agree to indemnify and hold harmless GOHLD K9 for any and all results thereof.
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Boarding
In consideration for your dog(s) being permitted to come to boarding or use any GOHLD K9 services, you agree to all of the policies, procedures, release, terms and conditions. The following Agreement will apply at each GOHLD K9 location regardless of ownership, as well as to GOHLD K9 and its affiliates, employees, owners, agents and representatives.
All Dog(s) must
a. Be current on Rabies, Distemper, Parvo, Bordetella, and any other required vaccinations;
b. Be at least 2 months of age;
c. Be in general good health and free of ticks and fleas;
d. Meet all municipal and state licensure and other requirements;
e. Be leashed when entering and exiting GOHLD K9 property
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A non-refundable deposit of 25% is required to hold selected dates. Remainder of payment due at time of drop-off of dog at trainers facility.
Food. Dog(s) will be fed in accordance with the instructions provided by the owner.
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Personal Property
GOHLD K9 WILL NOT BE LIABLE FOR ANY LOST, STOLEN OR DAMAGED PERSONAL PROPERTY BELONGING EITHER TO YOU OR YOUR DOG(S). IF YOUR DOG(S) CAUSES ANY PERSONAL PROPERTY DAMAGE TO BOARDING, THE SITE WHERE IN-HOME SERVICES ARE PROVIDED OR OTHERWISE, YOU WILL BE LIABLE FOR THE FULL COST OF ALL REPAIRS AND REPLACEMENTS.
Fees. You must pay for all services and products by credit card, cash or check. All payment is due at the time you drop off your dog(s) for boarding or at the time in-home pet care services are completed. You give your express permission for GOHLD K9 to charge any credit card you provided for unpaid services or products upon the date services were supposed to have been completed. You further agree to pay any collections costs and the cost of any returned or challenged check or debit charges.
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Training and Temperament Tests
You hereby consent to GOHLD K9’s use of your dog(s) for staff training, dog training, and new dog(s) temperament tests while your dog(s) is in our care.
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Reservation, Cancellation and Refund Policy
Reservations must be made in advance to secure your boarding dates and times. Owners must let GOHLD K9 know 24 hours in advance for cancellations. Refunds will not be given.
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Veterinary Care
GOHLD K9 will have the right to obtain medical treatment for your dog(s), if, in GOHLD K9’s sole discretion, it appears that your dog(s) may be ill, injured or exhibits any other behavior that would reasonably suggest that your dog(s) may need medical treatment. Reasonable efforts will be made to contact you when GOHLD K9 determines that medical treatment is necessary, but if GOHLD K9 is unable to contact you or your emergency contact, GOHLD K9 and the veterinarian may rely on contract as your consent to treat your dog(s). You hereby grant the veterinarian and GOHLD K9 the right to make medically necessary decisions for your dog(s) treatment from the veterinarian provided in the application (“Designated Veterinarian''), but will have the right to seek veterinary treatment from an alternative veterinarian if:(i) the dog(s) needs urgent care and another veterinarian is closer, (ii) GOHLD K9 is unable to reach the Designated Veterinarian, or (iii) GOHLD K9 is unable to transport the dog(s) to the Designated Veterinarian. If a dog(s) passes away, it will be brought to its or the nearest veterinarian. In the event your dog(s) is injured during routine play, we presume that no dog(s) is at fault, and YOU AGREE TO BE FULLY RESPONSIBLE FOR ALL RESULTING COSTS RELATED TO ANY MEDICAL TREATMENT FOR YOUR DOG(S), INCLUDING WITHOUT LIMITATION, THE COST OF ANY TRANSPORTATION FOR THE PURPOSE OF SUCH TREATMENT. If GOHLD K9 staff determines, in their sole discretion, that your dog(s) caused the injury or death of another dog(s) outside of routine play, YOU WILL BE FULLY RESPONSIBLE FOR ALL COSTS RELATED TO ANY MEDICAL TREATMENT FOR THE INJURED DOG(S), INCLUDING WITHOUT LIMITATION, THE COST OF ANY TRANSPORTATION FOR THE PURPOSE OF SUCH TREATMENT. You agree that GOHLD K9 may release your name and phone number to the injured dog(s) owners to arrange payment for the same.
