H.A.T.S. 2024 Service Agreement and Liability Release
1. DEFINITIONS AND SERVICE AGREEMENT
(a) The following sections apply to all services provided by Dallas Kelley (hereby known as the Trainer) and Happy Animalz Training Service (hereby known as H.A.T.S.), including, but not limited to all in-person services and online services provided by H.A.T.S.
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(b) Additionally, the Client understands that any use of aversive tools will set back training and that using a choke, pinch, electric, spray collar or other aversive tools is prohibited.
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(c) H.A.T.S. reserves the right to terminate this contract (herby known as Agreement) at any time and for any reason including, but not limited to, the use of aversive training tools.
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(d) The Client acknowledges that the behavior of a moment-to-moment decision-making animal can never be guaranteed, and that the success of the Client’s dog or other pet (hereby known as Animal) is highly correlated to the amount of time the Client spends practicing the desired behaviors with the Animal and the degree of consistency the Client and the Client’s family members employ.
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(e) The Client understands that the Trainer will endeavor to create as safe an environment as possible for the Animal in all services and will offer only sound, safe and responsible training, training instructions, and care.
2. AUTHORIZATION OF EMERGENCY MEDICAL CARE.
If any animal health emergency occurs and neither the Client nor an Emergency Contact can be reached, the Client hereby authorizes the Trainer to obtain whatever emergency veterinary care for the Animal that the Trainer deems necessary. The Client shall check the box on the Intake Form showing they have read and agree to allow for this treatment. The Client also authorizes the Trainer to incur veterinary costs for the Animal in the Client’s name and will indemnify the Trainer from any liability arising from these charges.
3. INDEMIFICATION.
​(a) The Client acknowledges the inherent risks of owning an animal, including but not limited to the risk of animal bites to others, the Animal, and/or the Client. The Client also acknowledges that neither the Trainer nor H.A.T.S. is responsible for any unintentional errors, omissions or incorrect assertions and the Client agrees to remain responsible for the actions of the Animal at all times.
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(b) The Client hereby agrees to indemnify and hold harmless the Trainer and H.A.T.S. of any and all claims of injury, expense, costs or damages caused by the actions of the Animal while under the Trainer’s instruction or control and under the Client’s care as a result of following training instructions.
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(c) Without limiting the generality of the foregoing, the Client acknowledges that the Trainer has not represented, promised, guaranteed, or warranted that the Animal will never bite, that the Animal will not be dangerous or vicious in the future, that the Animal will not exhibit other behavioral problems, or that the results of the training will last for any particular amount of time.
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(d) The Client understands that the recommendation of any other product or service is not a guarantee of my satisfaction with that product or service.
4. LIABILITY RELEASE.
The Trainer is not responsible for:
(a) losses, fines, injuries, or deaths resulting from actions of the Animal;
(b) complications suffered by the Animal or the actions of the Animal while
unattended;
(c) costs, including but not limited to medical care and attorney’s fees, related to the Animal’ biting of another person or animal;
(d) liability related to transportation, veterinarian treatment, and expenses for the Animal; and
(e) expenses resulting from the Animal destructive behavior or soiling in the house.
5. AMENDMENTS.
No amendment to this Agreement will be effective unless it is in writing and
signed by both parties.​
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6. NOTICE.
Any notice or other communication provided for in or given under this Agreement to a party may be in writing and given in person. Otherwise, the communication may be by electronic means, including email or the New Service Form either of which must be verbally verified via phone call.
7. PAYMENT POLICY.
Payment is due in full on or before the date of the training session. The Client understands that, when signing up for a subscription service, they will not be granted access to the member pages until they have completed the purchase process and account set up. The Client understands that different subscription services provide different services and that some resources and services may not be available to them, depending on the subscription service(s) they purchase.
8. SCHEDULING AND CENCELATION POLICY.
The Client understands and agrees that any live lessons/services must be scheduled and/or canceled or rescheduled at least 48 hours before the scheduled lesson date/time or fees may apply.
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9. EFFECTIVENESS.
This Agreement will become effective when the Client checks the box found in sign up forms that verifies the Client read and agreed to the terms in this Agreement and/or signs this Agreement with a digital signature or a physical signature. The Client also understands that validating this Agreement via check boxes or signature(s) (both digital and otherwise) applies the terms of this Agreement to future services the Client may request.
10. ENTIRE AGREEMENT.
(a) This Agreement is binding upon Client, spouse of Client, and members of the Client’s household. 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. This Agreement may be amended only by a written instrument signed by both the Client and the Trainer.
(b) The Client confirms that, except for that which is specifically written in this Agreement, no promises, representations, or oral understandings have been made with regard to the Animal or anything else.
11. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to carry out the intent and purposes of this Agreement.
12. GOVERNING LAW
The laws of the state of Florida govern this Agreement (without giving effect to its conflicts of law principles).
13. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
14. SEVERABILITY.
If any provision contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, but this Agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this Agreement to be unreasonable.
15. HEADINGS.
The descriptive headings of the sections and subsections of this Agreement are for convenience only, and do not affect this Agreement's construction or interpretation.
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