Pawsitively Trained LLC
Waiver of Liability, Photo Release, Policies, and Veterinary Consent Agreement
I understand that this Agreement is an important legal document. By clicking on “I have read and agree to the above Client Agreement”, I am waiving legal rights I may have against Pawsitively Trained LLC (“Pawsitively Trained”) and others.
I also understand that I have the opportunity to review this Agreement with an attorney of my choice. I can print a copy of this document. By clicking on “I have read and agree to the above Client Agreement” and registering for training or other activities through Pawsitively Trained, I agree to the following terms and conditions.
Waiver of Liability
I understand that the behavior of animals cannot be guaranteed. I am aware that there are inherent and unavoidable risks and hazards involved in participating in activities with and around animals, and I am voluntarily participating in these activities with knowledge of the potential dangers.
I acknowledge that animals can be inherently difficult to control and that not all animals will be under control at all times resulting in the possibility of injury to myself, my animal, my family members, or third parties or property damage. I am aware that any animal, regardless of training, handling, or environmental circumstances, is capable of inflicting serious personal injury or death, as well as extensive property damage.
In addition, I understand that Pawsitively Trained does not make any representations or warranties about other people who are participating in group classes or about any other person or animal whom I may encounter in connection during training and other activities.
Further, many Pawsitively Trained classes, private trainings and other activities include visiting locations not within the control of Pawsitively Trained, such as public parks and other businesses. I acknowledge that I may encounter a variety of hazards at these locations as well.
I acknowledge that the foregoing is not an exhaustive list of the risks, hazards and dangers I may be exposed to as a result of training and other animal-related activities, and I voluntarily and freely accept and assume these and all such other risks, hazards and dangers inherent or otherwise which I may encounter or be exposed to. I have had full opportunity to discuss all concerns I have about these risks with Pawsitively Trained’s authorized representatives. I have also made all inquiries and investigations to my satisfaction related to such risks.
Knowing the risks, I agree to accept, and I assume, without reservation, all risks associated with my participation in Pawsitively Trained animal training and other activities, including, but not limited to the risks of any and all injuries to myself, my animal and any of my family members or third parties who may attend, damage to my personal property, and the risk that my animal may cause injury to other persons, animals or property while training.
As lawful consideration for participating in the Pawsitively Trained classes, private trainings or other activities, I, for myself, my heirs, executors, administrators, legal representatives, successors and assigns hereby waive, release, discharge and agree not to sue and to indemnify, defend and hold harmless Pawsitively Trained and its members, managers, owners, agents, and employees, as well as the property owners and managers of the locations of classes, private training, or other activities (“Released Parties”) from any and all injuries, losses, claims and damages to any person(s), animal(s), or property of any nature whatsoever (except those arising from the gross negligence or willful misconduct of the Released Parties), and all costs associated therewith, including but not limited to reasonable attorney’s fees and court costs (at arbitration, on trial, or on appeal) arising from my participation in Pawsitively Trained classes, private trainings and other activities.
Photo Release
Pawsitively Trained often takes photos and videos of animals and handlers during training sessions, and it sometimes shares these photos and videos via social media and its website. I grant full permission to Pawsitively Trained to use any such photographs or video recordings for any purposes, including but not limited to promotion of Pawsitively Trained’s services, through any and all media now known or hereafter created, in perpetuity, throughout the world.
Policies
Vaccination. Puppies are required to have their first set of shots - DHPP (or equivalent) and Bordetella - prior to starting group classes or private training outside of the home. Puppies enrolled in private sessions may start in-home training prior to being vaccinated. Dogs over 6 months old are required to have the third set of puppy shots - DHPP (or equivalent) and Bordetella - and to have been vaccinated for rabies prior to starting any group class or private training. Horses are required to have the veterinarian recommended vaccinations for their age and area. I will either bring proof of current vaccinations from my veterinarian to the first session or upload it to my online Pawsitively Trained account before the first session.
Health. I will not bring a sick or injured animal to any class, private training or other activity. I understand that I may attend on my own to learn the skills to practice when my animal is healthy or, if approved by Pawsitively Trained, reschedule the session(s).
Unaltered Dogs. I will not bring a female in heat to a group class, private training or other activity unless I have first obtained the consent of Pawsitively Trained, in which event, my dog will wear sanitary pants.
Prerequisites. Some classes have prerequisites. I have carefully read the description of each class for which I am registering to ensure that my animal and I are ready to attend. I have contacted Pawsitively Trained about any questions or concerns before registering for training.
Behavior Policy. Group classes are not meant to address serious aggression or behavior issues. I understand that if my animal exhibits these behaviors, s/he may be dismissed from class, or at the discretion of the instructor, I may be required to muzzle my dog. I understand that I should schedule private training rather than group classes if my animal is displaying serious behavior problems.
Dog Collar and Leash Policy. My dog will wear a properly fitted buckle collar, martingale collar, head halter, or harness for training. I will not use choke chains or other slip collars, electronic collars, or prong (pinch) collars in any Pawsitively Trained class, private training, or other activity. I understand that unless otherwise directed by the trainer, my dog must be leashed with a standard, nonretractable, four- to six-foot leash at all times while in training.
Required Materials. I will bring treats, an appropriate collar/halter and lead, and cleanup materials to every session.
Handling Policy. Pawsitively Trained uses positive training methods. I will not harshly correct my animal or roughly handle my animal. For my own safety, I will wear shoes appropriate for training activities, preferably sneakers or hiking shoes.
Children. All minors (under 18) must be accompanied by a parent or legal guardian, who will be responsible for ensuring that the minor is not disruptive. Children over the age of 10 may be the animal's handler in class or training, but if the trainer determines that the minor is unable to properly control the animal, the trainer may require me to take over training. I agree that this Agreement applies to any minors who attend any Pawsitively Trained class, training, or other activity with me. I will not bring any minor to a Pawsitively Trained class, training, or other activity unless I am the parent or legal guardian of such child or I have first made other arrangements in writing with Pawsitively Trained.
Dog Toileting. I will walk my dog outside before each class, private training or other activity to prevent accidents. I acknowledge that I am responsible for cleaning up after my dog, inside and outside.
Cancellation Policy: Cancellations occurring less than 24 hours before scheduled Private Training sessions (In-Person Private Sessions, Virtual Private Sessions, and/or Training Walks) may be subject to a cancellation fee. Private Training Sessions may be rescheduled if needed. Group Training sessions (In-Person Group Sessions and/or Virtual Group Sessions) are forfeited if cancelled. Group Training session material is available in the corresponding Online Self-Study Course. Please notify Pawsitively Trained ASAP with any cancellation requests.
No Show Policy: Missed appointments with no record of communication attempts prior to scheduled appointment time may be forfeited, at the discretion of Pawsitively Trained, LLC.
Refund Policy: Refunds for services are prorated based on how many sessions attended, refunds will only be issued within 30 days of purchase and all sessions must be used within 12 months after purchase.
Refunds for products will only be issued within 30 days of purchase. Self-Study Online Courses are non-refundable after purchase, this includes Self-Study Courses included with Group Course or Package purchases.
Veterinary Consent
If my animal becomes ill or injured, or if the state of its health otherwise requires attention, I authorize Pawsitively Trained, in its sole discretion, to engage the services of a veterinarian of its choice or arrange for other appropriate attention to the animal. If a veterinarian determines that emergency treatment is needed to save the animal’s life or quality of life, and I cannot be reached with the contact information provided, Pawsitively Trained may authorize the veterinarian to perform the emergency treatment. I agree to be responsible for all veterinary costs provided to my animal. I agree to reimburse Pawsitively Trained for any veterinary expenses incurred for the care of my animal. I acknowledge and agree that Pawsitively Trained is not responsible for any decisions made by the veterinarian.
Miscellaneous Terms
(a) If any provision of this Agreement is judicially declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable or void will be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement will have the same force and effect as if such part or parts had never been included.
(b) This Agreement is a contract made in Oregon and it will be construed and enforced according to the laws of the State of Oregon. Any suit or action instituted by either party to enforce the terms will be brought in the courts in the State of Oregon. Venue is proper only in Multnomah County in Oregon.
(c) In the event suit or action is instituted to enforce collection or any of the terms of this contract or for its breach, the prevailing party will be entitled to recover from the other party such sum as the court deems reasonable as attorneys’ fees at arbitration, on trial or on appeal, in addition to all other sums provided by law.
(d) No waiver by either party of any breach or default hereunder will be deemed a waiver of any repetition of such breach or default or in any way affect any of the other terms and conditions hereof.
(e) I represent and warrant that I have had the opportunity to review this with a legal advisor, so no presumption for or against Pawsitively Trained or me arising out of the drafting of all or any part of this Agreement will apply or will be applied at any trial or in any arbitration or other legal proceeding. I acknowledge that neither Pawsitively Trained nor any agent of Pawsitively Trained has made any promise, representation or warranty whatever, express or implied, oral or written, not contained herein concerning the subject matter hereof, to induce me to execute this agreement.
(f) I agree, recognize and acknowledge that this agreement was drafted by counsel for Pawsitively Trained for its benefit. I have been given ample opportunity to obtain independent legal advice. I either have obtained such advice or have voluntary chosen not to do so.
(g) This agreement is, among other things, a complete bar, waiver and release of liability for any and all actions, causes of action, claims, or demands for damages, loss, injury or death pursuant to the laws of any country or jurisdiction, howsoever arising either now or which may arise at a future date in both negligence or contract.
I certify that I have read and understand the waiver of liability, release, policies and veterinary consent described above, and I agree to abide by these and all other policies and rules of Pawsitively Trained.
By clicking on “I have read and agree to the above Client Agreement” I agree to the above terms and conditions, on my own behalf and on behalf of anyone else, including minors, that I bring to Pawsitively Trained classes, private trainings, and other activities.
