This Services Agreement (“Agreement”) is made and entered into as of the date below between Wonder Puppy, LLC, all of its members, managers, trainers, employees, contractors, agents and assigns (“WP”) and the undersigned dog Parent (“Parent”). This Agreement is entered by WP and Parent for the training of Parent’s dog(s) identified to WP on the WP website registration form or in hard copy materials provided to WP (any online or hard copy forms provided by WP and filled out by Parent are collectively referred to as a “Site Registration Form”). WP and Parent agree as follows:
1. WP SERVICES AND PHILOSOPHY
WP offers a variety of dog training and puppy parenting services, including, but not limited to Public SchoolSM and Private SchoolSM (collectively, the “Services”). In providing the Services, WP uses positive reinforcement methods and will not allow unapproved punishment tools or techniques to be used in its facilities or classes. We have great confidence in our proven methods, however there are no guarantees that WP will be the right match for you and your dog. Before signing up for Services, WP recommends reading its website materials and FAQ page, speaking with a WP Trainer, and observing a class, all of which will provide more information about WP methods, curriculum, or classroom settings. WP recommends that Parents of dogs with high levels of arousal, reactivity, barking, or lack of bite inhibition enroll in Private School before attending Public School or other group activities.
A. General. Parent agrees to pay WP’s rates for all Services provided by WP to Parent. Services may be requested by Parent in person, by phone, or by using a service request form submitted over the internet to WP’s website.
B. Amount. The rate for Services will be set by WP on its website and at the WP premises. Thirty days before any rate increases are effective, WP will provide notice of such changes on its website and at the WP premises.
C. Timing. Payment for Services generally is due no later than the end of each training session. For Public School training classes, Parent must pay in advance to secure a registration spot in the class. For other Services, such as our Monthly Immersion Programs, Parent may be required to make an advance down-payment of approximately half of the cost of the Services.
D. Form. WP accepts payment by cash, check, and credit card. Parent authorizes WP to charge the credit card on file for any services provided for Parent’s dog. For any returned check, Parent agrees to pay WP an additional $35 returned check fee.
E. Packages. WP may offer packages of certain Services at a bulk discount. The packages must be activated and used according to the deadlines below, however packages are exchangeable for credit if exchanged prior to the expiration date. Currently, WP offers three such packages: i. A package of five (5) playgroup sessions at a discount rate, which must be activated within 30 days of purchase and must be used within 90 days after activation ii. A specific number of private sessions at a discount rate, which must be used within 30 days of agreed start date after purchase. iii. Immersion programs providing a specific number of Services per month at a discount rate that can be scheduled to suit your training needs, which must be used within 30 days of the agreed start date after purchase.
F. Refunds. For Group Classes, refunds will be issued for cancellations made at least one (1) week prior to the beginning of your service start date and time; cancellations made less than one (1) week prior to the start date and time are not eligible for refund, but may receive credit if requested at least 48 hours prior to the service start date (see Section 2G). Prepaid packages are not eligible for refunds, but unused Services may be eligible for a credit, with sufficient notice (see Section 2G).
G. Credits. For all services for which a refund is not offered (private sessions, packages), Parents will receive credit for cancellations made at least 72 hours prior to the scheduled service date or start of package date. Credits expire 90 days after issuance. Cancellations made less than 72 hours prior to your service date and time are not eligible for credit. Cancellations made less than 72 hours prior to the session are subject to a $35 cancellation fee. Missed Appointments (no shows without notice) are subject to a fee equal to the scheduled rate of service. H. Mileage. Services provided at a location other than WP are subject to a mileage charge of $2.00 per mile for all travel more than ten (10) miles away from WP.
WP does its best to keep its schedule of Services updated at www.wonder-puppy.com. Please check with the WP website, WP trainers, or WP main office for any schedule revisions. Note that for regularly scheduled classes there are occasionally pre-scheduled “skip dates.” For example, a class that normally meets on Thursdays will be “skipped” on Thanksgiving, and the class will be extended another week. The Schedule of Services online will show the pre-scheduled skip dates.
A. WP Cancellations: Services may be cancelled by WP due to trainer unavailability, adverse weather, catastrophic events, and other causes. In the event a WP trainer needs to cancel scheduled Services, every effort will be made to find a replacement. In the event a replacement cannot be found, WP will attempt to notify Parent, and Parent will not be charged for the cancelled Services. If Parent has prepaid for cancelled Services, Parent will receive equivalent credit.
B. Parent cancellations, withdrawals, and missed sessions: See Sections 2F and 2G.
A. Parent must ensure that there is another adult present for supervision purposes if Parent brings a child under the age of eight (8) to WP classes.
B. WP may remove Parent’s dog from class if the dog is behaving in a way that poses a hazard or threat of any nature to any other animal or person present. If Parent is aware his or her dog is aggressive or poses other hazards, Parent is encouraged to enroll in one or more Private School sessions to address those issues before attempting any Public School classes.
C. Parents are encouraged to wear comfortable clothing that does not present any hazards (tennis shoes, pants, no scarves, dangling earrings, or high heels).
5. PARENT’S REPRESENTATION AND WARRANTIES
By signing this Agreement, Parent represents and warrants to WP that (1) Parent is the owner of the dog(s), free and clear of all liens, and certifies to the accuracy of all information provided to WP; (2) Parent is authorized to agree to the terms of the Agreement; (3) Parent’s dog(s) are at least 8 weeks of age, currently under the supervision of a licensed veterinarian, pre-approved by a licensed veterinarian to attend classes and train and with WP; (4) Parent’s dog(s) are healthy and free of injury, communicable diseases, fleas, ticks, worms and other insects and parasites; (5) Parent’s dog(s) are spayed or neutered (if over 6 months of age) and not “in heat” at the time of registration; (6) Parent’s dog(s) are current on all vaccinations, including Distemper, Hepatitis or Adenovirus, Para-influenza, Lepto Virus and Parvo Virus Vaccinations (DH/ALPP) (all ages), Rabies (if over 6 months of age), and Bordetella and Giardia fecal exam (if suggested by Parent’s veterinarian); (7) Parent’s dog(s) are non-aggressive and safe to be around other dogs and people; and (8) Parent’s dog(s), if adopted from rescue or shelter environments, have spent at least 10 days with Parent before beginning Services. If any of the above representations and warranties are not accurate, Parent agrees to provide notification to WP before beginning Services and obtaining a specific permission of WP to begin such Services. For example, if Parent’s dog is over 6 months of age and is not spayed or neutered, Parent must notify WP of this condition and obtain a special allowance from WP before beginning Services.
6. WP’S DISCLAIMER OF WARRANTIES AND GUARANTEES
WP shall exercise reasonable care for the well-being of the dog and Parent during training sessions. Notwithstanding the above, WP DISCLAIMS ALL WARRANTIES OR GUARANTEES OF EVERY KIND AND NATURE WITH REGARD TO THE SERVICES. WP specifically represents that due to differences in dogs’ temperament and ability and Parents’ work to reinforce training methods from the Services, results will vary.
7. PARENT’S ASSUMPTION OF RISK AND RELEASE OF WP
Parent acknowledges and agrees that (1) each dog is different in regards to temperament and ability and that the results of training will vary; (2) WP does not promise or guarantee training results or the dog’s performance; (3) WP does not offer veterinary services and has no background in animal medicine; (4) vaccines do not protect against all communicable illnesses and diseases that may afflict a dog that Parent or Parent’s dog comes into contact with while receiving the Services. Parent acknowledges and agrees to assume potential risks of training activities associated with the Services. In particular, Parent acknowledges and agrees to assume (1) all risks of illness, disease, injury, or other harm to Parent’s dog from the Services; (2) full responsibility for any liability or damages the Parent’s dog may cause to other dogs, persons, or property arising from or related to the provision of the Services. Parent releases and agrees to hold harmless WP from any and all liability for any illness, disease, injury or other harm suffered by Parent or Parent’s dog arising from or related to the provision of the Services, and agrees not to initiate any legal proceedings against WP with respect to any such released claims.
8. WP’S DISCLAIMER AND LIMITATION OF LIABILITY; INDEMNIFICATION
WP SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR THE PROVISION OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY INJURY OR ILLNESS SUFFERED BY PARENT OR PARENT’S DOG WHILE IN WP’S CARE, DAMAGES TO PARENT’S PROPERTY, AND CLAIMS AGAINST PARENT BY ANY THIRD PARTY, SUCH AS FOR ANY INJURIES SUFFERED BY THE THIRD PARTY OR ITS ANIMAL CAUSED BY PARENT’S DOG; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY WP TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND WP’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST WP MORE THAN TWO YEARS AFTER SUCH CAUSE OF ACTION FIRST AROSE. WITHOUT LIMITING THE ABOVE PROVISIONS, WP’S AGGREGATE LIABILITY FOR BREACH OF THE AGREEMENT OR FOR ANY HARM SUFFERED BY PARENT OR PARENT’S DOG IS LIMITED TO THE LESSER OF (A) THE COST OF THE PARTICULAR SERVICES IN WHICH THE INJURY OR ILLNESS OCCURRED, OR (B) $100. PARENT AGREES TO INDEMNIFY, DEFEND, AND HOLD WP HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, COSTS, EXPENSES, ATTORNEY FEES, ARISING FROM OR RELATING TO (A) ANY ACTS OR BEHAVIOR OF PARENT’S DOG, INCLUDING BUT NOT LIMITED TO INJURIES TO WP STAFF, OTHER PERSONS, OTHER ANIMALS, AND/OR DAMAGE TO PROPERTY; OR (B) ANY BREACH OF PARENT’S REPRESENTATIONS, WARRANTIES, OR COVENANTS IN THIS AGREEMENT.
9. EMERGENCY CARE; INCLEMENT WEATHER
In the event Parent’s dog becomes ill or injured or if the state of the dog’s health otherwise requires professional medical attention during Private SchoolSM sessions in which Parent is not present, Parent authorizes WP to seek veterinary care with the veterinarian designated on the Site Registration Form. Should the designated veterinarian be unavailable, Parent authorizes WP in its sole and absolute discretion to engage the services of another veterinarian. Parent also authorizes WP to administer medicine identified in the Site Registration Form to Parent’s dog. Parent shall reimburse Wonder Puppy for any costs it incurs in the provision of emergency veterinary care, including medical expenses, food, drink, and shelter costs. Except in the case of an emergency, WP will attempt to contact Parent or the emergency contact designated in the Site Registration Form prior to engaging a veterinarian or administering any care. WP shall not be responsible for any injury or damage to Parent’s dog resulting from any failure to provide veterinary care or from the acts or omissions of a veterinarian or other person administering care. In the event of inclement weather or natural disasters, WP will use best judgment in caring for dog(s), and Parent agrees that WP will be held harmless for its decisions in those circumstances.
For Services that require WP to transport Parent’s dog from or to Parent’s residence, Parent authorizes WP to transport dog(s) in WP vehicles and will provide a copy of a key to Parent’s residence. WP will return Parent’s key at the end of the Services or upon Parent’s request. Keys will be returned by certified mail or hand delivery. In the event that WP is unable to gain entry to Parent’s residence or premises due to a malfunction of the lock or key or Parent’s failure to provide a key, Parent authorizes WP to engage a locksmith to gain entry into Parent’s residence or premises and agrees to reimburse WP for all related expenses.
11. RELEASE FOR PUBLICITY
Unless designating otherwise on the Site Registration Form, Parent authorizes WP to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, and otherwise use Parent’s and Parent’s dog’s first name, portrait, picture, and likeness, and all photographs, recordings, videotapes, audiovisual materials of Parent and Parent’s dog (collectively, the “Materials”) captured during the provision of the Services, in any form or format, including, but not limited to publications, presentations, training materials, print and broadcast media, and websites, and for any purpose, including, but not limited to promoting or advertising the business and brands of WP. Parent agrees that all the Materials are solely owned by WP. Parent releases and discharges WP from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to WP’s use of the Materials, including, but not limited to any distortion, blurring, alteration, optical illusion, or use in composite form that may occur or be produced in taking, processing, reduction, or production of the finished product, its publication, or distribution.
12. TERMINATION; SURVIVAL
This Agreement takes effect immediately and continues unless terminated as specified below. Either party may terminate this Agreement at any time, with or without cause, by providing the other with written notice of termination. Unless otherwise specified, termination is effective immediately. The following provisions will survive termination of this Agreement: (i) any obligation of Parent to pay fees for Services that accrued before termination, (ii) Sections 5, 6, 7, 8, 11, and 13, and (iii) any other provision of this Agreement that must survive termination to fulfill its essential purpose
13. MISCELLANEOUS / GENERAL
A. Entire Agreement; Amendment. This Agreement is the sole and entire agreement between the parties with respect to the subject matter of this Agreement. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind as conditions or inducements to the execution of this Agreement or in effect between the parties. This Agreement expresses the full and final agreement of the parties and incorporates and supersedes all prior and contemporaneous negotiations and agreements. WP may amend this Agreement from time to time by making a new version available on its website and providing it to Parent via the contact information listed on the Site Registration Form. Such amendment will become effective 30 days after such notice (unless Parent first terminates this Agreement pursuant to Section 12). Parent’s request for Services after such 30-day notice period will confirm Parent’s consent to such amendment.
B. Governing Law and Venue. The validity, construction, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Oregon, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. The parties hereby (a) submit to the exclusive jurisdiction of any state or federal court sitting in Oregon for the purpose of any action arising out of or relating to this Agreement brought by any party hereto, and (b) irrevocably waive, and agree not to assert by way of motion, defense, or otherwise, in any such action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the action is brought in an inconvenient forum, that the venue of the action is improper, or that this Agreement may not be enforced in or by any of the above-named courts.
C. Waiver. No waiver of breach or failure to exercise any option, right, or privilege under the terms of this Agreement or any order on any occasion or occasions shall be construed to be a waiver of the same or any other option, right, or privilege on any other occasion.
*Proof of current vaccinations, DH(A)LPP and Rabies if over 6 months of age, is required if beginning Services with less than 2 days notice.