Terms & Conditions
Dog Training Program Agreement & Informed Consent Release
Please READ carefully by purchasing participation in this program you expressly (herein referred to as “Client” or “Owner”) agree to follow terms stated herein.
This Agreement between Sit n' Stay Pet Services, Inc. dba Sit n’ Stay Dog Training & “Client” and The Dog Trainer (employees, independent contractors or volunteers) acting as agent for Sit n' Stay Pet Services, Inc. (hereinafter as “Trainer”) pertains to the dogs living in the Client's household at the time of the training.
Please review this Agreement in its entirety.
For goods and valuable consideration, the parties agree as follows:
Program/Service
Video Training Programs
Sit n Stay Pet Services, Inc agrees to provide Client with individual access to the group coaching program (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their use of the Program.
Sit n Stay Dog Training & The Trainer will endeavor to create as safe an environment as possible for the training and boarding care of the dog(s) identified above and will offer only sound, safe, and responsible training, care, and post training instructions. Owner agrees, however, that all animals may exhibit unpredictable behaviors and that Sit n Stay Dog Training will not be liable for the actions of the Dog that are outside of the control of Sit n Stay Dog Training. Owner agrees that the recommendations by Sit n Stay Dog Training & of any product or service is not a guarantee of performance or Owner’s satisfaction with that product or service.
The Programs can Include (but not limited to):
1. online learning modules
2. Access to our private Facebook group
3. Weekly trainers group video chat (on the Zoom platform)
Program Payment
Client agrees to pay Sit n Stay Dog Training a nonrefundable fee in the amount stated for the accompanying Program. Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. No exceptions.
Any and all fees paid toward dog training are NOT REFUNDABLE and ALL SALES are final. Per this agreement, the client agrees that all sales are final and waives the right to credit card chargebacks with our merchant processor.
Payment Plan Arrangements – client agrees to the following electronic payment plan arrangements for the training program selected.
Not all Programs are eligible for a payment plan. If a payment plan is offered and chosen, Sit n' Stay Pet Services, Inc. has agreed to bill you for your order in EFT installments subject to the following conditions using the credit card or debit card given.
Payments will be automatically drafted. If payment fails, you agree to provide a new card and payment of remaining balance is required, unless discussed.
If Client elects to pay by installment plan, the first installment is paid upon registration. The remaining installments (remaining balance) is due 30 days later or in 30 day increments unless stated otherwise.
You may not apply gift certificates with payment plans.
Sit n' Stay Pet Services, Inc. will not charge you interest on your purchases.
Client Credit Card Authorization: You may cancel this authorization at any time by contacting us. This authorization will remain in effect until cancelled. Client expressly authorizes Sit n’ Stay Pet Services, Inc to charge Clients’s credit card(s) or debit card(s) in the amount of the program.
The client also agrees to and understands that if payment fails on billing date, Sit n Stay Dog Training will remove course and community access immediately until payment is resolved by client. Sit n Stay Dog Training reserves the rights to terminate the Program immediately for non-payment.
Late Fee: The Borrower promises to pay a late charge of $50.00 for each installment that remains unpaid more than ten day(s) after its Due Date. This late charge shall be paid as liquidated damages in lieu of actual damages, and not as a penalty. Payment of such late charge shall, under no circumstances, be construed to cure any default arising from or relating to such late payment.
Acceleration of Debt: If any payment obligation under this Note is not paid when due, the remaining unpaid principal balance and any accrued interest shall become due immediately at the option of Sit n Stay Dog Training.
Right to Reschedule Group Coaching Calls
Sit n’ Stay Pet Services, Inc and Trainers reserve the right to reschedule any group or private coaching calls as needed. Every effort will be made to keep scheduled appointments and in the event that rescheduling is necessary, it will be done as soon as practicable.
Cancellation Policy
If Client fails to give at least 24 hours cancellation notice, or is not present at time of scheduled appointment, session fees are still due. For a package deal, the session will still be counted as one session
Duty to Report Policies
If your dog bites during a consultation, Sit n Stay Dog Training must file a bite report under New York State Law.
Access to Membership Site
Client agrees that their access to the membership site where the program materials reside is for their sole use. Client explicitly agrees to not share access to said membership site or give their user name and/or password to anyone for any purpose.
Sit n Stay provides access to third-party software for membership access. We do not own nor control the software; therefore we offer it AS IS, AS AVAILABLE and WITH ALL FAULTS. We make no guarantee regarding its performance, data security, availability or other functions.
Non-Disclosure of Materials/No Transfer of Intellectual Property
Material provided to Client as part of this program is proprietary, copyrighted and developed specifically for Sit n’ Stay Pet Services, Inc. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited and in violation of copyright law.
All intellectual property, including Program and/or course materials, recordings of coaching calls, information and communication on our private Facebook page, training plans given out and videos and handouts provided on our Membership Site shall remain the sole property of Sit n’ Stay Pet Services, Inc. No license to sell or distribute materials is granted or implied. Client explicitly consents to the recording of program coaching calls.
Communication
All communication should be done through the Sit n Stay office- email, phone or texting. DO NOT CONTACT YOUR TRAINER DIRECLTY OR THROUGH THEIR PERSONAL LINES OF COMMUNICATION. Sit n’ Stay has no obligation to perform any Services not requested by Client and confirmed by Sit n’ Stay.
Client Representations and Warranties
Client represents and warrants that:
Client is the owner of the Pet(s)
Client has vaccinated the Pet(s) against rabies.
Client has disclosed all bite(s) and injury incidents to SNS representatives.
Client Responsibility
Client accepts and agrees that Client is 100% responsible for their progress and results from the use of the herein described Program. Sit n’ Stay makes no representations, warranties or guarantees verbally or in writing regarding individual performance. Client understands that because of the nature of the program and extent, the results experienced by each client and dog may significantly vary.
Sit n’ Stay makes no warranties or guaranties regarding the outcome of any dog training services. Sit n’ Stay follows ethical guidelines from the leading training and behavior organizations and follows the DogBiz Business Code of Ethics.
Non Soliciation of Personnel
Client agrees that it shall not directly solicit or otherwise hire any trainers, assistants, employees and/or subcontractors, directly or indirectly, of Sit n’ Stay who have performed Services for Client pursuant to this Agreement to perform the same or similar services for Client directly or indirectly for at least one year after termination of this Agreement.
Privacy of Sit n' Stay staff
While it may be legal to monitor or record your home and property without informing anyone, Client promises not to monitor or record audio or video of Sit n' Stay employees or agents without informing Sit n' Stay. Client represents and warrants that any wireless cameras or recorders use signal scrambling or other security features that prevent others from obtaining the images or sounds. Client promises not to sell, post or publicly display any recordings, nor privately display any recordings to anyone other than law enforcement, security consultants or property insurance company staff for security or insurance related reasons. This is a material condition of this contract. Sit n' Stay will not disclose whether you have recorders nor the locations to anyone who is not a Sit n' Stay employee or agent.
Images of Pets
From time to time, we take pictures of Client pets to use in our social media. In these cases we will not use photos that would identify you or the location of your home. If you would like your pet to be excluded, please notify us in writing at least 24 hours prior to the start of your service. We will confirm your request back in writing.
Liability
If Dog causes property damage, or bites or injures any dog, animal or person (including but not limited to Sit n' Stay Pet Services, Inc 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 Sit n' Stay Pet Services, Inc. Trainer and Trainer’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees. If Dog is injured in any manner during or after the term of the Agreement, Client assumes the risk and agrees that Sit n' Stay Pet Services, Inc, & Trainer will not be held responsible for any resulting injuries, losses, damages, costs or expenses.
Sit n Stay Dog Training & Trainer agrees to indemnify and hold Owner harmless from and against any claims of injury, expense, costs, loss or damages caused by the gross negligence or willful misconduct of Sit n Stay Dog Training & while the Dog is in the sole custody, care and control of Sit n Stay Dog Training & Trainer . Owner acknowledges that Sit n Stay Dog Training has no control over the Dog when the Dog is not in the exclusive custody, care and control of Sit n Stay Dog Training, and Owner agrees to indemnify and hold Sit n Stay Dog Training harmless from and against any and all claims of injury, expense, costs, loss or damages caused by the actions of the Dog when the Dog is not the sole custody, care and control of Sit n Stay Dog Training & Trainer.
By agreeing to these terms and conditions, I certify that I have been informed and understand that there is always some unavoidable risk of injury involved when working with animals, especially animals with behavioral issues. I acknowledge that dogs can be inherently difficult to control and that not all dogs will be under control at all times resulting in the possibility of injury to myself, my dog, my family members, or third parties. Additionally, I have had full opportunity to discuss all concerns I have about the foregoing risks with Sit n Stay Dog Training and its authorized representatives. I have also made all inquiries and investigations to my satisfaction related to such risks, including, but not limited to, an examination of the training area (if applicable).
As lawful consideration for participating in training, 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 Sit n Stay Dog Training, and their members, managers, agents, and employees from any and all injuries, losses, claims and damages to any person or persons of any nature whatsoever, including claims arising from the Client’s own negligence, and all costs associated therewith, including attorney’s fees, court costs and consultant fees, arising from my participation in the training sessions.
At Sit n Stay Dog Training & 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.
Sit n’ Stay promises to perform the training services requested under this Agreement with the degree of skill, care and learning ordinarily possessed and exercised by the average member of its profession. Sit n’ Stay employees have had some pet first aid training; they are not veterinarians, veterinary assistants nor experts trained in administering medications to animals.
Private (Coaching), Day Training
Sit n’ Stay will endeavor to create as safe an environment as possible for the training of Clients dog and will offer only sound, safe, and responsible training and training instructions. However, Client recognizes that Sit n’ Stay is not responsible for any unintentional errors, omissions, or incorrect assertions. Client understands that the recommendation of any other product or service is not a guarantee of satisfaction with that product or service. Further, Client will remain responsible for the actions of the dog(s) at all times and hereby agree to indemnify and hold harmless Sit n’ Stay of any and all claims of injury, expense, costs or damages caused by the actions of the dog(s) while under Sit n’ Stay instruction or control and under Client care as a result of following training instructions. Client has been told by Sit n’ Stay and understands the inherent risks of owning a dog, including but not limited to the risk of dog bites to Client and others.
Public Group Classes
Sit n’ Stay will endeavor to create as safe an environment as possible for the training of Clients dog and will offer only sound, safe, and responsible training and training instructions. However, Client recognizes that Sit n’ Stay is not responsible for any unintentional errors, omissions, or incorrect assertions. Client understands that the recommendation of any other product or service is not a guarantee of satisfaction with that product or service. Further, Client will remain responsible for the actions of their dog(s) at all times. Client agrees to abide by the rules and policies of Sit n’ Stay training classes as set forth in this contract and as outlined in class materials. Client understands that attendance of dog training classes is not without risk to Client, members of Clients family, guests who may attend or to Clients dog. In consideration of, and as inducement to the acceptance of Clients application for training membership in training class, Client hereby agrees to indemnify and hold harmless Sit n’ Stay, its officers, directors, instructors, agents, employees, and/or representatives of any and all claims, or claims by any member of Clients family, or accompanying guests of injury, expense, costs or damages to Client, Clients dog(s), or any handler sponsored by Client both in class and out of class. In addition, Client agrees to defend and indemnify Sit n’ Stay for any injury, expense, costs or damages to any dog handlers or dogs, whether sponsored by Client or not, or to third parties arising out of Clients actions or the actions of Clients dog(s). Client has read above-stated provisions and agrees to accept those responsibilities.
Non-Disparagement
In the event a dispute arises between the parties, the parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The parties agree that neither will directly or indirectly, in any capacity or manner, make express, transmit speak, write, verbalize or other communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
JURISDICTION AND VENUE: This Agreement is to be construed pursuant to the current laws of the State of New York. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of New York, in the County of Erie.
SOLE AGREEMENT: This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between Sit n Stay Dog Training & Client regarding the matters as described throughout this agreement. 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 the Dog or anything else.
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 Sit n’ Stay Pet Services, Inc, 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.
Miscellaneous:
1. Limited Warranty, Limitation of Claims, Statute of Limitations.
1.1 NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SIT N’ STAY SHALL NOT BE LIABLE EXCEPT FOR CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SIT N’ STAY SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ANY CLAIM MUST BE MADE IN WRITING WITHIN 60 DAYS AFTER THE DATE OF THE SERVICE. SIT N’ STAY'S LIABILITY FOR ANY PARTICULAR CLAIM SHALL NOT EXCEED THE AMOUNT CLIENT PAID FOR THE PARTICULAR SERVICE UPON WHICH THE CLAIM IS BASED.
2. Information Security. Sit n’ Stay promises to collect only information needed to provide you services; and, not to sell or share information you provide us with other people or companies except those who we use to provide you services and manage our business, such as the scheduling and payment software company, and except as required by law. We shall safeguard your information in the same manner as we guard our own. The provider of the software for scheduling and payment has its own standards. Upon request, we will provide you a link to their privacy policy.
3. Dispute Resolution and Attorney Fees and Costs. Any controversy between the Parties regarding the construction, application or performance of any services under this Agreement, and any dispute arising out of or relating to this Agreement or its breach shall be governed by this paragraph.
3.1 Mediation. In the first instance, the Parties will attempt to resolve such disputes through open communication and dialogue. To this end, if a party has a concern about an actual or possible dispute, the concerned party will informally notify the other party of the nature of the dispute and explore the possibility of reaching an agreeable resolution. If the Parties cannot resolve the matter by informal dialogue or there is a reason to give notice immediately, either party give a written Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute. The Notice of Dispute shall be transmitted in writing pursuant to Paragraph 3 of this Agreement. After Notice of Dispute, the Parties shall first attempt to resolve any disputes by mediation. The Parties shall agree on a single mediator who shall be an attorney licensed with the New York State Bar or retired judge. Mediation shall be conducted in Erie County, NY. Each party shall pay its own attorneys’ fees and the costs and expenses of mediation shall be split equally between the Parties. Mediation shall be set within 10 days of the transmittal of the Notice of Dispute and completed within 40 days of transmittal of Notice of Dispute.
3.2 Attorney Fees and costs. The prevailing party in any proceeding regarding the construction, application or performance of any services under this Agreement and any dispute arising out of or relating to this Agreement or its breach shall have the right to collect from the other party its reasonable costs and attorney fees and any other expenses, including expert witness fees, incurred by the prevailing party in such a proceeding, including enforcement of the arbitration provision herein. Any party who fails to satisfy the provisions of Paragraph 3, 3.1, 3.2, or all, of this Agreement shall not be entitled to an award of reasonable attorney fees or costs or both under this or any other provision of this Agreement, even if that party is a prevailing party in any proceeding.
3.3 Small Claims. Paragraph 1 subsections 1 is inapplicable to proceedings brought in small claims court, except Paragraph 3.2 is applicable in all proceedings related to an appeal of a small claims court ruling or judgement or both.
3.4 Collections. In an action by Sit n’ Stay solely for the collection of unpaid fees from Client, Paragraph 3.1 is not applicable.
4. Indemnity. Each party shall defend, indemnify and hold harmless the other party and such other party's affiliates officers, directors, shareholders, employees and agents from and against any and all claims, suits, demands, losses, liabilities, costs, damages and expenses, including attorneys fees and court costs, suffered or incurred by any such party arising from or relating to: (i) the material breach by the indemnifying party of any warranty, representation, term or condition under this Agreement; and (ii) the indemnifying party's fraud, gross negligence or willful misconduct in the performance of its obligations under this Agreement.
5. Termination of Agreement. Sit n’ Stay and Client each reserves the right to terminate this Agreement at any time only upon seven-days’ advanced written notice to the other party. Either party has the right to immediately terminate this Agreement where the other party becomes insolvent, fails to pay its bill when due, makes an assignment for the benefit of creditors, goes out of business, or ceases operation. Sit n’ Stay reserves the right to immediately terminate the Agreement if it finds out Client did not provide it truthful information about Client’s pet(s), a pet subject to this Agreement bites or injures another animal or human, demonstrates aggressive behavior to any human or animal, or Sit n’ Stay feels the safety of its employees, affiliates, agents or independent contractors are in danger in performing Services.
6. Force Majeure. Neither party shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, earthquake, or other natural disaster, explosion, war, embargo, government requirement, civil or military authority, act of God, electrical power outage, ISP or cellular phone service outage, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The party affected by such causes will notify the other party in writing within 3 days after the beginning of any such cause that would affect its performance. Nothwithstanding, if a party’s performance is delayed for a period exceeding 10 days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without liability to the other party, to terminate this Agreement.
7. This agreement and any documents submitted by the client (Intake Form, Behavior Assessment, Bite History, etc) constitute the entire agreement between the parties, and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written, between the parties relating to the subject matter thereof.
8. Severability in Event of Partial Invalidity. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
9. Counterparts. This Agreement may be executed in two or more counterparts, including via facsimile or .pdf document, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
10. Effective Date. This Agreement will govern all services performed by Sit n’ Stay on behalf of Client commencing with the date Sit n’ Stay first performed Services or provided access to the Program.
11. CLIENT HAS PROVIDED ALL INFORMATION REQUIRED OF CLIENT IN A TRUTHFUL MANNER. THE PARTIES EACH HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, AND AGREE TO THEM UPON CONFIRMATION OF THE BOOKING OF THE FIRST SERVICE APPOINTMENT AND ALL SERVICES BOOKED IN THE FUTURE.
12. Upon execution by clicking “I accept” or "I have reviewed and understand the Terms of Agreement" acknowledging electronically that this advisement has been agreed to, the Parties agree that any individual, associate, and/or assign shall be bound by all terms and conditions in THIS AGREEMENT. A facsimile, electronic, or executed copy or acceptance of this agreement, with a written or electronic signature, or checking the “box” on any order form shall constitute a legal and binding instrument with the same effect as an originally signed copy.
