Release of Liability and Informed Consent for Dog Training Agreement
THE PARTIES: This Agreement (“Agreement”) made on ____ Day of ____XXX, is between _________________ with a mailing address of _____________, City of _________, State of ____________ (“XXXX”) and _________ with a mailing address of___________, City of __________, State of ___________ (“THE CLIENT”) both of whom agree as follows:
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Dog Training Company and the Client (individually the “Party” and collectively “The Parties” to this agreement) agree as follow:
TERMS
- FORMATION
Loving Leadership is a sole proprietor Company that will be contacted by clients to seek assistance and services on dog training. The company operates as an independent contractor.
- TERMS OF AGREEMENT
The term of this agreement (the “Term”) will begin on the date on this agreement and will remain on full force and effect until the completion of the services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the parties.
- AUTHORITY TO ENTER AGREEMENT
Each Party warrants that the individuals who signed this Agreement have the actual legal power, right and authority to make this agreement and bind each respective Party
- RESPONSIBILITY AND OBLIGATIONS OF THE PARTIES
The Company will exercise all necessary and proper care and precautions to keep all participants and dogs safe during training sessions in order to prevent injury to any person, property, dog, or person. The client understands that successful training involves both owner and trainer participation and the owners need to do their part in order to facilitate a successful training. It’s an investment of both time and money. The clients’ dogs will be in the personal company’s vehicle. The company will be allowed to be in their clients’ homes with or without supervision. The Client hereby consents to the Company overseeing medical attention for their dog in the event of an emergency. They approve a dollar amount to be spent on medical care of: $
- ASSUMPTION OF RISK
Dogs are animals and may be unpredictable, both parties cannot protect against every potential injury, risk, or accident. This Release and Waiver is intended to shift the risk of participating in dog training and boarding to the Participant/Owner/Guardian of the dog participating in training.
- HOLD HARMLESS
Participant agrees to hold harmless the dog training company from any and all claims of injury, loss, cost, expenses, or damage caused by the actions of the Participant’s dog during the course of training, or under the care, custody, or control of the company. The client, hereby accepts and assumes without reservation, all risks associated with my participation in the training program, including but not limited to: the risks of any and all injuries to themselves, their dog, and any of their family members or third parties who may attend; the risks that their dog may cause injury to other persons and/or dogs involved; and the risks that saliva, water, food, and/or other debris may be present in training areas.
- INTELLECTUAL PROPERTY
The companies own their brand logos all their trademarks and properties. The client hereby consents to their dog being the subject of photographs and/or audiovisual recording and authorize the company to cause the same to be exhibited for educational purposes or marketing tools as still photographs, video, or other similar media.
- DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be resolved by litigation the results will dictate the next step.
- CONFIDENTIALITY
Except as otherwise expressly permitted in this Agreement, the parties shall not disclose or use in any manner, directly or indirectly, any Confidential Information either during the term of this Agreement or at any time thereafter, except as required to perform their respective duties and responsibilities or with the other party’s prior written consent. Both parties agree that all Confidential Information disclosed and received shall remain secret and confidential during the term of this Agreement and continue thereafter for 10 years after this Agreement is terminated or expires. Except as may otherwise be required by law or legal process, neither party hereto shall disclose to any third party the terms and conditions of this AGREEMENT.
- LIABILITY
Except as set forth otherwise in this agreement, in no event shall either party be liable to the other for any incidental, consequential, special or punitive damages of any kind or nature arising out of this agreement , whether such liability is asserted on the basis of contract, tort (including the possibility of negligence or strict liability), or otherwise, even if the party has been warned of the possibility of any such loss or damage, and even if any of the limited remedies in this agreement fail of their essential purpose.
- WAIVER
No waiver of any default shall constitute a waiver of any default or breach, whether of the same or other covenant or condition.
- NOTICES
All notices under this Agreement shall be in writing and sent to the address of the recipient specified herein. Any such notice may be delivered by hand, by overnight courier, certified mail with return receipt, or first class pre-paid letter, and will be deemed to have been received (1) if delivered by hand – at the time of delivery; (2) if delivered by overnight courier – 24 hours after the date of delivery to courier with evidence from the courier; (3) if delivered by certified mail with return receipt – the date as verified on the return receipt; (4) if delivered by first class mail – three (3) business days after the date of mailing.
- TERMINATION
During the course of this agreement, the parties may terminate this Agreements if there is illegal activity, destruction of property, when the parties no longer do business together, when the compensations agreed upon are not paid or any other breach.
- SEVERABILITY
If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
- FORCE MAJEURE
Neither party shall be liable for any failure to perform under this Agreement when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of State or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.
- GOVERNING LAW
This Agreement shall be governed under the laws in the state of Montana.
- AMENDMENT AND MODIFICATION
No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both parties
IN WITNESS WHEREOF, this Agreement was signed by the parties under the hands of their duly authorized officers and made effective as of the undersigned date.
Manager’s Signature __________________________ Date ________________
Name ____________________________
COMPANY NAME: XXX
Client’s Signature __________________________ Date ________________
Name ____________________________
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