Client Name: ……………………………………….
Address: …………………………………………………
(Dear Client/ Mr./Ms.),
This letter of engagement (“Letter”) sets out the basis on which Western K9 (“we”) will provide dog training services to you, (Name of Client), and your dog(s) (collectively,”you”).
- Scope of Engagement
We will provide the following training services (“Services”) to you:
- …..
- …..
- …..
- Compensation
We will be compensated …….. for the provision of the Services (the “Fees”). We will provide an invoice for the Fees. When making a reservation for the Services, you must submit a non-refundable deposit of ……. to reserve the Services (the “ Deposit”).
Upon making the deposit, the remaining amount shall be payable within a period of one year/18 months, by making (a lumpsum payment within the said period or in instalments of USD ….. each month) until such amount is fully paid.
For ease of payment and accountability, the payment is broken as follows;
- Total Letter of Engagement Amount – USD…………………………
- Deposit – USD …………………………
- 1st Instalment – USD ………………………….
- (Include the number of agreed instalments on list)
We shall have the right to hold your credit card information for the purposes of execution of the payment plan that we may have entered into with you and/or for any further charges. Such further charges shall include future services and service-related charges among others. Such credit card information shall be handled with utmost confidentiality.
Pursuant to section V., we will conduct the Services and attempt to provide the best possible outcome for you and your dog(s) but cannot guarantee any results. In the event you are unhappy with the Services, please let us know as soon as possible. We do not and can not provide refunds for any Fees paid nor can we provide refunds for any Services once completed. The Deposit remains non-refundable.
However, in the event you opt to end the Services early, you may do so by providing written notice one (1) week in advance (“Notice”). Upon provision of such Notice, we will provide you a pro-rated refund for any remaining time, less any reasonable and documented expenses incurred in connection with the Services provided to date. Notwithstanding the foregoing, you will be required to complete Fee payment for any Services already completed to date.
- Tools of Training
As part of the training regimen, we will use e-collars, slip lead and prong collars among other safe equipment to ensure that we get the most efficient results. We undertake to ensure the safety of your animal during their handling.
By signing this Letter, you consent to our use of the aforementioned tools which shall be used with due care.
- Confidentiality
We agree and understand that any information (whether written, electronic, or oral) provided by you is confidential and may not be distributed or duplicated without your consent. We treat all aspects of our client relationships as strictly confidential and will gladly provide or sign appropriate non-disclosure agreements if desired.
- Liability Waiver
In exchange for receiving the Services, including but not limited to, general dog training, you hereby agree to release and forever discharge us and our affiliates, successors, assigns, officers, employees, representatives and partners (collectively, our “Representatives”), in their individual and/or corporate capacities, from causes of action of any nature and kind, known or unknown, which you may have against us or our Representatives arising out of or relating to any injury, loss or damage of any kind to person or property that may be sustained as a result of participate in the Services. You understand that engaging in the Services involves inherent risks, including risks of physical or psychological injury, pain, suffering, harm, temporary and/or permanent paralysis and/or death to any person, property and/or animal, and you assume all related risks and voluntarily participate in the Services.
- Limitation of Liability
We will perform the Services with reasonable skill and care. We cannot, and do not, represent any particular outcome with your dog(s). You understand and agree that future behavior and performance is not guaranteed. We will use our reasonable efforts to provide the Services
and best possible outcome for you and your dog(s), however, you hereby agree that each is dog unique and we cannot guarantee any guarantee results behavioral or otherwise.
Whereas we undertake to discharge our duties with the highest standard of care, we shall not be liable for any misfortune that may occur in vet care. Further, in the unfortunate circumstance that an animal dies within the training period, we shall require a necropsy to be conducted at your expense to determine the cause of death.
You agree to release, hold harmless and indemnify us and our Representatives against any and all claims, actions, lawsuits, damages, and judgments, including attorney’s fees,
arising out of, or relating to your enrolment the Services. This Letter shall not be in any way construed as an admission of any liability and/or responsibility. Notwithstanding the foregoing, under no circumstances shall we be responsible for any indirect, incidental, contingent, punitive, or consequential damages, including, but not limited to, loss of profits.
- Force Majeure
“Force Majeure” shall mean any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not be limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.
If either Party is prevented from or delayed in performing any of its obligations under this contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.
The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
- Severability of Provisions
If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this contract.
If one Party gives notice to the other of the possibility that any provision or part-provision of this contract is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
- Applicable Law and Dispute Resolution
This Letter, and any issues or disputes arising out of or in connection with it (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise) shall be governed by and construed in accordance with the internal laws of the State of California.
Any dispute arising out of or in connection with this Letter of engagement shall be settled amicably by the parties in good faith by whatever means the parties deem appropriate. If the parties cannot themselves resolve any such dispute between them within 30 days from the time the dispute arose, initial resort shall be had to private conciliation or mediation in a form agreed by the parties. If within sixty (60) days after the dispute has arisen a satisfactory private conciliation or mediation process has not been agreed upon by the parties, or if within ninety (90) days after the dispute has been submitted for private conciliation or mediation it has not been resolved to the satisfaction of the parties, then the dispute may be submitted for final and conclusive resolution to the court.
- Miscellaneous
This Letter shall be binding upon the parties and their respective successors and assigns. Should any provision of this Letter be held to be invalided or unenforceable, it shall not affect the validity or enforceability of any other provision.
This Letter constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Letter. This Letter may not be altered, amended, or modified, except by a written agreement by both parties.
Neither this Letter nor any rights or obligations hereunder shall be assigned by either party hereto (other than by operation by law) without the prior written consent of the parties.
- Agreement of Terms
This Letter may be cancelled at any time by mutual written agreement of the parties with thirty (30) days prior written notice. Notice of termination must be given in writing.
- Term and Termination
This Letter shall come into force and effect on the Effective Date and shall remain effective for a period of 12 months/18 months.
Either party shall be at liberty to terminate this Letter by giving the other party a notice, not less than 30 days prior to the beginning of the board and train program. The terminating party shall ensure that they have complied and fulfilled all their obligations including all financial obligations.
Both parties understand and agree that, with respect to any termination of this Letter, they shall be bound to perform their pending obligations at the date of notice of termination.
In the event that you wish to terminate this Letter, no refund of the deposit shall be made. However, if you had paid the entire amount agreed, we may refund a prorated amount for the remaining contractual period. Also note that we shall deduct any amount that we may have incurred in purchasing products that were intended for the use of training your dog(s).
Please indicate your acceptance with this Letter and its terms by executing on as follows.
Should you have any questions or require any further information, please let us know.
You hereby acknowledge that you are freely, knowingly, and voluntarily entering into this Waiver and have carefully read and fully understand all of the provisions herein.
ACCEPTED AND AGREED
WESTERN K9 CLIENT
_________________________ _________________________
Representative Representative
_________________________ _________________________
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