1) Contract. NEW HOPE Dog Training, LLC, “NEW HOPE.”) agrees to provide, and OWNER agrees to pay for, training for his/her dog according to the following terms. This represents the complete agreement of the parties and supersedes any prior negotiations. It may only be modified in writing signed by NEW HOPE and OWNER. This contract shall be governed by Michigan law and OWNER consents to jurisdiction in any court of NEW HOPE choosing in Kent County, Michigan.
2) Training. NEW HOPE agrees to provide education during “Training Sessions” to PET to be scheduled at times mutually convenient to NEW HOPE and OWNER. OWNER agrees to be present for all Training Sessions and is responsible for the care. custody and control of its PET while attending Training Sessions. All Training Sessions must be completed on or before the Expiration Date identified below. Any Training Sessions not completed on or before the Expiration Date will be forfeited and the fees for them non-refundable.
3) Content of Training Sessions. All Training Sessions will be conducted by NEW HOPE staff in their sole judgment and discretion. Although a written course outline will be provided, OWNER acknowledges and agrees that training PET is dependent on the unique circumstances of the PET. NEW HOPE may diverge in its training from the course outline at NEW HOPE sole judgment and discretion. OWNER agrees to cooperate with all instructions of NEW HOPE in and out of Training Sessions, including follow-up exercises with PET outside of the Training Sessions. Failure of OWNER to comply with this Agreement or any NEW HOPE instruction is grounds for NEW HOPE to immediately cancel the Training Session and cancel all future training services, and OWNER will forfeit the fees for that Training Session and all other unused Training Sessions. Successful training is a result of establishing good patterns and correcting negative behavior and is dependent on follow up outside of Training Sessions with the level of obedience established in Training Sessions. Results are varied and affected by numerous factors beyond the control of NEW HOPE. OWNER acknowledges that NEW HOPE does not and cannot guarantee the success of any training.
4) Payment. Owner agrees that all fees and charges for Training Sessions must be paid in readily available funds (including cash or money order) in advance and are non-refundable.
5) Scheduling. The scheduling of all Training Sessions is subject to the availability and discretion of NEW HOPE. Cancellation of a Training session by OWNER with less than 48-hour notice will result in the OWNER forfeiting the Training Session, If NEW HOPE cancels an appointment, the OWNER may reschedule the appointment at any mutually agreeable time before the Expiration Date for no additional fee. Training sessions that are not completed before the Expiration Date may be rescheduled for an additional per session fee.
6) Oral representations. Attached and incorporated by reference herein are NEW HOPE “SAFETY TIPS” and “SUCCESSFUL TRAINING guides provided to all OWNERS. OWNER agrees he/she will not rely on any oral representations presented during training sessions.
7) Reservation of Right to Refuse Training. NEW HOPE reserves the right for any reason or no reason at all to terminate its training services at any time.
8) Equipment and Training Area. All Training Sessions will be held either online or in the OWNER’S home. OWNER agrees to provide an adequate and safe area to conduct training sessions as instructed by NEW HOPE. OWNER further agrees to provide suitable and safe equipment as requested by NEW HOPE. OWNER represents and warrants that it maintains adequate insurance, including liability and property damage coverage. Failure by OWNER to provide space and equipment as required by NEW HOPE will justify cancellation of training services, NEW HOPE may demand that persons other than OWNER be removed from the training area.
9) Behavior. Physical abuse or unsportsmanlike behavior by OWNER towards the trainer(s), working dog(s) and/or his/her PET is not tolerated. Failure to comply will result in OWNER forfeiting all fees and all Training Sessions.
10) Photographic and Written Media Release. NEW HOPE occasionally uses photographs, video and/or lesson and training experiences of students and animals for advertising and/or training purposes. Written media may include but is not limited to internet blogs, brochures, and other publications. By signing this Agreement OWNER agrees and consents to use of its image and likeness of that of its animal by NEW HOPE.
11) Responsibility and Release. All instruction and training is provided at OWNER’s risk. NEW HOPE is not responsible for any injury or damage to any person, animal, or property. Further, other than the gross negligence or intentional actions of NEW HOPE, NEW HOPE is not responsible for any actions of OWNER, PET, or other persons or animals. OWNER releases NEW HOPE from all liability for injury or damage to persons, animals, or property. Indemnification. OWNER, jointly and severally, shall pay. reimburse, indemnify, defend, and hold harmless NEW HOPE and its members, employees, agents, successors, and permitted assigns from and against any and all claims, suits, actions, assessments, losses, diminution in value, liabilities, taxes, fines, penalties, damages, costs, and expenses (including reasonable legal fees), or any other threat or claim in connection with or resulting from actions of the PET or otherwise relating to the training provided pursuant to this Agreement, except for damages determined by a court to have been caused by NEW HOPE’ gross negligence or intentional unlawful behavior.
12) PET Condition. OWNER represents to NEW HOPE that PET is current on all vaccinations and that PET has not been exposed to rabies, distemper, or other disease within the last thirty days. OWNER also represents that PET has not harmed or shown aggressive or threatening behavior towards any person or animal with exception to what has been specifically disclosed in the training application. OWNER also promises to immediately notify NEW HOPE if any of these conditions change. Such a change in condition will justify NEW HOPE discontinuing training service.
13) Assignment. Neither this Agreement nor any right, remedy, duty or obligation arising under this document shall be assigned by either party. Severability. Any provision of this Agreement found to be contrary to Michigan law or otherwise unenforceable shall not affect its remaining provisions. In such a case, this Agreement shall be interpreted as if the unenforceable provision was modified (if possible) or, otherwise, deleted from this document.
14) Governing Law, Venue and Jurisdiction. The laws of the state of Michigan shall govern this Agreement. The parties agree that venue and jurisdiction shall lie in state or U.S. federal court having jurisdiction in Kent County, Michigan (USA).
15) Miscellaneous. This Agreement may be modified or amended only by written agreement signed by both parties. This Agreement constitutes the entire agreement between the parties and there are no other agreements or understandings, oral or written, existing between them.
16) Term. This Agreement shall terminate (12) months thereafter (the “Term”). This Agreement may be extended or terminated by either party at any time and for any or no reason whatsoever.