Terms and Conditions of Service
Payments- Expenses and Fees- Locations: Client(s) agrees to pay Trainer(s) and or the Company before the start of first session a non-refundable fee in the amount determined by the Trainer or the Company. If Client would like to pay by check and the check bounces, a $50 (fifty dollar) Fee will be added to the amount owed. Failure to pay the Trainer and or Company may result in legal action in which accused Client must pay legal fees for the Trainer and or Company. Additional fees may apply for any service and at any time at Trainer’s discretion such as, but not limited to; less than 24 hour booking notice, more than one cancellation, distance Trainer must travel for service for Client, providing service outside of standard business hours posted on the website, holidays, and will be agreed upon between Client and Trainer in which case verbal and or written and or electronic proof can be provided. Trainer agrees to provide lessons and or care for Client and Animal on a session-by-session basis, with the goal being to teach Client how to train and work with Animal or provide care for Animal. These sessions will take place at Client’s home and or facility and or an alternate place agreed upon by Trainer and Client. Trainer will make every reasonable effort to help Client achieve training and behavior modification goals but makes no guarantee of Animal’s performance or behavior as a result of providing professional animal behavior training and consultation. Client understands that he and or she and members of the household and or facility must follow Trainer’s instructions without modification, work with Animal as recommended, and constantly and consistently reinforce training being given to Animal. The Client understands and agrees that Client is being trained to train Animal and that without 100 percent cooperation with the Trainer the Animal will not be trained. Client is responsible for all fees related to training as well as the purchase of all training equipment recommended by Trainer including but not limited to collars and or harnesses, Animal food, treats and or snacks for Animal, enrichment and desensitization objects and costs, safety items and or expenses, travel items and or expenses, leashes and or leads and any other training device or expense the Trainer sees fit. Trading services of equal or lesser value is allowed and encouraged with the Company and or the Trainer. If the Company and or the Trainer has agreed to trade services, and the other party has not fulfilled their part of the deal, they will be charged the remaining amount owed to the Trainer and or the Company to provide the remaining equal exchange of value. This contract may be extended beyond the first session with consent from both Trainer and Client. If this is the case, verbal and or written and or electronic proof can be provided. Other services or a change in services is also applicable under this contract as long as Client and Trainer agree, in which case verbal and or written and or electronic proof can be provided. All other terms of this contract are to remain unchanged and in full effect, and additional fees may apply at any time without any prior notice.
Refund and Cancellation Policy: landMARK animals, inc. provides many different services and are non-refundable due to the nature of these services. If a service is paid for ahead of time and cancelled in the appropriate amount of time, the money from the Client will be held as credit toward any Company service for 60 days. After 60 days, any remaining credit unused by the client will expire and be kept by the Company. Once a service is booked, the entire fee and or deposit put in place shall not be refunded by any trainer and or the Company for any reason. The Service must be cancelled 10 full days prior for pet sitting services. If access to the premise is not given to the Trainer, and the service cannot be provided due to lack of entry provided by the Client for any service, the session will still count as one (1) session and shall not be refunded or counted as a cancelled session. Trainer can cancel due to weather conditions with no prior notice! That includes, but is not limited to, severe storms, heavy rains, flash floods, severe weather alerts received by any credible source, (e.g. weather app or source, news, government notice, etc.) tropical storms, hurricanes, tornadoes, hail, or other potentially dangerous weather that could place Trainer, Client, and or Animal in ANY POTENTIAL HARM. Flooding may prevent trainer from arriving to Client facility, home and or appointment and is not held liable for any consequence of not arriving. Appointments will not be refunded due to weather or flooding preventing trainer from performing service. Trainer and or Company will TYPICALLY allow rescheduling of appointments due to weather but is not guaranteed. The Trainer may postpone any of the sessions provided 12 hours notice is given to Client, unless an “act of God” (such as severe weather) occurs within this time frame. The Client understands and agrees that failure to give at least 72 hours cancellation notice for dog walking, dog training, or another service besides pet sitting has been agreed upon, and or is not present at time of scheduled appointment, session fees are still due and session counts as one (1) completed session. Note, if service has already been paid for, no refund is given, but money will be held as credits as mentioned above. If Client is late for appointment, or busy with other tasks during predetermined session time, that time Client is busy still counts toward session time spent, regardless of time performing training or care. If Trainer is late for an appointment or busy with other tasks during predetermined session time, that time Trainer is busy will be owed to the Client. Additional fees may apply for any make-up session or missed information the Trainer has to give to a late or absent Client. Private training: Any missed or cancelled appointment by the Client must be paid in full unless other arrangements have been made 48 hours prior to scheduled appointment and agreed upon by both the Trainer and Client in which case verbal and or written and or electronic communication can be provided between Client and Trainer. The Company is not obligated to provide any free makeup session due to Client postponement if Trainer is notified in less than 36 hours from scheduled appointment. Each Client postponement will count as one of the remaining sessions owed to the Client and must still be paid in full if postponed less than 36 hours before scheduled session. If the Client is more than 15 minutes late for an appointment and or has not provided access to the premise and or has not notified the Trainer, the session is cancelled and counts as one (1) completed session. For a package deal, the session will still be counted as one (1) session. Group Class: In a group session, if the Client does not show, and no prior arrangement(s) have been made, the session(s) missed will count as completed session(s). If the Client is late for class, the class will not be postponed for that Client and any missed information will need to be made up with the Trainer at a later time and or date agreed upon by both the Client and Trainer. Any missed or cancelled appointment by the Client must be paid in full unless other arrangements have been made 36 hours prior to scheduled appointment and agreed upon by both the Trainer and Client in which case verbal and or written and or electronic communication can be provided between Client and Trainer. Care (for example; dog walks, pet sitting, pet massage, nutritional advice): Any missed or cancelled appointment by the Client must be paid in full unless other arrangements have been made 24 hours prior to scheduled appointment and agreed upon by both the Trainer and Client in which case verbal and or written and or electronic communication can be provided between Client and Trainer. The Company is not obligated to provide any free makeup session due to Client postponement if notified in less than 48 hours. Each Client postponement under 24 hours will count as one of the remaining sessions owed to the Client and must still be paid in full. Note that session times of any service may vary daily, and or be given within a two hour period for any appointment time such as, but not limited to, one hour before or after your scheduled appointment time.
Liability and Other Coverage- Media: If Animal causes property damage, or bites or injures any Animal or person (including but not limited to Trainer, Trainer’s agents, Trainer’s other Client(s), Trainer’s other Animal(s), Client, Client’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 The Company, Trainer and Trainer’s agents, from any resulting claims, demands, lawsuits, losses, costs or expenses, including but not limited to legal counsel, court, and attorney’s fees. If Animal is injured in a fight or in any other manner during or after the term of the Agreement, Client assumes ALL the risk and agrees that Trainer should not be held responsible for any resulting injuries, losses, damages, costs or expenses. At Trainer’s sole election, Trainer’s duties hereunder shall terminate if (a) in Trainer’s sole judgment Animal is dangerous or vicious to Trainer or any other person or Animal, or interferes with the training of other Animals, or (b) Client breaches any term or condition of this Agreement, or (c) Client does not follow proper instruction provided by Trainer including but not limited to maintaining safe distances, proper amount of practice, lack of Animal progress due to lack of Client efforts, or (d) Client is disruptive during session, Client is preventing Trainer’s other Client(s) and or Animal(s) from benefiting from class, Client is rude to Trainer or Trainer’s other Client and or Animal, Trainer determines that Client and or Animal is not fit for session or any reasonable reason or (e) Client uses methods not approved by Trainer, Client fails to bring and or wear proper training equipment (f) Trainer deems a Client or circumstance unreliable, untrustworthy, dangerous, irresponsible, unwise, rude, illegitimate, and or bad for business . Upon termination in accordance with the foregoing, Trainer’s duties shall terminate but all other provisions of this Agreement (including but not limited to the payment(s) previously made or agreed up in this Agreement) shall continue in full force and effect. Client hereby gives permission to the Company and the Trainer to take and or use any photo, video and or other audio and or visual of Client and or Animal to use for any medium the Company desires such as, but not limited to; Social Media (Facebook, Twitter, Instagram, Blogs, Websites, Forums and the like), Flyers, Pamphlets, Cards, or anything used or produced by the Company. I agree that they can also post and or use a location such as city, state or town and or First Name of Client and or Animal(s) and or a Last Initial of Client and or Animal(s) (ex. “Mark H. New Orleans” or “Fluffy H. LA”). Any media already posted may be removed upon request from Company marketing, however it is difficult to remove social media content from the internet so please be aware of that fact. If you do not wish for us to post and or take any further pictures and or audio and or visual of Client and or Animal, you must email us to let us know at firstname.lastname@example.org. We want to respect your wishes but please note we love sharing your furry family with others! Success stories are a critical part of growing and appreciate you, the Client, giving us (the Company) the opportunity to share pictures and videos of our services. This Agreement is binding upon Client, Client’s Agents, and spouse and family of Client. This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between 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 Animal or anything else. Without limiting the generality of the foregoing, Client acknowledges that Trainer has not represented, promised, guaranteed or warranted that Animal will never bite, that Animal will not be dangerous or vicious in the future, that Animal will not exhibit other behavioral, psychological or physiological problems, or that the results of the training will last for any particular amount of time. This Agreement may be amended only by a written instrument (including electronic agreements and communications) signed and or confirmed by both Client and Trainer and filed with the Company. I, the Client as the legal owner and or agent of the above mentioned Animal, having carefully read and fully understanding the terms of this agreement, do hereby waive and release The Company and the Trainer from any and all liability of any nature. This includes but is not limited to any injury, death, sickness or damage the Animal may suffer during or after any training and or care program or session(s). I also agree to indemnify and hold harmless the Company and Trainer from any and all claims due to damage the Animal may cause to any agents, family members, third parties and or person and or animal in general that the Animal comes in contact with during or after any training and or care. The Company cannot make any guarantee regarding the outcome of any training and or counseling and or care program. The Client assumes 100% responsibility for the Animal behavior and well being during and after the training and or counseling and or care program. The Client understands and agrees that they are being trained to train their Animal and that without 100% cooperation with the Trainer the Animal will not be trained. The Client understands and agrees that they are fully responsible for the health and or well being of their Animal and that the Trainer may be implementing a care program to supplement what the Client is doing or what a veterinarian has recommended and or prescribed (i.e. number of bathroom breaks in a day and or pet massage and or nutritional advice). Any care that the Trainer is implementing does not substitute for regular veterinary care and overall care of the Animal. The Trainer and The Company are not a veterinary clinic and only give educated opinions; please discuss with a veterinarian any changes you plan on making that may affect your Animal health and or well being. I understand The Company may utilize some or all of this information during the Animal(s) training and or counseling and or care program and I have taken special care to present the information in an accurate fashion. I agree to update The Company and or Trainer if any of this information changes and or medical conditions become known.
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