Flyway Retrievers E-Agreement
TERMS AND CONDITIONS OF TRAINING/BOARDING AGREEMENT
- Payment: first month down payment is due prior to start of training. The remaining training balance will be billed on a monthly basis thereafter with payment due within fifteen (15) days of the date of such billing or invoice. Any balance remaining will be due upon pick-up of Dog. No refunds will be given unless training is cancelled by Flyway Retrievers. If any amounts due and payable by Client are not paid when due, Client shall reimburse to Flyway Retrievers all actual costs of collection, including attorney fees and costs incurred in collecting amounts due and owing under this Agreement or for otherwise enforcing the terms of this Agreement.
- Indemnity and Hold Harmless: Client agrees to indemnify and hold Flyway Retrievers harmless from all liability for any loss, damage, or injury to persons, animals or property arising from or related to Client, the Dog or other animal’s activities before, during or after training. Client agrees that Flyway Retrievers shall not be liable for loss or damage to the Dog for any reason. Client understands that training is not without risk to Dog, Client, Client’s family members, invitees, or guests. The dangers may include, by way of example and not limitation: (a) animals that are difficult to control and that may bite, trip, knock down, collide, or fight; (b) the use of shot guns during the training and/or competition; (c) natural and man-made hazards (e.g., wildlife, equipment, slippery surfaces, trip hazards) that may exist on or at training and/or competition locations; (d) hazards associated with travel to and from training and/or competition locations; and (e) injury or death of the Dog.
- Client’s Assumption of Risk: The Client understands and assumes all risks associated with the training and housing of dogs. Such risks may include but are not limited to (a) travel to and from training locations and competition sites. (b) Hazards during everyday training such as hidden hazards, fences, ditches, etc. (c) discharging of blank and live ammunition. (d)Getting fleas, ticks, or worms. Contracting any illness or disease. (e) is lost or stolen. (f) Dog fights. (g) Injury or death during or after the terms of Agreement, on or off training location. The Client accepts the risks and agrees that Flyway Retrievers shall not be held responsible. The Client agrees to accept all cost and expenses associated with above risks and any other as specified by Flyway Retrievers.
- Termination: At Flyway Retrievers sole discretion a contract may be terminated if (a) a dog is deemed dangerous or vicious to any individual or animal. (b) a Client breaches any terms or conditions of this Agreement. Upon termination Flyway Retrievers duties shall terminate but all other provisions of this agreement shall continue in full force and effect. No refunds shall be given for prior training. Flyway Retrievers reserves the right to refuse services to any Client at any time at Flyway Retrievers discretion.
- Veterinary Care: The Client hereby authorizes Flyway Retrievers to seek veterinary or other care of the Dog, in a manner and at a location to be selected by Flyway Retrievers, in their sole and absolute discretion. Client shall be solely responsible for the cost of any such veterinary care or treatment incurred on-behalf of the Dog. Flyway Retrievers shall not be liable to the Client for decisions it makes regarding obtaining or not obtaining veterinary care or treatment.
- Personal Guarantee: If the Client is an LLC, Corporation, LLP or other entity, then the individuals signing this Agreement hereby agree to, jointly and severally as applicable, personally guarantee the payment and collection of all fees and costs payable under this Agreement, on behalf of said entity.
- New Policies: Flyway Retrievers reserves the right to adopt new and additional policies and procedures, from time to time, without the prior written permission of the Client. Pricing also subject to change with prior notification.
- No Warranty: 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 Flyway Retrievers has not represented, promised, guaranteed or warranted that Dog can be trained, 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 training will last for any particular amount of time.