Focus Dog Behaviour and Training's Training Terms and Conditions

Focus Dog Behaviour and Training's Training Terms & Conditions

By a) enrolling a dog with or b) permitting a dog to attend or c) accepting the Services of, Focus Dog Behaviour And Training, the Client is deemed to have accepted these Terms and Conditions.

Training Sessions

1. While no guarantee can be made regarding individual results achieved by attending and/or participating in Training Classes, Sessions, Programs or Packages, Focus Dog Behaviour And Training can guarantee the level service you receive. Results depend upon many factors, including (but not limited to); the dog’s behaviour, breed or characteristics, the dog’s previous history, effective management, the Client’s training ability and the Client’s commitment.

2. Our 1:1 training sessions last up to 1 hour from arrival to departure, however, we base our sessions on quality rather than on time allotted.

3. During a training session, you/your family and your puppy or dog may be photographed and/or videoed for research, to record training progress, for educational materials and for promotional materials. These maybe uploaded on to Focus Dog Behaviour And Training website, Facebook (and other social media channels) and included in future course content. By agreeing to our Terms and Conditions you give consent to Focus Dog Behaviour And Training to use the materials as stated.

4. Children are welcome to attend certain group classes such as puppy classes with appropriate adult supervision. The children, and the safety of children, remain the sole responsibility of the supervising adult at all times. If the children are disruptive to the class, the supervising adult will be asked to remove them from the class.

4. Children will not be included in any photographs/videos.

5. Clients are not permitted to record Focus Dog Behaviour and Training (or other participants in a group class) unless by express advance permission of Focus Dog Behaviour and Training and the other participants.

Training Policy

1. By enrolling a dog in Training with Focus Dog Behaviour And Training, the client is deemed to have read and accepted the Training Policy. If a client, at any time, is found to break any clauses in the Training Policy, Focus Dog Behaviour And Training reserves the right to cancel any packages, sessions or classes without refund.

Health & Behaviour

1. The Client has explicitly confirmed that they have made a full and frank disclosure of any characteristic, trait or behavioural history that might make their dog unsuitable for training sessions, classes or programs. Please do not knowingly book a dog that shows aggression to people or dogs (or has bite history) onto training classes. Please contact me if you are not sure whether a class is suitable for your dog.

2. Should the Client’s puppy or dog be deemed to be unsuitable for any class or programme Focus Dog Behaviour And Training reserves the right to cancel the booking indefinitely, with immediate effect.

3. The Client takes full responsibility for their dog/s behaviour at all times, including when off lead and in public spaces.

4. To ensure a safe and responsible dynamic, females in season generally cannot attend classes or group program/s for at least 4 weeks. Where an online class is available, Focus Dog Behaviour and Training will ensure that females in season are able to attend online to avoid disruption to training.

5. The Client agrees to ensure that their dog/s will be kept up to date on all vaccinations, de-worming and de-fleaing.

6. If fleas, ticks or lice are noticed on the Client’s dog, the Client will receive immediate communication to seek advice from their vet and will be asked to leave classes if isolation is not possible.

7. In any situation where dogs are in close contact with each other, there is some risk of the transferal of infectious diseases, including kennel cough, and this is the case with bringing your dog(s) to a group class. Vaccinations reduce, but do not eliminate, the risk of infection. Therefore, by attending classes you understand the risk, and in the event of your dog becoming ill, cannot undertake a claim against Focus Dog Behaviour And Training.

8. The Client agrees that Focus Dog Behaviour And Training cannot be held liable for accident, death or injury to their dog during training sessions, classes or programs.

Payment , Booking & Cancellation

1. Payment for your 1-2-1 session is required in full 7 days in advance of your first session. For classes, full payment for the entire course is required in advance as stated on the Focus Dog Behaviour And Training website. Where packages are offered full payment is required as stated by the invoice or website.

2. Focus Dog Behaviour and Training has a cancellation policy. The Client is deemed to have read and agreed to terms of the cancellation policy when booking. A discounted rate may be applied when booking a further 1-2-1 session.

The Cancellation Policy for 1-2-1 sessions is as follows* (subject to clause 4 of The Policy):

a. Cancellations (or non- attendance) with 7 days or less before the booked session, there are no refunds the full rate will be charged. There is no discounted rate available.

b. Cancellations (or non- attendance) between 13 days and 8 days before the booked session, there will be a 25% refund of the cancelled session. You will receive a preferential rate when you book a further session which is 25% discount of the original cost.
c. Cancellations (or non-attendance) of 14 days or more before the booked session, the client may rebook the session to mutually convenient date. Refunds and discount rates do not apply.

3. The Cancellation Policy for group classes is as follows* (subject to clause 4 of The Policy):
There will be no roll-ons for non-attendance, or refunds issued for classes missed by the Client during a group Course. Therefore, if the Client does not attend with their dog for any reason, for example due to holiday or sickness, the class fee is still payable in full and not refunded. The Client is welcome to attend without their dog, if the Client's circumstances allow for this.

4. *Refunds will not be made in any circumstances if you have been given access to online programme materials.

5. Whilst Focus Dog Behaviour and Training strive to avoid changes and cancellations of your sessions. However, this is sometimes necessary due to circumstances beyond Focus Dog Behaviour and Training's control such as bad weather (such as snow or extreme heat) or illness/injury. Focus Dog Behaviour and Training reserves the right to cancel or change an appointment/class session at any time by notice with immediate effect. Your session will be rescheduled at the next available opportunity, or a refund issued if it is not possible for Focus Dog Behaviour and Training to provide the service at a later date.

6. All sessions contained within a training package must be taken within 4 months from the booking date.

7. There will be no refunds, or partial refunds, for expired sessions.

8. The preferred method of payment is via the Focus Dog Behaviour and Training website or by direct arrangement as stated on the invoice.

9. If you have been offered to spread the payments for a [product/service] over multiple instalments then you are liable for, and committed to, making ALL the instalment payments. You cannot cancel or walk away with instalment payments outstanding.

10. If the Client fails to make any payment due to Focus Dog Behaviour and Training by the due date for payment, then the Client shall pay interest on the overdue amount at the rate of [8%] per cent per annum above Barclays Bank Plc’s base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgement. The Client shall pay the interest together with the overdue amount plus all additional administrative, debt collection costs and legal fees incurred.

11. The Client shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Focus Dog Behaviour and Training may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by Focus Dog Behaviour and Training to the Client.

12. On cancellation for any reason, the Client shall immediately pay to Focus Dog Behaviour and Training all of the outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, Focus Dog Behaviour and Training shall submit an invoice, which shall be payable by the Client immediately on receipt.

Online Materials, Handouts and Other Resources Provided By Focus Dog Behaviour and Training.

1. Permission is granted to use the materials on Focus Dog Behaviour and Training's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) modify or copy the materials.
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
c) attempt to decompile or reverse engineer any software contained on Focus Dog Behaviour and Training web site.
d) remove any copyright or other proprietary notations from the materials. e) transfer the materials to another person or 'mirror' the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Focus Dog Behaviour and Training at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer The materials on Focus Dog Behaviour and Training's web site are provided 'as is'. Focus Dog Behaviour and Training makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Focus Dog Behaviour and Training does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to Focus Dog Behaviour and Training website.
4. The above clauses ( 1-3) form part of the Terms and Conditions of Focus Dog Behaviour and Training's website use. The Client must also read those.
5. For certain courses, the online material is viewable for a specified length of time only. Where a time limit is applied, this will be made a clear at the point of booking. By agreeing to the Training Terms and Conditions, the client is deemed as agreeing to the time limit.

Complaints

If you have any complaints or concerns about the service provided by Focus Dog Behaviour and Training you take these with them directly with Focus Dog Behaviour and Training. These can be spoken or written. Focus Dog Behaviour and Training welcomes honest and open communication.

Limitation of Liability

1. The Client takes responsibility for any costs which may be incurred, by either veterinary or other, as a result of any damage, accident, or sickness or death caused to or by their dog and will pay any such costs or expenses on demand.

2. Focus Dog Behaviour and Training makes every effort to ensure the safety of handlers and their dogs during 1-2-1 sessions and group classes. By enrolling with Focus Dog Behaviour and Training you accept that there are risks of injury in a training activity (as there are risk in all things) and some of these risks are beyond the reasonable control of Focus Dog Behaviour and Training. You agree to indemnify Focus Dog Behaviour and Training for all personal injury and damage to property while attending training sessions.

3. The Client agree to assume full responsibility for any risks, injuries or damages, known or unknown, which might occur as a result of your dog attending such sessions.

4. The Client agrees to make aware any parties accompanying them, (or whomever takes their place), spectating or participation is at their own risk.

5. The Client understands and accepts their dog remains entirely their responsibility at all times, whether or not in they are in the presence of Focus Dog Behaviour and Training.

6. Subject to Limitation of Liability: Clause 2, Focus Dog Behaviour and Training shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a. loss of profits;
b. loss of sales or business;
c. loss of agreements or contracts;
d. loss of anticipated savings;
e. loss of damage to goodwill; and
f. any indirect or consequential loss.

7. Force Majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

Additional Clauses

1. Entire Agreement
a. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. Variation.
No variation of the Contract shall be effective unless it is in writing and notified or accepted by Focus Dog Behaviour and Training (or its appointed director(s)).

3. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not: a. waive that or any other right or remedy; or
b. prevent or restrict the further exercise of that or any other right or remedy.

3. Severance.
If any provision or part-provision of the 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 the Contract.

4. Notices.
a. Any notice or other communication given to a party under or in connection with the Services shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email to the correct addressed email address if sent delivered-read (so email delivery and receipt can be acknowledged).
b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the Client’s address provided by him/her; if sent by pre-paid first class post or other next working day delivery service to the same address, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email one business day after transmission
c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

6. Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.

7. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

8. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.