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, b) permitting a dog to attend, c) accepting the Services of, or d) purchasing, streaming, or downloading any digital materials from Focus Dog Behaviour And Training, the Client is deemed to have accepted these Terms and Conditions.

Definitions:
Client means the person purchasing or receiving the Services.
Services means all services provided by Focus Dog Behaviour and Training, including but not limited to one-to-one training, group classes, behaviour consultations, online consultations, coaching sessions, programmes and Digital Products.
Digital Products means all digital content supplied electronically by Focus Dog Behaviour and Training, including but not limited to downloadable PDFs, handouts, ebooks, worksheets, templates, videos, audio recordings, prerecorded courses, webinars, online resources, recordings and any other digital content supplied electronically.

Training Sessions

1. No guarantee is given regarding the individual results achieved by attending and/or participating in Training Classes, Sessions, Programmes or Packages. 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. Unless otherwise agreed in writing, 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 these Terms and Conditions, the Client consents to Focus Dog Behaviour and Training using such photographs and videos as described in this clause.

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.

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

6. Clients are not permitted to record, photograph, film, screenshot or otherwise reproduce 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.

7. Outdoor training sessions such as "Beyond Your Home" may take place in public locations. The Client is solely responsible for their dog’s behaviour, control, behaviour and welfare at all times, including during and after training sessions.

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, breaches any provision of the Training Policy, Focus Dog Behaviour and Training reserves the right to cancel any packages, sessions or classes without refund.

Health & Behaviour

1. By engaging the services of Focus Dog Behaviour and Training, the Client agrees that all information provided regarding their animal’s behaviour, history, and any relevant circumstances is true, accurate and complete to the best of their knowledge and belief. The Client acknowledges that withholding, misrepresenting, or failing to disclose pertinent details, such as previous aggression, medical conditions, or behavioural concerns, may pose a significant risk to the safety of the practitioner, the Client, the dog, and others. Under the Animal Welfare Act 2006, all animal owners and keepers have a legal duty of care to ensure the welfare of their animals and to prevent harm to others. In the case of dogs, the Dangerous Dogs Act 1991 and related legislation impose additional responsibilities to prevent a dog from being dangerously out of control. Failure to provide full and honest disclosure may result in the immediate termination of services without refund, and Focus Dog Behaviour and Training shall not be held liable for any consequences arising from such omissions. The Client accepts full responsibility for any legal repercussions that may arise from undisclosed behavioural issues or other relevant factors.

2. The Client understands that failure to provide full and honest disclosure, as outlined in (1) above, may result in immediate termination of services without refund. The Client accepts full legal responsibility for any consequences arising from undisclosed behavioural issues or other relevant factors.

3. The Client confirms they have made a full and frank disclosure of any characteristic, trait, or behavioural history that may affect their dog’s suitability for training sessions, classes, or programmes. Dogs with a known history of biting are not accepted for any group class or training session.

4. Should the Client's puppy or dog be reasonably considered unsuitable by Focus Dog Behaviour and Training for any class or programme, Focus Dog Behaviour And Training reserves the right to cancel the booking indefinitely, with immediate effect, without refund.

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

6. Outdoor sessions may involve exposure to varied environments and unpredictable stimuli (e.g., people, traffic, off-lead dogs, wildlife etc). It is the Client’s responsibility to ensure their dog is adequately managed on lead and under control at all times. Reactive or nervous dogs must be discussed in advance.

7. To ensure a safe and responsible dynamic, females in season generally cannot attend classes or group programme/s for at least four 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.

8. The Client agrees to ensure that their dog(s) are kept up to date on all vaccinations, de-worming, and de-fleaing recommended by their veterinary surgeon. Failure to comply may result in exclusion from classes without refund.

9. If fleas, ticks or lice are suspected or observed 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.

10. In any situation where dogs are in close contact, there is some risk of infectious disease transfer, including kennel cough. Vaccinations reduce, but do not eliminate, the risk. Therefore, by attending classes, the Client understands this risk and, in the event of illness, cannot bring a claim against Focus Dog Behaviour and Training.

11. Clients using Digital Products or other pre-recorded training materials are solely responsible for ensuring that their dog is physically, medically and behaviourally suitable to participate in any training exercise. As Focus Dog Behaviour and Training is not present to assess the dog or supervise the training, the Client must stop any exercise immediately if they have concerns about their dog's health, welfare, safety or behaviour and seek appropriate veterinary or professional advice where necessary.

12. The Client agrees that Focus Dog Behaviour and Training cannot be held liable for any accident, injury, illness, or death to their dog during training sessions, classes, or programmes, whether conducted indoors or outdoors. This complete liability exclusion extends fully to any training exercises, advice, or methods implemented by the Client after viewing Focus Dog Behaviour and Training’s pre-recorded videos or online materials.

13. The Client is expected to hold appropriate third-party liability insurance for their dog. This is often included in standard pet insurance or can be obtained through low-cost providers such as Dogs Trust Membership.

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. Once a 1-to-1 session or programme has started, refunds do not apply.

b. Clients may reschedule an individual session with a minimum of 72 hours’ notice.

c. Rescheduled sessions must be arranged for a mutually convenient date. Refunds and discount rates do not apply. Repeated cancellations or rescheduling requests may be treated as the session having been delivered and will be charged accordingly.

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, or have accessed, 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 may be held online, or 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 Service(s) and/or a Digital Product(s) 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, legal fees and expenses 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 or termination 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.

Digital Products, Online Materials and Intellectual Property Provided By Focus Dog Behaviour and Training.

1. Nature of Digital Products:
All Digital Products are supplied for educational, informational and, where applicable, entertainment purposes only. They are intended to demonstrate general dog training principles, concepts and techniques and are not intended to be, and should not be relied upon as, advice specific to the individual Client, their dog or their particular circumstances. The Client acknowledges that purchasing or accessing any Digital Product does not create a professional relationship between Focus Dog Behaviour and Training and the Client, does not constitute personalised training, behaviour, behavioural, veterinary or other professional advice, and does not include any assessment of the suitability, safety or effectiveness of any exercise for any dog, handler or Client.
2. Client Responsibility:
The Client acknowledges that any decision to implement or rely upon any information contained within a Digital Product is made entirely at their own discretion and risk.
3. Permission is granted to use the materials on Focus Dog Behaviour and Training's web site for personal, non-commercial use during the period of access granted by Focus Dog Behaviour and Training. 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), including as part of any dog training business, educational course, seminar, webinar, membership, social media content or artificial intelligence training.
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 notices from the materials.
e) transfer, assign, sublicense, distribute, publish, share with, or otherwise make the materials available to any third party, whether electronically, physically or by any other means, including by email, removable media, cloud storage services, websites, servers or online platforms.
4. 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.
5. 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.
6. 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 clear at the point of booking. By agreeing to these Training Terms and Conditions, the Client is deemed to have agreed to the applicable access period. Where no time limit is specified, ongoing access is granted until such time as Focus Dog Behaviour and Training notifies the Client that access will be terminated, or the Digital Product is no longer offered by Focus Dog Behaviour and Training, or Focus Dog Behaviour and Training permanently ceases trading. By agreeing to these Training Terms and Conditions, the Client is deemed to have agreed to this provision.
7. The above clauses (1-6) form part of the Terms and Conditions of Focus Dog Behaviour and Training's website use. The Client must also read those.

Complaints

If you have any complaints or concerns about the service provided by Focus Dog Behaviour and Training, they must be raised directly with Focus Dog Behaviour and Training. Complaints may be made verbally or in writing. 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 risks 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 arising out of or in connection with attendance at training sessions.

3. The Client agrees 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 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.

8. Outdoor sessions take place in public areas which are not under the control of Focus Dog Behaviour and Training. By attending, the Client accepts full responsibility for any incident or accident involving their dog in such locations.

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.

4. 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.

5. 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, sent by pre-paid first class post or other next working day delivery service, by commercial courier, or by email to the last email address notified by that party.
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 the Client; if sent by pre-paid first class post or other next working day delivery service to that address, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time the courier's delivery receipt is signed; or, if sent by 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 laws 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.