Training Service Agreement
The Customer wishes to engage JB Dog Training to fulfil services, and JB Dog Training agrees to undertake services (hereafter referred to as the “Services”) as set out in the Service Invoice and in accordance with the policy and practices document (“Terms and Conditions”) and subject to the terms and conditions of this Agreement.
JB Dog Training : 25 Charborough Road, BS34 7RA
1. Commencement Date and Duration
1.1.a. A cooling off period shall be in effect should this Service Agreement be signed in the Customer’s home. The cooling off period is not applicable if the Service Agreement is signed on JB Dog Training premises. The cooling off period is 14 (fourteen) days. The Customer is entitled to cancel this Service Agreement and incur no penalty on the condition that no Services have been booked for specific dates, and / or no deposits have been paid.
1.1.b. Once payments have been made, or if the Customer has asked for the Services to commence within the 14 (fourteen) day cooling off period, the Customer is deemed to have waived their right to a cooling off period.
2. The Offering of Services
2.1.a. For the avoidance of doubt, the Services offered under this Agreement are Group Training Classes, Group Training Packages, Assessment Appointments, One-to-One Training sessions, One-to-One Training packages, Online training sessions, One-to-One dog walking, Group dog walking.
2.1.b. JB Dog Training shall perform the Services in an attentive, reliable, and caring manner, using all reasonable skill and care, having due regard to the Terms and Conditions and any relevant information as noted on the Service Invoice.
2.1.c. JB Dog Training shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, code of conduct and any other rules relevant to the provision of Services.
2.1.d. JB Dog Training shall act in accordance with all reasonable instructions given by the Customer provided such instructions are compatible with the specification of Services provided in the Terms and Conditions section of the Agreement. For the avoidance of doubt, where the Customer’s wishes conflict with relevant current UK legislation, the legislation prevails.
3. Customer’s Obligations
3.1.a. The Customer shall read and agree to follow the pertinent information in the Terms and Conditions section of the Agreement, as is applicable for the required Services.
3.1.b. The Customer shall use all reasonable endeavours to provide information to JB Dog Training necessary for JB Dog Training to provide Services.
3.1.c. The Customer agrees that the information provided to JB Dog Training is true to the best of their information, knowledge, and belief.
3.1.d. The Customer may issue reasonable instructions to JB Dog Training in relation to JB Dog Training’s provision of Services. Any such instructions should be compatible with the specification of Services provided in the Terms and Conditions.
3.1.e. The Customer authorises JB Dog Training to carry out the Services.
4. Booking and Cancellations
4.1.a. Bookings shall not be considered as ‘confirmed’ until JB Dog Training provides the Customer with a Service Invoice and the Customer pays the fees as outlined.
4.1.b. For Group Training Classes the Customer understands that the published fees pertain to the cost of a pre-defined course on a particular subject.
4.1.c. Cancellations of Group Training Classes must be notified in writing to JB Dog Training, no less than 2 (two) weeks before the session date, or no refund is due. If the Cancellation Policy period has passed, JB Dog Training may offer the Customer another date to attend the missed class if another session is available within 2 (two) months of the original class. The Customer understands that this constitutes as a gesture of goodwill and that an alternative date may not be available.
4.1.d. For Training Packages the Customer understands that the published fees pertain to the cost of a pre-defined course, consisting of multiple training sessions in one package. The course is sold as a package, and it is not possible to book or pay for individual sessions within these packages. Full payment for the package is required at the time of booking to secure the place for the agreed course time and date, which will be detailed on the Service Invoice.
4.1.e. Cancellations of Training Packages must be notified in writing to JB Dog Training. Should the Customer wish to cancel the entire package, no less than 2 (two) days’ notice is required from the start date, or no refund is due.
4.1.f. Cancellations of individual classes within the Group Training Packages are not eligible for a refund. JB Dog Training may offer the Customer another date to attend the missed class if another session is available within 2 (two) months of the original course. The Customer understands that this constitutes as a gesture of goodwill and that an alternative date may not be available.
4.1.g. For One-to-One Training Sessions, the Customer understands that the focus for each session is based on the details given in the Consultation Call and/or Customer Registration Form, or the Trainer’s observations during the dog’s Assessment Appointment.
4.1.h. Assessment Appointments are a chargeable service and the cancellation of this Service falls under the same policy as cancelling a One-to-One Training Session.
4.1.i. Cancellations of One-to-One Training Sessions must be notified in writing to JB Dog Training, no less than 2 (two) days before the session date, or no refund is due. If the Cancellation Period has passed, JB Dog Training may offer the Customer no more than 4 (four) alternative dates for the session within 4 (four) weeks of the original booking date. If the alternative dates offered declined or cancelled, the Customer shall receive no further alternative dates, and no refund shall be due.
4.1.j. JB Dog Training shall use all reasonable endeavours not to cancel or reschedule booked Services, however if cancellation or rescheduling is necessary at short notice due to Trainer illness or unsuitable weather, Customers will be given 4 (four) alternative dates to attend the session.
5. Fees and Payment
5.1.a. JB Dog Training will charge the Customer for the Services as quoted in the Service Invoice (the “Fees”) and the Customer agrees to pay JB Dog Training the Fees, promptly when they fall due.
5.1.b. Should any payment due under this Agreement remain unpaid for 5 (five) days after it falls due, JB Dog Training will be relieved of their contractual obligations under this Agreement and shall offer the booked Services to other customers.
5.1.c. Bookings for Services to be carried out on a public holiday may be charged at a different rate to the standard rate and will be documented in the Service Invoice.
5.1.d. Weekend services may be charged at a different rate to weekday services and will be documented in the Service Invoice.
5.1.e. Assessment Appointments and One-to-One Training Sessions in the Customer’s home are offered within 5 (five) miles from Filton, Bristol. Bookings outside of this range may incur additional charges for mileage and will be documented in the service invoice.
5.1.f. Any statutory fees to access a town, city, or area (such as, but not limited to congestion charges, bridge tolls and parking fees) incurred to attend the Customer’s home for Services shall be included on the Service Invoice.
5.1.g. The Customer agrees to pay for any damage to company property or possessions arising from the behaviour of their dog whilst on JB Dog Training’s premises, presentation of a valid receipt for replacement goods, or a quote for damage repair.
5.1.h. Approved payment methods are listed on the Service Invoice.
5.1.i. If the Customer fails to make payment on a due date, then JB Dog Training shall, without prejudice to any other rights or remedies of JB Dog Training, have the right to charge the Customer interest on a weekly basis at the rate of £2 per week.
5.2. Pricing and Rate Reviews
5.2.a. Service rates are reviewed annually. Customers regularly using the Services of the company shall be given a minimum of 2 (two) months’ notice of planned rate changes.
5.2.b. Services that have been booked and paid for remain at the price on the date of purchase, even it the service start date is after the date of the rate rise.
6. Termination
6.1.a. The relationship between JB Dog Training and the Customer shall remain in place until either party give notice in writing. The relationship shall not be severed until all Services that have been paid or, or partially paid for, have been provided.
6.1.b. Should the Customer wish to terminate the relationship without using the Services that have already been paid for, no refund shall be issued.
7. Standards and Insurance
7.1.a. JB Dog Training agree to provide a professional and reliable service to their customers. All animals under the care of JB Dog Training will be given the full care and attention needed to make their experience both fun and safe.
7.1.b. Customers, however, must accept that accidents or illness may occur in such a manner that can neither be foreseen nor prevented by JB Dog Training. The Customer shall indemnify JB Dog Training, who shall be held harmless in the following circumstances, unless the company can be shown to be negligent:
If a Customer's dog causes harm to a person or another animal, or damages property.
If a Customer's dog is injured or involved in or causes an accident.
If a Customer's dog causes a third party to claim for damages by way of injury to a person or an animal, or damage to property.
In such cases, the Customer will indemnify JB Dog Training against such claims and will liaise directly with the claiming third party.
7.1.c. Where negligence is proven by the Customer, claims shall be settled within the boundaries of the company’s business insurance policy.
7.1.d. JB Dog Training is covered by business insurance, but it is highly recommended that Customers have their own dog insurance to cover liability claims from a third party.
8. Aggressive or Unsocial Animals
8.1.a. Should any dog become aggressive or dangerous during the Services, JB Dog Training shall, in their sole discretion take whatever action they consider necessary in the best interest of the animal, other animals or people which may be encountered. The potential actions that JB Dog Training shall take are listed for each Service in the Terms and Conditions section of this Agreement.
9. Force Majeure
9.1.a. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations under this Agreement caused by conditions beyond its control including but not limited to acts of God, war, strikes, fires, floods, governmental restrictions, or power failures.
9.1.b. The Party (the “Affected Party”) prevented from carrying out its obligations shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
10. Assignment
10.1.a. JB Dog Training shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of this Agreement, be deemed to be an act or omission of JB Dog Training.
11. Data Protection and Privacy
11.1.a. Personal information shared with JB Dog Training for the purpose of using Services will not be sold or shared with third parties, in accordance with GDPR 2018 (or subsequent revision). Information is held on paper and electronically for periods required by HMRC.
11.1.b. Customers are advised that JB Dog Training may take and use photographs of dogs for marketing purposes; however, no specifics pertaining to the location of the dog, or the owner will be divulged publicly. If you do not wish JB Dog Training to use photos of your dog for marketing purposes, please tell the company in writing via email.
11.1.c. Photography and videography of sessions or parts of sessions is NOT permitted, without the express permission of JB Dog Training.
12. Entire Agreement
12.1.a. This Agreement, along with the Registration Form, the Terms and Conditions, and each Service Invoice constitute the sole and entire agreement between the Parties, and supersedes all prior agreements, representations and understandings of the Parties written or verbal. Any alteration of this Agreement must be in writing and signed by both Parties.
13. Notices
13.1.a. Any notice required to be served under this Agreement shall be in writing and shall be served by hand, post, or electronic mail.
14. Governing Law and Jurisdiction
14.1.a. This Agreement, its formation and any contractual disputes or claims shall be governed by and in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales. 14.1.b. Any Forbearance, tolerance, or delay in either party enforcing its contractual or legal rights shall not prejudice, restrict or prevent the right of the injured party to enforce its rights at a later date or later breach.
Terms and Conditions
1. General Policies Pertaining to All Services
1.1. Registration and Dog Information
1.1.a. It is the Customer’s responsibility to provide clear and accurate information to JB Dog Training on the Registration Form and any other documents that are provided to the Customer for completion. Changes or updates to the Registration Form must be put in writing to JB Dog Training. Email updates are acceptable. JB Dog Training shall be held harmless from claims where outdated written information is responsible for the incident, unless JB Dog Training can be shown to be negligent.
1.1.b. It shall be the sole responsibility of the Customer to inform JB Dog Training of their dog’s ongoing medical conditions or significant illnesses and conditions that they have suffered in the past. JB Dog Training shall not be held liable for decisions that are made, or their subsequent outcomes based on an omission of information of their dog’s registration form.
1.1.c. The Customer shall make clear on the Registration Form (using the notes section) any disputes related to the ownership of the dog, and legal matters relating to the dog for example a court order. 1.1.d. The Customer confirms that the dog is not subject to a Control Order under the Dangerous Dog Act 1991.
1.2. Vaccinations and Parasite Control
1.2.a. It is preferred that dogs participating in Group Training Packages are vaccinated in accordance with veterinary recommendation, including the vaccination for Leptospirosis. Kennel Cough vaccination is also preferred but is not mandatory. Titre testing is an acceptable alternative to the vaccination for Distemper, Hepatitis (adenovirus) and Parvovirus, however there is no titre test for Leptospirosis in the UK.
1.2.b. There can be no guarantee that there is absolutely no risk of disease at any venue or when in contact with any other dogs or equipment which may have been in contact with other dogs. It is the Customer’s responsibility to ensure that their dog is appropriately protected against the risk of disease.
1.2.c. It is preferred that dogs participating in Group Training Packages are treated for worms and fleas. If fleas or worms are found to be present during the Services, JB Dog Training shall remove the dog from the session to prevent contact with other customers and their dogs.
1.3. Allergies and Food Intolerances
1.3.a. If the dog has any known allergies or intolerances to certain foods or has any other special needs, it is the Customer’s responsibility to bring this to the attention of the Trainer prior to the start of the session, and to provide appropriate alternative treats or rewards for the session.
1.4. Infectious Diseases and Illness on Arrival
1.4.a. The Customer must contact JB Dog Training prior to arriving for Services if the dog is suspected of having a contagious illness.
1.4.b. JB Dog Training will safeguard keys in a manner consistent with that of the professional dog walking and dog sitting service industry. Keys will be tagged via a coded system and stored in a manner which offers reasonable protection against the theft or loss of keys.
1.5. Children in Training Classes and Sessions
1.5.a. Children are very welcome to attend training sessions, with appropriate adult supervision. JB Dog Training accepts no responsibility for children at training sessions and it is the responsibility of the supervising adult to always ensure the children’s safety.
1.5.b. Young people under sixteen must be accompanied by one adult.
1.6. Training and Handling Methods
1.6.a. The training techniques used by JB Dog Training are based on the principles of positive reinforcement and, as such, are reward based, kind and fair to the dog.
1.6.b. The harsh handling of dogs during training is not permitted. The use of physical force is not permitted during training sessions. Punishment or corrections by way of equipment designed to be aversive (such as, but not limited to choke chains, prong collars, check chains, e-collars, spray collars) are not permitted in training sessions and should not be used in training your dog.
1.7. Veterinary and Legal Advice
1.7.a. Trainers working for JB Dog Training are not qualified to provide veterinary or legal advice, and the information they provide is not intended to constitute such. 1.8. Customer Complaints
1.8.a. Customer complaints must be received in writing within 5 (five) calendar days of the end of the service which has triggered the complaint. JB Dog Training shall respond to the Customer within 7 (seven) calendar days of receipt of the complaint. JB Dog Training shall use all practical measures to resolve the issue, and discussions about the complaint are made in good faith.
2. Group Training Classes and Packages
2.1. Class and Session Attendance
2.1.a. It is the Customer’s responsibility to ensure they attend on the correct date, time, and place for the classes according to the company’s instructions.
2.1.b. Space may be limited at some classes, and it is preferred that each only one adult and one child (optional) is present per dog booked into the class or session.
2.1.c. Customers must tell JB Dog Training in advance of attending group classes if their dog requires a muzzle. If JB Dog Training agrees that the dog may attend a group class, the dog must wear a well-fitting muzzle for the session(s). 2.2. Equipment and Behaviour
2.2.a. Customers must ensure that dogs arrive wearing a well-fitted and secure flat collar with an ID tag, and a lead. If a harness is allowed, the company will advise of this. Extending and retractable leads are not permitted for training.
2.2.b. Dogs must be kept on a lead during training and away from other dogs unless agreed with the Trainer during the class.
2.2.c. The Customer is responsible for bringing any recommended equipment advised by the company to the session.
2.2.d. Customers are expected to clean up after their dogs in and around the training venue and must come to class suitably prepared with poop waste bags.
2.2.e. Customers are required to keep their dog under control during the Services, and during wait periods before sessions begin. JB Dog Training shall be held harmless for any accidents, incidents or injuries to Customers and their dogs outside the period of the class or session unless they can be proven to be negligent.
2.2.f. Any dog that is unable to settle during a session causing disruption to the class may be removed from the class. JB Dog Training may suggest an alternative class or solo training for the dog depending on the circumstances and the Trainer’s observations.
2.3. Unneutered Dogs
2.3.a. The Customer understands and agrees that females in season are not suitable to attend group sessions or classes. The Customer must contact JB Dog Training and arrange to reschedule any booking for after the season is finished. This scenario falls outside of the cancellation policy.
2.3.b. Female dogs that attend group classes whilst in season will be removed from the class. 3. Dog One-to-One Assessment Appointments
3.1. Equipment
3.1.a. Customers must ensure that dogs have a well-fitted and secure flat collar with an ID tag, and a lead. If a harness is allowed during the Assessment, the company will advise of this. Extending and retractable leads are not permitted for Assessments.
3.1.b. Dogs must be kept on a lead during the Assessment unless agreed with the Assessor during the visit.
3.1.c. The Customer is responsible for providing any recommended equipment advised by the company to the Assessment.
3.1.d. Customers must tell JB Dog Training in advance of the Assessment if their dog requires a muzzle. The dog must wear a well fitting muzzle for the Assessment.
3.2. Feedback and Next Steps
3.2.a. The training plan that is provided shall be specific to the dog attending the Assessment Appointment. It is not designed for and should not be used for any other dogs without prior consultation with JB Dog Training as it may not be relevant or inappropriate for another dog.
3.2.b. Customers agree to take all necessary steps to aid the Assessor and to follow on with any instruction or advice provided by the Assessor. The Customer understands and accepts that if advice and training plans given by JB Dog Training are not correctly followed, that their dog will not improve or transform as per any verbal or written assurances.
3.2.c. If the training plan and next session require the presence of another dog to complete the lesson, providing the additional dog shall be added to the One-to-One session invoice.
4. One-to-One Training Sessions
4.1. Equipment
4.1.a. Customers must ensure that dogs have a well-fitted and secure flat collar with an ID tag, and a lead. If a harness is allowed during the Training Session, the company will advise of this. Extending and retractable leads are not permitted for Training Sessions.
4.1.b. Dogs must be kept on a lead during the Training Session unless agreed with the Trainer during the visit.
4.1.c. The Customer is responsible for providing any recommended equipment advised by the company to each Training Session.
4.1.d. Dogs that require a muzzle must wear a well-fitting muzzle for all Training Sessions.
4.2. After One-to-One Sessions
4.2.a. Customers agree to take all necessary steps to follow on with any instruction or advice provided by the Trainer. The Customer understand and accepts that if advice and training plans given by JB Dog Training are not correctly followed, that their dog will not improve as per any verbal or written assurances. Customers need to commit to reinforcing and practicing the training between sessions to see any improvement or transformation.
4.2.b. If the training plan and next session require the presence of another dog to complete the lesson, providing the additional dog shall be added to the One-to-One session invoice.
4.2.c. The Customer will receive a follow up call within 7 (seven) days of the session to answer any further questions about the training instructions that have been left with the Customer.
By confirming a booking with JB Dog Training, both parties acknowledge they are legally authorised and entitled to do so, they fully understand and accept the terms (having taken legal advice if they consider it appropriate or necessary) and agree to be bound by the terms.