This Agreement is between the Pet Owner (referred to as “Client”) and Keep Your Pet, LLC (referred to as “Consultant”).
For good and valuable consideration, the parties agree as follows:
Service - Weekly Behavior Assistant Consultation: The Weekly Behavior Assistant is a week-by-week as-needed program designed to get the Client started as quickly as possible. This program provides the Client with step by step instructions and/or checklists as needed via email as Client progress through the problem behavior. Consultant reviews short videos and answers animal behavior questions received from the Client via email. Consultant will provide recommendations based on the information received from Client via email. Client agrees to pay Consultant a nonrefundable fee in the amount of $50 when the invoice is received for that week’s assistance. This assistance could include replies to client questions via email, recommendations for clients, checklists, scheduled phone calls, facetime, or skype discussions, and/or review of short videos as appropriate.
Consultant will make every reasonable effort to help Client achieve training and behavior modification goals but makes no guarantee of Pet’s performance or behavior as a result of providing professional animal behavior consultation. Client may decide to continue on with additional behavior assistant programs offered in which the terms of this contract also apply. Client understands that he/she and members of the household must follow Consultant’s instructions without modification, work with Pet daily as recommended, and constantly reinforce training being given to Pet.
Authorization of payment: By signing, you authorize the Consultant to charge your credit card one-time or weekly or cash your check as payment to participate in the program. For any reason, Client may choose to remove or cancel themselves from the program and should do so in writing giving a minimum of 7 days notice. Any payments returned by Client’s bank will result in a $35 service charge, in addition to the balance due through a guaranteed payment instrument. By signing you agree that, if for any reason, you choose to remove or cancel yourself out of the program you are obligated to pay or continue paying any outstanding balance(s). To further clarify, no refunds will be issued and all scheduled payments must be paid on a timely basis whether you complete the program or not. By signing, you agree with these terms and agree not to initiate a charge-back procedure on any credit cards on account for any reason. Should a dispute over payment arise, you agree that resolution shall first be attempted between yourself and the Consultant.
Termination for unprofessionalism: By signing, you agree that the Consultant may, at its sole discretion, terminate this agreement, and limit, suspend, or remove any participant from continuing in the program at any time without a refund if the participant ceases to follow the program guidelines, becomes disruptive or difficult to work with, or if participant impairs the participation of program instructors or participants in the program.
Cancellation Policy: If Client fails to give at least 24 hours cancellation notice, or is not present at time of scheduled appointment, session fees are still due. By signing you agree that if you miss any scheduled coaching calls or in-home visits, you lose that session and cannot reschedule it.
Liability: If Pet causes property damage, or bites or injures any dog, animal, or person (including but not limited to Consultant and Consultant’s agents), during the term of this Agreement, then Client agrees to pay all resulting losses and damages suffered or incurred, and to defend and indemnify and hold harmless Consultant and Consultant’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees. If Pet is injured in a fight or in any other manner during or after the term of the Agreement, Client assumes the risk and agrees that Consultant will not be held responsible for any resulting injuries, losses, damages, costs, or expenses. Consultant is not responsible for any unintentional errors, omissions, or incorrect assertions. Client warrants that Client has homeowner’s liability insurance in effect during the term of this Agreement, including liability coverage for Client’s pet.
At Consultant’s sole election, Consultant’s duties hereunder shall terminate if (a) in Consultant’s sole judgment Pet is dangerous or vicious to Consultant or any other person or animal, or interferes with the training of other pets, or (b) Client breaches any term or condition of this Agreement. Upon termination in accordance with the foregoing, Consultant’s duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.
This agreement is binding upon Client, Client’s heirs, fiduciaries, successors, agents, representatives, and assigns. Client acknowledges that Consultant has not represented, promised, guaranteed, or warranted that Pet will never bite, that Pet will not be dangerous or vicious in the future, that Pet will not exhibit other behavioral 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 signed by both Client and Consultant. This Agreement shall be governed by Maine law. In the event of a dispute regarding services or damages, the maximum recovery will be a refund of fees paid.
Confidentiality: By signing below you agree (1) not to infringe on the Consultant’s copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any information shared by the Consultant is confidential and proprietary and belongs solely and exclusive to the Consultant, (3) you agree not to disclose such information to any other person. By signing below, you further agree that (4) all materials and information provided to you by the Consultant are confidential and proprietary intellectual property, belong solely and exclusively to the Consultant and may only be used by you as authorized by the Consultant and (5) the reproduction, distribution, and sale of these materials by anyone but the Consultant is strictly prohibited. Further, by signing below you agree that if you violate or display any likelihood of violating any of you agreements contained in this paragraph the Consultant will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Financial responsibility: We have made every effort to accurately represent the program and its potential benefits. Results can and do vary; therefore the Consultant makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, desire, motivation, and your pet’s background and motivation. By signing below you also acknowledge that payment of your program fees will not place a significant financial burden on you or your family.
Disclaimer: The program instructors are not qualified to provide human relationship advice and the information provided to you by the program instructors is not intended as such. You should refer all human relationship related inquires to appropriately qualified professionals.
Release to veterinarian: Client gives permission for Consultant to release to the Veterinarian listed on the questionnaire a summary of recommendations recommended.
By signing below, Client hereby acknowledges that Client has read, understands, and agrees to be bound by the terms and conditions stated herein. Client is over 18 years of age. This contract is validated by signing and is approval for future services without additional written authorization. Electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.