Training Agreement and Waiver for Fly N Gun Kennels LLC

Dog Training Class Service Contract

This Agreement made on the day of , 20 ,

between (Name of Dog Training Service Provider),

referred to herein as Trainer, and

of

referred to herein as Dog Guardian. The Trainer and the Dog Guardian may be referred to individually as the “Party” and collectively as "Parties."

Guardian’s Name:

Referred By:

Home Phone:

Work Phone:

Cell Phone:

Email:

Address:

Dog’s Name/ ID:

Breed/Age/Sex:

Dog’s Name/ ID:

Breed/Age/Sex:

Emergency & Health Information

Emergency Contact:

Phones:

Vet Office/ Vet’s Name:

Phone:

Dog’s Recent Vaccination History (please attach copy of current vaccination record):

Dog’s Food, Treats, Dietary Restrictions, etc:

Description of Services

Name of Class:

Date/ Time:

Class Fee: $

1. Liability Waiver & Policies

Trainer will endeavor to create as safe an environment as possible for the training of Guardian’s dog and will endeavor to offer only sound, safe, and responsible training and training instructions. However, Dog Guardian recognizes that Trainer is not responsible for any unintentional errors, omissions, or incorrect assertions. Dog Guardian understands that the recommendation of any other product or service is not a guarantee of Dog Guardian’s satisfaction with that product or service. Further, Dog Guardian will remain responsible for the actions of his/her dog at all times. Dog Guardian hereby agree to abide by the rules and policies of Trainer’s training classes as set forth in this contract. Dog Guardian understand that attendance of dog training classes is not without risk to Dog Guardian, members of Dog Guardian’s family, guests who may attend, or to Dog Guardian’s dog. In consideration of, and as inducement to the acceptance of Dog Guardian’s application for training membership in this training class, Guardian agree to indemnify and hold harmless Trainer, its officers, directors, instructors, agents, employees and/or representatives of any and all claims, or claims by any member of Dog Guardian’s family, or accompanying guests of injury, expense, costs or damages to Dog Guardian, his/her dog or any handler sponsored by Dog Guardian both in class and out of class. In addition, Dog Guardian agree that he/she will defend and indemnify Trainer for any injury, expense, costs or damages to any dog handlers or dogs, whether sponsored by Dog Guardian or not, or to third parties arising out of Dog Guardian’s own actions or the actions of his/her dog. Dog Guardian has read the above-stated provisions, and agrees to accept those responsibilities.

Initial:

2. Payment Policy

Payment must be received at time of registration.

Initial:

3. Cancellation Policy

• Cancellation seven days prior to the start of the first class will be charged a $25 processing fee.

• No refunds are available for cancellations less than seven days prior to the start of class.

• No refunds are available for missed classes (including classes missed due to females in estrus cycle).

• Attendance at orientation is mandatory to attend any class. Failure to attend will result in forfeiture of class registration fee.

Initial:

4. Class Rules

Trainer reserves the right to decline entry to any dog who presents a behavior issue that may be overly dangerous, disruptive, or that may be exacerbated by participation in a group class. If the class instructor determines the group class environment is not suitable for Dog Guardian’s dog, the Guardian will receive a pro-rated refund for the class.

Trainer welcomes all friendly dogs. For safety reasons, females in estrus cycle may not attend class.

Initial:

5. Modification

This Agreement may not be changed or modified except by an Agreement in writing signed by the parties hereto.

6. No Implied Waiver

The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.

7. Notice

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective Party as follows:

If to the Trainer:

If to the Dog Guardian:

8. Governing Law

This Agreement shall be governed by the laws of the state of .

9. Counterparts/Electronic Signatures

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.

10. Severability

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

11. Successors and Assigns

All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and assigns. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties.

12. Entire Agreement

This agreement supersedes all previous Agreements, either verbal or written, between Trainer and Dog Guardian. This agreement will not be amended by any verbal statements by whosoever made, and no such statement shall be binding upon Trainer unless the same shall have been reduced to writing and signed by an officer of Trainer. This Agreement constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof. This agreement supersedes all previous Agreements, either verbal or written, between Trainer and Dog Guardian.

13. Headings

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

14. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

IN WITNESS WHEREOF, the parties have executed this Vehicle Extended Service Contract on the day of , 20 .