Lionheart K9 Waiver

Lionheart K9, LLC (trainer) and I, in consideration for the amount paid for training products and/or services, agree to the following:

PAYMENT AND REFUND POLICY

All fees must be paid in full prior to service being delivered. Fees paid for training are non-refundable, without exception. Dog training is a service-based business and there is no way to "return" a service. Even if the client decides not to complete all sessions or utilize all features of the training program they purchase, no credits, or partial refunds will be given. If, for reasons outside of the control of Lionheart K9, LLC, a client is unable to complete their lessons within the allotted time period, the incomplete portion of the training program shall be considered forfeited.

NON-GUARANTEE DISCLAIMER

We offer no guarantee of results for our training. Lionheart K9, LLC cannot guarantee that your dog will instantly start to behave, or problems will be resolved. Your success is contingent on your efforts and results will vary. There are too many factors beyond our control, such as but not limited to: the amount of time you are willing to spend training your dog, your ability to apply what you have learned, and the possibility that your dog may have a genetic or health condition, or other factor affecting its behavior.

REQUIREMENTS FOR SERVICE

For all training provided by Lionheart K9, LLC, it is expected that all dogs will be on leash and will not come in direct contact with any other dog or person at any time, unless specifically directed to do so by the trainer. Clients are expected to always wear pants and close-toed shoes with solid grip while in training. Use of cell phones during training is prohibited. Clients are expected to promptly follow all directions provided by the trainer. Clients will be asked to leave the training session in the event proper attire and appropriate conduct are not observed.

Clients must provide written proof that their dog is current on the following vaccinations (or provide titers) prior to commencing any training provided by Lionheart K9:

Rabies (applies dogs 16 weeks and older)
 Distemper
 Parvovirus
 Adenovirus
 Parainfluenza
 Bordatella

Clients may be dismissed from training without refund in the event that the client does not follow the instructions and training exercises or fails to use the tools that are provided or recommended by Lionheart K9, LLC. The decision that a client is failing meet this standard will be made at the sole discretion of Lionheart K9, LLC.

Clients may be dismissed from a training without refund if the client is believed to be under the influence of drugs or alcohol during any training session.

Clients may be dismissed from training without refund if it is felt that the client is unable to maintain control of their dog in a safe manner or follow the instructions given by representatives of Lionheart K9, LLC.

Clients should complete or end participation with other dog training services prior to enrollment with Lionheart K9, LLC and will forfeit all features of their training program with Lionheart K9, LLC upon engaging in training services outside those provided by Lionheart K9, LLC once training has commenced, unless discussed and approved in writing by Lionheart K9, LLC in advance.

Dogs who have ever bitten any person or animal are required to wear a properly fitted three strap Jafco basket muzzle as a prerequisite to attend any training in any form with Lionheart K9, LLC, unless specifically informed to do otherwise by Lionheart K9, LLC. Any client asked by Lionheart K9, LLC to muzzle their dog for any reason must comply with that request or their training program will be terminated without refund.

Clients are expressly prohibited from sharing any training materials, information, or knowledge provided to them by Lionheart K9, LLC. All training information is protected under copyright and intellectual property law.

Clients are prohibited from offering competing professional services. These services include but are not limited to services, presentations, or consultations related to dog training or dog behavior.

SUPPORT POLICY

In order to qualify for continual support, a client must complete the following:

Maintain good attendance

Private lesson programs: miss no more than one lesson.
Private lesson programs: complete lessons with no gaps longer than two weeks between lessons.
Immersion training programs: complete all private follow up lessons as outlined above.

Complete homework correctly and in a timely fashion

Upload a minimum of three videos of your homework each week to the appropriate location for your trainer to review.
Demonstrate in those videos that you are following instructions provided and completing the homework correctly.

This support policy is available for any programs offered by Lionheart K9, LLC, including PRIVATE, PUPPY, and IMMERSION programs. Additional in-person training lessons are made available only through a group class format. If a client is enrolled in an online only program, the support guarantee applies to access for the online program the client is currently enrolled in, only.

PRIVATE TRAINING TERMS AND CONDITIONS

Private training is available to dogs from 5 months old into maturity. Private session programs must be completed in a timely fashion. Clients are granted two additional weeks to complete their program, beginning from the first session. For example, a six-week program must be completed within 56 days from the date the first session is scheduled.

Failure to do so will lead to forfeiture of any remaining private classes as well as any opportunity to participate in group drop-in classes, or any other training offered by Lionheart K9, LLC. The client will also not be eligible for any training discounts. Additionally, access to any additional resources, such as Facebook groups, online access to training materials and video will be revoked.

Private sessions will be scheduled at a time and location convenient to the trainer. Excluding extenuating circumstances (as determined by Lionheart K9, LLC), if the client cancels a private session with less than 48 hours’ notice or fails to attend a scheduled session, that session will be forfeited. The duration of any private training session is based on the amount of time needed for the trainer to communicate the lesson and will not exceed 60 minutes.

Private sessions are scheduled at specific intervals. Clients that arrive late will forfeit the time between the scheduled appointment start time and the time they arrived.

Clients are prohibited from offering competing professional services. These services include but are not limited to services, presentations, or consultations related to dog training or dog behavior.

PUPPY TRAINING TERMS AND CONDITIONS

Puppies must be between 8 and 19 weeks old at the start of the first class. Clients are granted one additional week to complete their program, beginning with the first session. For example, a four-week program must be completed within 5 weeks, from the date the first session is scheduled.

Failure to do so will lead to forfeiture of any remaining private classes as well as any opportunity to participate in group drop-in classes, or any other puppy specific training offered by Lionheart K9, LLC. The client will also not be eligible for any training discounts.

Additionally, access to any additional resources, such as Facebook groups, online access to training materials and video will be revoked.

Puppy Programs are geared towards dogs that are in the early developmental stages, primarily the socialization period and the early weeks of the juvenile stage. Optimizing this brief period of development is critical. Missed lessons are missed opportunities.

Private sessions are scheduled at specific intervals. Clients that arrive late will forfeit the time between the scheduled appointment start time and the time they arrived.

Clients are prohibited from offering competing professional services. These services include but are not limited to services, presentations, or consultations related to dog training or dog behavior.

ONLINE TRAINING TERMS AND CONDITIONS

Online class fees are non-refundable. Any material missed by clients for any reason outside of the direct control of Lionheart K9, LLC are considered forfeited. Online programs have availability that is determined by their complexity. Clients are granted adequate time to complete their program, based on the success rate of in-person models, beginning from the availability of the course’s first lesson material. For example, a six-week program must be completed within 56 days from the date the first session is scheduled.

Online training programs are self-paced. Access to the material is not infinite. The material is written as if it were presented to the client in person, the only thing absent is the physical presence of the trainer.

The assumption is the client is aware that the training material is self-paced, and the terms and conditions reflect the same conditions as they do for Private training.

Clients are prohibited from offering competing professional services. These services include but are not limited to services, presentations, or consultations related to dog training or dog behavior.

IMMERSION TRAINING TERMS AND CONDITIONS

Immersion training program fees are non-refundable. Immersion programs are made available based on each individual’s candidacy for a successful outcome and the duration necessary to achieve the training goal. Eligibility is determined by the age of the dog, the complexity of the behavior, its reinforcement history and ultimately, owner follow-through. Immersion training programs are not a panacea for all problems, nor should they be viewed in that way. Contextually, it would be like expecting an infant to learn calculus before the age of three if the candidate were a puppy, or for an adult human to learn a foreign language to fluency in a matter of weeks. Immersion programs are designed to introduce core concepts and help address behavior issues. The variables mentioned above preclude the ability to guarantee results.

At Lionheart K9, LLC’s sole election, Lionheart K9, LLC shall have the right to declare that its training duties hereunder shall terminate if: (a) in Lionheart K9, LLC’s sole judgment, Dog is ill, or is dangerous to any individual of Lionheart K9, LLC, or any other person or animal, or interferes with the training of other dogs, or is otherwise not suitable for residential training; or (b) Client breaches any term or condition of this Agreement. In such an event, Lionheart K9, LLC shall promptly notify Client of such termination of its training and Client shall immediately pick up the Dog.

In such case, Lionheart K9, LLC’s training duties shall terminate but all other provisions of this Agreement shall continue in full force and effect. In the event of a declaration pursuant to item (a) above, Client shall be entitled to a pro-rated refund, the amount to be determined by Lionheart K9, LLC, for unused training time. Client shall not be entitled to a refund for training terminated pursuant to item (b), above. Notwithstanding the foregoing, Lionheart K9, LLC has the right to refuse to provide goods and/or services to Client, at any time and from time to time, at its sole discretion, in the event that Lionheart K9, LLC determines the client is unable or unwilling to participate in the training, or client breaches any term or condition of this agreement.

The Immersion training programs’ supplemental private sessions are scheduled at specific intervals throughout the Immersion program or immediately after. Clients are granted multiple private lessons and continual access to instruction follows the same provisions for our private training terms and conditions; make all the scheduled appointments, adhere to the training instructions, continue to receive support.

Clients are prohibited from offering competing professional services. These services include but are not limited to services, presentations, or consultations related to dog training or dog behavior.

FORCE MAJEURE EVENTS

Lionheart K9, LLC shall not be considered in breach of this Agreement due to any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other catastrophic event, disruption or outage of communications, power or other utility, labor problem, unavailability of supplies, or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by such party with reasonable care (each, a "Force Majeure Event"). If such an event occurs, Lionheart K9, LLC will make reasonable efforts to resume lesson delivery on the same or similar schedule as soon as possible. For example, if we have inclement weather that causes cancellation of a scheduled session, we will reschedule and supplement with an additional lesson, so the client can complete the program without penalty.

MEDIA RELEASE

I hereby assign and grant to Lionheart K9, LLC the right and permission to use, reproduce, distribute, and publish the photograph(s), film(s), videotape(s), audio and video recording(s), electronic representation(s) and/or sound recording(s) made of me and/or my dog(s) at any time during the training and/or boarding of my dog(s) by Lionheart K9, LLC, and I hereby release Lionheart K9, LLC from any and all liability resulting from such use, reproduction, distribution, and publication. This includes media captured during classes and shared through email or social media.

I hereby authorize the reproduction, sale, distribution, copyright, exhibit, broadcast, and/or electronic storage of any and all such photograph(s), film(s), videotape(s), audio and video recording(s), electronic representation(s) and/or sound recording(s) without limitation at the discretion of Lionheart K9, LLC and I specifically waive any right to any compensation I may have for any of the foregoing.

WAIVER OF LIABILITY & INFORMED CONSENT

I have enrolled myself and my dog in dog training classes, private sessions, or other related activities (training) offered by Lionheart K9, LLC.

I certify that I have been informed and understand that there is unavoidable risk of injury involved when working with animals, especially animals with behavioral issues. I acknowledge that dogs can be inherently difficult to control and that not all dogs will be under control at all times, resulting in the possibility of injury to myself, my dog, my family members, or third parties. I hereby accept and assume, without reservation, all risks associated with my participation in the training, including, but not limited to; the risks of any and all injuries to myself, my dog and any of my family members or third parties who may attend; the risks that my dog may cause injury to other persons and/or dogs while training.

As lawful consideration for participating in the training, I, for myself, my heirs, executors, administrators, legal representatives, successors and assigns hereby waive, release, discharge and agree not to sue and to indemnify, defend and hold harmless Lionheart K9, LLC and their members, managers, agents, and employees from any and all injuries, losses, claims and damages to any person or persons of any nature whatsoever, including claims arising from the their own negligence, and all costs associated therewith, including attorney’s fees, court costs and consultant fees, arising from my participation in the Training.

This Waiver of Liability & Informed Consent Release shall be legally binding. Should a claim to the contrary be presented to what has been agreed to in this Waiver of Liability, the claiming party shall be liable for all expenses (including attorney’s fees, court costs and consultant fees) incurred by both the Releasing Party and the Released Party. No waiver or modification of any provision herein shall be valid unless expressly agreed to in writing by both the Released Party and the Releasing Party. Every provision herein is intended to be severable. If any one or more of the provisions herein is found to be unenforceable or invalid, that shall not affect the other terms and provisions hereof, which shall remain binding and enforceable.

Waiver of Liability & Informed Consent(Required)

The undersigned is fully authorized to contract for services regarding the Dog and, in the event that all owners identified on this form have not signed this Agreement, the undersigned represents all of the owners of the Dog, is fully authorized to enter into this Agreement, on behalf of any other owner, and is fully authorized to contract for services regarding the Dog on behalf of other owners.

Has the dog been vaccinated against rabies, DHLPPC, and bordetella and the vaccinations are current?(Required)

Yes

Is the dog currently in good health? (NOTE: Any health issues must be disclosed.)(Required)

Yes

Has the dog had any serious illness, whether diagnosed or undiagnosed, in the past year?(Required)

Yes

Has the dog had heat exhaustion at any time?(Required)

Yes

The dog is friendly towards children and adults?(Required)

Yes

The dog is friendly towards other dogs and other animals?(Required)

Yes

Has the dog attacked or bitten a human being?(Required)

Yes

Has the dog attacked or bitten another animal?(Required)

Yes

Does the dog have special dietary needs or restrictions?(Required)

Yes

Is the dog currently being medicated for any reason?(Required)

Yes

Has the dog ever broken out of a kennel or crate or jumped/climbed a fence?(Required)

Yes

The dog is crate trained?(Required)

Yes

ADDITIONAL FEES AND ABANDONMENT CLAUSE

As to residency training, Client agrees to pick up Dog at their scheduled appointment on the predetermined day of the Dog’s Training Completion Date. Client agrees that failure to comply with this provision will result in Client’s incurring an additional boarding charge of $125.00 PER DAY until Dog is picked up. Client agrees that Dog will not be released to Client until Client has paid any Additional Boarding Fee in full. If Dog is not picked up within ten (10) days of Training Completion Date, Client agrees that Dog can be seized by Lionheart K9 pursuant to Maryland Commercial Law Code Annotated §16-701.

Client acknowledges and agrees that this paragraph serves as notice to Client that Dog is ready for delivery on the Training Completion Date identified above and Client hereby waives any right to further notice that the Dog is ready for delivery, pursuant to Maryland Commercial Law Code Annotated §16-701(a)(1). Lionheart K9’s rights and remedies as set forth herein shall be cumulative to any other remedies provided by statute, common law or this Agreement.

Client must contact Lionheart K9 no less than three (3) days in advance of Training Completion Date to schedule pick-up time for the Dog.

OTHER FEES

Veterinary Costs

In the event that Lionheart K9 is required to obtain veterinary services (including but not limited to diagnostic procedures, treatment, medications, boarding, or any other veterinary costs whatsoever) for the Dog while in a residency training program, Client agrees to pay all such costs directly and immediately to the veterinary provider or, as applicable, to immediately reimburse Lionheart K9 for any costs advanced by Lionheart K9 for such veterinary services. Costs shall be authorized by Client in advance of such costs being incurred, however, in the event that Lionheart K9 is unable to reach Client to authorize costs in an emergency, Lionheart K9 shall, in its sole discretion, have the right, in its sole discretion, to authorize costs for which Client is responsible pursuant to this paragraph. Client agrees to defend, indemnify and hold harmless Lionheart K9 as to all of Client’s duties, as set forth in this paragraph.

Bad Checks

Any checks returned or not honored will result in the Client’s account being restored to the full original sum owed, plus interest at the rate of ten percent per annum. All actual out-of-pocket bank and other administrative charges incurred by Lionheart K9 as a result of such failed payment shall be paid for by the Client and applied to the Client’s account. In addition, a $75.00 charge will be assessed for each returned or dishonored check. Full payment is immediately due and payable.

Costs of Collection

In the event that Lionheart K9 is required to retain an attorney and/or collection agency with respect to any unpaid fees or any other term, Client agrees to pay in full the actual costs for same incurred by Lionheart K9, including all attorney’s fees, court costs, court reporter costs, process server costs, expert witness fees, collection agency fees, or any other costs whatsoever related to collection activity, together with pre-judgment interest at the rate of 10% per annum and post-judgment interest at the legal rate.

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