Interpretation:

A reference to any statute or statutory provision is also a reference to the same as amended or re-enacted, and includes all subordinated legislation made under that statute or statutory provision.

Any words following the terms including, includes, in particular, for example, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Basis of contract:

The Booking Request constitutes a request from the Client to purchase Training Services in accordance with these Conditions.

The Booking shall only be deemed to be accepted when the Trainer issues written emailed acceptance of the Booking together with a copy of these Conditions, at which point and on which date (the Commencement Date) the Contract shall come into existence.

These Conditions apply to the Contract to the exclusion of any other terms which the Client may seek to impose or incorporate, or which are otherwise implied by law, trade custom, practice or course of dealing.

Any financial quotation or estimate made by the Trainer for provision of services shall remain valid for a period of 14 days. A quotation or estimate shall not constitute a Booking.

Cancellations and Refunds:

Once the Client has submitted a Booking Request online and a Booking has been confirmed by the Trainer, the Booking may be cancelled or rearranged by agreement with the Trainer within 14 days of that Booking Request, providing only that no services have been supplied. Any request for a refund within that 14 day period must be made in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Any rescheduling is subject to Trainer availability, and provision of at least 10 days’ notice by the Client prior to the planned session. The Trainer will confirm whether such rescheduling is possible and no assumption should be made by the Client in that regard.

Should the Trainer be required to cancel a Booking for any reason, an alternative option of equal quality and value shall be made available to the Client. In circumstances where no alternative Booking is able to be made due to the Trainer being sick, injured or otherwise incapacitated, the Client shall be entitled to a refund of the cost of the Booking on request.

1. PROVISION OF TRAINING SERVICES

1.1The Trainer shall provide the Training Services to the Client using methods and equipment owned or approved by the Trainer (Training Materials) in accordance with the Specification. All Training Services provided by the Trainer shall be provided to reasonable professional standards with due care and attention at all times.

1.2The Trainer reserves the right to amend the Specification as necessary. Any amendment thereof shall not affect the nature or quality of the Training Services. The Trainer shall notify the Client of any amendment to the Specification.

1.3Booking Requests are accepted at the Trainer’s discretion and the Trainer reserves the right to refuse any Booking Request.

1.4No Booking shall be accepted by the Trainer for any breed of dog prohibited under the Dangerous Dogs Act 1991.

2. CLIENT OBLIGATIONS

2.1The Client shall:

2.1.1ensure that the terms of the Booking and any information provided by the Client to the Trainer are complete and accurate;

2.1.2cooperate with the Trainer in all matters pertaining to the Training Services;

2.1.3satisfy themselves that any dog for whom a Booking is made is fit, healthy and free from disease or disability, and able to participate in the Training Session;

2.1.4take reasonable steps to ensure that their dog is adequately protected against transmissible diseases for the purposes of undertaking any Training Session in the presence of other dogs;

2.1.5agree that they shall not take, circulate or participate in any photographs or videos of any Training Session or other meeting, activity or event for the purposes of training whether on or off site, without the express written permission of the Trainer. Any such photographs or videos taken without such permission shall become the property of the Trainer.

2.1.6consent to the use of any and all tools and methodologies recommended by the Trainer, unless explicit agreement is made to the contrary following the Assessment. Any variation to the recommendations of the Trainer in this regard shall be duly noted and confirmed by email, and the Specification shall be amended at the relevant time to reflect the agreement made between the Client and the Trainer in relation to any specific exclusions or alternatives;

2.1.7undertake to exercise due care and attention and maintain adequate control of their dog(s) at all times in accordance with good practice and all relevant dog laws in place at the material time;

2.1.8accept and understand that the Training Services demonstrated, recommended or undertaken as part of the Booking are for the sole use of the Client in relation to the dog to whom the Specification relates. The Client warrants that they shall not disseminate, replicate or otherwise attempt to utilise any of the tools, methodologies or recommendations forming part of the Training Services for any other purpose whatsoever, and/or with any other dog(s) whatsoever;

2.1.9accept and understand that provision of the Training Services does not infer or suggest any professional dog training qualification whatsoever on the part of the Client. The Client is not at liberty to provide any third party advice, recommendation or guidance whatsoever as a result of provision of the Training Services;

2.1.10comply with any additional obligations as set out in the Specification.

2.2If the Trainer’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Default):

(a)without limiting or affecting any other right or remedy available to the Trainer, the Trainer shall have the right to suspend performance of the Training Services until the Client remedies the Default, and to rely on the Default to relieve the Trainer from the performance of any of its obligations in each case to the extent the Default prevents or delays the Trainer’s performance of any of the Trainer’s obligations;

(b)the Trainer shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Trainer’s failure to perform any of its obligations as set out in this Clause 2.2;

(c)the Client shall reimburse the Trainer on demand for any costs or losses sustained or incurred by the Trainer arising directly or indirectly from the Default.

3. CHARGES AND PAYMENT

3.1The Charges for the Training Services shall be calculated on a per session basis, and such charges shall be set out in writing by the Trainer to the Client within the Booking. The Client shall note that the Training Services are provided on a bespoke basis in accordance with the Trainer’s recommendations for the Client’s dog(s) following the Assessment, and therefore no inference shall be drawn, and no variation permitted, in relation to any fee reduction for a shorter session, should the Trainer deem the same to be appropriate for the Client’s dog(s). The Charges relate to the provision of Training Services rather than the time taken to provide those services. The Client’s attention is drawn to the fact that whilst the time spent may vary from dog to dog, the expertise and skills of the Trainer which are required to be utilised for the purposes of provision of the Training Services remain the same, and therefore there will be no reduction in the Charges should a shorter Training Session be the most appropriate course of action at any time and for any reason.

3.2Full payment of the Charges shall be made by the Client to the Trainer as part of the Booking Request and prior to the first training session. Receipt of payment shall be confirmed by the Trainer in writing within the Booking. No Booking will be confirmed until payment is received.

3.3All Charges payable by the Client are inclusive of amounts in respect of Value Added Tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made by the Trainer to the Client under the Contract, the Client shall upon receipt of a valid VAT invoice from the Trainer pay to the Trainer such additional amounts in respect of VAT as are chargeable on the supply of the Training Services at the same time as payment is due for the supply of the Training Services.

4. IMAGE RELEASE

4.1Acceptance of these Conditions confirms that the Client provides the Trainer with their express permission to publish in print, electronic, video or any other format, the likeness of the Client’s dog(s) in relation to whom the Training Services are provided.

4.2Insofar as it relates to such images, the Client releases to the Trainer all rights in respect of privacy, publicity, copyright, ownership and publication, and relinquishes all rights to any claims whatsoever in respect of the foregoing including any claim for compensation related to the use of such images.

4.3Should the Client wish to refuse the permissions set out at Clause 4.1 and/or 4.2 above, this should be expressly stated in writing at the time of the Booking and will form part of the Specification.

5. DATA PROTECTION

When supplying the Training Services to the Client, the Trainer may obtain access to and/or acquire the ability to transfer, store and/or process personal data of employees of the Client where necessary. The parties agree that where such processing of personal data shall take place, the Client shall be the Data Controller and the Trainer shall be the Data Processor, as defined in the General Data Protection Regulations (GDPR) as may be amended, extended and/or re-enacted from time to time.

For the avoidance of doubt, “personal data”, “processing”, “Data Controller”, “Data Processor” and “data subject” shall have the meanings set out within the GDPR.

The Trainer shall only process personal data to the extent that shall be reasonably required to enable it to supply the Training Services as defined in these Conditions and/or as requested by and agreed with the Client; shall not retain any personal data longer than is necessary for the processing and shall refrain from processing any data for its own or for any third party’s purposes.

The Trainer shall not disclose any personal data to any third parties other than authorised employees, directors, agents, sub-contractors or advisors, on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these Conditions or to the extent required by the applicable legislation and/or regulations.

The Trainer shall implement and maintain technical and organisational security measures required to protect personal data processed by the Trainer on behalf of the Client.

6. LIMITATION OF LIABILITY

6.1The Trainer confirms the existence of appropriate insurance cover for provision of the Training Services, copies of which may be made available to the Client upon request.

6.2The Client accepts that as part of the Training Services and under the provisions of the Contract, their dog(s) shall interact with other dog(s). Such interactions may include training activities which may take place on or off site. Further, the Client accepts that their dog(s) may be required to pass, greet and/or interact with other people on or off site, both as part of the Training Services and in miscellaneous other situations, including but not limited to, during waiting times, for observation purposes, on arrival and departure, and before and after Training Sessions. The Client undertakes to accept any and all risks relating to the conduct and behaviour of their dog(s) arising from any such interactions on or off site whilst the Client is in charge of the dog, including but not limited to any and all risks relating to other dogs, people and/or property.

6.3The Trainer strongly recommends that the Client maintain adequate insurance to cover any and all risks relating to their dog(s) participating in the Training Services. The Client is strongly recommended to seek public liability insurance as an absolute minimum and it is recommended that the Client seek independent advice as to the appropriateness of any insurance cover.

6.4The Trainer strongly recommends that the Client satisfy themselves as to all relevant dog laws including those pertaining to the control of dogs in private, in public and around people and other animals. No advice may be given by the Trainer in that regard, however the Trainer draws the Client’s attention specifically to the requirements, provisions and obligations of:

6.4.1The Dangerous Dogs Act 1991

6.4.2The Dogs Act 1971

6.4.3The Guard Dogs Act 1975

6.5The Trainer shall not be responsible, nor shall the Trainer be held to be responsible, for any injury, illness or other heads of claim arising from the Client’s dog(s) attendance at the Training Sessions on or off site whilst the Client’s dog(s) is in the care and control of the Client. This Clause includes but is not limited to illness or injury whether suffered by the Client’s dog(s), by any other dogs or by any professional or member of the public.

6.6The Training Services and any part thereof are provided for the sole purposes set out in the Specification. The Trainer shall not be held responsible, nor shall the Trainer be held to be responsible, for any misuse, mishandling or misappropriation of any of the Training Materials by the Client outside of the provisions of the Specification.

6.7Should the Client’s dog(s) develop any medical, health-related or other problem requiring professional intervention whilst in the care of the Trainer and whilst the Client is unavailable, the Client authorises and requests the Trainer to seek whatever remedy shall be most appropriate in order to ensure the health, safety and wellbeing of the dog(s). In such circumstances, the Client accepts full responsibility for any and all expenses incurred by the Trainer in obtaining a remedy for the dog(s), including but not limited to third party professional expenses.

6.8Nothing in this Clause shall limit the Client’s payment obligations under the Contract.

6.9Nothing in this Contract limits any liability which cannot legally be limited, including but not limited to liability for:

6.9.1death or personal injury caused by negligence;

6.9.2fraud or fraudulent misrepresentation;

6.9.3breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

6.10Unless the Client notifies the Trainer that it intends to make a claim in respect of any event within the Notice Period, the Trainer shall have no liability for that event. The Notice Period for an event shall start on the day on which the Client became, or ought reasonably to have become, aware of the event having occurred, and shall expire three months from that date. Notice must be served in writing and must identify the relevant event and the grounds for the claim in reasonable detail.

6.11Clause 6 shall survive termination of the Contract.

7. GENERAL PROVISIONS

7.1Consumer Contracts Regulations 2013:
By law the Trainer must provide the Client with the information below under the Consumer Contracts Regulations 2013.

7.1.1the main characteristics of the services the Client wishes to purchase;

7.1.2who the Trainer is, where the Trainer is based, and how the Client can contact the Trainer;

7.1.3the total price of the services including any taxes;

7.1.4the arrangements for payment for carrying out the services.

The information above is referred to and provided within these Conditions.

7.2Force Majeure:
Neither party shall be deemed to be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such failure or delay results from events, circumstances or causes beyond its reasonable control.

7.3Assignment and other dealings:
The Trainer may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

8. CONFIDENTIALITY

8.1Each party may disclose the other party’s confidential information:

8.1.1to its employees, officers, representatives, contractors, subcontractors or advisors who need to know such information for the purposes of carrying out the party’s obligations under the Contract. The party providing such disclosure shall ensure that its employees, officers, representatives, contractors, subcontractors or advisors to whom it discloses the other party’s confidential information comply with this Clause 8;

8.1.2as may be required by law, a Court of competent jurisdiction or any governmental or regulatory authority.

8.2Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customer or Clients of the other party, except as permitted by Clause 8.2

8.3Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

9. ENTIRE AGREEMENT

9.1The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or verbal, relating to its subject matter.

9.2Each party acknowledges that in entering into the Contract, it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

9.3Each party acknowledges that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract

10. VARIATION

10.1Except as is set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties or their authorised representatives.

11. SERVERANCE

11.1If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted but such deemed deletion shall not affect the validity and enforceability of the rest of the Contract.

If any provision or part-provision of the Contract should be deleted under this Clause 11, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

12. THIRD PARTY RIGHTS

12.1Unless expressly stated otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract

13. GOVERNING LAW

13.1The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of it or in connection with it or its subject matter or formation shall be governed by and continued in accordance with the law of England & Wales.

14. JURISDICTION

14.1Each party irrevocably agrees that the Courts of England & 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 of formation.