DOG TRAINING AND BOARDING AGREEMENT

Training Services: Trainer shall provide private dog training (“Training”) for Client and Dog on a session-by-session basis, the goal being to teach Client how to train and work with Dog. Trainer will use reasonable effort to help Client achieve training and behavior modification goals but makes no guarantee of Dog’s resulting performance or behavior. Client understands that effective training requires the Client’s involvement and cooperation. The Client and other persons with whom the Dog will reside must follow Trainer’s instructions without modification, work with Dog as recommended, and constantly reinforce with the Dog the training provided during the training sessions.
Training Schedule and Locations: Client shall schedule each session of Training (individually, a “Training Session,” collectively, “Training Sessions”) with Trainer in advance. Training sessions shall be made available at Trainer’s discretion. Training may occur at different locations, including wooded areas and farmlands. Client hereby understands and gives it consent to Trainer from time-to-time, during Training Sessions, transporting the Dog to such or other and varied locations for training, and that the Dog may be exposed to and co-mingled with other animals during such Training Sessions.
Cancellation Policy: Client may cancel any Training Session at no charge with not less than 24-hour advance notice to Trainer by phone or email at the number and email first appearing above. A timely cancelled Training Session may be rescheduled by Client only one time. A reschedule Training Session must occur within seven (7) days after the cancelled Training Session. If a Client fails to attend a scheduled Training Session without a timely cancellation, or a rescheduled session for any reason, there will be no make-up or replacement Training Session. Trainer may cancel any Training Session at any time. Trainer will endeavor to provide make up Training Sessions as soon as practicable.
Proof of Vaccines: Client must prior to the first training session, and at any time thereafter upon request of Trainer, provide proof of current Dog’s vaccinations. Client acknowledges and understands that during Training Sessions or while in the possession of Trainer, the Dog may be exposed to other animals, and, therefore, the possibility of injury, death, disease and illness. Client is advised prior to commencing Training Sessions to ensure that the Dog is in good physical condition and health, to have the Dog properly vaccinated for and against rabies, lymes disease and leptovirus, and to be adequately treated and protected against fleas, ticks and heartworm.
Client Representations and Warranties: Client represents and warrants that
1. At all times during the pendency of this Agreement: (i) Client is the owner of Dog; (ii) Dog is physically fit and able to tolerate the Training without injury; (iii) Dog is in good health; (iv) Dog is fully vaccinated as required by law; and (v) Dog is free of fleas, parasites and infectious diseases;
Right to Refuse to Train: Trainer reserves the right in its sole discretion without refund of the Training Fees to Client to decline to train Dog, or terminate any training session, if Trainer has a good faith belief that any representation or warranty of Client stated in this Agreement is not or is no longer true, or that Dog presents a danger of injury or death to Trainer, other persons, or animals or of damage to property, the Dog is not properly vaccinated, or for any other good faith reason.
Training Environment: Client acknowledges and understands that Dog may be training together with other dogs, and that training environments may contain certain hazards and hazardous conditions, including, without limitation, training tools and equipment, toys, slippery, wet, dry and other hazardous materials, areas and surfaces, other animals and persons generally, and with illness or disease, hazardous foliage and plants, debris and waste.
Dog Toys, Leashes, Etc., Treats, and Personal Belongings. Client must present Dog for each Training Session properly leashed and restrained. Upon request of Trainer, Client may be required to provide certain toys, training aids and treats. Trainer does not provide toys, training aids, leashes, restraints, and treats. All items provided by Client to Trainer should be clearly marked with the Dog’s and the Client’s name.
Food, Water and Medication: Trainer does not provide food for Dog. Trainer will provide water. Only with the express consent and complete written instructions from Client, shall Trainer administer medication of any kind to Dog. All medication is to be properly labeled with the Client and Dog’s name. Notwithstanding the foregoing of this Section 10, Trainer reserves the right at all times, and without any liability, to decline to administer medication to the Dog.
Indemnification: Client shall indemnify, defend, and hold harmless Trainer and its shareholders, directors, officers, employees, contractors, agents, successors, assigns and legal representatives (referred collectively as “Trainer Indemnitees”) from and against, and pay all losses, damages, costs and expenses (including reasonable attorney fees and costs) associated with or arising from any injury or death to the Client, Dog, or any other person or animal, or damage to property, or any liability, claim, demand, suit or action, arising out of, or in connection with the Training or Boarding, or Section 10 of this Agreement, or any breach by Client of this Agreement, or of any of representations and warranties made or given by Client in this Agreement.
LIMITATION OF LIABILITY: TRAINER, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES ARE NEITHER RESPONSIBLE, NOR SHALL HAVE LIABILITY (a) FOR LOST, MISPLACED OR STOLEN ITEMS BELONGING TO CLIENT OR DOG, OR (b) IF CLIENT’S DOG BECOMES ILL, CONTRACTS A DISEASE OR DIES DURING TRAINING SESSIONS OR BOARDING, WHILE IN THE POSSESSION OF TRAINER, OR AT ANY OTHER TIME, WHETHER RELATED TO THE TRAINING OR BOARDING OR OTHERWISE, OR (c) IF TRAINER RELEASES THE DOG TO PERSONS LISTED IN SECTION 19 OF THIS AGREEMENT. THE TOTAL LIABILITY OF THE TRAINER INDEMNITIES TO CLIENT UNDER THIS AGREEMENT, INCLUDING FOR ANY BREACH OF THIS AGREEMENT BY TRAINER, OR INJURY OR DEATH TO CLIENT OR DOG OR OTHER PERSONS OR ANIMALS, OR DAMAGE TO THE PROPERTY OF CLIENT OR DOG OR OTHER PERSONS OR ANIMALS, SHALL BE, AND THE SAME ARE LIMITED TO, THE TRAINING FEES OR BOARDING FEES FOR THE TRAINING OR BOARDING DURING WHICH THE BREACH OF THIS AGREEMENT BY TRAINER, OR INJURY OR DEATH TO CLIENT OR DOG, OR OTHER PERSONS OR ANIMALS, OR DAMAGE TO THE PROPERTY OF CLIENT OR DOG OR OTHER PERSONS OR ANIMALS, AS APPLICABLE, OCCURRED, OR IF OCCURRING THEREAFTER, THEN THE LAST FEES FOR TRAINING OR BOARDING PAID BY CLIENT TO TRAINER PURSUANT TO THIS AGREEMENT. THIS SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY AGAINST TRAINER.

LIMITATION ON CONSEQUENTIAL DAMAGES: THE TRAINER INDEMNITEES SHALL NOT BE LIABLE TO CLIENT OR DOG FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, OR ANY BREACH THEREOF, WHETHER AT LAW, IN EQUITY OR BASED UPON ANY OTHER THEORY OF RECOVERY, AND WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON AGREEMENT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
DISCLAIMER OF WARRANTIES: TRAINER MAKES NO AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRAINING OR BOARDING, OR WHETHER THE TRAINING OR BOARDING IS FIT FOR A PARTICULAR PURPOSE, OR WILL CHANGE, IMPROVE OR ENHANCE DOG’S BEHAVIOR, OR THAT CLIENT, THE DOG OR OTHER PERSONS, ANIMALS ORPERSONAL PROPERTY WILL BE FREE FROM INJURY, DEATH OR DAMAGE AS A RESULT OF THE TRAINING OR BOARDING.
Force Majeure. Trainer is not responsible for failure or delay in providing Training or Boarding under this Agreement if such failure or delay is due to weather conditions, riot, war, insurrection, terrorism, cyberattack, pandemic or injury to any employee or contractor of Trainer.
Veterinary Expense: If Dog becomes ill or injured during Training or Boarding, Trainer at its sole discretion, is authorized by Client to engage a veterinarian to attend to Dog at a cost of up to $500.00, to be paid by Client directly to the veterinarian or reimbursed to Trainer by Client upon demand, at Trainer’s direction. If a veterinarian determines that emergency treatment, which exceeds the authorized amount, is needed to save Dog’s life or quality of life, and Trainer cannot reach Client by phone or text at the number provided by Client, Client hereby gives Client’s consent to Trainer authorizing such veterinarian to perform the emergency treatment, and Client agrees to be responsible for and shall pay all associated veterinary costs, either directly to the veterinarian or as a reimbursement to Trainer, as directed by Trainer.
Photo Release: Client grants Trainer, and its employees and agents, the right to photograph and video (both in digital and analog) Client and Dog, and to copyright, and in perpetuity use and publish the same in print and/or electronically with or without Client’s and Dog’s name and for any lawful purpose, including, for example, as publicity, illustration, advertising, marketing and website content.
Boarding:
1. Boarding location: Trainer shall board the Dog (“Boarding”) at the address first appearing above.
2. Client hereby understands and gives it consent to Trainer from time-to-time, during Boarding, transporting the Dog to other and varied locations, and that the Dog may be exposed to and co-mingled with other animals during such Training Sessions.
Pick up by Others: You direct and authorize Trainer to release the Dog to Client.
Miscellaneous: This Agreement may not be assigned or transferred by Client. No failure by Trainer to exercise any right or demand performance of any obligation under this Agreement shall be deemed a waiver by Trainer of such right or obligation. The provisions of this Agreement are severable, and any judicial determination that any provision is invalid or unenforceable shall not affect the validity or enforceability of any other provision. This Agreement constitutes the entire Agreement between Trainer and Client with respect to the Training and supersedes all previous negotiations, commitments, writings and agreements with respect to such subject matter. No modifications or amendments of this Agreement shall be effective unless made in writing and signed by Client and Trainer. The descriptive headings are inserted for convenience of reference only and shall not be used to interpret or construe the terms and conditions of this Agreement. This Agreement shall be governed by the laws of the State of Illinois, without giving effect to choice of law principles. Client hereby submits to the jurisdiction of the state and federal courts in the County DeKalb, State of Illinois, and Client hereby waives and objection to such jurisdiction and venue, including based on forum nonveniens. In any action at law or equity brought by Trainer to enforce or interpret the provisions of this Agreement against Client, Trainer shall be entitled to recover from Client its reasonable attorney fees and expenses associated with such action and related to resolution of any dispute by and between the parties hereto arising out or related to this Agreement that is settled by the Parties prior to the commencement of any action at law or equity. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. The parties agree that notwithstanding any provision of this Agreement to the contrary, Sections 6, 11, 12, 13, 14, 16, 17 and 20, and any other provisions of this Agreement which by their nature or effect are required or intended to be observed after termination of this Agreement will survive the termination for any reason of this Agreement. This Agreement is executed with your participation of our services. Digital form submissions and signatures shall be deemed and accepted as original signatures.