By participating in Courteous Canine, LLC’s (“Courteous Canine”) group and/or private training sessions, you (referred to as the “Client”) agree to these Terms and Conditions.

1.  Services.  Client desires that Client’s dog (“Client’s Dog”) participate in group and/or private training programs offered by Courteous Canine at locations determined by Courteous Canine in its sole discretion which may include Client’s home (the “Property”), Courteous Canine’s facility, and public places (the “Training Program”).  Client understands and agrees that (i) an employee and/or agent of Courteous Canine may have access to the Property to train Client’s Dog, (ii) Courteous Canine may take Client’s Dog to public places for training, (iii) Client’s Dog may be transported in personal vehicles of Courteous Canine’s employees and/or agents, (iv) Courteous Canine will determine what activities, attention, discipline, and level of care is appropriate for Client’s Dog as determined by Courteous Canine in its sole discretion, and (v) Courteous Canine will determine what equipment to use for Client’s Dog in its sole discretion.  Client understands that Courteous Canine does not (i) provide training to acutely ill dogs or dogs with uncontrolled or severe medical conditions as determined by Courteous Canine in its sole discretion, (ii) provide dog therapy services, (iii) provide veterinarian services, and/or (iv) maintain and/or clean the Property including but not limited to shoveling snow or removing ice.  

2.  Emergency Medical Care.  Client authorizes emergency medical care to be provided to Client’s Dog by a veterinarian identified in writing by Client in advance of participation in the Training Program or any veterinarian determined by Courteous Canine in its sole discretion.  Client shall be responsible for all veterinarian expenses.

3.  Fees and Expenses.  Client agrees to pay Courteous Canine a fee for participation in the Training Program as determined by Courteous Canine (the “Program Fee”).  Payment of the Program Fee in full is required to reserve a spot for Client’s Dog.  Client shall reimburse Courteous Canine for any expenses incurred by Courteous Canine on behalf of Client including but not limited to food, veterinarian services including emergency care, locksmith charges, and/or medical expenses or lost wages for Courteous Canine’s employees as a result of injury or damage from or related to Client’s Dog (collectively, the “Expenses”).  Client agrees to pay a Thirty Dollar ($30) fee for any returned check.  

4.  Payment Terms.  Client agrees to pay the Program Fee for group training in full at least One (1) week prior to the start of the first class and the payment shall be non-refundable unless cancelled in writing at least One (1) week prior to the start of the program.  For the private training, Client agrees to pay in full at the time of the initial consultation and the payment shall be non-refundable for any reason.  All private training sessions must be used within Three (3) months of the date of the initial consultation with Courteous Canine or Client waives its right to the sessions and shall not be entitled to a refund of the Program Fee.  Courteous Canine shall provide Client with an itemized invoice of the Expenses, if any, which shall be paid by Client within Five (5) days of the date of the invoice. Interest shall accrue on any balance more than Thirty (30) days past due at the rate of 1½% per month; provided, that Client shall in no event be required to pay interest in excess of the maximum amounts permitted under applicable law.  Prior to participation in the Training Program, Client shall provide Courteous Canine with a credit card to be kept on file with Courteous Canine.  Client hereby authorizes Courteous Canine to charge Client’s credit card for any amount more than Thirty (30) days past due to Courteous Canine including any expenses incurred by Courteous Canine.

5.  Client’s Responsibilities.  To the extent Courteous Canine performs any training at the Property, Client shall (i) ensure that the Property is safe for Courteous Canine to perform training at the Property, (ii) ensure that Courteous Canine’s employees and/or agents have safe access to the Property including but not limited to removal of all snow and ice from the walkway and/or driveway at the Property, (iii) ensure that Client’s Dog cannot escape from the Property and is safe when left unattended, (iv) maintain adequate liability insurance on the Property in such amounts as are determined by Courteous Canine in its sole discretion, and (v) provide a certificate of insurance to Courteous Canine naming Courteous Canine as an additional insured prior to participation in the Training Program.  Client shall provide Courteous Canine with a proper fitting harness, limited slip, or buckle collar for Client’s Dog.  If Client has an electronic fence, Client’s Dog shall wear its collar at all times with new batteries while at the Property.  

6.  Representations.  Client represents and warrants, as a material inducement for Courteous Canine to permit Client’s Dog to participate in the Training Program, as follows:  (i) the Property is safe for Courteous Canine’s employees to access and perform the training, (ii) Client has sufficient liability insurance on the Property, (iii) Client’s Dog has not bitten and/or attacked any other persons or animals at any time and has not demonstrated any vicious and/or aggressive propensities at any time, (iv) Client’s Dog has received current rabies vaccination, and (v) Client’s Dog does not have any illness or medical condition that would interfere with Client’s Dog from participating in the Training Program.  

7.  Disclaimer.  Courteous Canine and its owners, managers, employees, and agents make no representations and no guaranty respecting Client’s Dog’s safety and well-being at any time while in Courteous Canine’s custody and care including but not limited to at the Property, while in transport, at Courteous Canine’s facility, and in public places.  Client understands that there are known and unanticipated risks associated with Client’s Dog participating in the Training Program which could result in physical harm to Client’s Dog and that reasonable care, caution, instruction, and expertise cannot eliminate the inherent risks of such harm.  Client assumes all risks associated with Client’s Dog participating in the Training Program.  Courteous Canine cannot and does not ensure Client’s Dog’s safety at any time.  Courteous Canine may from time to time recommend third party services such as groomers and veterinarians and/or products to Client.  Courteous Canine makes no representations, expressed or implied, and no warranty or guaranty regarding (i) any third party services recommended by Courteous Canine including, but not limited to, groomers and/or veterinarians and (ii) products recommended and/or supplied by Courteous Canine.  

8.  Limitation of Liability.  In no event shall Courteous Canine be liable for any special, incidental, indirect, or consequential damages arising from or related to the services provided by Courteous Canine to Client.  Courteous Canine’s liability to Client for any claims shall not exceed the total amount of fees paid by Client to Courteous Canine in the One (1) year period immediately prior to the date the cause of action accrued.  

9.  Indemnification.  Client agrees to indemnify and hold harmless Courteous Canine, Washington County Veterinary Hospital, and its owners, managers, directors, employees, and/or agents including Dr. Howard Troob from and against any claims, actions, or demands including damages, awards, and reasonable legal fees and costs arising from any acts or omissions of Client and/or Client’s Dog even if it was caused in whole or in part by the negligence of Courteous Canine or its owners, managers, employees, and/or agents.  

10.  Release.  Client hereby releases and discharges Courteous Canine and its owners, managers, employees, and agents, jointly and severally, from any and all claims, liabilities, damages, costs, and/or expenses to which Client has, may have, or claim to have resulting in any way from the Training Program including but not limited to any of those associated with injury to Client and/or Client’s Dog, death of Client’s Dog, damage to the Property, damage to Client’s personal property, loss of Client’s Dog, or other damages of any kind or nature, regardless of cause even if it was caused in whole or in part by the negligence of Courteous Canine or its owners, managers, employees and/or agents.  

11.  Termination.  Courteous Canine may immediately terminate any Training Program and/or cancel any session at any time for any reason in its sole discretion including for low registration or weather.  Courteous Canine may exclude Client’s Dog from any Training Program in the event that Client fails to comply with any terms of these Terms and Condition, fails to comply with any rules of Courteous Canine, and/or Courteous Canine has concerns for the safety of its employees, agents, customers, visitors, or other animals all as determined by Courteous Canine in its sole discretion and Client shall not be entitled to a refund of the Program Fee.

12.  Delays.  Courteous Canine shall not be liable for any delay in performing any services and/or an inability to perform any services due to circumstances beyond its control, whether directly or indirectly, including without limitation, acts or omissions of Client, labor strikes, fires, floods, strikes, acts of terrorism, adverse weather conditions, or acts of God, changes in governmental regulations, acts of governmental agencies or their employees, delays in shipment of equipment, catastrophes, emergencies, wars, lack of availability of supplies or materials, labor shortages, illness, pandemics, casualties, and all similar occurrences beyond the control of Courteous Canine or its agents and employees.  Client shall not be entitled to cancel the services with Courteous Canine or withhold payment of any fees for the services for any such delays.

13.  Photographs.  Client agrees to allow Courteous Canine and its employees and/or agents to take photographs and/or videos of Client’s Dog (the “Images”).  Client agrees and acknowledges that all Images are the exclusive property of Courteous Canine and Courteous Canine may use and appropriate the Images for any purpose as determined by Courteous Canine in its discretion including but not limited to marketing and posting on its website or social networking websites.   

14.  Governing Law; Consent to Jurisdiction.  The Training Program is being delivered and is intended to be performed in the State of Rhode Island and the parties’ relationship shall be construed and enforced in accordance with the laws of that state without reference to the rules of conflicts of laws thereof.  In any litigation connected with this Agreement, Client consents to and confers exclusive jurisdiction on the courts of the State of Rhode Island and on the United States District Court for the District of Rhode Island, and hereby expressly waive any objections to venue and any defenses respecting an inconvenient forum in any such courts.  

15.  Attorneys’ Fees.  In the event that Courteous Canine is required to engage the services of legal counsel to enforce its rights against Client or to defend any action brought by Client, regardless of whether such action results in litigation, Courteous Canine shall be entitled to collect and recover reasonable attorneys’ fees and costs from Client, which in the event of litigation shall include fees and costs incurred both at trial and on appeal.

16.  Miscellaneous.  There are no agreements, either precedent or subsequent, between Client and Courteous Canine unless specifically set forth herein.  These Terms and Conditions supersede all prior negotiations and agreements, whether written or oral, between Client and Courteous Canine with regard to the subject matter herein.  No portion of these Terms and Conditions shall be construed against a drafting party.  These Terms and Conditions shall govern at all times while Client’s Dog participates in the Training Program unless amended in writing and signed by both parties.