This is an agreement between Dogs of Distinction Canine Training Inc. (the “Company” and “We”) and the undersigned (the “Client” and “You”).
1. THE COURSE
1.1 Engagement. You agree to engage the Company to assist You in the training of your dog(s) (the “Course”) for a fee plus applicable taxes (the “Fee”) .
1.2 Obligations to You. We will do our best to teach You how to train your dog(s) but it is impossible for the Company to guarantee specific results. Dogs are animals and have independent spirit. Training results will vary from person to person and dog to dog, and are dependant on, among other factors, the dog’s history, temperament and the amount of exercise, meaningful activity and training the dog receives on a daily basis from You.
1.3 Your Obligations. Your dog(s) must remain on a leash at all times during the Course unless instructed otherwise by the instructor in attendance and responsible for administering the Course. You will be responsible for purchasing at your cost any equipment required for the Course including (i) a simple flat buckle collar or harness; and (ii) a six foot leash. We will not permit choke, prong, pinch or electric collars or “flexi”, extendable or mechanical leashes on dogs participating in any Course. If You decide not to purchase any equipment We require, You will not be able to continue as a registrant in the Course.
1.4 Course Location. We hold each Course in locations throughout the Greater Vancouver Regional District and Sunshine Coast of BC, subject to where registrants reside and the number of registrants enrolled in each Course. We will notify you of the Course location, dates and times by telephone, email and/or facsimile at the contact numbers You provide at least seven days before the first Course class.
2. YOU AND YOUR DOG
2.1 Notice of Disease. You will notify the Company immediately as soon as you determine that your dog(s) has any illness or disease. We will exercise reasonable discretion, having regard to the health and safety of all other dogs in the Course, in deciding whether You will be permitted to attend the next or subsequent class(es) of the Course. If requested, You will authorize your veterinarian to contact the Company and provide us with whatever medical information we may reasonably require to permit us to make a determination involving future Course attendance or participation. If your dog(s) has a contagious disease which will not be fully eliminated or treated before the end of the Course, We may decide, in our sole discretion, that it will be in the best interests of other Course registrants and their dogs that You not attend any further Course classes with your dog. In such case, We will refund to you on a proportional basis, the Fee, provided however, that in no event will We be obliged to refund any amount greater than 50% of the Fee.
2.2 Representations. Throughout the Course, You will remain the party exclusively responsible for your dog(s) and its behaviour. You represent, warrant and promise to the Company, with the specific knowledge that We are relying on such representations, warranties and promises in accepting You and your dog(s) for registration in our Course, that: (a) your dog(s) does not and will not during the term of the Course pose a danger or threat to any other person or dog registered for, participating in, or otherwise attending any part of the Course; (b) You have the necessary skill, judgment, maturity and physical strength and capability required to exercise physical control over your dog(s) while it is on a leash or otherwise participating in our Course; (c) You will not permit your dog(s) to have any close contact with any other dogs in the Course unless You have received the express consent of the Course instructor or other Course registrants in each specific instance; (d) you will not abuse or mistreat your dog (with the knowledge that any abuse or mistreatment of your dog(s) will, despite any other provision of this Agreement, be grounds for immediate expulsion from the Course without any refund of the Fee; (e) when commencing the Course, to the best of your knowledge, your dog(s) will not have any communicable disease; and (f) that all information provided to the Company set forth in the Company’s Client Background Information Form or in any meetings or discussions regarding your proposed participation in the Course was accurate and contained no untruths or misrepresentations.
RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, ACCEPTANCE OF RISKS AND INDEMNITY PROVISIONS
(Adult, please initial below:)
PLEASE READ THE FOLLOWING PROVISIONS SET FORTH AT SECTION 3 CAREFULLY.
BY SIGNING BELOW, YOU WILL BE AGREEING TO WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE
3. RELEASE, WAIVER AND INDEMNITY
3.1 Defined Terms. In this Agreement,
(a) “Claims” means actions, causes of action of any nature whatsoever (whether in contract or in tort or any other theory of recovery in law or equity), suits, proceedings, complaints, claims, contentions, liabilities, damages, expenses (including reasonable legal fees), and demands of any kind whatsoever, both in law and in equity, whether implied or express, and "Claim" includes any one of the Claims;
(b) “Releasees” means the Company, its directors, officers, employees, volunteers, guests, invitees, representatives, agents, independent contractors, successors, administrators or assigns, and “Releasee” means any one of the Releasees;
3.2 Assumption of Risk and Release. You acknowledge that:
(a) any activity involving an animal, including training/behaviour modification, has certain inherent risks and therefore may be a hazardous activity in which damage, injury (including physical or permanent injury) or death to You, your dog(s), other dogs, and/or other persons may occur;
(b) your dog(s) may, in the course of participating in the Course, be exposed to a variety of hazards such as environmental conditions which include, but are not limited to, vehicular travel, interaction with other persons and other animals, exposure to adverse weather conditions, and/or exposure to areas with crowds and all types of traffic; and
(c) there is no mandatory requirement that other dogs participating in the Course have been vaccinated and therefore, your dog may be exposed to health hazards from other dogs.
In applying to register for and participate in the Course, You recognize and freely accept and assume all such risks, dangers and hazards, including without limitation, (i) the possibility of injury (including death) to You, any dog(s) or any other person; or (ii) property damage; or (iii) loss incidental to or arising from such risks, dangers and hazards and release the Releasees (as defined below) or any of them in respect thereof.
3.3 Injury due to Carelessness of Others. You also recognize and accept the possibility (i) of personal injury (including death) to You, your dogs, or other persons or other dogs participating in the Course; or (ii) property damage or loss resulting from the negligence or carelessness of other registrants (including their dogs) in the Course, and agree that the Releasees or any of them will not be liable to You for any personal injury (including death) to You or your dog(s) or property damage or loss sustained by You arising from the negligence or carelessness of other registrants or participants (including other dogs) in the Course and release the Releasees or any of them in respect thereof.
3.4 Waiver, Release and Indemnity. In consideration of the Company accepting this application for registration and allowing You to participate in the Course You hereby intentionally promise and agree as follows:
(a) to irrevocably waive any and all Claims that You may have against the Releasees or any of them arising out of or due to participation in the Course;
(b) to release the Releasees or any of them from any and all Claims that You, your dog(s) or your next of kin may suffer or incur arising out of or in consequence of any loss, injury, death, damage, cost or expense incurred while attending at or participating in the Course due to any cause whatsoever despite that any such loss, injury, death, damage, cost or expense may have arisen due to negligence of any kind or nature whatsoever, whether foreseen or unforeseen, of the Releasees or any of them, or by reason of the breach of any statutory or other duty of care including, without limitation, any duty of care owed under the Occupiers Liability Act (British Columbia), or by reason of breach of contract. Without limiting the generality of the foregoing, You further release any recourse which You may now or hereafter have resulting from any decision or omission of the Releasees or any of them; and
(c) to hold harmless and indemnify the Releasees or any of them from any and all liability for any property damage, personal injury, death, cost or expense suffered or incurred any third party (expressly including any child or other minor person for whom you are legally responsible in law and who may attend the Course and any dog) resulting from your participation in the Course.
3.5 Awareness of Effect of Signing. You hereby expressly confirm that a representative of the Company has, before your signing below, taken the opportunity to draw to your attention the provisions in this document pertaining to the waiver, release and indemnity by You of certain legal rights which You otherwise may have and that You are signing this Agreement of your own free will.
3.6 Confirmation of Review. You hereby represent and declare that You are of the full age of 19 years and have personally read the terms of this Agreement generally and in particular, the provisions of Sections 7 to 12 hereof before signing it, that You understand the provisions of this Agreement, and that You have had the opportunity to obtain the benefit of independent legal advice in respect of this Agreement before signing this document, and that You are aware that by signing this Agreement, among other matters, You are waiving certain legal rights which You or your heirs, your next of kin, executors, administrators, successors and assigns may otherwise have against the Releasees or any of them and hereby confirm that the terms of this Agreement contains the entire agreement between You and the Releasees.
3.7 Additional Indemnity. The Client agrees, at his own cost and expense, to defend, indemnify and hold harmless the Releasees or any one of them from and against any Claims and costs, expenses (including actual reasonable legal fees) or damages incurred by the Company or any of the Releasees resulting from the breach of any of the representations, warranties, promises or obligations of the Client under this Agreement.
3.8 Limitation. If any of the provisions set forth in this Section 3 are held to be unenforceable by any court having jurisdiction in the matter, the Client confirms and agrees that in no event will the liability of the Company to the Client or any person or animal for whom the Client is responsible in law exceed the aggregate consideration paid by the client to the company under this agreement.
4.1 Entire Agreement. You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and further, agree that it is the complete and exclusive statement of the entire agreement between the Company and You relating to its subject matter and that this Agreement supersedes all prior and contemporaneous oral and written understandings, representations and agreements concerning the subject matter hereof and may not be modified except in a writing signed by the Company and Client and specifically referring to this Agreement.
4.2 Headings. The headings to, and the division of this Agreement into Sections, Subsections, Paragraphs and Subparagraphs are for ease of reference only and will not in any way affect or be used in interpreting any of the provisions of this Agreement. Unless the context otherwise requires, a reference to a Section, Subsection, Paragraph, Subparagraph or Schedule by number or letter is a reference to the appropriate Section, Subsection, Paragraph, Subparagraph or Schedule in this Agreement; and any reference to a party or parties in this Agreement is a reference to the parties as noted on the reverse side of this Agreement.
4.3 Gender and Number. The provisions of this Agreement will be read with all changes in gender and number as may be required by the context.
4.4 Amendment. No amendment or waiver of any provision of this Agreement will be effective unless it is in writing and signed by both parties, specifically referring to this Agreement
4.5 Force Majeure. The Company will not be liable for any delay or failure to perform its obligations under this Agreement due to extreme weather conditions, power outages, medical or health emergencies, riots, strikes, freight embargoes, acts of God, acts of war or hostilities of any nature, laws or regulations of any government (whether domestic, federal, state, county or municipal) or any other similar cause beyond its reasonable control.
4.6 Enurement. This Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, successors, personal representatives and permitted assigns.
4.7 Choice of Law. This Agreement will be interpreted in accordance with the laws (procedural and substantive) of the Province of British Columbia, Canada as if made and performed by and between parties situate in such province and without regard to conflict of laws doctrine. All disputes, controversy or claims arising out of or in connection with or in relation to this Agreement, including any question regarding its existence, validity or termination, will be submitted to and be subject to the jurisdiction of the courts of the Province of British Columbia which will have exclusive jurisdiction in the event of any dispute under this Agreement. The parties irrevocably submit to the jurisdiction of such courts situate in Vancouver to finally adjudicate or determine any suit, action or proceedings arising out of or in connection with this Agreement. The Client waives, to the fullest extent it may effectively do so:
(a) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason; and
(b) any statutory or other right pursuant to the laws of the jurisdiction in which the Client resides to have a case or hearing relating to this Agreement adjudicated or resolved in that jurisdiction.
4.8 Severability. Each provision of this Agreement is declared to be a separate and distinct provision, separable from all other such separate and distinct provisions. If any provision or part thereof is determined by a court of competent jurisdiction to be void or unenforceable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any other promise or provision in this Agreement or any part thereof.
4.9. Collection. If the Company is required to commence any legal action or proceeding to enforce its rights under this Agreement, You promise and agree that You will be liable for the Company’s actual and reasonable legal fees, costs and expenses incurred in regards to any such action or proceeding.
4.10 Contract for Services. This Agreement is expressly intended to be a contract for services.
4.11 No Waiver. No delay or omission by the Company to exercise any right or power occurring upon any non-compliance or default by the Client with respect to any of the terms of this Agreement will impair any such right or power or be interpreted to be a waiver thereof. A waiver by the Company of any of the promises or obligations to be performed by You will not be interpreted to be a waiver of any succeeding breach thereof or of any promise or obligation contained in this Agreement.
4.12 Relationship. The Company, in rendering its services under this Agreement, is acting solely as an independent contractor.
4.13 Survival. The provisions of Sections 3 and Subsections 4.1, 4.5, 4.6, 4.7, 4.8, 4.9 and 4.11 will survive any termination of this Agreement for any reason whatsoever.
INTENDING TO BE LEGALLY BOUND, executed by the Client.
Signature of adult: