NOTICE TO THE PET OWNER/GUARDIAN: PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO CLAIM AGAINST TYLER KENDRICK & KAITLIN HANNIVAN (REFERRED TO IN THIS AGREEMENT AS “THE TIRED POOCH”), AND RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN IT’S ENTIRETY AND UNDERSTAND IT’S EFFECT, POLICIES, PROCEDURES, PET RELEASE, WAIVER OF LIABILITY,

ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENTS.

1. Health. I represent that my pet has not had any contagious illnesses of any kind for 30 days prior to the start of service date. I am aware and understand that The Tired Pooch employees are not veterinarians and do not have backgrounds in animal medicine. The Tired Pooch employees cannot diagnose or detect illnesses in the client’s pets and I agree to assume all risk associated with the administration of medication by The Tired Pooch. I acknowledge that my pet is up to date on all of their vaccinations and I am aware that vaccines do not protect against all contagious illnesses that may affect my pet while in the care of The Tired Pooch. I HEREBY AGREE TO INDEMNIFY THE TIRED POOCH, IT’S OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY CLAIMS MADE AGAINST THE TIRED POOCH, IT’S OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AS A RESULT OF MY FAILURE TO INFORM THE TIRED POOCH OF ANY PRE - EXISTING MEDICAL CONDITIONS THAT MY PET MAY HAVE.

(a)  Illnesses (Cold/Flu/Covid19) - With the seasons changing as we enter cold and flu season, we would like to notify all clients that if you or any of your family members are experiencing ANY Cold/Flu/COVID-19 symptoms (even if you are testing negative for COVID), we ask you that you notify us to reschedule your session OR please wear a mask for the ENTIRE duration of your session. Cancellations or rescheduling due to illness may be made up to 24 hours in advance of your scheduled service. We won't charge or deduct any sessions unless cancellations or rescheduling are within 24 hours of your scheduled session or a complete no-show.

2. Veterinarian Liability and Care. I agree to allow The Tired Pooch to obtain veterinarian medical treatment for my pet, if, in it’s sole discretion it appears that, the pet is ill, injured, or exhibits any other behavior that would suggest that my pet might need medical treatment. Medical treatment may require transportation of my pet to receive care and I hereby authorize such transportation. I grant The Tired Pooch full authority to make decisions involving the medical treatment of my pet if attempt by The Tired Pooch to contact me is not successful. Every effort will be made to contact the Pet Owner prior to obtaining emergency care. I agree that I am fully responsible for the cost of any such medical treatment and transportation. I agree that I am assuming all risk of illness, disease, harm or otherwise to my pet by allowing my pet to participate in services with The Tired Pooch. Furthermore, I agree that I am assuming all risk of the consequences associated with any decisions made by The Tired Pooch, relating to the medical care and transportation of my pet.

3. Transportation. I agree that if my pet is transported to or from The Tired Pooch by The Tired Pooch, it’s employees or agents that I AGREE TO HOLD THE TIRED POOCH, IT’S OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HARMLESS IN THE EVENT OF INJURY OR ACCIDENT DURING TRANSPORTATION.

4. Pet Behaviour. I agree to be solely financially responsible for any and all acts or behaviour of my pet while in the care of The Tired Pooch, WHICH MAY INCLUDE PAYMENT OF DAMAGES FOR THE INJURY CAUSED BY MY PET TO OTHER ANIMALS, HUMANS, AND/OR THE TIRED POOCH. IN ADDITION, I AGREE THAT IF MY PET IS INJURED BY ANOTHER PET, I HEREBY RELEASE THE TIRED POOCH, IT’S OWNERS, EMPLOYEES, AND AGENTS FROM ALL LIABILITY AND FINANCIAL RESPONSIBILITY FOR SUCH INJURY. I FURTHER UNDERSTAND THAT IF MY PET BITES A HUMAN OR PET, THAT THE TIRED POOCH MAY CONTACT THE APPROPRIATE AUTHORITIES.

5. Inclement Weather. We train dogs year round, except for rare instances of extreme inclement weather, I.e. thunderstorms/lightning, torrential downpours, blizzards, hazardous wind chill & extreme heat. We will contact clients to reschedule their session if the weather is deemed too dangerous to train outdoors. If any client who has a dog that can’t tolerate colder weather or certain weather conditions and it is dangerous for them, the client must contact us to let us know at least 24hrs ahead of a scheduled session to reschedule. Rescheduling is dependent on our availability, so wait times would vary. We encourage all clients to bring warm clothing in the winter for both themselves and their dogs.

6. Photo and Video Release. I agree to allow The Tired Pooch to use my pet’s name and any images or videos taken while he/she is in the care of The Tired Pooch, in any form, for use, at any time, in any media, marketing, advertising, illustration, trade or promotional materials.The Tired Pooch will keep secure and confidential any keys, pass codes, access numbers and personal information.

7. Personal Property. I agree that The Tired Pooch shall not be responsible or liable for any lost, stolen or damaged personal property belonging either to my dog or me.

8. Service Fees. We reserve the right to discontinue service if payments are not made. We accept e-transfers and credit card payments only.

(a) Prices and Availability. We reserve the right to occasionally review and adjust the prices and availability of our services.
 
(b) HST. All prices subject to HST.

(c) Dog Training Services. 100% of the payment is due up front before service and before any dates that we have offered for training are solidified. Any purchased training sessions and packages expire after a year from the purchase date.

9. Refunds. We have a no refund policy.

10. Cancellations/Rescheduling. Cancellations/rescheduling may be made up to 24 hours in advance of your scheduled service. We understand things happen in life and you may not be able to make it to a session. We don't charge or deduct any sessions unless cancellations or rescheduling are within 24 hours of your scheduled session or a complete no-show.

11. Duty to Disclose. I represent that I have disclosed and shall continue to disclose, any and all medical conditions or any other conditions, including, but not limited to, personality concerns or behaviors that may affect, limit, or prevent my pet’s ability to participate in services provided by The Tired Pooch. I understand that The Tired Pooch is relying on and will rely on those representations to provide a safe environment for both humans and animals.

12. WAIVER OF RELEASE AND INDEMNIFICATION. I RELEASE, WAIVE, DISCHARGE,INDEMNIFY AND AGREE TO HOLD THE TIRED POOCH, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FOR ANY AND ALL MANNER OF DAMAGES, INJURY, CLAIMS, LOSS, LIABILITIES, COSTS OR EXPENSES, LEGAL FEES, COURT FEES, CAUSES OF ACTION OR SUIT, WHATSOEVER IN LAW OR EQUITY, ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED BY THE TIRED POOCH, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS INCLUDING WITHOUT LIMITATION SUCH AS: ANY INACCURACIES IN ANY STATEMENTS MADE BY MYSELF OR INFORMATION PROVIDED BY ME TO THE TIRED POOCH, ACTIONS OF MY PET, INCLUDING BUT NOT LIMITED TO DESTRUCTION OF PROPERTY, DOG BITES, INJURY, AND TRANSMISSION OF DISEASE, AND ANY ACTION BY MYSELF THAT IS IN BREACH OF THE TERMS OF THIS AGREEMENT.
 

13. Sole Agreement. This writing represents the sole agreement between The Tired Pooch and the Owner/Guardian.

14. Affirmation. Each time I request service by The Tired Pooch, I am re-affirming the terms of this agreement, and the truthfulness and accuracy of all the statements I have made in this agreement. I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT AND UNDERSTAND THAT I WILL GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HAVE SIGNED THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY THE TIRED POOCH, 120 RAGLAN AVENUE #815, TORONTO, ONTARIO 647-906-9520, OFFICERS, EMPLOYEES AND AGENTS TO THE GREATEST EXTENT PERMITTED BY LAW. I FURTHER AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

15. ENTIRE AGREEMENT. Any violation of the aforementioned terms will be considered a breach of contract resulting in the termination of this contract and/or costs and damages payable by me to the Tired Pooch. The agreement is listed above in its entirety. There are no oral representations made outside of this contract. No oral agreements can be made to vary this contract. Any amendments must be in writing and signed by the Tired Pooch and I.