The Tired Pooch Training Terms & Agreement
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. I agree to assume all risk associated with the administration of basic medication by The Tired Pooch, such as oral or topical medications provided by me if I require The Tired Pooch to administer medication to my dog while in their care. I acknowledge that my pet is up to date on all of their vaccinations, including rabies, distemper, and parvovirus, 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.
(a) Puppies and Vaccination Schedules - I acknowledge that my puppy may not yet be fully vaccinated. I confirm that my puppy is on a vaccination schedule recommended by a licensed veterinarian, and has received its initial vaccinations appropriate for its age and has been examined by a licensed veterinarian. I have been advised by my veterinarian that attending these training sessions is safe, despite my puppy not being fully vaccinated. I agree to withhold my puppy from training sessions if they show any signs of illness, such as coughing, vomiting, diarrhea, lethargy, or nasal discharge. Furthermore, I will not bring my puppy if it has been exposed to a contagious disease in the last 30 days.
I, ON BEHALF OF MYSELF, MY DOG, MY FAMILY MEMBERS, AND MY HEIRS, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE TIRED POOCH, ITS OWNERS, TRAINERS, DIRECTORS, OFFICERS, EMPLOYEES, ASSISTANTS, AND AGENTS AGAINST ANY CLAIMS MADE AGAINST THE TIRED POOCH, ITS OWNERS, TRAINERS, DIRECTORS, OFFICERS, EMPLOYEES, ASSISTANTS, AND AGENTS AS A RESULT OF MY FAILURE TO INFORM THE TIRED POOCH OF ANY PRE-EXISTING MEDICAL CONDITIONS THAT MY PET MAY HAVE AND FROM ANY AND ALL CLAIMS, SUITS, COSTS, LOSSES, DAMAGES, OR LIABILITY ARISING OUT OF OR RELATED TO PARTICIPATION IN TRAINING, INCLUDING INJURY, ILLNESS, OR DAMAGE CAUSED BY MY DOG OR TO MY DOG.
(b) 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, its employees or agents that I AGREE TO HOLD THE TIRED POOCH, ITS OWNERS, TRAINERS, 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, ITS OWNERS, TRAINERS, 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 to solidify training dates. Any purchased training sessions and packages expire one 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. The Tired Pooch and the Scout app do not send reminders for scheduled sessions. It is up to each client to remember their scheduled dates and times for any sessions by checking the Scout app or referring to our original email correspondence where dates and times have been agreed on and confirmed via email.
11. Day Training Pickup and Drop-offs. Any client enrolled in our Day Training program must drop off and pick up their dog at the agreed upon times. Please have a backup plan, such as a family member or friend, to pick up your dog if you cannot make it due to an emergency, as we do not offer full-day or overnight boarding.
12. At The Tired Pooch we will create as safe an environment as possible for the training of each individual dog. Our training is based on safe, reliable and responsible training methods. Owners must agree, however that dogs are still animals and all animals can display unpredictable behaviours. The Tired Pooch will not be held liable for the destruction of property or injury done by any dog that is not under the watch and care of The Tired Pooch.
The Pet owners must agree that the training recommendations given by The Tired Pooch of any product or method is not a guarantee of the dogs performance or the owners satisfaction with each product or method. All members of the immediate household the dog resides in, must follow and not waver in any training techniques advised by The Tired Pooch. This can result in unsatisfactory results in the progress of your dogs behaviour modification and training.
The Pet owner also understands and agrees with the use of any
tools/techniques that may be used by The Tired Pooch to assist in the training of their dog. These can include the following; martingale collars, slip leads, flat buckle collars, front clipping harnesses, muzzles and prong collars. Methods will be discussed with owner prior to being used on the dog.
The Tired Pooch agrees that while the dog is under our watch and care, the owner is not held responsible or liable from and against any claims of damages or injury caused by the gross negligence of The Tired Pooch. The owner agrees that The Tired Pooch has no control over the dog when the dog is not in the care of The Tired Pooch. The owner agrees to hold The Tired Pooch harmless from and against any and all claims of injury or damages caused.
13. 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.
14. Assumption of Risk. I understand that participation in dog training activities involves inherent risks to myself, my dog, my family members, and others who may attend. I acknowledge that dogs can be unpredictable and that injuries may occur, including but not limited to bites, scratches, dog fights, injuries to people or property, and potential exposure to illness or disease. I voluntarily assume all risks associated with participation
15. WAIVER OF RELEASE AND INDEMNIFICATION. I RELEASE, WAIVE, DISCHARGE,INDEMNIFY AND AGREE TO HOLD THE TIRED POOCH, ITS OWNERS, TRAINERS, DIRECTORS, OFFICERS, EMPLOYEES, ASSISTANTS 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, TRAINERS, DIRECTORS, OFFICERS, EMPLOYEES, ASSISTANTS 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 ILLNESS OR DISEASE, AND ANY ACTION BY MYSELF THAT IS IN BREACH OF THE TERMS OF THIS AGREEMENT.
16. Sole Agreement. This writing represents the sole agreement between The Tired Pooch and the Owner/Guardian.
17. 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, YORK, 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.
18. 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.