1. ACCEPTANCE OF TERMS

1.1. Kindred K9s Pty Ltd trading Kindred K9s (“We”, “us” or “our”) agree to provide the Services to you subject to the following terms of service (“this Agreement”).

1.2. We reserve the right to update these terms of service from time to time. Updated terms of service will be displayed at [https://kindredk9s.com.au/terms-of-service/]. You agree to check that site from time to time and acknowledge and agree that you have been made aware of such updates and agree to be bound by them.

1.3. The Services we provide are personal to you and non-transferable without our express written consent.

1.4. We may also offer other services that are governed by different terms of service.

1.5. You acknowledge and accept that by using our Services you agree to be bound by the terms of this Agreement. You represent that you are of legal age to form a binding contract.

2. YOUR REGISTRATION OBLIGATIONS

2.1. You warrant that the information you provide to us about yourself and your dog is true, accurate, current and complete as requested prior to the training session (including confirmation of your dog’s vaccination). You agree that you will promptly advise us of any changes to the information provided.

2.2. You warrant that you have disclosed to us any and all behavioural issues relating to your dog, in particular any dangerous temperament your dog may have, and you expressly agree to advise us promptly should this warranty become untrue or inaccurate. You release and indemnify us for any loss suffered as a result of your failure to make the relevant disclosure to us.

3. PAYMENT OF FEES & REFUNDS

3.1. You acknowledge and accept that your registration for the Services will not be valid until payment has been received prior to the training session.

3.2. Payment of our fees must be made in full at least three (3) business days prior to the commencement of the registered Service. If you fail to make the full payment on or before the commencement of your training session, your registration may, at our sole discretion, be cancelled.

3.3. Should you elect to cancel your training session after the commencement of the Service due to a change of mind or circumstance, we may, at our sole discretion, agree to provide a substitute service at a different time and/or place.

3.4. In the event of any minor problem with providing the Service, you must give us an opportunity to provide you with a substitute service within a reasonable time before requesting a refund.

3.5. We agree to provide you a refund (less the administration fee) of any monies paid by you should you elect to cancel your training session PROVIDED that you give us a minimum of two (2) business days written notice prior to the commencement of the session.

3.6. If you book a Private Training Session, you must use the Service within eight (8) calendar weeks of payment. If the Service is not used within eight (8) calendar weeks of payment, the Service and all monies paid by you will be forfeited.

3.7. Should you wish to reschedule a booking, you must provide us with at least 24 hours’ notice prior to the commencement of the training session.

3.8. In the event you fail to attend a Private Training Session at the time and place booked, and you reschedule the Private Training Session in accordance with clause 3.7, your monies paid can be used towards that rescheduled Private Training Session. Additional charges may apply for incurred travel costs.

4. CONSENT TO USE OF DIGITAL AND ELECTRONIC MATERIAL

4.1. You acknowledge and accept that during the provision of the Service, we may take photographs and/or make audio or other media recordings in which you may appear. You consent to such material being copied or reproduced (whether by photo, film or other digital, electronic or printed media). We may use such material for the purpose of marketing and promoting the Service. Should you not wish to have material shared please advise prior to the commencement of the training session.

4.2. We agree not to use the material in a manner that may be deemed adverse or defamatory to you. We further agree that your personal details (including your name) will not be used in the featured material without your express consent.

5. MEMBER CONDUCT

5.1. You acknowledge and accept that by registering for any of our Services you agree to be bound by any guidelines or rules applicable to our Services, which may be posted on our website as at the date you use our Services, and updated from time to time.

5.2. You agree that whilst participating in our Services you will not:

(a) act in a way that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) allow your dog to harm us or our clients in any way; and

(c) unreasonably interfere with or disrupt the Service or disregard any of our reasonable requirements, procedures, policies or rules.

5.3. We reserve the right (but not the obligation), in our sole discretion to refuse, or remove any person (including you) or dog from a session if they violate the terms of this Agreement or is otherwise objectionable.

6. INDEMNITY

6.1. You (and the person for whom or on whose behalf you are booking the Services, if applicable), agree to release and indemnify us, and our officers, employees and contractors, from any claim, damage, or demand, including reasonable legal fees incurred by us, our officers, employees and contractors:

(a) arising from or in connection with of your breach of this Agreement, or arising from or in connection with your negligent acts or omissions in the use of the Services;

(b) arising out of your or the participant’s death or physical or mental injury, disease, loss and damage, or economic loss of any description whatsoever which you may suffer or sustain in the course of or consequential upon or incidental to participating in the Services, whether caused by the negligence of us, our employees, officers, contractors, representatives, servant and agents, or otherwise.

(c) for any loss, injury, or death of any animal in our care other than as a result of our negligent acts or omissions.

6.2. We will aim to create a secure, safe and friendly environment for the training of your dog. We will train your dog in a responsible professional way and will offer you advice on how to maintain the level reached in the course. We are not, however responsible for incorrect assertions.

6.3. You expressly assume the risk of any damage or injury to yourself, your dog, and/or any minors attending a dog training session with you incurred as a result of a dog training session conducted by us or on our behalf.

6.4. You understand that we agree to exercise due and reasonable care of your dog while at agreed upon locations. However, we are not liable for loss or damage from disease, death, running away, theft, fire, injury to persons, other dogs, or property by your dog during or after the term of this Agreement.

6.5. You further agree to adhere to all specific laws pertaining to dogs and agree to abide by Council, State and Federal law while attending training sessions with us or otherwise using our Services.

6.6. You understand that your dog (whilst our current client) must have a current C5 vaccination (and the certificate must be sighted by us) and, remain current in their vaccination status throughout your dog’s duration as our client.

6.7. Whilst we will make every reasonable effort to help you achieve training and behaviour modification goals, you acknowledge and agree we make no guarantee of your dog´s performance or behaviour as a result of providing professional dog behaviour consultation.

6.8. You agree that you and members of the dog’s household must follow our instructions without modification, work with dog daily as recommended, and constantly reinforce training being given to the dog.

6.9. You agree that it is your responsibility to implement what is covered in the training sessions and agree that without training and proper reinforcement, your dog will most likely not learn the desired behaviour.

6.10. You agree that minors (under the age of 18 years old) attending our training sessions, must be supervised by a responsible adult at all times and are responsible for their safety.

6.11. You agree that minors over the age of 16 attending our training sessions, are permitted to handle your dog by themselves, provided only that:

(a) we agree, having regard to that minor’s capability and any other factors we may consider in our discretion; and

(b) a responsible adult is within the immediate vicinity.

6.12. You authorise us to enter your home during agreed upon days and hours for the purpose of training your dog.

7. DISCONTINUANCE OR MODIFICATION TO SERVICES

7.1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof). We will take all reasonable steps to provide notice to you; however, are not obliged to do so. Changes may include but are not limited to: programs modified to run virtually via online conferencing systems e.g. Zoom, change of course time, change of course location, etc.

7.2. Should we discontinue a Service, we agree to promptly provide you with a full refund of any monies paid by you.

7.3. We agree that any modification of the Service will continue to be fit for the purpose the original Service was intended, as disclosed by us in writing or requested in writing by you prior to the commencement of the Service.

8. TERMINATION

8.1. You agree that we may, under certain circumstances and without prior notice, immediately terminate your registration for the Service.

8.2. We may terminate the Service for, but not be limited to, the following reasons:

(a) your breach or violation of this Agreement or other incorporated agreements or guidelines;

(b) requests by law enforcement or other government agencies;

(c) a request by you;

(d) discontinuance or material modification to the Service (or any part thereof) by us;

(e) unexpected issues or problems in us providing the Service;

(f) non-payment of any fees owed by you in connection with the Service.

9. WARRANTIES

9.1. You expressly acknowledge and accept that:

(a) Unless you have requested in writing (and we have agreed) that the Service will be fit for a particular purpose, the Service will be solely fit for the purpose indicated by us in our registration material;

(b) As a consequence of the nature of the Service, we are unable to make any warranty that the Services will be uninterrupted, timely, secure or error-free;

(c) As a consequence of the nature of the Service, we are unable to warrant that the results that may be obtained from the use of the Service will be consistent or meet any particular expectations you may have for your dog.

10. ACCEPTANCE OF RISK

10.1. You acknowledge and agree that your use of our Services involves a significant degree of personal risk, and that these risks may include but are not limited to death, or personal injury.

10.2. You also acknowledge and agree that dog training involves a number of specific risks including but not limited to death, head injuries, face injuries, bone fractures, sprains, strains, muscle tears, bruises, abrasions, open wounds, dehydration, heat stress, sun damage, or other injuries that may arise through being attacked by a dog, or as a result of any trip or slip hazards where our training sessions are conducted.

10.3. Before using our Services, you should ensure that you are aware of, and properly understand, all of the risks involved in participating in dog training, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you may suffer.

10.4. By making registration and paying for the Services, you acknowledge, agree and understand that:

(a) you engage or participate in the Services voluntarily and at your own risk in full knowledge of the risks involved;

(b) the risk warning in paragraph (a) above constitutes a formal ‘risk warning’ for the purpose of Section 5M of the Civil Liability Act 2002 (NSW).

10.5. Section 139A of Competition and Consumer Act, 2010 (Cth) permits us to ask you to agree that the statutory guarantees under the Australian Consumer Law (Cth) do not apply to you (or a person for whom or on whose behalf you are making the booking to use our Services).

10.6. By making your booking and paying, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):

(a) Your rights (or the rights of a person for whom or on whose behalf you are acquiring the Services) to sue us, and our employees, contractors and agents, in relation to the Services, if they were not provided to you in accordance with any express or implied warranty or guarantee that the Services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and

(b) You (or the person for whom or on whose behalf you are booking the Services) release us, and our employees, contractors and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the Services will be provided with reasonable care and skill.

10.7. By making your booking and paying, you acknowledge, agree and understand that, to the full extent permitted by law, our liability in relation to recreational services and activities (as that term is defined in the Australian Consumer Law (Cth) and any similar state laws) for any:

(a) death;

(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(c) the contraction, aggravation or acceleration of a disease.

11. LIMITATION OF LIABILITY

11.1. Subject to applicable law, you (and the person for whom or on whose behalf you are booking the Services, if applicable) expressly acknowledge and accept that we will not be liable to you or to the participant, for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from:

(a) you, or the participant’s, negligent use of the Service;

(b) the cost of procurement of substitute Services at your request; or

(c) statements or conduct of any third party through the use of the Service.

12. DEFINITIONS

The following definitions apply to this Agreement:

Private Training Session means an individually booked class not advertised or promoted to the general public, and class attendance is restricted to you or persons you have nominated to attend.

Services means the dog training services we provide from time to time, including the following courses:

(a) One-to-one in person consultations;

(b) Online consultations;

(c) Kids’ K9 program.