Board and Train: Contract

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I certify that my dog has had all of it's required vaccinations, does not have any contagious conditions of which I am aware of.*

THIS DOG TRAINING SERVICES AGREEMENT ("Agreement") is entered into and effective this 28th day of May, 2023 ("Effective Date") by and between Precision K9 Training, Inc., a Illinois corporation (hereinafter referred to as "Trainer") and , an individual (hereinafter referred to as "Client").

WHEREAS, Client owns a dog (“Dog”) and desires to have the Dog trained in a caring and competent environment; and

WHEREAS, Trainer has experience and expertise in the training of all types of dogs, and all kinds of behavioral issues, and wishes to provide training to the Dog subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:

1. Training Services. Trainer shall endeavor to create as safe an environment as possible for the training and boarding care, if applicable, for the Dog and shall offer sound, safe, and responsible training and care services.*

2. Payment Policy. In order to reserve your dog's Board & Train program, you must make a 20% deposit payable to Trainer upon the Effective Date. If you need to make payments for your program, you can book your program farther in advance, and add payments to your deposit, leading up to the start of your program, at which time the full amount is due.*

3. Client Cancellation. Client may cancel this Agreement for any reason prior to or during the provision of any of the Services hereunder. In the event Client cancels this Agreement, the Trainer Fee shall be refunded as follows: (i) If you need to cancel your Board and Train program for any reason, your deposit is non-refundable. (ii) If you need to reschedule your Board and Train program, it must be rescheduled with at least a week’s advance notice. (iii) Programs rescheduled within a week of our scheduled start date will result in your deposit becoming non-refundable and non-transferable to the rescheduled program. Some exceptions may apply for emergencies or extenuating circumstances.*

4. Modifications to Services. Client may, at any time, upon mutual written agreement executed by both parties hereto, upgrade or supplement the Services. Such modifications to the Services may result in an increase in the Trainer Fee.*

5. Media Rights. Client assigns and grants to Trainer the right and permission to use, reproduce, distribute, exhibit, and publish the photograph(s), film(s), videotape(s), audio and video recording(s), electronic representation(s) and/or sound recording(s) made of Client and/or the Dog at any time during the training and/or boarding of the Dog, without limitation, at the discretion of Trainer. Client specifically waives any right to any compensation Client may have for any of the foregoing, and releases Trainer from any and all liability resulting from such use, reproduction, distribution, and publication of the foregoing.*

6. Control and Cooperation. Client grants Trainer full discretion and control regarding all aspects of the Services. In the event that a particular type of training is not provided by the Trainer as a component of the Services, it is at the sole discretion of Trainer. The parties agree that amicable cooperation and communication will yield the best results for the Services provided hereunder. Trainer shall not be held liable for failing to train the Dog in connection with specific behavioral traits in the event that Client has not properly specified and identified such traits prior to the provision of the Services.*

7. Risks Related to Accommodations and Physical Activity. The Dog may be housed at Trainer’s working kennel; Trainer has taken special care in designing and maintaining Trainer’s working kennel in order to achieve a high standard of safety and cleanliness. The Dog may also spend time in other locations, both public and private, and come into contact with natural objects, dirt, grass, cement, trees, fencing, bushes, and water as well as with other dogs and humans. Trainer shall not be responsible or liable for any scratches, bumps, or bruises that may result from these types of interactions, whether such interactions take place in the working kennel or in any other location.*

8. Dog Behavior. Owner acknowledges and agrees that all animals may exhibit unpredictable behaviors and that Trainer shall not be liable for the actions of the Dog that are outside of the control of Trainer.*

9. Recommended Products or Services. Owner acknowledges and agrees that the recommendation by Trainer of any product or service is not a guarantee of performance or Client’s satisfaction with such product or service.*

10. Dog Collars and Other Equipment. The provision and inspection of collars (such as prong collars, e-collars, remote collars, Dogtra collars and Educator e-collars) and any other special equipment, shall be at the sole discretion of Client. Trainer shall not be responsible or liable for any failure or malfunction of collars or equipment provided by the Client or manufactured or distributed by any third party. Dog collars and other special equipment, except those that may be used in the provision of the Services, in Trainer’s sole discretion, are not included in the Trainer Fee.*

11. Failure to Perform. If Trainer cannot perform this agreement due to illness or similar incapacity or unavailability, and an appropriate substitute is not secured by Trainer and/or approved by Client, then Trainer may cancel this Agreement upon reasonable notice given the circumstances, shall return all monies paid to Client, and shall have no further liability with respect to this Agreement.*

12. Damage to Equipment/Facilities, Harm to Employees. In the event that equipment or facilities are damaged or an employee of Trainer is harmed due to the acts or omissions of Client or the Dog, Trainer may, in its sole discretion, terminate this Agreement and the Services provided hereunder and retain all monies paid by Client.*

13. Assumption of Risk. During the course of the provision of the Services, the Dog may face certain risks and hazards, both foreseeable and unforeseeable. These risks and hazards include, but are not limited to, accidents, aggressive incidences with other dogs, and illness. These risks and hazards may result in serious physical injury, sickness or death, and damage to, or loss or destruction of property, and no guarantee can be made that Trainer or others can provide assistance if any of the forgoing result. Client hereby acknowledges that the Dog’s participation in the Services provided by Trainer involves inherent risks of physical injury, illness, death and/or damage to or loss of property, that Client has voluntarily engaged the Trainer to provide the Services and that Client elects to assume all such risk to the Dog with full knowledge of the inherent risks.*

14. Force Majeure. Any delays in or failure of performance by Trainer are not a breach of this Agreement if and to the extent caused by occurrences beyond the reasonable control of Trainer, including acts of God, embargoes, governmental restrictions, strikes or other concerted acts of workers, fire, flood, explosion, riots, wars, civil disorder, rebellion or sabotage. Trainer will reasonably cooperate with Client in rescheduling in such an event.*

15. Indemnification; LIMITATION OF LIABILITY. Client acknowledges and understands the attendant risks and releases, indemnifies, and agrees to hold Trainer harmless from any and all manner of damages, claims, loss, liabilities, costs or expenses, causes of actions or suits, whatsoever in law or equity, (including, without limitation, attorney’s fees and related costs) arising out of or related to the Services provided by Trainer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TRAINER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY AND, IN PARTICULAR, DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF RESULTS FROM THE TRAINING. FURTHER, TRAINER DOES NOT WARRANT THAT THE DOG WILL NOT BECOME HARMED DURING THE PROVISION OF THE SERVICES. CLIENT UNDERSTANDS THAT TRAINER IS NOT RESPONSIBLE FOR ACTS OR OMISSIONS OF OTHERS OR FOR EVENTS BEYOND ITS CONTROL. IF TRAINER IS HELD LIABLE FOR ITS SERVICES RENDERED HEREUNDER FOR ANY REASON WHATSOEVER, SUCH LIABILITY SHALL BE LIMITED TO THE SUMS ACTUALLY RECEIVED FROM THE CLIENT HEREUNDER.*

16. Miscellaneous. The laws of the State of Illinois shall govern this Agreement. All remedies of Trainer hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. This Agreement, together with all exhibits, schedules, and attachments hereto, constitute the entire agreement between the Client and Trainer. Any changes must be made in writing and agreed to by both parties. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the Agreement shall be construed as if such provision had never been contained in this Agreement. This Agreement may be executed in counterparts, and duplicate originals and each of the counterparts or duplicate originals taken together shall constitute one valid and binding agreement between and among the parties. The terms and conditions of this Agreement are binding upon all successors and assignees of the parties hereto. This Agreement may not be assigned without the prior written consent of Trainer. THE PARTIES TO THIS AGREEMENT WAIVE ANY RIGHTS TO A JURY TRIAL IN ANY JUDICIAL ACTION BROUGHT BY EITHER PARTY THAT RELATES IN ANY WAY TO THIS AGREEMENT.*

IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers or representatives as of the Effective Date:*

By typing your first and last name below, you thereby agree to the terms above. Your type-written name is considered an e-signature.*