CLIENT SERVICE AGREEMENT: 6 week course

This contract is for dog training services between Amy White (hereinafter “Trainer”) and [insert client name] (hereinafter “Client”). Collectively, Trainer and Client will be referred to as the “Parties.” The Parties agree to following terms:

1. Conditions

This Agreement will not take effect, and Trainer will have no obligation to provide services, until: (a) Client returns a signed copy of this Agreement; (b) Client pays the initial Retainer called for under Paragraph 4; and (c) Trainer acknowledges acceptance of Client by counter-signing this Agreement. Upon satisfaction of these conditions, this Agreement will be deemed to take effect.

2. Scope of Services

Client hires Trainer for six training sessions for Client’s dog (hereinafter “Trainee”). These services may include, but are not limited to: one-on-one sessions via Zoom, handouts,  and videos. Trainer will assist Client through one-on-one coaching and demonstrations with Trainee to teach Client how to train their dog. Client and Trainer will agree on a time and date to meet via Zoom. Trainer and Client will discuss Trainee’s behavior, and Trainer will coach Client through training session. Sessions last approximately thirty minutes, but could be longer or shorter depending on Dog’s behavior and Client’s needs. Client understands that dogs are individuals and Trainer cannot guarantee that any behavior changes will be permanent.

Client understands that they must schedule the initial lesson within three weeks of Trainer’s earliest availability, use the sessions by one year after the first lesson, and that cancellations of sessions must be made at least 24 hours in advance, otherwise the sessions will be forfeited. Client will receive a reminder text or email the day before their scheduled lesson and must confirm their upcoming appointment.If Client does not reply, Trainer will assume that Client is unavailable and will cancel their appointment and apply a no-show fee, as detailed in section 3, subsection A: Additional fees.

Additional Services

Should Client ask for any additional services not already included as part of this Agreement as specifically outlined in Paragraph 2, Client may request those services from Trainer. Trainer, at their sole discretion, may provide an estimate and any other necessary details for those services, including payment terms. 

If Client wishes to purchase additional sessions for a week, they are available for $45 per session. If Client wishes to purchase additional in-person sessions, they are available for $120 per session. In-person sessions are available for residents of Dallas, Tx and surrounding communities. Travel fees may apply.

3. Fee

Client agrees to pay a Fee of $275 for Trainer’s services under this Agreement. Trainer will invoice Client via Trainer’s client relationship management program.  Client agrees to pay Trainer the Flat Fee by credit or debit card before Trainer begins providing the services under this Agreement. Trainer has no obligation to provide services until Client makes payment and that payment is received into Trainer’s bank account. 

Additional Fees

If Client does not confirm their appointment or if Client does not attend their Zoom meeting, Client agrees to pay a $50 fee.

4. Method of Payment

Trainer will send Client an electronic invoice for all payments. Client may pay by debit card or credit card using the payment link on the invoice. All payments are processed through Stripe and are subject to their terms, conditions, and privacy policy.

5. Late Fees

For every three (3) days Client fails to make timely payment according to the above terms, Trainer may charge, and Client agrees to pay a late fee equal to the greater of ten percent (10%).

6. Suspension of Work

Trainer may suspend work on the Services if Client fails to make payment within three (3) days from the due date of an invoice or in the case that Client fails to respond to communications from Trainer in accordance with Paragraph 7, “Communication.”

7. Communication

Trainer will contact Client via email, phone, or text message as they state their preference. Client is encouraged to contact trainer with any questions or concerns they have regarding training. Trainer makes every effort to return messages promptly and responds within two business days.

8. Cancellation

Client may cancel this Agreement for any reason upon completion of work and hours for Client’s previously paid fees. Should Client cancel before Trainer has worked all hours under a previous payment, Client agrees to allow Trainer to complete those services; otherwise, Client forfeits the money paid and Trainer will keep amounts paid for uncompleted work. Should Trainer cancel this Agreement for any reason, Trainer agrees to refund any amounts already paid by Client that have not yet been earned by Trainer.

If Client needs to cancel or reschedule their appointment, Client agrees to let Trainer know a minimum of  24 hours in advance. Trainer and Client will agree on a new date and time at the time of notice. If Client fails to notify Trainer, Client agrees to pay a no-show fee of $50.

9. Limit of Liability

Liability shall be limited to the total fee considered under Paragraph 3 of this Agreement. Except as prohibited by law, Trainer  shall not be liable to Client or to any other person or entity for any general, punitive, special, indirect, for consequential or incidental damages, or lost profits, or any other damages, costs or losses arising out of the Trainer’s services, materials, or products, including attorney’s fees and related expenses of litigation and arbitration. Except as prohibited by law, to the extent there is liability found as to the Trainer, such recovery is limited to the amount the Client paid for materials, products, or services.

10. Indemnification and Release

Client understands that training dogs is inherently risky and exposes themselves and Trainer to injuries, including but not limited to bites, cuts, bruises, and other injuries that may or may not require medical intervention. Client agrees to adhere to all safety protocols that Trainer suggests and to the extent permitted by law, each party hereby agrees to protect, indemnify, defend, and hold harmless the other and their respective managers, officers, members, partners, affiliates owners, shareholders, beneficiaries, and their respective employees, agents, and contractors (collectively, "Representatives") against all claim/losses, liabilities, damages, expenses, and costs arising out of or connected with the negligence or intentional misconduct of such party or its Representatives. 

11. Notice and Disclosures

Client warrants that they have disclosed any known or suspected behavioral issues of Trainee prior to signing this contract, so that Trainer may make reasonable efforts to protect themselves, Trainee, and any other third parties including people, dogs, and any other animals nearby. Client also warrants that they have disclosed any known medical issues or specific dietary needs of Trainee. Client also understands the importance of pet vaccinations and warrants that Trainee has received the proper vaccinations necessary to protect Trainee, Trainer, as well as any other dogs or third parties.

12. Force Majeure

Trainer shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Trainer including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, inTrainersion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13. Attorney's Fees. 

Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, the preTraineriling party shall be entitled reimbursement of a reasonable sum of their attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.

14. Waiver. 

No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

15. Article Headings. 

All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

16. Marketing

Trainer shall have the right to include photographic or artistic representations of the services for use in marketing, promotion, and public relations materials. Client agrees that Trainer may take and use photos of Trainee and Client for marketing purposes including but not limited to use on social media, Trainer’s website, and other various publications. Client agrees that Trainer may use any testimonials for similar marketing purposes.

17. Severability. 

If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.

18. Modification by Subsequent Agreement

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

18. Mediation

To the extent Client attempts to assert any such claim relating to this Agreement or to services provided from Trainer to Client, Client hereby expressly agrees to present such claim only in the small claims courts in Dallas, TX

19. Governing Law. 

This Contract shall be governed by and interpreted under the laws of the state of Texas

20. Sole and Only Agreement. 

This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.

21. Assignment; Successors and Assigns. 

Client agrees that Client will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any such purported assignment, transfer, or delegation shall be null and void. Client represents that Client has not previously assigned or transferred any claims or rights released by him pursuant to this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, successors, attorneys, and permitted assigns. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.

22. Counterparts 

This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original, and each party agrees to deliver to the other party an original executed Agreement within seven (7) days of execution.

I, undersigned Client, hereby warrant that I am of full age and have every right to contract in my own name in the above regard. I state further that I have read the above authorization and release prior to the execution and that I am fully familiar with its contents.