Group Class Services Agreement

ASSUMPTION OF RISK. The undersigned (“you” or “Participant”) acknowledges that he/she is voluntarily participating in dog training provided by Perked Ears Companion Animal Training and Education (Perked Ears) with knowledge of the potential dangers. Participant represents that he/she is the owner or guardian of the dog(s) identified in this Agreement. You acknowledge that dogs are unpredictable animals with their own will and drives, and therefore, regardless of training, handling, or environmental circumstance, Perked Ears cannot protect against every potential injury, risk or accident to you, to other persons participating in the training or on the property where the training is taking place, or to dogs. These may include dog attacks, dog bites and the responsive actions and complications that arise from them, and you understand and acknowledge that such risks are inherent and cannot be eliminated. This Agreement is intended to shift the risk of participating in dog training to you. Do not sign it unless you are willing to assume the risk to yourself, your dog, and others accompanying you of your participation in dog training, including the associated risks of bodily injury, death or property damage while participating in the dog training and related activities on the property of Perked Ears, in your own home, or in a public space.

RELEASE OF LIABILITY. Participant agrees that in consideration for being permitted to participate in dog training provided by Perked Ears, and/or to use any of Perked Ears’ facilities in connection with dog training, Participant, for himself/herself, and his/her heirs, next of kin, executors, and personal representatives (collectively, “Releasors”), assumes the entire risk associated with participating such an activity and waives, releases, discharges and covenants not to sue Perked Ears, its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers or other representatives, their successors and/or assigns (collectively, “Releasees”), from any and all liability to Releasors for any loss, harm, damage, claim, injury (including death) or accident to the person or property of Participant, Participant’s dog, and any other persons accompanying Participant at the dog training, including any minor children, arising out of or related to participating in dog training or using any facilities or equipment of Perked Ears, even if caused by any negligent act or omission of Releasees. Nothing herein is intended to release Releasees from any harm, injury, claim or damage caused by intentional, wanton or reckless misconduct.

INDEMNIFICATION. You agree that you are and will be responsible for your conduct and the conduct of your dog and others accompanying you at all times. You agree to indemnify and hold harmless Perked Ears, its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers and other representatives (“Perked Earsl”), from any and all claims of injury (including death), loss, cost, expenses, or damage to persons, dogs, or property caused by the acts or omissions of you, your dog, and any other persons accompanying you, including any minor children, during the course of training or related activities, as well as by the conduct of your dog under your own care as a result of following training instructions. This provision applies whether the claims are made by you,

members of your family, your accompanying guests, Perked Ears, or third parties.

CLIENT’S REPRESENTATIONS. You represent and affirm that:

You are at least 18 years old and competent to agree to be bound by the terms of this agreement.
You are the lawful owner of the Dog.
The Dog is under the care of a licensed veterinarian.
The Dog is up-to-date on all age-appropriate vaccines and will continue to receive all recommended vaccines throughout the length of the course.
The Dog is in good health and in a physical condition acceptable to you for the purposes of participating in the training exercises being taught.
All of the information you provided to Perked Ears during the intake and registration process, and all other written and oral information provided to Perked Ears concerning you, the Dog and your household, is true, complete and correct in all respects.

NO GUARANTEE OF RESULTS. You recognize that the role you play in your dog’s learning process is integral to achieving desired results. You acknowledge and agree that there is no guarantee that your dog will achieve the desired level of training, despite the best efforts of Perked Ears. You further understand that the recommendation of any other product or service by Perked Ears is not a guarantee of satisfaction with that product or service.

PHOTO RELEASE. By signing below, you give Perked Ears permission to publish in print, electronic, or video format the likeness or image of you and/or your dog. You release all claims against Perked Ears with respect to privacy rights, publicity rights, copyright ownership and publication, including any claim for compensation related to use of the materials.

CANCELLATION FEE. Refunds are unavailable for group classes. If a student must miss a lesson of a group class, arrangements can be made to make up the class in a future cycle, or use the funds towards a different service from Perked Ears. Students may only do a makeup lesson for 1 missed lesson throughout the length of the course. The student must arrange the makeup lesson arrangement within 14 days of the missed class.

SAVINGS CLAUSE. You expressly agree that the foregoing assumption of risk, release, waiver, and indemnity provisions are intended to be as broad and inclusive as permitted by applicable law, and that if any portion thereof is held invalid, you agree that the remaining provisions will continue in full force and effect.

KNOWING AND VOLUNTARY EXECUTION. By signing below, you declare that you are at least 18 years of age and competent to sign this Agreement. You acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its terms. You specifically understand that this Agreement includes an assumption of the risk of Perked Ears negligence and a release of Perked Ears’ liability.

Name of Dog (printed)

Name of Owner (Printed)

Signature

Date