TERMS AND CONDITIONS

Terms and Conditions

By accessing, browsing or using this Web Site and / or services, you agree to these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”) and acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this Web Site or contracting Playful Paws to provide a service you expressly agree to be bound by these Terms and Conditions.

Any amendment will be effective immediately. Your continued use of this Web Site and/or services after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.

Vaccinations and treatments

All dogs must have current vaccinations, flea and worm treatments and in summer it is advisable that you have a tick prevention in the summer months.

Accidents

We are not responsible for picking up any excrement left by your dog prior to or at the commencement of our services in a public place. If we are training in a public area, please make sure you bring with you dog poo bags. All dogs need to be onlead by law and registered.

Private Training:

The Client agrees to pay Trainer a non-refundable fee in the amount described on the invoice. Amounts may be subject to change. *Additional travel fees apply.

The trainer agrees to provide private lessons for Client and Dog on a lesson-by-lesson basis, the goal being to teach Client how to train and work with Dog. These lessons will take place at Client’s home or on location. Trainer will make every reasonable effort to help Client achieve training and behaviour modification goals but makes no guarantee of Dog’s performance or behaviour as a result of providing professional animal behaviour consultation. The client

understands that he/she and members of the household must follow Trainer’s instructions without modification, work with dog daily as recommended, and constantly reinforce training being given to Dog.

If the Client fails to give at least 24 hours cancellation notice, or is not present at time of scheduled appointment, session fees are still due. For a package deal, the session will still be counted as one session..

At the Trainer’s sole election, the Trainer’s duties hereunder shall terminate if (a) in the Trainer’s sole judgment the Dog is dangerous or vicious to the Trainer or any other person or animal, or interferes with the training of other dogs, or (b) the Client breaches any term or condition of this Agreement. Upon termination in accordance with the foregoing, the Trainer’s duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.

This Agreement is binding upon the Client. The Client includes any other people that are invited by the client to participate and agrees to participate in the training of the dog. This Agreement supersedes all prior discussions, representations, warranties and agreements of the parties, and expresses the entire agreement between Client and Trainer regarding the matters described above. The parties confirm that, except for that which is specifically written in this Agreement, no promises, representations or oral understandings have been made with regard to the training of the Dog or anything else. Without limiting the generality of the foregoing, Client acknowledges that Trainer has not represented, promised, guaranteed or warranted that the dog will never bite, that the dog will not be dangerous or vicious in the future, that the dog will not exhibit other behavioural problems, or that the results of the training will last for any particular amount of time. This Agreement may be amended only by a written instrument signed by both Client and Trainer.

Classes:

Classes are filled once received payment. A spot will not be held until payment is received along with signed Training Agreement and enrolment form. These items must be received prior to commencement of first class.

Classes are taught by a professional dog trainer, employed or contracted by Playful Paws: Training and Wellness. Classes are limited to no more than 6 dogs so that personal attention may be given to each dog-handler team. Trainer, at her discretion, may refuse entry to any dog, which is not healthy, is aggressive or does not seem suitable for the services provided.

Payment is due prior to the start of training. No refunds will be given after class has commenced.

The Trainer, at his/her sole discretion, may remove a dog from class if a hazard or threat of any nature to any other animal or person is present. No refund will be given under such circumstances.

The Client is responsible for the removal of excrement that their pet is responsible for.

Indemnified activity

The indemnified activity is any goods, services, products, information or content that is provided by Playful Paws Training upon this website or any activity that is provided as an agreed service between Playful Paws Training and a Client and any incidental activity that may arise from the agreed service whether a fee is charged for the agreed service or not.

Indemnity

I understand that training dogs is not without risk to myself, members of my family, my guests, property or my pet(s) and I expressly assume the risk of any damage or injury caused to or by my pet as a result of following the free or purchased advice, training or information of Megan Hopman or anyone associated to her or Playful Paws: Training and Wellness located on playfulpaws.com.au or given elsewhere.

You the consumer agree to indemnify Playful Paws (the indemnified party) unconditionally and irrevocably against any and all damages and losses to persons or property, and all costs and expenses which are incurred by or claimed from the indemnified party in relation to the indemnified activity or by a third party claiming against the indemnified party for an indemnified activity and hold the indemnified party harmless.

This indemnity continues until the activity creating the risk of loss comes to an end.

The indemnifier’s obligation is a primary obligation and the indemnified party is not obliged to proceed against any other person before making a demand for payment hereunder.

You the consumer agrees to photos taken during class being used by Playful Paws: Training & Wellness for promotional, social media and other purposes.

Website:

Products, images, videos, writing and any other content on this website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication of any such content or any part of the Site is prohibited.

Permission may only be granted in writing for the use of the free material available on any website run by Playful Paws: Training and Wellness (including but not limited to any video content). Contact us for details.

Puppy Kinder In the event of injury

In the unlikely event of injury to the client’s pet during training consultations, Playful Paws: Training and Wellness staff will not be held accountable or responsible. Playful Paws: Training and Wellness staff will ensure that the correct measures are taken to prevent any injury to the Client’s pet during any consultation service.

Insurance

It is the pet owner’s responsibility to ensure that adequate pet insurance is in place. Playful Paws: Training and Wellness will not be held responsible for any accident, loss or injury to the animals.

Cancellation

Upon commencement of the 6 or 12-week or ongoing puppy Kinder program, clients will agree to pay the remaining costs associated with training if needing to cancel our service. Clients will agree to an upfront payment or will pay a week in advance for the duration of the program.

Privacy Policy

We respect your privacy! We do not sell, rent or pass on any personal information about our clients to any third party. We promise that you will never receive any unwanted postal or e- mail as a result of information you have given to us, unless you sign up for it.

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, we will comply with any legislated or Court ordered disclosure of your private information.

Acceptable Collars

▪ Flat Collars (Buckle or Snap Lock variety)

▪ Martingale collar

▪ Harness 

▪ A Flat leather or cotton (no Chain) dog lead

▪ Please DO NOT have your dog on a choke chain (also called check chains), electric shock collar, citronella collar or prong collar.

Feeding your dog before its lesson

Do not feed your dog before prior to their lesson. If you feel it necessary to give your dog some food prior to our consult and give him/her no more than 1/3 of their usual meal.

How to Dress

Please wear comfortable clothes that you don’t mind getting dirty. Enclosed, non-slip footwear is necessary for safety reasons if we are working outdoors.

Children

We welcome children in our consults and encourage them to participate. We are committed to child safety around dogs and will teach your children how to safely interact with dogs. However; if your child is likely to get bored during our lesson then it is essential you have activities ready for them to keep them occupied while we talk and demonstrate exercises. We will NOT train any child at any age (even 17 years of age) if they are not willing to participate or learn. If you would like your children to participate you must also attend as well and be fully committed if you expect your them to do the same.

Exercise

You should not exhaust your dog but you may want to take him/her for a short walk or play a brief game of fetch. Please talk to your trainer about this on their arrival if you are unsure.

Late Arrivals

We do realise that we do not live in a perfect world and things do happen so please communicate with our trainers to avoid any late or forfeited lessons. Please ensure you are at home or arrive and ready for your consult at the time of your booking. If you are not home or turn up at the time your booking is supposed to begin we cannot stay longer to make up for this time. We will wait for 30 minutes before leaving – if this happens your full consult fee will be forfeited, and you will need to rebook. It is advisable to please contact us via phone call, message or SMS.

Late pick ups

Please ensure you have provided Playful Paws: Training and Wellness with details of an emergency contact. Puppy Kinder or Funday clients must be picked up by 5pm. There will be late fees if picked up after 5pm. If not picked up by 6pm, and contact cannot be made, Playful Paws: Training and Wellness reserve the right to find the dog alternative accommodation at the expense of the owner.

Bad Weather, Traffic Conditions and Trainer Illness

It is sometimes impossible to hold consults in bad weather or if traffic conditions are impossible to navigate due to an accident or weather. (We will advise you via phone, SMS or EMAIL when a consult is required to be rescheduled as early as possible before your consult. PLEASE ENSURE THAT YOU HAVE PROVIDED US WITH YOUR MOBILE TELEPHONE NUMBER.

If your trainer is seriously ill or experiences a personal emergency and is unable to attend your consult. You will be notified via phone as early as possible.

If your consult is rescheduled due to inclement weather or instructor illness/emergency, we will be in contact with you to rearrange a suitable replacement booking. It is important that you take this into account when enrolling since refunds will not be offered in this case.

Liability Disclaimer

The Client acknowledges that with any sort of dog training there may be an activity in which could cause injury to dog(s) and/or persons. This is not from what we do to your dog but what a dog’s reaction may be for example redirection towards you or another dog. You the Client will assume full financial/moral responsibility for the actions of their dog(s). The Client further acknowledges that dog(s) may be exposed to a variety of environmental conditions which include, but are not limited to, vehicular traffic, interaction with people and other animals, exposure to adverse weather, and exposure to areas with crowds and all types of traffic.

I/We Client agree that I, my/our heirs, assignee’s and legal representatives will not make claim against, sue, or attach the property of the consultant, her family, acquaintances, or any other person acting on her behalf (herein referred to as ‘Her Agents’), for injury or damage done to or by dogs(s) resulting from action or negligence, however caused, by Consultant or Her Agents. I/We Client forever release Consultant and/or Her Agents from any and all liability and demands which I/We Client, and my/our heirs, assignee’s and legal representatives may have or may hereafter have for injury or damage to or by dog(s), and assume all risks thereof.

The parties must endeavour to settle any dispute in connection with the contract by mediation. Such mediation is to be conducted by a mediator who is independent of the parties

and appointed by agreement of the parties or, failing agreement after seven days of providing a written notice to the other party, a mediator that is appointed by the Victorian Small Business Commissioner.

ACCOUNTS

1a. PAYMENT

All accounts are payable within 30 days from the date of the account.

2a. NON PAYMENT

Non payment of accounts will invoke referral to a debt collection agency and then referral to solicitors for recovery.

3a. DISPUTED ACCOUNTS

If any account is in dispute, the undisputed portion of the account shall be payable in accordance with normal terms of payment as provided in paragraph 1a hereof. Payment of the disputed portion may be withheld provided the matter is brought to Playful Paws attention immediately it is discovered and a letter of explanations setting out the particulars of the dispute is sent to playful paws within 7 days of the dispute arising. Playful Paws will undertake to resolve the dispute immediately upon receipt of such advice.

4a. INTEREST / LATE PAYMENT FEE

Failure to pay any account by the due date shall be a breach of our trading terms and Playful Paws may in respect of such account without prejudice to other rights or remedies charge penalty interest thereon at such rates as prescribed under the Penalty Interest Rates Act 1983.

5a. ACCOUNT FEES

An account fee of $6 per month will be charged on all accounts with outstanding balances over 90 days.

6a. THIRD PARTY COSTS

The customer shall pay or reimburse all costs and/or expenses incurred by Playful Paws in instructing a Solicitor and/or Debt Collection Agency to recover any amount overdue for payment and such costs and expenses shall bear interest at the rate prescribed in section 2 of the Penalty Interest Rate Act 1983 (Vic) hereof from the date upon which they are paid or incurred by Playful Paws to and including the date upon which the client shall pay or reimburse Playful Paws.