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TERMS OF SERVICE

PART 1: SPECIFICALLY ABOUT THE WEBSITE TERMS

1. ACCEPTANCE OF TERMS OF SERVICE

These Terms of Service apply when you use or browse this website, coachyourdog.com, (“Site”) owned and operated by Dog Coach LLC, a Massachusetts limited liability company (“Dog Coach,” “Company,” “We,” or “Us”).

By using or browsing the Site or accessing any information while using or browsing the Site, you (“Client”, “Prospective Client”, “User”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated into these Terms of Service by reference, and all applicable laws and regulations.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICE.

YOU FURTHER AGREE THAT BY USING THIS SITE, YOU ARE AT LEAST 18 YEARS OLD, OR, IF LESS THAN 18 YEARS OLD, THAT YOU HAVE THE CONSENT OF A PARENT OR GUARDIAN TO USE THIS SITE, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Site.

2. PRIVACY AND ELECTRONIC

To understand our practices, please review our Privacy Policy, which also governs your use of this Site. When you visit this Site, submit contact via Site, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. CHANGES TO TERMS OF SERVICE.

Dog Coach may change these Terms of Service at any time and without any notice to you, so we suggest that you periodically visit this page to review these Terms and Conditions. All changes are effective immediately when we post them. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.

4. INTELLECTUAL PROPERTY RIGHTS.

All contents of Site or Service are copyright © 2024 Dog Coach LLC. All rights reserved. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  1. You may download and save for personal use a copy of your answers to any form submitted to us for consideration;
  2. You may save, store, and print any blog post or article for personal use only;
  3. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  4. You may store files that are automatically cached by your Web browser for display enhancement purposes; and
  5. If we provide links to Sites or applications owned or operated by a third party (for example, to our social media accounts), you may take such actions as are enabled by such features.

You may not:

  1. Modify copies of any materials from this site;
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or
  4. Except with our prior written consent, access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

5. DISCLAIMER OF LIABILITY.

Dog Coach does not make any representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, we and our dealers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this Site, its servers, or email sent from us, our dealers, or affiliates is free of viruses or other harmful components. We, our dealers, and affiliates will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

PART 2: MORE BROADLY RELATING TO DOG COACH AS A BUSINESS

6. OUR SERVICES.

Dog Coach offers safe, humane, and effective dog training, behavior modification, instruction, and advice. By agreeing to these Terms of Service you understand that Dog Coach is not responsible for any unforeseen circumstances, injury, or death resulting from the advice or training provided on this Site, by phone, in person, or via electronic communication. We provide counsel to you trusting your sound judgment and ability. When offered, our professional advice will communicate our recommendations and concerns for any limitations you, your dog, or your family present to train, care for, or manage your dog or dogs.

We reserve the right to refuse service to you and your dog on the basis that your dog requires services we do not provide or that we feel you, your family, and or your household are not able to meet the requirements of our training program. This judgment is based on the information you provide to us via electronic communication, long and or short website contact forms, any training session(s), and or our informational, no-obligation telephone call, and any decision rests in the sole judgment of the Company.

Our program sessions with you are an ongoing assessment of your training status and potential success. We reserve the right to communicate opinions such as if your dog should be rehomed, returned, or otherwise contained or conducted in a way other than how you assert to be doing for your safety, those around you, our employees, and the general public. These professional comments and opinions are made in the best interest of both canine and human well-being.

7. PRICING, BILLING, AND PAYMENT.

Dog Coach uses third-party payment service(s), including Quickbooks Online (a “Payment Service”) to facilitate orders and payments made by users. These payment services are made available via the Quickbooks website, owned and operated by third-party Payment Services, not Us. Credit card data is not retained by Dog Coach nor are we liable for any data breach based on any third-party Payment Service.

Dog Coach reserves the right to revise prices at any time before accepting payment for services. Payment for our services is due in full prior to scheduling program sessions and before the start of training.

REFUNDS

Any Puppy or Dog Training Program refunds that are granted will be prior to the third session of any five-session program, less the amount for the two sessions completed. Beyond the second program session, no refund is available. For three-session programs, a refund is available for the first session. Any other refund granted would be an exception to our stated policy. No credits are offered for any cancellations.

All equipment, e.g. leashes, prong collars, and remote collars, are final sale. No refunds will be given for any equipment after the first session of any program.

Refunds for multiple Overnight Trainings are given, minus a $100 reservation deposit, for cancellations received with two weeks’ notice prior to a scheduled drop off. For cancellations received between two weeks and 24 hours prior to a scheduled drop off, a 50% refund of the received prepayment will be given (minimum of $100 reservation deposit.) For cancellations within 24 hours of a scheduled drop-off time, a 25% refund will be given (minimum of $100 reservation deposit.)

No cancellation refunds are given for a single night of Overnight Training or any Day Training reservation but must be rescheduled at the time of cancellation. Any other refunds granted would be exceptions to our stated policy.

CANCELLATION AND SCHEDULING

Timeliness is important to the continuity of the dog training program. Your commitment to the scheduled training dates reserves those times and precludes our booking for other clients. All five sessions are to be completed within seven weeks of the first session. For the three-session Team Puppy program, four weeks are allowed for the sessions. Any other scheduling accommodations would be exceptions to our stated policy. Other three-session Advanced Programs such as Best Neighborhood Dog and Advanced Remote Collar Training are to be completed within six weeks of the first session, per trainer’s discretion.

Cancellation or rescheduling of a session should be done as soon as possible by notifying us via email or phone.

If the ten-week period of training has been reached and training sessions remain, the remaining sessions are forfeited without refund unless special agreement has been arranged. Family illness, prearranged travel plans, or dog illness are generally accommodated in the training schedule provided there is reasonable communication.

8. DIFFERENCES OF NEEDS AND ABILITIES.

Dog Coach strives to make our services accessible to everyone. While our facility and our website are in line with ADA standards, our dog training is contingent upon the owner and handler performing all necessary tasks and acts, which may deem Dog Coach the incompatible dog training arrangement for specific families and individuals. We recognize the inherent challenges of certain situations and may recommend an alternate style of training at another facility.

9. DISCLAIMER OF LIABILITY: EQUIPMENT.

All products are sold “as is.” Client or Prospective Client acknowledges that the Products sold and recommended by Dog Coach herein can be improperly used. You acknowledge that you must contact the original manufacturer to obtain up-to-date instructions and operation manuals and other information to ensure the safe operation of the Products. We will not be responsible for any loss or injury to any human or canine resulting from improper use, defects, or alleged defects in the Products sold or from the subsequent use of the items.

10. CANINE HEALTH

We are not certified veterinarians. Nothing in the Site or the advice given verbally or written from Dog Coach should be considered, or used as a substitute for medical advice, diagnosis, or treatment. All content provided is for informational purposes only. It is not a substitute for advice from your veterinarian. You understand that the decisions you make regarding your dog’s health are your responsibility and that we are not responsible for any consequences of your decisions, medical or otherwise.

You certify to the best of your knowledge that your dog is healthy before bringing your dog to Dog Coach for any form of training. You will make Dog Coach aware of any health concerns prior to arrival and we will make reasonable accommodations based on the health and medical information provided for your dog. Law does not require us to collect rabies vaccination certificates for dogs present with their owners. However, the law does require you as a dog owner to carry rabies certification on your person at all times. Dogs present for Day and Overnight Training are required by law to have an up-to-date rabies vaccination certificate on file at Dog Coach. It is your responsibility to provide the most up-to-date certificate at the time of booking.

In the event that your dog displays symptoms of or has received veterinary care for any highly contagious diseases including but not limited to giardia, kennel cough, canine distemper, canine influenza, canine parvovirus, parasites, leptospirosis, or otherwise it is your responsibility to notify Dog Coach prior to your arrival on the premise at 9 Hull Street. To guard against such illnesses at our facility, we may require your training be rescheduled until you have proof from a board-certified veterinarian that your dog has a clean bill of health.

11. INDEMNITY.

You agree to indemnify Dog Coach for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the Site, including your negligent use of the Site; your violation of these Terms of Service; your violation of the representations, warranties, or covenants set forth in these Terms of Service (including but not limited to those related to compliance with health and safety regulations); any misrepresentations, defective products, or breach of any warranties or agreements made by you in connection with your use of the Site; or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Dog Coach makes no guarantee of dog training services as the results of our training methods are a direct result of Client’s commitment to regular and consistent practice. Company is not responsible for any harm including bites caused by a dog that has been, is currently, or will be in training with Dog Coach. Client recognizes and assumes the inherent risk of dog ownership, whether or not the dog has exhibited aggressive behaviors in the past. Company is not responsible for bites including but not limited to the risk of bites to the client, household members, visitors, strangers, the general public, and or other animals and any and all damage to property. The client is responsible for, but not limited to, any of the above-cited risks. The client therefore indemnifies and holds harmless Dog Coach LLC against all liabilities, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out our the client’s engagement with the Company and services provided by the Company.

Client is responsible for any and all actions of their dog(s) at all times, on location at Dog Coach at 9 Hull Street in Wenham Massachusetts and otherwise, and hereby indemnifies Company from any and all claims of injury, expense, costs or damages caused by the actions of the dog(s) and or other pets while under the instruction or control of Company or while under the Client’s care regardless of whether or not the client is following the instructions provided by Dog Coach LLC.

12. BINDING ARBITRATION; CLASS ACTION WAIVER.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at Dog Coach LLC attn: Legal, 9 Hull Street Wenham, Massachusetts 01984-1806 USA and info@coachyourdog.com and provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or binding arbitration submitted to the American Arbitration Association in Boston, Massachusetts.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts.  Any action brought to interpret and/or enforce this Agreement shall be tried in courts located in Essex County, Massachusetts and all claims to improper venue, failure to obtain personal jurisdiction and forum non convenes are waived.

13. ENTIRE AGREEMENT.

These Terms of Service, and all agreements incorporated by reference, constitute the final, complete, and exclusive statement of the terms of the agreement between you and the Company pertaining to the subject matter of these Terms of Service, and supersedes all other prior or contemporaneous oral or written understandings and agreements between you and the Company.

14. ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.