Terms And conditions

Effective Date April 12, 2023

These Terms and Conditions (“Terms”) govern the Services (“Services,” “Sessions,” or “Session”) to be provided to you (“Client”) by Barks to Breakthroughs, LLC (“Company”) and are incorporated into all contracts, agreements, arrangements, transactions, and dealings between the parties. By agreeing to these Terms, you consent to the following:

SCOPE OF SERVICES

🐾 The Company will provide Services as detailed on the Company website, barks-to-breakthroughs.com (“Website”), and as further agreed between the Client and the Company. Any change to the Services must be made by mutual, written agreement of the parties.

Payment

🐾 The Client agrees to pay the Company for the Services in advance and as set forth on the Website. All payments will be made at the time the Client orders the Services.

🐾 The Client understands and agrees that no refunds will be given for Services rendered.

🐾 The Client agrees to pay any and all travel charges related to the Services provided to them - at a rate of $0.50 per mile driven (to and from training locations) by the Company personnel, and/or at a rate of 100% of flight and lodging costs (to and from training locations) for the Company personnel - to be paid no later than the date the initial travel occurs and before any related Sessions or Services end. Travel charges may be paid in advance or in person via Square. The Client may use cash, debit or credit card, or Tap to Pay with contactless cards or digital wallets.

Cancellation

🐾 Any cancellation or rescheduling made by the Client must be done through the Website.

🐾 If the Client cancels a Session 24 hours or more prior to the scheduled beginning of the Session, the Session may be rescheduled at no additional cost to a different date and time, subject to availability.

🐾 If the Client cancels a Session less than 24 hours prior to the scheduled beginning of the Session, the Session will be forfeited.

🐾 If a Session (especially one of multiple in a package) has been forfeited and the Client wishes to make up the material for that Session, the Client understands they must pay for and book an additional Session at the equivalent hourly rate of the Services desired.

🐾 The Company retains the right to reschedule Sessions (at no additional cost to the Client) due to circumstances beyond the Company’s control including, but not limited to: travel delays, equipment malfunction, illness, dangerous conditions not caused by the Client or the Client’s pet(s), or weather.

🐾 The Company retains the right to cancel and/or refuse Sessions and Services without refund at their sole discretion due to reasons including, but not limited to: disruption or obstruction of the provision of services, misconduct, falsified information, harassment, intimidation, or slander by the Client.

Pet Health

🐾 The Client attests that their pet(s) is in good health and free of fleas, parasites, and infectious illnesses and/or diseases.

🐾 When required, the Client attests that their pet(s) is up to date on current vaccinations* appropriate for the pet’s age (*vaccinations may include: distemper, adenovirus [hepatitis], parainfluenza, parvovirus, rabies, and bordatella).

🐾 The Client understands that they may be required to provide proof of such vaccinations prior to provision of Services.

Client Health

🐾 The Client attests that at the time of any scheduled Sessions, they and anyone in their household will be in good health and free of any communicable illnesses including but not limited to: common colds, the flu, various infections such as strep, or COVID-19.

🐾 If by 3 days prior to any scheduled Services the Client or anyone in their household is not in good health as described above, the Client agrees to reschedule their Services until such time that they are in good health as described above.

in-Home Training Access

🐾 In the event Services include in-home training, the Client agrees to grant the Company personnel reasonable access to their property for provision of the Services.

🐾 The Client guarantees that their property will be free of unusual or unexpected hazards and that they will take all actions necessary to ensure safe and secure access to the property by the Company personnel.

🐾 The Client agrees not to obstruct or inhibit the Company’s provision of the Services and to keep the area used for training clear of distractions (including but not limited to: children, other pets, televisions, or non-training related conversation) as reasonably requested by the Company personnel.

Online Training

🐾 The Company may provide Services, and/or introductory Sessions, via video over the Internet provided by third party services. The Client acknowledges and agrees that the Company does not control these third party services and that the Client consents to the Terms of Service and Privacy Policy of such third party services.

🐾 The Company cannot and does not guarantee the security of personally identifiable information provided to or through the third party service.

🐾 The Company is not responsible for any technical, hardware, software, or equipment malfunction, nor any occurrence beyond the Company’s reasonable control in connection with any online training, and the Client hereby releases the Company of any liability thereof.

Social Media

🐾 The Client understands and agrees that images or video recordings may be captured during the provision of Services.. The Client grants the Company the right to use and publish any and all images and videos captured during the provision of the Services, in any media, currently known or unknown, in connection with the Company marketing and to promote the Company or its Services.

Safety

🐾 The client understands and agrees to any measures, such as leashes, muzzles, prong collars, e-collars, etc., that the Company may require in relation to the Services for the protection and safety of Company personnel, the Client, the Client’s pet(s), and/or any other people or animals present.

🐾 The Company in its sole discretion retains the right to decline to provide the Services if the Company deems conditions to be dangerous, or if conditions may cause disruption or disturbances, endanger life, cause bodily injury, or in any way affect the safety and security of Company personnel, the Client, the Client’s pet(s), and/or any other people or animals present.

🐾 In the event that the Company is ready, willing, and able to provide Services and cancellation is necessitated due to a dangerous condition caused by the Client or the Client’s pet(s), the Company will retain all costs paid by the Client for the Services.

Compliance with Company Rules

🐾 The Client agrees to comply with all rules and policies set forth by Company related to the Services at all times. The Client understands and agrees that these rules and policies are for the protection and safety of Company personnel, the Client, the Client’s pet(s), and/or any other people or animals present.

🐾 The Company reserves the right, but assumes no duty or obligation, to cancel the Services or eject any person from a Session if the Company believes, in its sole judgment, that a person is violating Company rules and policies or creating an unsafe situation.

Indemnification

🐾 The Client hereby indemnifies, defends, saves, and holds harmless the Company, its owners, managers, officers, directors, agents, employees, independent contractors, successors, and assigns (collectively, the “Company Parties”), from and against any and all losses, claims, demands, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and costs, related to the Services or these Terms and the breach thereof, other than due to the gross negligence or intentional misconduct of Company.

LIABILITY

🐾 The Company Parties shall have no liability to the Client or any third party for any financial loss or loss of profit, property damages or losses, and personal loss or injury.

🐾 The Company Parties shall have no liability to the Client or any third party for any illness or injury their pet(s) may contract from a public setting.

🐾 The Client maintains responsibility for their pets at all times and are advised to ensure they have adequate pet, household, and/or liability insurance coverage in the unlikely event of damage or injury caused by their pet(s) to Company personnel, property, or third parties.

🐾 The Company Parties shall have no liability to the Client or any third party for any indirect, special, consequential, exemplary, or incidental damages related to the Services.

🐾 In no event will the Company Parties be liable for any amount in excess of the amount paid to the Company.

Waiver

🐾 The Client, on behalf of themselves, their family, heirs, executors, administrators, and assigns, hereby forever and unconditionally release the Company Parties from any and all claims, actions, losses, liabilities, costs, and expenses in any way arising out of, related to, or resulting from the Services, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss, or damage to the Client, their pet(s), or to anyone else, or to any property, regardless of whether or not such injury, loss, or damage was caused by the act, omission, or negligence of the Company Parties.

🐾The Client is at all times responsible and liable for the actions of their pet(s). The Client is responsible for any damage their pet(s) may cause through malicious, aggressive, or improper behavior during or after the provision of Services. The Client understands and agrees that if their pet(s) causes property damage, or bites or injures any dog, animal, or person (including but not limited to Company personnel), the Client will be responsible for all resulting losses and damages suffered or incurred, and the Client will defend and indemnify the Company Parties from any resulting claims, demands, losses, suits, costs, and expenses (including attorney’s fees).

Disclaimer

🐾 The Services are provided “as is,” without warranty of any kind. The Company hereby disclaims all warranties with respect to the Services, express, implied, or statutory, including but not limited to the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, and accuracy.

🐾 The Company makes no warranty or guarantee as to the effectiveness of the Services for their intended purposes. The Client acknowledges and agrees that the Services may not provide exact results and that failure to follow the Company’s professional advice may result in an escalation of behavior and/or training issues with the Client’s pet(s).

🐾 The disclaimers set forth in these Terms supersede any and all oral or written statements, promises, information, advice, suggestions, demonstrations, or recommendations given by the Company, its representatives, agents, or employees. No statements that are not set forth expressly and specifically in these Terms will create a warranty or in any way increase the scope of these Terms and the Client may not rely on any such information, advice, suggestions, or recommendations.

Force Majeure

🐾 The Company will not be liable for any failure to meet its obligations or performance in relation to the Services if such failure to perform is the result of any Force Majeure event, including but not limited to: natural disaster, riot, war, civil unrest, weather, restraint by any legislative body or regulatory agency, mechanical, electrical, or communications failure, or other unexpected event beyond the Company’s reasonable control.

🐾 Any Force Majeure event which delays the Company’s performance of the Services will result in a corresponding delay in the Company’s obligation to perform. If the Services are delayed for such a period of time so as to render performance unreasonable or unnecessary, the Company retains the right to terminate and cancel the Services.

No Third Party Beneficiaries

🐾 The terms, representations, warranties, and agreements of the parties set forth in these Terms are not intended for, nor will they be for the benefit of or enforceable by, any person or entity that is not a party to these Terms.

Independent Contractor

🐾 The Company is at all times an independent contractor for the Client. Nothing in these Terms constitutes either party as the agent, partner, or employee of the other. Nothing in these Terms will restrict the Company from performing any other work for any third party.

Representations and Warranties

🐾 Agreement to these Terms, and binding legal obligations consistent with all the terms and conditions herein, is signified by clicking to agree on the Company’s Website. The Client hereby represents and warrants that they possess all rights necessary to agree to these Terms including, without limitation, all rights to engage the Company to perform the Services.

🐾 The Company hereby represents and warrants that the Company possesses all rights necessary to adopt and be bound by these Terms.

GOVERNING LAW

🐾 The preceding Terms constitute the entire agreement between the Client and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, oral or in writing, express or implied, between the Client and the Company regarding said subject matter.

🐾 These Terms will be governed by the laws of the State of Utah, and the parties submit to the exclusive jurisdiction of Utah County courts.

🐾 No term or provision hereof will be deemed waived unless such waiver is in writing signed and dated by the Company. If any portion of these Terms is deemed legally invalid or unenforceable, that portion will be severed, and the rest of these Terms will remain in full force and effect.

🐾 The Client may not assign any of these Terms. The Company in its sole discretion may assign all or any portion of these Terms. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by the Company.