The Colorado Dog Pack’s Dog Training Agreement (“Agreement”) This Agreement is between Dog Trainer Kelsey Barner of The Colorado Dog Pack, and the undersigned and below-named Participant ("Participant"). In consideration of the mutual promises contained in this Agreement and other good and valuable considerations, The Colorado Dog Pack and Participant agree to the following terms and conditions, intending to be legally bound: Special Terms: Program (“Program”) to be provided by The Colorado Dog Pack may include some or all of the following services (“Services”): initial consultation, private sessions, day train program, group classes, virtual sessions, and pet sitting. The Program may be conducted on The Colorado Dog Pack premises, in the home of the Participant, or outside locations. Participant makes the following representations about Dog (check those that apply): I Agree Participant is the owner of Dog.I Agree Dog has been vaccinated against rabies, DHLPPC, and bordetella and the vaccinations are current.I Agree Dog is in good health.I Agree Dog is not the subject of a quarantine order at this time.I Agree Dog is not a guard dog or protection dog.I Agree Dog is licensed and the license is current, if required.
General Provisions: 1. Participant wishes to participate in the Program and has requested the Services to be provided by The Colorado Dog Pack. 2. Participant acknowledges that The Colorado Dog Pack has provided no representations, guarantees or assurances with respect to the quality or delivery of the Program. The Colorado Dog Pack does not consider dog behavior consultation services to be an exact science. Each Participant and dog combination is different and therefore, NO RESULT IS GUARANTEED OR ASSURED UNDER THIS AGREEMENT. Participant confirms that, except for that which is specifically written in this Agreement, no promises, representations, or oral understandings have been made with regard to Dog or the Services to be provided. Without limiting the generality of the foregoing, Participant acknowledges that The Colorado Dog Pack has not represented, promised, guaranteed or warranted that Dog can be trained, that Dog will never bite, that Dog will not be dangerous or vicious in the future, that Dog will not exhibit other behavioral problems. 3. The Participant also understands and agrees that in order for training have the best chance for success with Dog, Participant must follow the instructions provided by The Colorado Dog Pack, including all homework assignments and instructions regarding how to train and work with Dog at home after formal training sessions with The Colorado Dog Pack. The Participant also understands and agrees that if Participant fails to follow the instructions provided to Participant by The Colorado Dog Pack for training Dog at home, the success of Dog’s training will be affected. Also, if Participant conducts himself or herself or works with Dog in ways that are contrary to the instructions provided by The Colorado Dog Pack and in the professional opinion of The Colorado Dog Pack the conduct will jeopardize the well-being of Dog, training, or enhance the aggressive or maladaptive behaviors of Dog, The Colorado Dog Pack may terminate this Agreement without further notice and without any refund of the monies paid for Services. 4. Participant agrees to sign the Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Indemnity Agreement”) attached hereto as Exhibit A and incorporated into this Agreement by this reference. Participant acknowledges that The Colorado Dog Pack and their agents, representatives, employees, and affiliates are materially relying on Participant’s agreement to the terms and conditions of the Indemnity Agreement in allowing the Participant to participate in the Program. 5. Although The Colorado Dog Pack makes every effort to protect and health and well-being of every dog, unexpected events can occur. If Dog is injured in a dog fight or an accident, gets fleas, ticks or worms, contracts any illness or disease, is lost or stolen, during or after the term of this Agreement, on or off the site of the training, including the The Colorado Dog Pack premises, Participant accepts the risk of the same and agrees that The Colorado Dog Pack, and their agents, representatives, employees, and affiliates, shall not be held responsible for any resulting injuries, losses, damages, costs or expenses. Participant understands and agrees and hereby releases The Colorado Dog Pack, and their agents, representatives, employees, and affiliates from any and all claims, demands and actions, resulting from or related to personal injuries and/or damage to property, including injuries to dogs and/or humans, sustained while participating in activities with and involving Services, including all activities related to Services occurring off-site of The Colorado Dog Pack premises, before or after actual Services are performed. Participant further agrees to assume to cost of veterinary care provided to Dog in the event of an emergency wherein The Colorado Dog Pack, in their discretion, believes Dog needs prompt medical attention. For non-emergent medical conditions, The Colorado Dog Pack will contact participant regarding veterinary services and the appropriate course of action, as well as costs. Participant agrees to allow The Colorado Dog Pack to make medical decisions for Dog’s welfare and to indemnify and hold harmless The Colorado Dog Pack for decisions made and care rendered for Dog’s physical well-being, including but not limited to all manner of veterinary care. 6. Full payment for Services must be made at the time the reservation for Dog is made and prior to commencement of Services. If Services are canceled less than two weeks prior to commencement of Services, then the full payment amount is non-refundable. 7. Participant agrees that any images and videos of Participant or Dog taken by The Colorado Dog Pack or its agents, owners, officer, or directors, during the course of the Program and time periods associated with the Program, are and will continue to be for all time the exclusive property of The Colorado Dog Pack. Participant consents to the use of photographic images and videos of Participant and Dog by The Colorado Dog Pack for marketing, instructional purposes, and for any other purpose. 8. If any portion of this Agreement is held invalid by a court of competent jurisdiction, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 9. This Agreement is the entire Agreement between Participant and The Colorado Dog Pack. Any modification to this Agreement must be in writing, signed by both parties. This Agreement binds Participant, and Participant’s respective heirs, executors, representatives, successors and assigns. 10. I have carefully read this Agreement and fully understand its contents. I understand I have the right to consult with legal counsel prior to signing this Agreement.
PARTICIPANT AND THE COLORADO DOG PACK, BY AND THROUGH THEIR DULY AUTHORIZED SIGNATURES, DO HEREBY AGREE TO ALL TERMS AND CONDITIONS STATED IN THIS AGREEMENT.
December 29, 2024
The Colorado Dog Pack
EXHIBIT A
KELSEY BARNER AND THE COLORADO DOG PACK
WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
(Collectively referred to as “Indemnity Agreement”)
Waiver of Liability. In consideration of being permitted to participate in any way in the Program, I for myself, my heirs, personal representatives and/or assigns, do hereby release, waive, and discharge Kelsey Barner and The Colorado Dog Pack, its officers, employees, volunteers, independent contractors, agents, executors, insurers, administrators, successors and assigns (collectively the “Released Parties”), from liability from any and all claims including negligence of the Released Parties, resulting in personal injury, accidents or illnesses (including death), and/or property loss arising from, but not limited to, participation in the Program and provision of Services.
Assumption of Risks. Participation in the Program carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks include but are not limited to: o Minor injuries such as scratches, bruises, and sprains; o Major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, infections from dog bites; o Catastrophic injuries including paralysis and death; o Property risks including injury or death to your Dog or another’s dog; o Animals that can bite, trip, knock down, and fight; o Indoor and outdoor surfaces that may be slippery; o Equipment that can trip and or injure; o Guests, participants and others including Released Parties who cannot control their dogs; and/or o Activities involving Dog and/or other dogs that can result in injury from bites or other causes. I have read this “Assumption of Risks” section and I know, understand, and appreciate these and other risks are inherent in the Program. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless. I also agree to indemnify and hold the Released Parties harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of my involvement in the Program and to reimburse them for any such expenses incurred. If Dog causes property damage, or bites or injures any dog, animal or person (including but not limited to the Released Parties), during or after the term of this Agreement, on or off The Colorado Dog Pack premises, then I agree to pay all resulting losses and damages suffered or incurred by the Released Parties, and to defend and indemnify the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees. Severability. I further agree that this Indemnity Agreement is intended to be as broad and inclusive as permitted under Colorado law, and that if any portion of this Indemnity Agreement is held invalid by a court of competent jurisdiction, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Acknowledgment of Understanding. I have read this entire Indemnity Agreement, fully understand its terms and conditions, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the Indemnity Agreement freely and voluntarily, and I intend by my signature to a complete and unconditional release of all liability to the greatest extent allowable by Colorado law.
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