Terms & Conditions 

1. Scope of Services. Company will furnish the services (“Services”) as detailed on the Company website (“Website”) and as further agreed between you and Company. Any change to the Services must be made by mutual, written agreement of the parties. Prior to the provision of Services you may be required to complete a pet behavior questionnaire found here.

2. Payment. You agree to pay Company for the Services in advance and as set forth on the Website. All payments will be made at the time you order the Services. If you fail to make all payments due prior to the scheduled beginning of the Services, outstanding amounts will be subject to late fees and interest as allowed by law. Any failure to make timely payment in full will be a breach of these Terms giving Company the right to suspend or cancel all Services and take any other commercially reasonable action. No refunds will be given for Services rendered.

3. Cancellation. Any cancellation or rescheduling made by you must be done through the Website or Company mobile application. If you cancel the Services 24 hours or more prior to the scheduled beginning of the Services, the Services may be rescheduled to a mutually agreed upon date and time. If you cancel the Services less than 24 hours prior to the scheduled beginning of the Services, that scheduled session will be forfeited. If you cancel or reschedule a session three times, that session will be forfeited. If you pay for but fail to complete a session within six months following payment, that session will be forfeited. Company retains the right to reschedule due to circumstances beyond Company’s control including, but not limited to, travel delays, equipment malfunction, illness, and weather.

4. Pet Health. You warrant that your pet is physically fit and in good health, and free of fleas, parasites, and infectious diseases. You certify that your pet is up to date on current vaccinations appropriate for your pet’s age. Vaccinations may include: rabies, distemper, parvovirus, and parainfluenza. You may be required to provide proof of such vaccinations prior to provision of the Services.

5. At-Home Training Access. In the event the Services include at-home training, you agree to grant Company reasonable access to your property for provision of the Services. You guarantee that your property will be free of unusual or unexpected hazards and that you will take all actions necessary to ensure safe and secure access to the property by Company and its personnel. You agree not to obstruct or inhibit Company’s performance of the Services and to keep the area clear of distractions (such as children or other pets) as reasonably requested by Company personnel.

6. Online Training. Company may provide Services, and/or introductory sessions, via video over the Internet provided by third party services. You acknowledge and agree that Company does not control these third party services and that you consent to the Terms of Service and Privacy Policy of such third party services. Company cannot and does not guarantee the security of personally identifiable information provided to or through the third party service. Company is not responsible for any technical, hardware, software, or equipment malfunction, nor any occurrence beyond Company’s reasonable control, in connection with the online training, and you hereby release Company of any liability therefor.

7. Trustworthy Recalls Online Course. Upon the purchase of the Trustworthy Recalls Online Course (“Course”) Company grants you the perpetual, non-exclusive, non-transferable license to utilize the Course solely for your personal and non-commercial use. The Course and all its associated materials are the solely-owned or legally licensed property of Company. The Course is licensed, not sold, to you pursuant to these Terms. The fee paid for access to and use of the Course constitutes a license fee for its use. Company does not sell any title, ownership right, or interest in or to the Course. Company reserves and retains all right, title, and interest in, to, and associated with the Course.

8. Client Behavior. You agree to respect both the time and expertise of Company personnel. Company reserves the right to cancel any session, or the Services in their entirety, with no refund, in its sole discretion, in the event you are disruptive or obstructive to the provision of Services or if you harass or intimidate Company personnel in any way.

9. Safety. You acknowledge and agree that Company may require certain measures, such as leashes, muzzles, or physical barriers in connection with the Services for the protection and safety of Company personnel and your pet. Company reserves the right to decline to provide the Services if, in its sole discretion, Company deems conditions to be dangerous or may cause disruption or disturbances, endanger life, cause bodily injury, or in any way affect the safety and security of Company’s personnel, you, or your pet. In the event that the Services are cancelled due to a dangerous condition and Company was ready, willing, and able to perform the Services, Company will be paid in full.

10. Compliance with Company Rules. You agree to at all times comply with all rules and policies set forth by Company as they pertain to the Services. You acknowledge and agree that these rules and policies are for the protection and safety of you, Company personnel, and your pet. Company reserves the right, but assumes no duty or obligation, to cancel the Services or eject any person from a session if Company believes, in its sole judgment, that person is violating Company rules and policies or creating an unsafe situation.

11. Indemnification. You hereby indemnify, defend, save, and hold harmless 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.

12. Disclaimer.

    1. The Services are provided “as is,” without warranty of any kind. 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.

    2. Company makes no warranty or guarantee as to the effectiveness of the Services for their intended purposes. You acknowledge that the Services may not provide exact results and that failure to follow Company’s professional advice may result in an escalation of behavior and training issues with your pet.

    3. The disclaimers set forth in these Terms supersede any and all oral or written statements, promises, information, advice, suggestions, demonstrations, or recommendations given by 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 you may not rely on any such information, advice, suggestions, or recommendations.

13. Limited Liability. The Company Parties will not be liable to you or any third party for any indirect, special, consequential, exemplary, or incidental damages related to the Services. Regardless of the foregoing, in no event will Company be liable for any amount in excess of the amount paid to Company under this Agreement.

14. Waiver. You, on behalf of yourself, your 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 you, your pet, 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. You are at all times responsible and liable for the actions of your pet. You are responsible for any damage your pet may cause through malicious, aggressive, or improper behavior during or after the provision of the Services. You acknowledge and agree that if your pet causes property damage, or bites or injures any dog, animal, or person (including but not limited to Company personnel), you will be responsible for all resulting losses and damages suffered or incurred, and you will defend and indemnify Company Parties from any resulting claims, demands, losses, suits, costs, and expenses (including attorney’s fees).

15. Social Media. You acknowledge and understand that images or video recordings may be captured during the provision of Services and you grant 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 Company marketing and to promote the Services.

16. COVID-19. You acknowledge and agree that the novel coronavirus, COVID-19, is extremely contagious and is believed to spread from person-to-person contact. You further acknowledge that your participation in the Services could increase your risk of contracting COVID-19. You voluntarily assume the risk that you may be exposed to or infected by COVID-19 by participating in the Services and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID- 19 in connection with the Services may result from the acts, omissions, or negligence of yourself and others including, but not limited to, the Company Parties. You release, covenant not to sue, discharge, and hold harmless the Company Parties of and from all liabilities, claims, actions, damages, costs, and expenses of any kind arising out of or related thereto.

17. 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 Company’s Website. You hereby represent and warrant that you possess all rights necessary to agree to these Terms including, without limitation, all rights to engage Company to perform the Services. Company hereby represents and warrants that Company possesses all rights necessary to adopt and be bound by these Terms.

18. Force Majeure. Company will not be liable for any failure to meet its obligations or performance in connection with the Services if such failure to perform is the result of any act of God, riot, war, civil unrest, earthquake, weather, restraint by any legislative body or regulatory agency, mechanical, electrical, or communications failure, or other unexpected event beyond Company’s reasonable control (each a “Force Majeure Event”). Any Force Majeure Event which delays Company’s performance of the Services will result in a corresponding delay in Company’s obligation to perform. If the Services are delayed for such a period of time so as to render performance unreasonable or unnecessary, Company retains the right to terminate and cancel the Services.

19. 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.

20. Independent Contractor. Company is at all times an independent contractor hereunder. Nothing in these Terms constitutes either party as the agent, partner, or employee of the other. Nothing in these Terms will restrict Company from performing any other work for any third party. Company will be responsible for paying any taxes and/or withholdings with respect to Company’s compensation hereunder.

21. Miscellaneous. These Terms constitute the entire agreement between you and 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 you and Company regarding said subject matter. These Terms will be governed by the laws of the State of Colorado and the parties submit to the exclusive jurisdiction of the courts in Denver, Colorado. No term or provision hereof will be deemed waived unless such waiver is in writing signed and dated by the party claimed to have waived. 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. You may not assign any of these Terms. Company may assign all or any portion of these Terms in its sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by Company.