Please Complete Your Contract

SERVICES AGREEMENT FOR SEPARATION ANXIETY TRAINING PACKAGES


THIS DOCUMENT CONTAINS A WAIVER OF LIABILITY AND RELEASE OF CLAIMS. BY AGREEING TO THE TERMS OF THIS DOCUMENT DURING THE REGISTRATION PROCESS, YOU AGREE TO GIVE UP CERTAIN LEGAL RIGHTS. PLEASE CAREFULLY READ THIS ENTIRE DOCUMENT.


In consideration for utilizing the services of All Ears Dog Training and Behavior LLC, a Massachusetts limited liability company ("All Ears"), you agree to all of the following terms in relation to the dog you identified during the registration process (the "Dog"). By accepting these terms during the registration process, YOU AGREE THAT YOU ARE KNOWINGLY AND VOLUNTARILY ENTERING INTO A VALID AGREEMENT with All Ears, and you intend and agree to be bound by all of these terms.


  1. SERVICES


All Ears agrees to provide the following private separation anxiety training services to you remotely, on dates and at times agreed upon by you and All Ears. 


The services begin with either a 4-week or 8-week separation anxiety training package (each, a "Training Package"). A Training Package comprises:


  • Initial Assessment. The initial Training Package begins with a 90-minute video consultation and live assessment of the Dog's behavior during a practice absence (the "Initial Assessment").

  • Missions. All Ears will provide 4 training assignments per week for you to complete independently with the Dog (each, a "Mission"). You are responsible for completing each Mission as assigned, without modification, and for providing progress notes to All Ears promptly thereafter via a shared spreadsheet assigned to you. All Ears will design each Mission based on your progress notes for the previous day's Mission.

  • Weekly Re-Assessments. After you complete the assigned Missions each week, you and All Ears will meet remotely by video conference once per week for approximately 60 minutes to conduct a live training assignment and re-assessment of the Dog's behavior during a practice absence (each, a "Re-Assessment").

  • Training Period. The Training Package time period begins on the date of the first Mission, continues for 4 or 8 consecutive weeks, as elected, and ends on the date of the last Re-Assessment (the "Training Period").


At the conclusion of the last Re-Assessment of a Training Package, or up to 7 days after, you may elect a subsequent 4-week or 8-week Training Package, which comprises the same services as the initial Training Package, except for the Initial Assessment. The Training Period will extend to end on the date of the last Re-Assessment of the subsequent Training Package elected.


  1. FEES


You agree to pay All Ears the following fees for any service that you elect.


$950 for each 4-week Training Package

$1,750 for each 8-week Training Package


Payment is due in advance at the time of booking any service. Fees are subject to change without notice at any time prior to purchase. Current fees are described on All Ears's website. All purchases are non-refundable and non-transferable.


  1. RESCHEDULING


You may reschedule the Initial Assessment by notifying All Ears at least 48 hours before the date and time of the scheduled appointment. If you notify All Ears with less than 48 hours advance notice, or are not present at the scheduled time, the Initial Assessment or coaching session is deemed to be forfeited and is not refundable.


You may reschedule no more than one Re-Assessment during a Training Package by notifying All Ears at least 48 hours before the date and time of the scheduled appointment. Due to the structured weekly nature of a Training Package, dates and times for reschedules must be within the relevant weekly timeframe and are subject to limited availability, to be determined by All Ears in its sole discretion. If you notify All Ears with less than 48 hours advance notice, or do not accept the reschedule availability offered by All Ears, or if you or the Dog is not present at the time of the scheduled appointment, the Re-Assessment is deemed to be forfeited. A forfeited Re-Assessment may also result in forfeited Missions for the week. Any forfeited Re-Assessments or Missions are non-refundable and non-transferable.


  1. CLIENT'S REPRESENTATIONS


You represent and affirm that:


  • You are at least 18 years old and competent to agree to be bound by the terms of this agreement.

  • You are the lawful owner of the Dog, or a custodian otherwise responsible for the Dog's care.

  • The Dog is under the care of a licensed veterinarian and has had a wellness exam within the last 12 months.

  • The Dog is in good health and in a physical condition acceptable to you for the purposes of participating in the training exercises.

  • All of the information you provided to All Ears during the intake and registration process concerning the Dog, you, and your household, is true, complete, and correct in all respects. 


  1. SUSPENDING ABSENCES


You understand, acknowledge, and agree that the goal of separation anxiety training is for the Dog to learn that being alone is safe, and that never leaving the Dog alone, except as specifically directed by All Ears, is a critical component of separation anxiety training with All Ears. You agree not to leave the Dog alone at any time during the Training Period, except as specifically directed by All Ears for the purpose of completing a Mission or Re-Assessment, without modification.


You understand, acknowledge, and agree that All Ears may terminate any Training Package in accordance with Section 8 if it determines, in its sole discretion, that you or a member of your household is not in compliance with the foregoing. 


  1. EQUIPMENT & TECHNIQUES


You understand, acknowledge, and agree that adhering to humane, science-based behavior modification principles is a critical component of separation anxiety training with All Ears, the goal of which is for the Dog to learn that being alone is safe. You agree not to use any equipment or techniques that rely on fear, pain, force, or intimidation during the Initial Assessment, any Mission, any Re-Assessment, or while performing any other separation anxiety training during the Training Period, including, but not limited to, anti-bark collars, citronella collars, spray collars, shock collars, electronic or "e" collars, vibration collars, beep collars, scat mats, shake cans, choke collars, prong or pinch collars, hitting, striking, shoving, pinning, kicking, leash-jerking, spraying, and shouting.


You understand, acknowledge, and agree that All Ears may terminate any Training Package in accordance with Section 8 if it determines, in its sole discretion, that you or a member of your household is not in compliance with the foregoing.


  1.  REMOTE TRAINING


To utilize All Ears's remote separation anxiety training services, you understand that you will need a computer or mobile device with internet access, camera, and microphone to join private video conferencing meetings with All Ears and to allow All Ears to view and hear the Dog during the Initial Assessment and Re-Assessments. You acknowledge and agree that you are solely responsible for obtaining the necessary equipment, ensuring viable internet connectivity, and familiarizing yourself with the equipment and software prior to the Initial Assessment.


  1. EARLY TERMINATION OF A TRAINING PACKAGE


Effective immediately upon written notice to All Ears, you may terminate any Training Package prior to the end of the Training Period for any reason, without any refund.


Effective immediately upon written notice to you, All Ears may terminate any Training Package prior to the end of the Training Period if it determines, in its sole discretion, that you or a member of your household is not in compliance with Section 5 or Section 6 of this agreement, without any refund.


  1. NO GUARANTEE OF RESULTS


You understand and acknowledge that separation anxiety training requires a significant commitment on your part, and that active commitment by you and all members of your household, throughout the Training Period and during the entire course of the Dog's life, is critical to progress. All Ears will make every reasonable effort to help you achieve your training goals for the Dog. You understand and agree, however, that All Ears makes NO GUARANTEE, PROMISE, OR REPRESENTATION, express or implied, about the Dog's behavior or that your desired results will be achieved. You agree that all fees paid to All Ears are fully-earned and non-refundable, and are in no respects contingent on your level of satisfaction with the results.


  1. PHOTO & VIDEO RELEASE


In consideration for utilizing All Ears's separation anxiety training services, you grant All Ears permission to RECORD, FILM, PHOTOGRAPH or otherwise capture in any media images of your Dog and home during the Initial Assessment or any Re-Assessment, and to edit, publish, distribute, store electronically, and make use of such recordings or photographs for any lawful purpose, including, for example, website content, social media, printed materials, marketing, and advertising. You agree that you will make no monetary, ownership, use, or other claim against All Ears for the use of images of your Dog and home in such recordings and/or photographs. 


  1. LIABILITY WAIVER & INDEMNIFICATION


You recognize that there are inherent risks associated with dogs and dog training that may result in injury or damage to the Dog, you, another person (including a minor child), another animal, or other property. Examples may include, but are not limited to, lacerations, scratches, tooth and gum injuries, musculoskeletal injuries, bites, punctures, soiling, vomiting, diarrhea, ingestion of food or non-food items, and damage to furniture, household items, automobile interiors, electronic devices, windows, doors, walls, flooring, and baseboards. Due to the unpredictable nature of dogs and dog behavior, you understand that these risks are attendant to dog training and interacting with dogs, and cannot be eliminated. You understand that All Ears cannot protect you, the Dog, or any other person or animal, against the risk of potential bodily injury, death, or property damage while utilizing All Ears's dog training services or participating in related activities. You acknowledge that these services are of such value to you that you VOLUNTARILY AND KNOWINGLY ACCEPT AND ASSUME THE ENTIRE RISK associated with utilizing All Ears's dog training services.


In consideration for utilizing All Ears's dog training services, you, on behalf of yourself, your heirs, spouse, next of kin, executors, personal representatives, successors and assigns, irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE All Ears and all of All Ears's members, employees, agents, and representatives from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the services provided by All Ears or the Dog's behavior, including any resulting from the negligent acts or omissions by All Ears or any of All Ears's members, employees, agents, or representatives. This paragraph does not extend to claims for gross negligence, reckless conduct, or any other liabilities that Massachusetts law does not permit to be released by agreement.


You further agree to HOLD HARMLESS, INDEMNIFY, AND DEFEND All Ears and all of All Ears's members, employees, agents, and representatives from any and all claims, actions, causes of action, suits, demands, damages, losses, obligations, settlements, judgments, fees, costs (including attorney’s fees and costs), and liabilities of any nature, arising out of or related to the services provided by All Ears or the Dog's behavior, including any resulting from the negligent acts or omissions by All Ears or any of All Ears's members, employees, agents, or representatives, and including claims made by you, members of your family, any other person living in your home, your guests, any person present for or participating in dog training activities, or any third party.


  1. MISCELLANEOUS


Section headings are for reference purposes only and will not affect the meaning or interpretation of this agreement. References to "the Dog" or "your dog" in the singular also include the plural where the dog training services being rendered are in relation to more than one dog.


If any provision in this agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby. 


This agreement is governed by the laws of the Commonwealth of Massachusetts. You agree that the exclusive jurisdiction and venue for any litigation, action or proceeding arising from or relating to this agreement will be in the state courts located in Plymouth County, Massachusetts or the federal courts located in Boston, Massachusetts. You expressly waive any right to contest personal jurisdiction, venue, or inconvenient forum for any reason whatsoever.


Clear