These Terms and Conditions are current as of 3/06/2021. Previous iterations of Terms and Conditions may be made available upon request.

 

1. Definitions
 

For the purpose of these Terms and Conditions, the following words are understood to mean the following, both in single and plural form:

• “Affiliate” shall refer to any company or sole trader who is bound by any Agreement to Vendor regarding Vendor’s Services

• "Agreement” shall refer to these Terms and Conditions

• “Client” shall refer to any individual person who engages Vendor’s services

• “Consultation” - see “Session”

• “Dog” shall refer to any canine companion owned by or the responsibility of Client

• “Intensive” shall refer to both a single Session and a Package of Sessions of the Service as described in the Service Handbook (annex 1)

• “LIMA” is an acronym, the full form of which is “Least Intrusive, Minimally Aversive”. The Vendor bound by this Agreement is a LIMA Training Service Provider.

• “Package” shall refer to a collection of more than one Session of a Service which is paid for in advance.

• “Reasonably Practicable” shall refer to the term as described in detail in the Work Health and Safety Act (2012).

• “Service” shall refer to any service on Vendor’s or Affiliate’s website that is provided by Vendor

• “Session” shall refer to a single iteration of Vendor’s Services when booked by Client

• “Vendor” shall refer to Bow Tie Dog Training, the Service provider
   

2. Introduction

2.1. Agreement Information

This Agreement shall apply to any and all Services provided by Vendor to Client. All clauses of this Agreement operate independently of the others, and are separate in their own right. Should Vendor decide to waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Vendor to waive the same clause on any other occasion.

When a Client books a Service with Vendor, Client must agree to the terms within this Agreement. If a Client does not agree, Services will not be provided.

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No variation of this Agreement shall be effective unless agreed to and signed by a duly appointed representative of Vendor.

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All material, both text and images included in documents are the property of Vendor. Vendor holds copyright of all work created.

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Vendor abides by the ACCC “Consumer Rights & Guarantees”. No part of this Agreement can supersede or nullify any State or Federal legislation.

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In cases of suspicions of dog abuse/neglect etc., a breach of the Animal Welfare Act will be reported  and/or the RSPCA will be notified immediately.

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This Agreement is subject to revision and review.

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2.2. Waiver

The Client hereby agrees and covenants for themselves, their heirs, executors, administrators and anyone else who may claim on their behalf to waive, release and discharge Vendor and its Trainers from any and all claims arising out of or in connection with or in any way related to these Sessions.

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Vendor expressly disclaims, and Client expressly releases Vendor from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: any inaccuracy, untimeliness or incompleteness regarding any and all sessions held with Vendor and/or misstatements or misrepresentations made by Vendor.

 

2.3. Confidentiality

The Client understands that audio recordings will be made of Sessions to allow a more comprehensive assessment of behaviour. These audio recordings will not be distributed outside of Vendor’s employees and the relevant Client. Pictures and video recordings may also be made during Sessions for the benefit of Clients and Trainers. If Client gives consent, pictures and video recordings may be utilised on social media and entertainment sites, for advertising purposes, and for educational purposes. If Client does not give consent, pictures and video recordings will be retained for Vendor records but will not be distributed to any third party.

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Client understands that personal information including (but not limited to) Client’s name, address, contact details, and Dog details will be collected and retained by Vendor. Personal details will be secured appropriately, and access will be limited only to employees of Vendor. Exceptions will only be approved in writing, with the signature of Client and a duly appointed representative of Vendor appended.

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2.4. Damages

While Vendor will take all Reasonably Practicable precautions to ensure safety of all involved in Sessions, it is not always possible to be completely safe. Therefore, Client agrees to accept responsibility for any damages Dog may cause through malicious, aggressive or improper behaviour that may occur before, during, or after all services provided by Vendor. Furthermore, Client understands and agrees that training may involve risks to Client, members of client’s family, or Dog. The Client assumes all risks associated with participating in this training and will not hold Vendor or its Trainers responsible in the event of injury to Client, Client’s family members, or Dog.

 

The Client agrees to comply with the instructions, rules and decisions of the training instructor as it relates to Client or Dog's ability to safely complete each Session. The Client also agrees to assume all responsibility for any damage done to property, persons, or other dogs done by Client or Dog's actions.

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2.5. Information

All information provided by Vendor is tailored specifically to the Client in question. Any sharing of this information is done at Client’s own risk. Any reproduction of documentation regarding Client’s Sessions must contain Vendor’s identifying information or be given appropriate attributions. Reproduction of materials without permission and without identifying information and/or appropriate attribution is not permitted.

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All work created by Vendor for Client is to be used for the sole purpose for which it was created. Client does not have the right to resell or redistribute work created by Vendor or Service information provided by Vendor, or re-purpose or reproduce work or Services without written consent from Vendor.

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2.6. Force Majeure

Neither Client nor Vendor shall be liable for failure of or delay in performing obligations set forth in this Agreement, and neither shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters or any causes reasonably beyond the control of Client or Vendor.

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Furthermore, for safety and health reasons, Sessions will not take place if;

1. The ambient temperature in the venue of training exceeds 26 degrees Celsius or is below 10 degrees Celsius (exceptions for the acceptable minimum may apply based on the breed and temperature tolerance of Dog – Client may be asked to sign an amendment if Dog is determined to be a candidate for this exclusion)

2. Electrical storms or heavy rains are forecast for the day

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2.7. Termination of Agreement

2.7.b. Termination by Vendor

Vendor, by written notice, may terminate this Agreement at any time, if;

1. Client has become more than thirty (30) days delinquent in payment for Services provided

2. Client breaches any of the terms of this Agreement

3. Vendor discovers that the client’s use of materials and information provided is unethical, misleading, or morally corrupt

4. Client’s continued retention or use of materials provided for private utilisation during Services is in anyway harmful to Vendor or its reputation

5. Client’s behaviour is deemed inappropriate

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2.7.b. Termination by Client

Client may cancel the agreement at anytime. However, the following considerations apply:

1. Client may be invoiced up to the full amount quoted based on the degree to which the work has been completed

2. If Client has not received a Session summary prior to cancellation of this Agreement, they understand they will not receive said Session summary

3. Client is not entitled to refunds for Services already received

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3. Sessions

3.1. Behaviour of Dog

The Client agrees, understands, and acknowledges that the elimination or modification of behaviours is not guaranteed, and if said behaviours are eliminated or modified, may take a large amount of time and patience. Each dog is different in regards to ability, breeding, and temperament.

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If Dog has been declared dangerous or has a history of aggressive behaviour toward humans and/or other dogs, it is the Client’s responsibility to inform Vendor and Trainers. If Client fails to notify Vendor of a dangerous dog declaration, Vendor reserves the right to terminate this Agreement without penalty.

 

If Client has notified Vendor that Dog is aggressive or has been declared aggressive, Trainer will take Reasonably Practicable precautions to avoid any injuries or damage to any property, other person, or other dog. In the event that these Reasonably Practicable precautions do not prevent an incident, section 2.2 and 2.4 apply.

 

3.2. Entry to Private Residences and Solo Training

Client agrees to Trainers entering their home during scheduled Session times. Client also agrees to the removal of Dog from home during scheduled Session times if the Session requires.

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3.3. Training Methods

Client understands that Vendor is a LIMA Training Service Provider, which advocates for the least amount of force/most reasonable amount of positive reinforcement possible to engender a desired result. In most situations, this results in the use of purely positive techniques. However, on limited occasion it may become necessary to employ careful use of aversive techniques to assist in the treatment of seriously aberrant behaviours. All employees of Vendor are trained to use aversive tools safely and with the minimum amount of aversion necessary. Vendor will not utilise any tool that is illegal in the relevant State or Territory during Sessions (prong collars, e-collars with shock function).

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Clients who are assessed to possibly benefit from aversive tools will be instructed appropriately in their use. If Dog responds disproportionately negatively to aversive tools, the use of them will immediately cease. Any improper use of aversive tools against the instruction of the Trainer is solely the responsibility of Client.

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If Client requests purely force-free methods, this request must be in writing, agreed to by the Vendor, assigned Trainer, and Client, and signed. If force-free methods are ineffective and Client does not wish to utilise aversive tools, Client may terminate this Agreement and fulfil all requirements under section 4.5.b.

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3.4. Intensives

Client agrees and understands that during the course of Intensive Sessions, Dog may be transported via a car driven by a Trainer. Client understands that Trainers who drive Dogs have full licenses with clean driving records. Client agrees in the case of an accident where both Trainer and Dog are in the car, Vendor and Trainer are absolved of any Liability as described in section 2.4.

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During the course of an intensive, Trainers are available to pick up and drop off Dog to the Client’s residence. Pick up and drop off are additional to the time spent training Dog during Intensives not inclusive. Client understands and agrees if the transport distance travelled is over 60km for one Intensive Session and this travel takes place outside of the Session’s scheduled hours, there will be a fuel surcharge of $20.

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3.5. Board and Train

Client understands that if Dog has any form of moderate to severe behavioural issue (e.g.: overprotective tendencies, resource guarding, aggression toward humans and/or dogs, any form of anxiety, etc.) they will be deemed unsuitable to receive this Service until such time that the relevant behavioural issue has been treated appropriately.

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Client further understands that the amount of time specified per day for each variant of the Board and Train Service is a cumulative amount (e.g.: when training a dog for an hour in a day, the amount of consecutive minutes spent training may be fifteen, with four separate training blocks in one day).

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3.6. Therapy and Mental Health Support Training

Client understands that Vendor offers Services for;

1. Those seeking to prepare for Assistance Dog accreditation with State or Territory Governments and/or;

2. Those seeking training under the Commonwealth Disability Discrimination Act (1992; Section 9.2.c).

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Client will advise Vendor at the commencement of training so the course outline can be individualised to their requirements. Vendor is not a registered NDIS Public Access Test provider. Vendor can provide the required training in order to prepare Dog and Client for the aforementioned Public Access Test for specified assistance purposes.

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Vendor does not provide training for;

1. Guide Dogs

2. Medical Alert/Medical Assistance Dogs

3. Physical Assistance Dogs

 

Vendor does provide training for;

1. Mental Health Support Dogs (support for autism, anxiety, depression, PTSD, etc.)

2. Therapy Dogs (support during medical appointments, in hospitals, and in aged care homes)

 

An Initial Consultation must be booked before any Assistance Dog training may take place. Vendor reserves the right to refuse any Dog or Client for Assistance Dog training if they are assessed as unsuitable. The provision of Assistance Dog training by Vendor is not a guarantee that Dog will pass the Public Access Test.

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4. Payment

4.1. Fees

The Client understands and agrees that Vendor does not offer free Services or Consultations unless specified as part of a promotion, and that the first visit is considered session #1 of program or class.

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The Client agrees to pay the reasonable cost of sessions as displayed on the website of Vendor or the cost agreed on by a duly appointed representative of Vendor in writing.

 

The Client furthermore understands that while prices may temporarily lower for a given service as part of a promotion or agreement made with the company, Vendor may, at their discretion, change pricing for subsequent sessions. The Client is not obliged to continue training with Vendor if price increases cause further Sessions to become unaffordable.

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4.2. Packages

The Client understands that any Packages must be paid in full either in advance of or on the day of the first Session, unless an arrangement has been made and agreed to in writing by both Vendor and Client. Failure to do so will result in the cancellation of the first Session until such time as the payment has been made.

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Once a Package has been paid for in full, no subsequent price changes to the relevant Service will be incurred until the Client has exhausted the purchased amount of sessions.

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4.3. Non-Payment

All quotes and tenders are valid for a period of thirty (30) days. If outstanding payment is due, Vendor reserves the right to withhold services or goods until such time as payment has successfully been made. Any payment returned by the bank or card company will incur a $20 admin charge as well as any charges made by the bank.

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In case collection proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process.

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All administrative fees to third parties and the time taken to organise will be charged to Client irrespective of any quoted amount set out in the quotation with its specifications.

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4.4. No-Show and Refunds

The Client agrees and understands that a “no show” for a scheduled appointment will be counted as a lesson. The Client also understands that refunds will not be available after the Session is completed regardless of the situation. The Client further understands that time spent during the Session discussing their Dog, training and/or behaviour is considered training/lesson time.

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The Client agrees and understands that if a scheduled appointment is cancelled without due cause within 24 hours of the appointment time, they will be charged the cost of the Session.

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If for any reason whatsoever Vendor is unable to provide an agreed product or service in accordance with this Agreement, Vendor’s liability shall be limited in its entirety to a proportional refund of any fees paid by Client for the service or product.

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5. Medical

5.1. Vaccinations and Regular Treatments

The Client agrees and understands that any Dog they are responsible for who is participating in the training Sessions is free of any infectious disease and is current on all appropriate vaccinations, including bordatella, distemper, parvovirus and rabies. The Client also understands that a Health Certificate must be provided before Dog may participate in any group Sessions involving dogs not in the same household. The Client also understands that all Dogs enrolled in Sessions must receive monthly preventative treatments for the control of fleas.

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Client furthermore declares that all Dogs participating in training are healthy and fit to train. Client understands that any injuries or illness as a result of a false declaration to this effect will fall under section 3.1

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5.2 Administration of Emergency Medical Treatment

Client understands and agrees that, in the case of emergency, Vendor will administer or seek First Aid and resuscitative care for Dog(s) as determined appropriate by Vendor. Client further agrees to indemnify and hold harmless Vendor for all and any results thereof. Client also agrees that in the case that Client cannot be contacted and/or in the event of an emergency:

1. Client authorises Vendor and/or representatives to seek immediate veterinary care for Dog

2. Client is responsible for all associated costs

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5.3. Administration of Treats

Client understands that during the course of Sessions, Trainers may administer treats to Dog. Client agrees to indemnify and hold harmless Vendor for all and any results thereof. It is Client’s responsibility to notify Vendor of any food allergies that have developed or are pre-existing in Dog throughout the duration of this Agreement.  Information on treats used during training sessions is available upon request.

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Client furthermore understands if they request treats not to be administered, training may not be as effective.