PRIVATE BOARD AND TRAIN SERVICE AGREEMENT © 2024

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This Private Board and Train Service Agreement (the “Agreement”) is between One Up Pup LLC (hereinafter “Dog Trainer”) and the rightful and legal owner of the dog(s) to be trained (hereinafter “Client”). Dog Trainer and Client shall also additionally be known as a “Party” or jointly as the “Parties” as the case may be.

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Valuable consideration is hereby provided by both Parties in the form of Services and payment for Services, the sufficiency and receipt of which are hereby acknowledged.

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The Parties agree to the following:

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1. LOCATION AND BOARDING TIME

Client agrees to have Dog Trainer provide Boarding and Training Services which for purposes of this Agreement, shall also be known as (the “Service” or “Services”) at Client’s address as listed under Section (1a) of this agreement, for any and all Boarding and Training Services. Client agrees to provide notice to Dog Trainer not less than 72 hours in advance for any changes to Client’s address. Client understands and agrees that a failure to provide Dog Trainer with notice may result in a delay or disruption of Services.

 

Client and Dog Trainer agree that any and all “Day Private Board and Train Services” are no more and no less than six (6) hours per work day. Client and Dog Trainer agree that any and all “Overnight Private Board and Train Services” are no more and no less than 24-hours per full day. Note that the “Attendance Policy” under Section (2) shall apply in all circumstances.

 

Client and Dog Trainer agree that seven (7) consecutive days of Private Board and Train service, allots Client 1 free 60-minute Private Lesson. Note that the “Attendance Policy” under Section (2) shall apply to all “free” Services.

 

a. CLIENT’S ADDRESS

Client’s Address: ___________________________________________

Client agrees to provide reasonable and accessible parking accommodations and access to the premises during the performance of Services.

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Prior to commencement of Services, Client shall inform Dog Trainer and its Independent Contractor regarding any other animals and/or members currently present and living at Client’s address. Client agrees to provide appropriate bathroom facilities to Dog Trainer or is Independent Contractors for reasonable use.

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Client agrees to use best efforts to maintain Clients’ address in a proper and safe condition for Dog Trainer to provide Services in a safe and professional manner.

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2. ATTENDANCE POLICY

Dog Trainer shall require a 24-hour notice prior to the day of Boarding and/or Training if Client needs to reschedule and/or cancel an appointment. If Client fails to provide Dog Trainer a 24-hour notice to reschedule and/or cancel an appointment, then the Service will be deemed a “no show” from Client. The “no show” will then be classified as “completed service” for the day(s) missed and Client will be billed accordingly.

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To cancel or reschedule an appointment Client may use the following methods of communication:

1. Dog Trainers Phone: (213) 676-0346

2. Dog Trainers Email Address: info@oneuppup.com

3. Dog Trainers Text Messaging: (213) 676-0346

 

3. DESCRIPTION OF SERVICES

Client agrees to have a Dog Trainer’s behavioral specialist who shall be an Independent Contractor and not an employee of Dog Trainer provide Private Boarding and Training Services at Client’s location as specified under Section (1a) of this Agreement. Private Boarding and Training Services includes but is not limited to caring for Client’s dog(s), providing feeding Services, monitoring for safety, and providing positive behavioral modification dog training. Positive Reinforcement Training uses a reward (treats, praise, toys, anything the dog finds rewarding) for desired behaviors. Because the reward makes them more likely to repeat the behavior, positive reinforcement is one of your most powerful tools for shaping or changing your dog's behavior. Training Services will be interspersed throughout the Boarding time as Dog Trainer sees fit. 

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Dog Trainer will use commercially reasonable efforts to document Client’s dog(s) progress during the Training and Boarding Process. However, the Client understands, acknowledges, and agrees that client has an obligation to continue the learned training exercise presented by the Dog Trainer or its Independent Contractor after dog Training Services have been completed. This is to ensure a successful positive behavioral modification experience with Client’s Dog(s).

Dog Trainer will work with Client to create a training schedule that works best for Client and Client’s dog(s). Dog Trainer will provide Client with a written training program and progress reports to help Client’s dog(s) reach their goals.

 

a. Vaccination Requirements

Client acknowledges and agrees that Client’s Dog(s) must be in good health and have all necessary vaccinations in compliance with local and state laws. Client further agrees to provide proof to Dog Trainer of the necessary vaccinations and that Client’s Dog(s) is/are free from any contagious pests or disease prior to the commencement of any and all Services.

 

b. Emergency Veterinary Care

In the unlikely event Client’s Dog(s) were to require emergency veterinary care due to an injury or illness during the course of Boarding and/or Training, Dog Trainer will make two (2) consecutive attempts to contact the emergency contact listed under section [3bi] of this Agreement to discuss the matter and decide an appropriate course of action. If Dog Trainer is unable to reach the emergency contact after the second attempt, Dog Trainer will subsequently coordinate emergency transportation to the closest veterinary care center and advise the veterinary care center to treat Client’s Dog(s). Client agrees to be held responsible for all transportation costs, medical and veterinary bills that may be incurred as a result of emergency veterinary care.

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i. Emergency Contact

Emergency Contact Name: ______________________________

Emergency Contact Phone Number: _______________________

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c. Equipment and Supplies

Client agrees to provide all necessary equipment and supplies for their dog(s), which include, but are not limited to, leashes, harnesses, identification tag, crates, water bowls, toys, food, and treats. Dog Trainer shall provide all other materials and resources for properly Training and Boarding Client’s Dog(s).

 

4. DOG TRAINING USE OF INDEPENDENT CONTRACTORS

Dog Trainer shall use Independent Contractors who are trained in positive behavioral modification dog training. Dog Trainer shall ensure that all Independent Contractors have passed a background check and have been carefully screened for their quality of work. Client understands, acknowledges, and agrees that Dog Trainer and its Independent Contractors only use positive reinforcement methods alongside a reward-based system of dog training. If Client insists on using other methods of dog training that are not in-line with positive reinforcement standards, this will be deemed a breach of the Agreement and continued Service shall be terminated as specified under Section (11) of this Agreement. Client understands that service fees will not be refunded including any service fees that are paid as a deposit to reserve Training Dates.

 

a. Client’s Right to Interview Dog Trainer’s Independent Contractor

Prior to the commencement of any Boarding or Training Services, Client reserves the right to interview Dog Trainer’s Independent Contractors. Independent Contractor shall furnish Client with proof of their qualifications in Dog Trainer’s training methods and practices. 

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Dog Trainer’s goal is to provide quality Services that help Client’s dog(s) become well-behaved and obedient. Dog Trainer, and its Independent Contractors will provide both private and group dog Training Services to help Client’s dog(s) reach their full potential. Dog Trainer will provide Client with a written training program and progress reports to help Client’s dog(s) reach their goals.

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After the interview and inspection Client may decide not to use Dog Trainers Independent Contractor. Under these circumstances Client may elect to 1) have Dog Trainer provide a different Independent Contractor to interview, or 2) notwithstanding Section (11) of this Agreement, provide written notice of termination of this Agreement to Dog Trainer and have any funds that have been paid in advance for Services, returned to Client within 10 business days from the date of termination.

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5. PAYMENT

Private Daily and 24-hour Boarding and Training fees are listed in the table below. Client agrees to hire Dog Trainer for Private Board and Train Services for the overall Service fee of [                         ].

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All Service fees are subject to a 4.5% transaction fee from Dog Trainer’s third-party merchant services provider during checkout (whether payment is made online or in person). Client understands this transaction fee is controlled by the merchant services provider and therefore is subject to change without notice for any future Services from Dog Trainer.

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Client agrees to pay a non-refundable “reservation deposit” of 50% of the overall Service fee, in order to reserve the Training date(s), [                              ].

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Client further agrees to pay the remaining 50% of the overall Service fee on the first date of training.   

 

Daily Rate for Boarding and Training (Per Individual Dog) $200.00

24-Hour Rate for Boarding and Training (Per Individual Dog) $250.00

Merchant Services Transaction Fee (Subject to Change without Notice) 4.5%

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a. Failure to Pay for Services

If Client fails to pay for Services, Dog Trainer will send a notice to cure to Client. Client will have five (5) days from the date of the notice to satisfy the payment due. If Client still fails to pay for Services, Dog Trainer reserves the right to hold Client’s Dog(s) until payment has been satisfied or sell Client’s Dog(s) to satisfy payment.

 

b. Refunds

Client understands, acknowledges, and agrees that all Service fees are non-refundable. Dog Trainer reserves the right to terminate Services as provided under Section (11) of this Agreement. In the event of termination, Client shall not be entitled to a refund of any service fees rendered and paid including any service fees that are paid as a deposit to reserve Training Dates.

 

6. LIMITATIONS OF LIABILITY 

Client acknowledges that obedience training and behavior modification is an activity that may cause damage or result in injury to Client’s dog(s), other dogs, people, and property. Client shall assume full financial and legal responsibility for the actions of Client’s dog(s).

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Client will also assume full financial responsibility for any tickets or citations Dog Trainer, its employees, or is Independent Contractors may incur if Client’s dog(s) is/are not legally neutered and/or licensed by the city.

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Client further acknowledges that Client’s dog(s) may be exposed to a variety of environmental conditions, which include, but are not limited to, insects, interaction with people and other animals, exposure to adverse weather, and exposure to areas with crowds and all types of traffic. Client understands, acknowledges, and agrees that these exposures could result in adverse events and releases Dog Trainer, its employees and its Independent Contractors from any known or unknown adverse events whether intentional or by negligence.

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Dog Trainer will take every precaution possible to keep Client’s dog(s) safe, however, Client assumes all risks associated therein, including the risk of any canine viruses, pests, and parasites that may be contracted while under Dog Trainers care.

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7. INDEMNIFICATION OF LIABILITY

CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS DOG TRAINER, ITS EMPLOYEES AND ITS INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY (INCLUDING DEATH OR SERIOUS BODILY HARM), CLAIMS, AND EXPENSES, WHETHER IN CONTRACT OR IN TORT, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, LOST PROFITS AND LOST REVENUES, ARISING OUT OF THE SERVICES PROVIDED BY DOG TRAINER, ITS EMPLOYEES, AND/OR ITS INDEPENDENT CONTRACTORS OR ANY THIRD PARTY.

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8. FORCE MAJEURE

Dog Trainer shall not be liable for any delay or failure in performance under this Agreement, other than the obligation to reimburse Client for any Services not completed, if such delay or failure is caused by acts of God, war, riot, fire, flood, explosion, embargo, governmental action, strike, labor dispute, weather, third-party non-performance or any other cause beyond the reasonable control of Dog Trainer.

 

9. WARRANTIES AND REPRESENTATIONS

Dog Trainer warrants that it is properly licensed and insured to provide the Services under this Agreement. Dog Trainer warrants that it will provide the Services under this Agreement in a professional manner.

 

Dog Trainer disclaims any warranties, whether expressed or implied, including any warranty of merchantability or fitness for a particular purpose.

 

Client represents that Client is the legal owner of the dog(s) receiving Service from Dog Trainer and the dog(s) receiving Service are free from any physical or mental abnormalities including without limitation, any hyper aggressive behaviors, infectious diseases, parasites, and other transmissible pests and/or diseases.

 

Client warrants that he/she is the legal owner or has express permission to use Client’s address as provided under Section (1a) of this Agreement for receiving Services from Dog Trainer.

 

10. CONFIDENTIALITY

Dog Trainer agrees to keep confidential any information about Client’s dog(s) that is not generally available to the public.

 

11. TERMINATION

Dog Trainer may terminate this Agreement at any time for any breach of this Agreement, any refusal to use positive reinforcement methods for Training, any failure to comply with Dog Trainer’s Policies or because of Client or Client’s Dog(s) unreasonable behavior. Dog Trainer may provide Client written notice of termination within 24-hours of the intent to terminate this Agreement. In the event of termination by Dog Trainer the Refund Policy under Section (5b) shall apply.

 

Client may terminate this Agreement at any time for any reason by giving Dog Trainer written notice of termination. If Client terminates this Agreement prior to the completion of the Services, Client shall not be entitled to a refund of any portion of the service fees including any service fees that are paid as a deposit to reserve Training Dates.

 

12. RELATIONSHIP OF THE PARTIES

Dog Trainer is an Independent Contractor and is not an employee of Client. Nothing in this Agreement, and no course of dealing between the Parties, shall be construed to create or imply an employment or agency relationship or a partnership or joint venture relationship between the Parties.

 

13. GOVERNING LAW, CALIFORNIA

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

 

14. CLIENT SHALL NOT DISPARAGE, SLANDER, OR LIBEL DOG TRAINER

CLIENT AGREES NOT TO DISPARAGE, SLANDER, OR LIBEL DOG TRAINER IN ANY WAY. CLIENT AGREES TO REFRAIN FROM MAKING ANY FALSE OR MALICIOUS STATEMENTS THAT WOULD CAUSE IRREPARABLE HARM TO DOG TRAINER, ITS EMPLOYEES, OR ITS INDEPENDENT CONTRACTORS. THIS INCLUDES, BUT IS NOT LIMITED TO, STATEMENTS MADE VIA SOCIAL MEDIA, IN PERSON, OR IN ANY OTHER PUBLIC FORUM. 

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15. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether oral, written, implied or expressed. This Agreement may not be amended, changed, altered, or modified in any way except by a written agreement signed by both parties.

 

16. SEVERABILITY

Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal, the validity and enforceability of the other provisions shall not be affected thereby.

 

17. ASSIGNMENT

This Agreement may not be assigned by Client without the prior written consent of Dog Trainer.

 

18. BINDING EFFECT

This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns.

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19. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

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20. ARBITRATION

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration in accordance with the rules and guidelines of the American Arbitration Association. The Parties agree to abide by the decision of the arbitrator(s) and to use the American Arbitration Association for arbitration. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Client and Dog Trainer hereby agree to mediate and/or arbitrate any misunderstanding that may arise pursuant to the terms contained herein. In any action or proceeding arising out of this Agreement, the prevailing Party shall be entitled to reimbursement of costs and legal fees.

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21. CONTRARY OR CONFLICTING PROVISIONS

If any clause contained in this Agreement is determined to be contrary to any applicable law or public policy, such clause shall be effective to the maximum extent permitted by law.

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If any term, provision, condition or other portion of this Agreement is determined to be invalid, void or unenforceable, the same shall not affect any other term, provision, condition or other portion hereof and the remainder of this Agreement shall remain in full force and effect as if same did not appear herein. Any uncertainty or ambiguity contained in this Agreement, if any, shall not be interpreted or construed against either Party, but shall be interpreted and construed according to its fair meaning applying the applicable rules. 

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21. ELECTRONIC SIGNATURE

Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.